1. Trial users
Any data provided to us during your trial period will be permanently deleted when the trial ends unless you purchase a subscription before the end of the trial period. The rest of our Terms apply fully to all trial users.
2. Subscription services
Found.ly is a subscription service. You can sign up for a subscription at any time, prorated for the portion of that subscription term remaining at the time your subscription is added. We accept payments by credit or debit card. We do not offer refunds under any circumstances. We will also not be held liable for any third party fees incurred such as your bank charges or any other costs incurred by you to facilitate payment of our services.
Our site is provided subject to acceptable usage limits. Each account is limited to one administrative user at any one time, although unlimited sub user accounts may be created. Account passwords must not be shared. If we believe that you (or your sub users) are using our site excessively, we may work with you to seek to reduce your (or your sub users’) usage so that it becomes acceptable. If, despite our efforts, you (or your sub users) are unable or unwilling to abide by a our usage limit, we may bill you for additional services and you agree to pay any such a bill for excess usage or your account (or the offending sub users’ account(s)) will be terminated. You are responsible for (a) for compliance with our Terms, (b) the accuracy, quality and legality of your data and the means by which you acquired your data, (c) using your best efforts to prevent unauthorised access to or use of the site, and notifying us promptly of any such unauthorised access or use, (d) using the site only in accordance with applicable laws and government regulations, and (e) complying with the terms of service of any third party sites or apps which you might use through our site.
You must not (a) make your account available to any other person, (b) sell, resell, license, sublicense, distribute, rent or lease any of our services, or include any of our services in an outsourcing offering, (c) use our services to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use our services to store or transmit any malicious code, (e) interfere with or disrupt the integrity or performance of any service or third-party data contained therein, (f) attempt to gain unauthorized access to any of our services or their related systems or networks, (g) permit direct or indirect access to or use of any of our services in a way that circumvents our acceptable use limits, (h) copy our services or any part, feature, function or user interface thereof, (i) frame or mirror any part of any of our services, (j) access our services in order to build a competitive product or service, or (k) reverse engineer any of our services or site.
If any amount owing by you for our services is 20 or more days overdue, we may, without limiting our other rights and remedies, suspend our services to you until such amounts are paid in full.
You agree that your use of our site is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.
3. Third party providers
We may make available third-party products or services through our site. Any use by you of such services, and any exchange of data between you and any third party, is solely between you and that third party. We do not warrant or support any third party applications, products or services, whether or not they are designated by us as “certified” or otherwise. Our services may contain features designed to interoperate with certain third party applications (such as Google oAuth, salesforce.com, and other CRM systems). To use these features, you may be required to obtain access to from their providers, and may be required to grant us access to your account with them. If the provider of a third party application ceases to make the their application available for interoperation with our service, we may cease providing those service features without entitling you to any refund, credit, or other compensation.
4. Intellectual property rights
Subject to the limited rights expressly granted in our Terms, we and our licensors reserve all of our/their right, title and interest in and to our services, including all of our/their related intellectual property rights. You grant us and our affiliates a worldwide, unlimited, royalty-free, non-exclusive licence to host, copy, transmit, store and display any data you upload to our site as necessary for us to provide our services. You also grant to us and our affiliates a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into our services any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our services.
5. Your warranties and indemnities to us
When uploading any data to our site, you warrant that you have the permissions and/or rights to do so and that it does not infringe any third party’s intellectual property or privacy rights, contain any hateful, defamatory, derogatory, discriminatory, sexually explicit material or other material which could cause harassment or hatred towards any individual or group, or depict any unlawful, overly violent or explicit behavior, cruelty towards animals, exploitation of children or minors or violates any law. If you discover that any content you have uploaded is infringing on the intellectual property rights of any third party, you should immediately delete it from our site. We may suspend or terminate accounts for posting infringing material. You agree to indemnify us against all claims, liabilities and expenses arising out of any claim that any of your data infringes the rights of any third party in any territory.
6. Our warranties to you
If you are a subscriber, we warrant that (a) these Terms accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your data, (b) we will not materially decrease the overall security of our services during your subscription term, (c) our services will perform materially as described on our website, (d) except in relation to third party services, we will not materially decrease the functionality of our services during your subscription term, and (e) our services will not introduce malicious code into your systems. For any breach of an above warranty, our total liability will not exceed the sums paid to us by you. EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, WE MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
We may terminate your subscription at any time if we believe you are in breach of our Terms. You can pay monthly or in advance for a discount. Your subscription will auto renew each month and upon termination we require 30 days notice.
9. User Submitted Data and Privacy
The Service allows you and any Authorized User to import, store and otherwise collect data from third party websites and other sources. This data is referred to herein as “Customer Data”..
You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
You are solely responsible for the Customer Data and the consequences of us or any third party importing, publishing, and otherwise using such Customer Data. In connection with any such Customer Data, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consent, and permissions related to the Customer Data and its use by you, us, and any other third party.
In connection with the Customer Data, you further agree that you will not import, store or otherwise use material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights and licenses granted herein. We do not endorse any Customer Data or any data, and it expressly disclaims any and all liability in connection with any Customer Data. We do not permit that the Service is used for copyright infringing activities or infringement of intellectual property rights, and we will remove all Customer Data if properly notified that such Customer Data infringes other intellectual property rights. We may remove any Customer Data without prior notice. We may also terminate your access to the Site and the Service, if you are a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any Customer Data removed from the Service more than twice. We also reserve the right to decide whether Customer Data is appropriate and complies with these Terms for violations bother than copyright infringement and violations of intellectual property law.
10. Third Party Providers
You acknowledge that the Service may enable or assist you to access the website content of, correspond with, and purchase products and services from, third parties via third-party websites and that you do so solely at your own risk, and this limitation is not a reason to request a refund, since all sales are non-refundable.