Remarkably Terms of Use
Updated: September 16, 2022
Welcome and thank you for your interest in Remarkably (“Remarkably,” “us,” “our,” or “we”). Please read these Terms of Use (these “Terms”) carefully as they govern your use of our website, application, or other services provided by us, including accessing any content provided by us through the Service (collectively, the “Service”). By clicking a registration or new account submission button, or by otherwise using the Services, you agree to be bound by the following terms of use, as updated from time to time (the “Terms of Use”).
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Subscriptions
This is a subscription to a Service (a “Subscription”). Subject to the limited right expressed under these Terms of Use, we reserve all rights, title, and interest in and to the Service, including all related Intellectual Property Rights. You will explicitly not, directly or indirectly: reverse engineer, decompile, disassemble, copy, or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the software solutions provided including modifying, translating, or creating derivative works based on the Service (except to the extent expressly permitted by us or authorized within the Service).
Subscription period
Service shall commence on the agreed start date and shall automatically renew for consecutive periods of one year under the same conditions unless terminated by either of us upon at least 30-days’ written notice.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (monthly).
Subscription cancellations
You may cancel Your Subscription by contacting the Company. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the Service until the end of your current Subscription period.
The Service may be terminated immediately by either party upon written notice to the other party of any material breach of a term or condition of these Terms and such breach is not addressed (i.e. putting a plan in place) within fifteen days following written notice from the party specifying the breach. You acknowledge that you shall be responsible for Service fees through the actual termination date. Notwithstanding anything else herein, as of the notice date of termination for any reason, we shall have no obligation to provide any further Service hereunder.
Immediately upon termination, you shall pay us immediately upon receipt of invoice for Service and expenses incurred up until the effective date of termination.
You can contact us:
- By email: support@remarkably.io
Billing
You shall provide us with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Unless automatic billing is in place, we will issue an electronic invoice. Invoices shall be due within thirty (30) days unless otherwise agreed to in writing. Late payment shall be assessed interest at the rate of one percent and one-half percent (1.5%) per month on the balance due. Failure to pay amounts due may result in termination or suspension of Service at our discretion. All expenses associated with collections (including reasonable attorney’s fees) shall be your responsibility.
Fee Changes
We, in our sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
We will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Refunds
Except when required by law, paid Subscription fees are non-refundable.
Certain refund requests for Subscriptions may be considered by us on a case-by-case basis and granted at the sole discretion of the Company.
User Accounts
When You create an account with us, You must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization.
Content
Your Right to Submit Content
Our Service allows you to submit content (the “Content”). You are responsible for the Content that you post to the Service, including data accuracy and reliability.
You shall own all right, title and interest in and to all data provided to us. Notwithstanding anything to the contrary, we shall have the limited right to collect and analyze data and other information to use and perform various aspects of the Service and related systems and technologies (including, without limitation, information concerning your data and data derived therefrom), and we will be free (during and after the term) to (i) use such non-identifiable information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No other rights or licenses are granted except as expressly set forth herein.
You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
Remarkably is not responsible for the content of the Service’s users. You expressly understand and agree that you are solely responsible for the Content and for all activity that occurs under your account, whether done so by you or any third person using your account.
You may not transmit any Content that is unlawful. Examples of such Content include, but are not limited to, the following:
- Violating the privacy of any third person.
- False information.
Remarkably reserves the right, but does not have the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. We further reserve the right to make formatting and edits and change the manner of any Content. We can also limit or revoke the use of the Service if you post such objectionable Content. As we cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service you may be exposed to content that you may find incorrect, and you agree that under no circumstances will Remarkably be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any Content.
Content Backups
Although regular backups of Content are performed, Remarkably does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
Remarkably will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Remarkably has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
Intellectual Property Infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at hello@remarkably.io and include in your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
Intellectual Property
The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of Remarkably and its licensors.
The Service is protected by copyright, trademark, and other laws.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Remarkably.
Remarkably may provide such additional platform customization services to you as may be specified in a statement of work or other document (an “SOW”) for the fees specified in the SOW, and the schedule for invoicing (if other than monthly) shall be as set forth in the applicable SOW. All intellectual property rights to the work performed under an SOW will remain the exclusive property of Remarkably.
Remarkably may engage in “feature exchange” work in response to sizable portfolio commitments. In the event of a feature exchange you will have the opportunity to select prioritized features for the upcoming quarter or quarters. All intellectual property rights to the work performed under a Feature Exchange will remain the exclusive property of Remarkably.
Your Feedback to Us
You assign all rights, title and interest in any feedback You provide to us. If for any reason such assignment is ineffective, you agree to grant Remarkably a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
Remarkably has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Remarkably shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Limitation of Liability
Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover from Remarkably direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred. You cannot recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything, or any claims related to these Terms, the Services, or the software related to the Services.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY REMARKABLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. REMARKABLY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REMARKABLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REMARKABLY DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES OR E-MAIL SENT FROM REMARKABLY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Any dispute relating in any way to your visit to the Service in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in King County, Washington, and you consent to exclusive jurisdiction and venue in such courts.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify You of any changes and post the new Terms on this page.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: support@remarkably.io