Terms of Service
Updated: April 18th, 2022
If you are using our platform on behalf of an organization, your use constitutes an agreement of our policies on behalf of that organization.
If you do not agree to our policies, you may not access or use our platform.
We may revise these Terms of Service at any time. Your continued use after that notice means that you agree to the changed Terms of Service. If you provide a meaningful way for us to notify you of changes, we will notify you, otherwise you may visit this page to view our up-to-date policies.
The content you provide to us is yours. These Terms of Service provide us with limited rights that enable us to offer our services.
We need your permission to host your content, back up your content, or share your content. Our platform features may require us to access, store, and scan your content. By agreeing to these Terms of Service, you agree to give us permission to do what is necessary to run our platform. These permissions extend to third party services which we rely on to run our platform. We reserve the right to disclose your content and other information as required by law or any competent authority.
You own, or undertake that you are authorised to use, any intellectual property in any data you store on, use, download, upload, share, access, transmit or otherwise make available to or from, our platform. You grant us a worldwide, royalty-free licence to use, store, back-up, copy, transmit, distribute, communicate, modify and otherwise make available, your data, solely for the purposes of enabling you and those you give access to, to use our platform and for any other purpose related to provision of our platform to you and them.
You must maintain copies of your content stored by you on our platform. We do not make any guarantees that there will be no loss of data or our platform will be bug free.
You are responsible for your conduct on our platform. Your content and you must comply with our Acceptable Use Policy. Content may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms of Service and our Acceptable Use Policy. However, we have no obligation to do so. We are not responsible for the content people post and share via our platform.
You may use our platform only as permitted by applicable law, including export control laws and regulations. If you reside in the United States, you must be 13 years of age or older to use our services. If you reside in the European Union, you must be at least 16 or older. Please check your local law for the age of digital consent. If you don’t meet these age requirements, you may not use our platform.
What you may not do
You may not do anything that would damage, disrupt, or place an unreasonable burden on our platform or anyone else’s use of our platform.
You may not infringe on others’ intellectual property rights.
You may not resell or otherwise supply our services to anyone else.
You may not use our platform to store, use, download, upload, share, access, transmit, or otherwise make available, data in violation of any law in any country (including to breach copyright or other intellectual property rights held by us or anyone else).
You may not use our platform to send unwelcome communications of any kind (including but not limited to unlawful unsolicited commercial communications) to anyone (e.g. spam or chain letters).
You may not use our platform to abuse, defame, threaten, stalk or harass anyone, or to harm them. California’s criminal law addressing online harassment states that it is illegal to use an electronic communication device to make repeated contact with another person with the intent to harass or annoy, or to make a single intentionally harassing contact if it includes any obscene or threatening language (California Penal Code 653m.). Additionally, it is illegal to make credible threats by means of any electronic communication device, including but not limited to telephones, cell phones, smart phones, tablets and computers (California Penal Code 442.). It is also a crime to use an electronic communication device to distribute personal information of another person without their consent, and with the intent to harass them or cause them fear. (California Penal Code 653.2)
You may not use our platform to upload anything or otherwise introduce any spyware, viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else’s, network, device or computer system.
You may not use our platform to attempt to gain unauthorised access to any services other than those to which you have been given express permission to access.
You are free to stop using our platform at any time. We reserve the right to suspend or terminate your access to our platform without notice to you if you are in breach of these Terms of Service, or your use of our platform are in a manner that would cause a real risk of harm or loss to us or others. We may also terminate or suspend our platform or any part of our platform, for any users, without notice, at any time, for any reason or no reason.
We may, at any point in time, decide to discontinue our platform in response to circumstances unforeseen beyond our control, or to comply with a legal requirement.
We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.
To the fullest extent permitted by law, our platform and its affiliates, suppliers and distributors make no warranties, either express or implied, about our services. We provide our services “as is.” We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR EMPLOYEES, OFFICERS, AND AGENTS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE OR OUR API, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE OR OUR API, OR OUR SERVICES, AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STATUTORY OR PRODUCT LIABILITY, OR OTHERWISE.
YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS OR ANY POLICY REFERENCED IN THESE TERMS.
IF YOU ARE NOT SATISFIED WITH OUR SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR USE OF OUR SERVICES AND THE CONTRACT YOU HAVE WITH US. THIS SECTION DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
DESPITE THE ABOVE, IF ANY COURT OR OTHER COMPETENT AUTHORITY HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE MOST RECENT AMOUNT YOU HAVE PAID TO US, IF YOU HAVE PAID AN AMOUNT TO US.
Residents of California. If you reside in the state of California you are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at 916-445-1254. California residents expressly agree to waive California Civil Code Sec. 1542, which states: “A general release does not extend the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Any legal questions/complaints/claims regarding this Agreement are under USA law and jurisdiction. These Terms of Service will be governed by USA law. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local law of the consumer’s country. This paragraph does not override those laws.
Before filing a claim against our platform, you agree to try to resolve the dispute informally by contacting [email protected]. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or we may bring a formal proceeding.
If you live in the USA or the rest of the world (but not the European Union), you and we agree not to bring any class action or similar collective legal action against each other.
These Terms of Service constitute the entire agreement between you and us with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or Terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights. No agreement, arrangement or understanding alleged to be made between us, or representation alleged to be made, by us or on our behalf, to you, if inconsistent with these Terms, shall be valid unless agreed to in writing by our CEO.
Our failure to enforce a provision is not a waiver of our right to do so at a later time. If a provision in these Terms of Service is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted, reflecting our intent as closely as possible. You may not assign any of your rights under these Terms of Service, and any such attempt will be void. We may assign our rights to any successor in interest of any business associated with our platform.