Last amends: 20th May, 2018
The following terms and conditions govern all use of the Growth Marketing Services LLC of 19 West 34th Street, Suite 1018, New York, 10001, United States
(“Found.ly”) website and all content, services and products available at, or through, the website, including, but not limited to, Found.ly user management service (“Found.ly”), (taken together, the Services). The Services offered is subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by Found.ly (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Services. If these terms and conditions are considered an offer by Found.ly, acceptance is expressly limited to these terms. The Services are available only to individuals who are at least 18 years old.
- Your trial
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 Agreement apply fully to all trial users.
2. Your Found.ly Account.
If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Found.ly of any unauthorized uses of your account or any other breaches of security. Found.ly will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You must be a human. Accounts registered by “bots” or other automated methods are not permitted. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You must not, in the use of the Services, violate any laws in your jurisdiction and in the United States (including but not limited to copyright or trademark laws). You must not create more than one account.
3. Payment and Renewal.
- General Terms.
Optional paid services, such as extra capacity, are available on the Services (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Found.ly the monthly or annual subscription fees indicated for that service (additional payment terms are described below). Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal.
Unless you notify Found.ly before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. Upgrades can be canceled at any time in the Settings section of your account’s dashboard.
- Fees and payment.
By signing up for a Found.ly account you agree to pay Found.ly the monthly fees indicated to you when you registered for the service in exchange for the Found.ly services. Applicable fees will be invoiced starting from the day your paid account is established and in advance of using such services. Found.ly reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Found.ly accounts can be canceled by you at any time with 30 days written notice to Found.ly. Written notices refer to, but are not limited to, emails.
Found.ly includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Found.ly to respond within three business days) concerning the use of Found.ly. All Found.ly support will be provided in accordance with Found.ly standard Found.ly practices, procedures, and policies.
As a user, you give Found.ly a perpetual worldwide license to use your company’s assets and logos, unless Found.ly agrees in writing otherwise. These assets and logos will be used purely for marketing and sales efforts, such as being displayed on the homepage.
6. Copyright Infringement.
As Found.ly asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Found.ly violates your copyright, you are encouraged to notify Found.ly. Found.ly will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Found.ly will terminate a visitor’s access to and use of the Services if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Found.ly or others. In the case of such termination, Found.ly will have no obligation to provide a refund of any amounts previously paid to Found.ly.
7. Intellectual Property.
This Agreement does not transfer from Found.ly to you any Found.ly or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Found.ly. Found.ly, the Found.ly logo, and all other trademarks, service marks, graphics and logos used in connection with Found.ly, or the Services are trademarks or registered trademarks of Found.ly or Found.ly licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Found.ly or third-party trademarks.
8. Use License.
Under this license you may not:
- Attempt to decompile or reverse engineer any software contained on Found.ly website or API.
- Access the Site or Services in order to build a similar or competitive service (However, custom licenses are available to resellers. Contact us to know more).
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Found.ly at any time.
Found.ly reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Found.ly may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Found.ly may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Found.ly account (if you have one), you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a paid Found.ly account, such account can only be terminated by Found.ly if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Hunter’s notice to you thereof; provided that, Found.ly can terminate the Services immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties.
The Services is provided “as is”. Found.ly and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Found.ly nor its suppliers and licensors makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
12. Limitation of Liability.
In no event will Found.ly, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Found.ly under this agreement during the twelve (12) month period prior to the cause of action. Found.ly shall have no liability for any failure or delay due to matters beyond or not within their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty.
You agree to indemnify and hold harmless Found.ly, its contractors, its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.