Beta Terms of Service

Last Updated: October 20, 2017

Terms of Use

Thanks for using the Umuse Beta! We designed it to make it simpler and easier for you to communicate with friends and colleagues at work. These terms of use ("Terms") govern your use of, and access to, our service, including the website located at www.umuse.io and all associated links to these sites by Umuse (collectively, the “Site”), any software components, desktop applications, and mobile applications which may be used in the delivery of the service (collectively, the “Applications”), and all data, text, graphics, images, sound or video clips, user interfaces, trademarks, logos, and computer code (collectively, the "Content”). The Site, the Applications, and the Content (collectively, the "Service") are the property of Umuse, Inc. (“Umuse”) and its licensors, and are protected by applicable intellectual property rights.

Umuse only provides this Service subject to these Terms.  By using this Service, on the web or thru any Applications that give access to the Service, you agree to be bound by these Terms, our acceptable use policy (see Acceptable Use and Restricted Actions below), and our Privacy Policy, which explains how we use your information. If you're using our Service for a company or organization, you're agreeing to these Terms on behalf of that company or organization.

Your Account

Your account ("Account") is automatically created when you sign in to our Service by using the login credentials of an existing email, chat or social account (i.e. email address and password). You are solely responsible for maintaining the privacy and security of your Account. Umuse will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password. The best way to keep your account secure is to make sure that no other person uses your Account or your login credentials.

Our Service is designed for the workplace and as such the Service is only available to individuals 18 years of age or older (or equivalent minimum age in the relevant jurisdiction). You represent that you are fully able and competent to enter into and comply with the terms and conditions of these Terms. This Service is not directed to children under 13, so if you are under 13 years of age, you are not permitted to access or use the Service. If we do become aware that you are using the Service even though you are under 13, we will deactivate your account.

Your Use of the Service

The Service is made available to you for your personal or internal business use only in compliance with all applicable laws, rules and regulations. You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner. You shall comply with any policies, codes of conduct, usage guidelines, storage limitations, or other notices Umuse provides you or publishes in connection with the Service. You shall promptly notify Umuse if you learn of a security breach related to the Service. Umuse may refuse service to anyone for any reason at any time.

Our Service manages and displays some content that is not Umuse’s. This content is the sole responsibility of the entity that makes it available. We may from time to time review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all content, so please don’t assume that we do.

Umuse reserves the right to use your name as a reference for marketing or promotional purposes and in communication with existing or potential Umuse customers. For example, we may list your company name on a web page that lists Umuse customers. If you do not wish to be listed you may send an email to feedback@umuse.io stating that you do not wish to be used as a reference.

The Service is protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Service, others' content in the Service, Umuse trademarks, logos and other brand features. We welcome feedback, but note that we may use your comments or suggestions without any obligation to you.

Acceptable Use and Restricted Actions

You agree not to misuse the Service or help anyone else misuse the Service or to use Service to engage in any unlawful or illegal activities. For example, and without limitation, you may not use or attempt to use the Service to take any action that could harm Umuse or any person or entity, interfere with the operation of the Service, or use the Service in a manner that violates any laws or any applicable terms or policies. You are responsible for all activities that occur under your password or Account.

Although we provide guidelines for acceptable use and user conduct, we do not control or direct the actions of users of the Service and are not responsible for the content or information that you transmit or share. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter. We are not responsible for the conduct, whether online or offline, of any user.

In addition, you also agree not to do, or try to do, any of the following:

  • probe, scan, or test the vulnerability of Service, or any systems, servers or network connected to the Service;
  • breach or otherwise circumvent any security or authentication measures or access, tamper with, or use non-public areas or parts of the Service, or shared areas of the Service you haven't been granted access to or invited to;
  • modify, adapt, or hack the Service, including by using any non-public APIs, or otherwise attempt to gain unauthorized access to the Service or its related servers, systems or networks;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service;
  • use the Service to upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
  • impersonate any person or entity, including, but not limited to, a Umuse employee or other user, or falsely state or otherwise misrepresent your affiliation with a person or entity in any way;
  • manipulate identifiers in order to disguise the yourself or the origin of any of your content;
  • access, scan, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
  • use the Service to upload, post, transmit, or otherwise make available unsolicited communications, promotions or advertisements, or spam or send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
  • upload, post, transmit or otherwise make available materials that are, without limitation, libelous, or invasive of another's privacy; unlawfully pornographic or indecent, or that contain extreme acts of violence;
  • upload, post, transmit, or otherwise make available any content that you do not have a right to make available, or that that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
  • violate the privacy or infringe on the rights of others.
  • circumvent any storage, usage or other limitations we may place on the Service;
  • sell, resell, rent, lease or sublicense the Service in any way unless specifically authorized to do so;
  • International Use

    You shall abide by all applicable laws and regulations regarding use of the Service. The Service is controlled and operated from within the United States. Umuse makes no representations that materials contained within the Service are appropriate or available for use in other locations, and access to the Service from locations where such activity is illegal is prohibited. Those who choose to use the Service from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.

    Software

    Some capabilities of our Service are delivered through Applications you download, which may update automatically. These contain proprietary and confidential information that is protected by applicable intellectual property and other laws. So long as you comply with these Terms, we grant you a limited, personal, non-sublicensable, nonexclusive, nontransferable, revocable license to use the Software, solely in connection with the Service. Any rights not expressly granted herein are reserved.

    The Applications may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms and the provisions of that license may expressly override some of these Terms. A list of these components can be found at Open Source Components and/or in the Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Applications or the Service, attempt to do so, or assist anyone in doing so.

    Content & Permissions

    Our Service allows you to upload, submit, send, receive, store, synchronize and process data from your existing email, chat and social account, including emails, messages, posts, contacts, avatars, profile pictures and information, comments, attachments (i.e. files, videos, images, etc.), titles, headers and correspondence history (collectively, "Your Content"). You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays with you, it is yours!

    These Terms don't give us any rights to Your Content except for the limited rights that enable us to offer the Service. However, in order to operate the Service and perform the actions stated above, we need to be able to store, backup and process Your Content. By creating an Account and using the Service, you are giving Umuse (and those we work with) a worldwide license to use, host, store, scan, copy, reproduce, process, communicate, perform, and display Your Content. Your acceptance of these Terms gives us the permission to do so and grants us any rights necessary to provide the Service to you, only for the purpose of providing the Service (and for no other purposes).

    Our automated systems analyze Your Content to provide you personally relevant product features, such as automatic addressing and tagging, customized search results, prioritized messaging, automated sharing of content, and general usage summaries. This analysis occurs as Your Content is sent, received, processed and stored. By using the Service, you give us permission to do those things, and this permission extends to affiliates and trusted third parties (such as Amazon Web Services) who do work on our behalf.

    Disclaimer of Warranties

    We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. However, the Service may become temporarily unavailable due to scheduled maintenance or unscheduled emergency maintenance, or because of other causes beyond our control. Whenever possible we shall use reasonable efforts to provide you of advance notice of any material scheduled service disruption.

    While Umuse takes steps to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that these transmissions will be encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. Umuse will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content. Further, you understand that Your Content may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service.

    THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND UMUSE, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS (COLLECTIVELY, “UMUSE’S REPRESENTATIVES"), EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT UMUSE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, AND NO INFORMATION, ADVICE OR SERVICE OBTAINED BY YOU FROM UMUSE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

    Limitations of Liability

    TO THE FULLEST EXTENT LEGALLY PERMITTED BY LAW, IN NO EVENT SHALL UMUSE, OR UMUSE’S REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY LOSS OF USE, DATA, GOODWILL, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, RESULTING FROM OR ARISING OUT OF THE SERVICE, CONTENT OR YOUR CONTENT. THIS WILL BE REGARDLESS OF WHETHER UMUSE (OR UMUSE’S REPRESENTATIVES) HAS BEEN HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    ADDITIONALLY, UMUSE AND UMUSE’S REPRESENTATIVES WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OF MORE THAN THE GREATER OF $10 OR THE AMOUNTS PAID BY YOU, IF ANY, TO UMUSE FOR THE PAST 12 MONTHS OF THE SERVICE IN QUESTION.

    Some jurisdictions 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 to you.

    Trademarks

    Umuse, the Umuse Logo, and other Umuse graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Umuse in the U.S. and/or other countries. Umuse’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Umuse’s prior written permission.

    Termination

    You're free to stop using the Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you're not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service or disrupt others' use of the Service. We reserve the right to terminate and delete your account if you haven't accessed the Service for 12 consecutive months. In such situations you will be notified in advance via the email address associated with your account.

    Governing Law

    These Terms and the relationship between the partiers will be governed by the laws of the State of Texas, without giving effect to the conflict-of-laws provisions of Texas or your state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect.

    Entire Agreement

    These Terms constitute the entire agreement between you and Umuse with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.

    Waiver, Severability & Assignment

    Umuse's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Umuse may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.

    Modifications

    From time to time we may need to make changes to these Terms. You can review the most current version of the Terms at any time by visiting this page. The revised Terms will become effective on the date set forth in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised Terms. If any change to these Terms is not acceptable to you, your only remedy is to cancel your account and stop using the Service. By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.

    Feedback

    If you have comments on the Service or ideas on how to improve it, please send email to feedback@umuse.io.   Please note that by doing so, you also grant Umuse and third parties permission to use and incorporate your ideas or comments into the Service (or third Applications or Content) without further compensation or approval.

    Umuse, Inc.
    3600 N. Capital of Texas Highway
    Building A, Suite 240
    Austin, TX 78746, USA

    The information contained in this web site is subject to change without notice.
    Copyright © 2016 - 2017 Umuse, Inc. All rights reserved.