LAST REVISED ON: MAY 3, 2020
The website located at gadgetsoftware.com (the “Site”) is a copyrighted work belonging to Gadget Software (“Company”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS AND CONDITIONS ARE BETWEEN YOU AND THE ORGANIZATION THAT YOU REPRESENT (hereinafter “You” or “Your”) AND GADGET SOFTWARE, INC. (hereinafter “Gadget”) REGULATING HOW YOU USE GADGET’S SUITE OF DOCUMENT CONVERSION, STORAGE, MANAGED ACCESS, DISPLAY SERVICES, AND CAPTURE AND ANALYSIS OF USAGE DATA.
Agreement to Terms
If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You agree to the Terms by virtue of using the Site and Services.
Description of Service
We provide an array of services for the transformation of documents, consisting of text, tables, images and drawings into the discrete topics of which they are comprised. Once transformed, our services further provide for these topics to be stored on the cloud as individual topic data records. Our services then provide for managed access to these topic data records for the purpose of distributing or sharing them for display via web browser, existing applications created by you the customer, other application providers with whom you are engaged, or via Gadget’s iOS or Android applications. We also enable the sharing of these topic data records with an array of existing business intelligence applications and/or data analytics suites. Depending on the method of access and distribution, our services also enable the capture and storage of metrics on how topic data records are used by your intended audience. Our services then provide for sharing this data with the same business intelligence applications or data analytics tools, all of which comprise our “Service” or “Services.” Within this agreement, all original documents and their subsequent derivations as topic data records, and the usage data captured by our services is hereinafter defined as “Content.” You may use the Services for your business use or for internal business intent in the entity that you represent. You may reach the Services using any Internet browser compatible with the Services. It is your responsibility to obtain access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content as long as it is not in violation of any intellectual property, trademark, or copyright protections. It is your responsibility to ensure that everything you publish conforms with all protections.
Changes to Terms of Service
We retain the right to modify Terms at any time and will advise you by sending email to the address you provide us for this purpose. If the changes are significant, we will advise you at least 30 days in advance of the changes effective date. In such cases of significant changes, You may end your use of the Services notifying Gadget via email within 30 days receiving your notification of such changes. Furthermore, we will refund any of the unused portion of any prepaid fees on a prorated basis. If You do continue using the Service we will consider that you have agreed to the modified terms of this agreement.
Communications from Gadget
The Service may provide notice to You of service announcements or administrative messages. You agree that these communications are part of using the Services.
Subscription Renewals and Payments
Gadget offers subscription plans of various durations which are automatically renewed at the end of each subscription period unless changed to an available free plan or you notify us that you wish to terminate the subscription. If you do not wish to renew the subscription, you must inform us at least 30 days prior to the renewal date. There are no charges for any of Gadget’s Trial Programs or Services.
Administrators of the Services
When you begin to use the Services, you will designate to us one or more administrators. These designated administrators will manage the Services based on your requirements, control the end users who are required to log in and manage their credentials, and control the publishing, distribution, or other sharing of topic data records to your intended audiences.
You agree that Gadget does not manage your account administration or internal management of the Services and that You are responsible for designating the appropriate individuals to hold administrator responsibility for i) managing your organization account, ii) protecting the confidentiality of your organization’s passwords and administrator privileges access, iv) ensuring your compliance with this Agreement, and v) providing final approval and control of all topic data records stored, accessed, distributed or otherwise shared.
Should the need arise for administrator access recovery, and if you have not otherwise provided an account recovery process to us, Gadget may enable control of an administrator account to You or a designated replacement who demonstrates appropriate authority to act on your organization’s behalf. You understand and agree that Gadget is not liable for any results of Gadget acting in good faith in these matters.
Restrictions on Use
You agree that you will not: (i) provide any derivative services to any third party; ii) transfer the Services to any third party; iii) publish links to websites you do not control without prior written permission; iv) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity.
With written notice, we reserve the right to terminate your access to the Services if we discover reasonable evidence that you have used the Services to conduct or support any illegal or unauthorized activity.
Personal Information and Privacy
You own all the content submitted and/or transformed into topic data records. Your use of the Services does not give Gadget the any rights to use, reproduce, or publish content you created and stored with Gadget for our marketing or similar use. You agree that Gadget must access, copy, distribute, store, transmit, reformat, display your content in order to provide the Services to you. Gadget may aggregate usage statistics across types of topic data records for the purpose of improving our services, or for provision of generalized, non-identifiable benchmark statistics on the general use or attributes of general content types as an additional Gadget Service. Gadget will never reveal any such statistics so as to enable the identification of your organization as the source of those statistics.
Protection of Content
You, or Gadget acting on your written instructions, will in the use of the Services, transmit or publish content created by you or others who have given you their explicit written permission. You agree that you are solely responsible for all content and any consequences or results of its transmission or publication. You agree to diligently protect against any accidental or otherwise publishing of any private content that is not intended for public availability. If you enable the availability of copyrighted/copyrightable content on any of the Services you affirm that you have the consent, authorization or permission to do so. Should Gadget be notified of any infringement of third party rights in such content, you agree that Gadget may restrict access to or delete such content made available by you. You further agree, as demonstrated by your use of the Services, that Gadget shall determine illegality or infringement of third-party rights in such content by the agent designated by Gadget for this purpose, according to our current procedures for such to complaints of illegality or infringement of third party rights. You may always protest any restriction of content by Gadget by emailing us at email@example.com.
Gadget Software, Gadget Software logo, the names of individual Services and their logos are trademarks of GADGET Corporation. You agree not to display or use, in any manner, the Gadget trademarks, without Gadget’s prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SINGULAR RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. GADGET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. GADGET MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO COUNSEL OR INFORMATION, EITHER WRITTEN OR ORAL, PROVIDED TO YOU BY GADGET, ITS EMPLOYEES OR REPRESENTATIVES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU AGREE THAT GADGET SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF GADGET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL GADGET’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify and hold harmless Gadget, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Gadget.
Any dispute or claim arising out of or relating to how you use the Services shall be resolved by binding arbitration in accordance with the Federal Arbitration Act and federal arbitration law. Any such dispute resolution shall be arbitrated on an individual basis and shall not be consolidated in a class or representative action. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New Jersey by the American Arbitration Association under its rules and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Gadget may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Inactive User Accounts Policy
Gadget may terminate unpaid user accounts that are inactive for a continuous period of 90 days. We will notify you of such termination and give you the option to back-up your data.
If Gadget breaches its obligations under these Terms, You have the right to terminate your user account and will be entitled to a prorated refund of any prepaid fees. If you choose to terminate your use of the Services due to breach by Gadget, we will deny all access to all Services, provide you with a backup all of your content should you request it at time of termination and provide it to you such that should you later decide to subscribe to the Services again you may re-use your Content. After termination and your optional back up your content we will delete your content from our systems.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.
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