Terms of Service
These Terms of Service (this “Agreement”) constitutes a legally binding contract between Gladly Software, Inc., a Delaware corporation with an address of 423 Broadway, 503, Millbrae, CA 94030, (“Gladly,” “Company,” “we,” “us,” “our”) and you with respect to your use of our services, APIs, websites, or mobile applications (collectively, the “Service”). More information about the Service may be found at gladly.com.
It is important that you carefully read and understand the terms and conditions of this Agreement. BY ACCESSING OR USING THE COMPANY WEBSITE, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE COMPANY WEBSITE.
In order to access other portions of the Service, you must first register or link an account (“Account”) . BY USING THE SERVICE, OR BY INDICATING YOUR ASSENT TO THIS AGREEMENT BY REGISTERING YOUR ACCOUNT, CLICKING “I ACCEPT” OR ANY SIMILAR MECHANISM, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE OR REGISTER AN ACCOUNT OR WITH GLADLY.
If you register an Account on behalf of a company, principal, or other entity, you represent that you have authority to bind such entity and its affiliates to this Agreement and that it is fully binding on them. In such case, the term “you” will refer to such entity and its affiliates. If you do not have authority, you may not access or use the Service. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
Notice Regarding Dispute Resolution: This Agreement contains provisions that govern how claims you and Gladly have against each other are resolved (see Section 9 (Limitation of Liability), Section 13 (Dispute Resolution), and Section 14 (Choice of Law and Forum) below). It also contains an agreement to arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the agreement to arbitrate in accordance with Section 13(D). Unless you opt-out: (A) you will only be permitted to pursue claims against Gladly on an individual basis, not as part of any class or representative action or proceeding and (B) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
- Changes to this Agreement We reserve the right to, at any time, with or without cause:
- change the terms and conditions of this Agreement;
- change the Service, including eliminating or discontinuing any service or other feature of the Service; or
- deny or terminate your use of and/or access to the Service.
- Use of the Service Before using the Service, you may need to register with Gladly and create an Account. We reserve the right to decline to provide the Service to any person for any or no reason. If and when you register with or provide information to Gladly, you agree to: (a) provide accurate, current, and complete information as prompted (including your e-mail address) and (b) maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Service. By providing Gladly with your email address or other contact information, you consent to our use of this information to send you Service-related notices and other administrative notices, including any notices required by law. You are solely responsible for the activity that occurs on your Account. You must keep your Account credentials (including username and password) secure at all times. You may not share your Account with any third parties without Gladly’s prior written consent unless such third party has separately entered an agreement with Gladly permitting it to access your Account. You must notify Gladly immediately of any breach or suspected breach of security or unauthorized use of your Account. Gladly will not be liable for any losses caused by any unauthorized use of your Account. You represent and warrant that you have the full right, power, and authority to enter into and perform this Agreement without the consent or approval of any third party.
- Rules Governing Your Use of the Service You may not use the Service, or assist or encourage any other party, to engage in any of the following prohibited activities:
- Copying, framing, or mirroring any part of the Service;
- Accessing the Service for purposes of monitoring its availability, performance, or functionality;
- Permitting any third party to access the Service;
- Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling, or otherwise attempting to extract the source code of the software underlying the Service or any part thereof, unless expressly permitted or required by law, and in any case, without providing prior written notice to Gladly;
- Publishing, transmitting, distributing, or storing content, material, information, or data that: (a) is illegal, obscene, defamatory, libelous, threatening, harassing, abusive, or hateful or that advocates violence or threatens the health of others; (b) is harmful to or interferes with the Service or any third party’s networks, equipment, applications, services, or websites (e.g., viruses, worms, Trojan horses, etc.); (c) infringes, dilutes, misappropriates, or otherwise violates any privacy, intellectual property, publicity, or other personal rights including, without limitation, copyrights, patents, trademarks, trade secrets, or other proprietary information (including unauthorized use of domain names); or (d) is fraudulent or contains false, deceptive, or misleading statements, claims, or representations (such as “phishing”);
- Attempting to disrupt, degrade, impair, or violate the integrity or security of the Service or the computers, services, accounts, or networks of any other party (including, without limitation, “hacking,” “denial of service” attacks, etc.), including any activity that typically precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Gladly internet protocol space;
- Avoiding payment of incurring charges or fees payable by you with respect to the Service;
- Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- Using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to Gladly than a human can reasonably produce in the same period of time by using a conventional web browser;
- Taking any action that imposes, or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Collecting or harvesting any personally identifiable information, including account names, from the Service;
- Using the Service for any commercial solicitation purposes;
- Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- Accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- Submitting to the Service or to Gladly any personally identifiable information, except as necessary for the establishment and operation of your Account;
- Submitting to the Service or to Gladly any information that may be protected under HIPAA (“HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented) or any other information that may be protected from disclosure by applicable law;
- Bypassing the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein;
- Violating any applicable law, statute, ordinance, or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
- Transmitting any trade secret or other material, non-public information about any person, company, or entity without the authorization to do so;
- Removing any copyright, trademark, or other proprietary rights notices contained in or on the Service;
- Sublicensing selling, renting, leasing, transferring, assigning, or conveying any rights under this Agreement to any third party, except as expressly permitted herein;
- Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to intercept, decode, mine, or display any packets used to communicate between the Service’s servers or any data not intended for you; and/or
- Harvesting or collecting information about any Service visitors or members without their express consent.
- Third-Party Links
- No Use by Children Under 13
- Term & Termination
- Limitation of Liability
- Jurisdictional Issues
- Notice for California Users
- Dispute Resolution
- The parties further agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class-action waiver set forth in this section is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address: [email protected]. The notice must be sent within 30 days of registering to use the Service; otherwise, you shall be bound to arbitrate disputes in accordance with this Agreement. If you opt out of these arbitration provisions, Gladly also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Gladly may terminate your use of the Service.
- You agree that any claim you may have arising out of or related to your relationship with Gladly and this Agreement must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
- Choice of Law and Forum
- U.S. Government Restricted Rights