policies_terms.html

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  <h2>Userbase terms of service</h2>

  <p class="italic text-sm text-center">Last updated: January 20, 2020</p>

  <p>
    Userbase is a database and backend service for web applications. By using Userbase you are agreeing to be bound by the following terms and conditions ("Terms of Service").
  </p>

  <p>
    Please read these carefully. Violation of any of the Terms of Service may result in the termination of your account, disruption of your web applications that use Userbase, and the inaccessibility or deletion of your users’ data.
  </p>

  <ol class="list-decimal list-inside ml-0">
    <h3>
      <li><span class="ml-4">The Service & Definitions</span></li>
    </h3>
    <p>
      Userbase is a service for web application owners to add user account functionality to their web applications, such as creating new user accounts, allowing users to login, allowing users to logout, allowing users to reset their passwords, and allowing users to save and query application data. Technical support for Userbase is provided via email.
    </p>

    <ol class="list-latin list-outside">
      <li>When we say "our", "we", "us", we mean Encrypted Development LLC ("Company").</li>
      <li>When we say "Userbase", we mean the service being provided by the Company ("Service").</li>
      <li>When we say "you", "account", or "customer", we mean a customer of the Service ("Customer").</li>
      <li>When we say "user", or "users", we mean a user account managed by the Service for the Customer's web application ("User").</li>
      <li>When we say "data", or "user data", we mean any data or information inserted or uploaded by any User of the Customer's web application ("User Data").</li>
    </ol>

    <h3>
      <li><span class="ml-4">Account Terms</span></li>
    </h3>

    <p>
      You are required to create an account and specify a password in order to use the Service.
    </p>

    <ol class="list-latin list-outside">
      <li>You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process.</li>
      <li>You are responsible for maintaining the security of your account and password. Keep your password confidential. The Company cannot and will not be liable for any loss or damage to you or your Users from your failure to comply with this security obligation.</li>
      <li>Accounts registered by "bots" or other automated methods are not permitted.</li>
      <li>You are responsible for the data of your Users and all activity that occurs under your account.</li>
      <li>You may not use the Service for any illegal purpose or to violate any applicable laws. You may not use the Service to violate the rights of any third parties, including but not limited to, intellectual property rights.</li>
    </ol>

    <h3>
      <li><span class="ml-4">Payments</span></li>
    </h3>

    <ol class="list-latin list-outside">
      <li>
        You can only use the Service by paying in advance for usage. Payments will be handled by credit card, and you may choose to pay for usage as designated in the payment screen options (e.g., monthly or yearly). The fees will be recurring unless you cancel your account as described below. If you fail to pay for usage in advance, your account will become inaccessible within 90 days of such failure, until payment is made.
        <strong>Within 120 days of failure to pay, all User Data will be permanently deleted from all active systems, logs, and backups. The User Data cannot be recovered once it has been permanently deleted.</strong>
      </li>
      <li>All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Where required, the Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.</li>
      <li>Refunds are processed according to our <a href="/policies/refund">refund policy</a>.</li>
    </ol>

    <h3>
      <li><span class="ml-4">Account Cancellation & Deletion of User Data</span></li>
    </h3>

    <ol class="list-latin list-outside">
      <li>You are solely responsible for canceling your account. You can cancel your account at any time by clicking on the "Account" link in the global navigation bar at the top of the screen. The Account screen provides a simple no-questions-asked cancellation link. You may not cancel your account by sending us an email or phone request. If you do not cancel your account, the usage fee will continue to be charged to your credit card.</li>
      <li>Once you cancel your account, you will immediately be unable to access the Service. <strong>Within 30 days of cancellation, all User Data will be permanently deleted from all active systems, logs, and backups. The User Data cannot be recovered once it has been permanently deleted.</strong></li>
      <li>If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time from the previous billing cycle, and you will not receive any partial refund.</li>
    </ol>

    <h3>
      <li><span class="ml-4">Account Suspension & Termination</span></li>
    </h3>

    <p>
      The Company, in its sole discretion, has the right to suspend or terminate your account for any reason at any time. If the Company suspends or terminates your account, then the Company may provide you with a pro-rated refund for unused time in such billing cycle. However, if the Company suspends or terminates your account due to (a) your breach of these Terms of Service, (b) any acts or omissions by you that are grossly negligent or any willful misconduct, or (c) if the Company suspends or terminates services for all its customers, then such termination will result in the deactivation or deletion of your account, and/or disabling your access to your account, and the forfeiture and relinquishment of all the User Data in your account. No refunds will be provided. We will provide you with email notice prior to terminating your account.
      <strong>Within 30 days of termination, all User Data will be permanently deleted from all active systems, logs, and backups. The User Data cannot be recovered once it has been permanently deleted.</strong>
    </p>

    <h3>
      <li><span class="ml-4">Modifications to the Service and Prices</span></li>
    </h3>

    <ol class="list-latin list-outside">
      <li>The Company reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.</li>
      <li>Prices of all Services are subject to change upon 30 days notice from us, including notice posted to the Company website or through the Service itself.</li>
      <li>The Company shall not be liable to you, any User, or to any third party for any modification, price change, suspension or discontinuance of the Service.</li>
      <li>Any new features that augment or enhance the Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.</li>
    </ol>

    <h3>
      <li><span class="ml-4">Intellectual Property</span></li>
    </h3>

    <ol class="list-latin list-outside">
      <li>All User Data inserted, uploaded, or posted on the Service must not violate any applicable law, including without limitation any intellectual property laws, privacy laws, and criminal laws. You represent and warrant to us that you have all necessary rights, permissions and consents (including User and third party consents) to insert, upload, and post the User Data to the Service.</li>
      <li>You (or on behalf of Users) retain all ownership rights in the User Data stored to the Service.</li>
      <li>By inserting, uploading or posting the User Data to the Service, you grant us, our agents, licensees, and assigns the right and license to encode, store, process and use the User Data to provide the Service. Without these rights, we couldn’t offer our Services.</li>
      <li>You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any User Data you insert, upload and/or post and your use of the Service.</li>
      <li>The Company reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any User Data, content or other information in Company's possession about or related to Customer, Customer’s use of the Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the Service or Company’s customer data and information.</li>
      <li>If you send us any feedback, information, ideas, suggestions, or other communications we may use such communications to improve the Service or in our business operations.</li>
      <li>We retain all rights, title and ownership interest in and to the Service, including all intellectual property rights. Your use of the Service does not give you ownership of any intellectual property rights to it or the content you interact with, except for your User Data. All rights not granted to you in these Terms of Service are reserved by Company.</li>
    </ol>

    <h3>
      <li><span class="ml-4">Copyright Infringement Notices</span></li>
    </h3>

    <p>
      If you believe any User Data or other content on the Service infringes your copyrights, you may request that we remove the data or content from the Service (or disable access to it) by providing our copyright agent with the written information specified below:
    </p>

    <ul class="list-disc list-outside">
      <li>An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;</li>
      <li>A description of the copyrighted work that you claim has been infringed upon;</li>
      <li>A description of where the material that you claim is infringing is located on the Service;</li>
      <li>Your address, telephone number, and e-mail address;</li>
      <li>A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;</li>
      <li>A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.</li>
    </ul>

    <p>
      The Company’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:
    </p>
    <p>
      Encrypted Development LLC<br>
      24 Roy St. #465, Seattle, WA 98109, USA.<br>
      Attn: Copyright Agent<br>
      <br>
      Email: <a href="mailto:dmca@userbase.com">dmca@userbase.com</a>
    </p>

    <h3>
      <li><span class="ml-4">Your Use of the Service & Restrictions</span></li>
    </h3>

    <ol class="list-latin list-outside">
      <li>You must comply with the current technical documentation applicable to the Services.</li>
      <li>You must not modify, adapt, or hack the Service.</li>
      <li>You must not modify another website so as to falsely imply that it is associated with the Service or the Company.</li>
      <li>You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.</li>
      <li>You will not make use of data mining, robots, or similar data gathering and extraction tools to access or use the Service.</li>
      <li>You may not use the Service in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Service or any features of the Service (including any technological measures we employ). If we, in our sole discretion, determine that you have acted inappropriately, we reserve the right to take down or disable access to your User Data, terminate your account, prohibit you from using the Service, and take appropriate legal action.</li>
      <li>You will reasonably cooperate with us to identify the source of any problem with the Service that we reasonably believe may be attributable to you or your User Data or any User materials that you control.</li>
      <li>Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee, officer, or agent will result in immediate account termination.</li>
      <li>We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. We will notify the Customer before taking such action, except in cases where the level of use may negatively impact the performance of the Service for other customers.</li>
    </ol>

    <h3>
      <li><span class="ml-4">Service Disclaimers</span></li>
    </h3>

    <p>Your use of the Service is at your sole risk. The Service is provided on an "AS-IS" and "AS-AVAILABLE" basis.</p>
    <p>You understand and agree that the Company uses third party vendors and hosting partners ("Third Party Vendors") to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. We make no representations, warranties, or promises related to the technology of such Third Party Vendors.</p>
    <p>THE COMPANY, NOR ITS AGENTS, MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICE, THE SPECIFIC FUNCTION OF THE SERVICE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE DON’T MAKE ANY COMMITMENTS THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.</p>
    <p>SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.</p>

    <h3>
      <li><span class="ml-4">Liability for our Service</span></li>
    </h3>

    <p>
      EXCEPT WHERE PROHIBITED, THE COMPANY AND ITS AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OR YOUR USERS OF THE SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES, AS WELL AS THE INABILITY TO USE THE SERVICE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, THE COST OF PROCUREMENT OF SUBSITUTE SERVICES, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, INCLUDING UNATHORIZED ACCESS TO OR ALTERATION OF YOUR CUSTOMER DATA, EVEN IF THE COMPANY OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
    </p>

    <h3>
      <li><span class="ml-4">General</span></li>
    </h3>

    <ol class="list-latin list-outside">
      <li>The failure of the Company to exercise or enforce any right or provisions of these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).</li>
      <li>We may communicate with you by email or by posting notices on the Company website or via the Service. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us.</li>
      <li>We may modify these Terms of Service at any time so be sure to check back regularly. By continuing to use or login to your account after these Terms of Service have changed, you indicate your agreement to the revised Terms of Service. If you do not agree to the changes, you should stop using or logging into the Service.</li>
      <li>The Service may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites.</li>
      <li>These Terms of Service are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service and or your use of the Service resides in the courts located in Seattle, Washington, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms of Service is not enforceable, that will not affect any other provision.</li>
      <li>Questions may be sent to <a href="mailto:support@userbase.com">support@userbase.com</a>.</li>
    </ol>
  </ol>
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