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Terms of Service

Introduction

This is a legally binding contract between you and BitMethod. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback to support@change.io if you have suggestions or questions.

Definitions

We’re going to use some shorthand to make this easier to read. When we say “service,” we mean change.io, the services offered through that site and its corresponding iOS applications. When we say “we,” “us,” or “our,” we mean BitMethod, LLC, an Iowa limited liability corporation. When we say “your content,” we mean any data or material which you post, upload, or otherwise share on the site; similarly, when we say “BitMethod content,” we mean the copyrightable material owned by BitMethod, LLC. And when we say “terms,” we mean these terms of service.

Terms

Please read these terms before using the service. If you do not agree to these terms, you may not register for the service. If we make material changes to these terms, we’ll let you know either through the service or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to support@change.io. If we do not hear from you within ten days, the revised terms will apply to you.

Fees

You agree to pay the applicable monthly fees listed on the Site based on the plan you select. We also reserve the right to change our fees. If we change our fees, we will give you 30 days notice by emailing the email address we have on file for your account. If you continue to use the service after the 30 day notice period, we will consider this your consent to the fee change. Otherwise you must terminate or suspend your account during the 30 day notice period.

If you terminate or suspend your account before the end of a 30-day subscription we are not obligated to refund any portion of your fees.

Service Rules

Change is designed to help businesses more efficiently; as such, we have some ground rules which you must adhere to when using the service. You agree not to do any of the following:

Post any material that infringes or violates any third party’s copyright, trademark, trade secret, privacy, or other proprietary or property right; Post any material which promotes illegal activity, could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation; Use the service to send spam, chain letters, junk mail, or any other type of unsolicited mass email; Use the service to distribute viruses or other harmful, disruptive, or destructive files; Use or attempt to use another person’s account; Disrupt or interfere with the security of, or otherwise abuse, the service, or any servers or networks connected to the service; Attempt to obtain unauthorized access to the service; Impersonate another person; Share with any minor any content or materials inappropriate for children, or allow any minor access to such materials; Systematically harvest data from the service, or programmatically register accounts on the service. You further agree that you are responsible for your actions in relation to the service, and for any communications transmitted under your account; that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy, data collection, and email creation and delivery.

If it appears you have violated any of these rules, we may, in our sole discretion, remove any offending material or immediately limit or terminate your account.

Third Party Services

You may be offered services provided by third parties. If you decide to use these services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services.

Account Termination

You can cancel your account at any time by sending an email to support@change.io. If you like, you may export your documents prior to canceling your account. Upon canceling your account, your files will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period.

Communication / Privacy Policy

When you register with the service, you will be asked to provide certain personal information, including your name and email address. We will store your personal information, but will not share it with any third parties, except as necessary to provide the services offered. For example, we may store your personal information along with your files and data on a third party server such as Amazon Web Services. We also use your personal information to provide the services you request, send you notifications, and respond to customer support requests. You can access and change your personal information or cancel your account by logging in to your account settings page.

We may be required to disclose your personal information in order to:

comply with the law or legal process; protect or defend our rights or property, or the rights or property of others; enforce these terms; or respond to claims that the content of any material on our system violates the rights of others. If we must disclose your personal information in order to comply with the law or legal process, we will inform you (at the email address you provide) as soon as practicable, provided that it is lawful for us to do so.

We will also aggregate user data and perform statistical analyses of the collective behavior of our members and visitors, to measure overall demographics, and to analyze how to improve our service. We may share this information with third parties (such as Google Analytics), but such aggregate information does not contain personal information other than IP addresses. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose what the average transaction amount across the service for Valentine's Day was or what percentage sales were up across the entire service.

We may use session and login tracking technologies, which help us keep track of when a person is logged in, and which services people use. We may also capture login timestamps, and usage statistics, as well as IP addresses.

We will communicate with you via email, to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to via the unsubscribe link in the email. If you would like to cease all communications from us, please send an email to support@change.io and we will cancel your account.

Intellectual Property & Copyright

We own our stuff; you own yours.

You retain ownership of all data you post, upload to, or otherwise share on the service. However, by posting, uploading, or sharing your data, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the service and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or any other third party, nor does it transfer the copyright to us. This license ends when you delete the data or your account.

All BitMethod content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the service are copyrighted by us, and are protected by US and international laws. Use of our content without our express prior written permission is strictly prohibited.

Change.io, Change, and the Change logo are trademarks of BitMethod, LLC, in the United States and other foreign countries. Our trademarks may not be used in connection with any product or service without our express written permission.

Disclaimers

We will strive to prevent interruptions to the service and be good stewards of your data. However, the service and our services are provided on an “as is” and “as available” basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the service or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the service at your own discretion and risk.

Limitations of Liabilities

Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the service; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnity

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the service, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

Right to Terminate

We may at any time decide to alter, amend, modify, or terminate the service, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the service or any portion or functionality of it will continue to operate or be available for any particular period of time.

General

These terms shall be governed by and construed in accordance with the laws of the state of Iowa, without giving effect to its conflict of law provisions. You agree that you will bring any claim or cause of action arising out of your use of the service in the courts located within Polk County, Iowa, and you also agree to submit to the personal and exclusive jurisdiction of those courts. You agree that any claim or cause of action arising out of your use of the service or these terms must be filed within one year after such claim or cause of action arose or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary. If any provision contained in these terms is determined unenforceable, then such provision will be severed and replaced with a new provision that most closely reflects the intent of the original provision, and the remaining provisions of these terms will remain in full force and effect. No waiver of any provision of these terms shall be effective except pursuant to a written instrument signed by us expressly waiving compliance, and any such waiver shall be effective only in the specific instance and for the specific purpose stated in such writing. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms and/or your use of the service. You may not assign any right, interest, or benefit provided under these terms or through the service without our express prior written consent. These terms set forth the entire agreement between you and us, and supersede any and all prior communications, agreements and proposals, whether electronic, oral or written, between you and us with respect to the service and our services. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and/or your use of the service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Last Updated: March 4, 2013


Note: these terms are available for your own use under a Creative Commons Attribution-ShareAlike license, so you can use and adapt them as you see fit. You can thank Editorially for this.

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