Loupe Cloud-Hosted Terms of Service

Last updated: February 23, 2017

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Loupe Cloud Service (the “Service”) operated by Gibraltar Software, Inc. (“us”, “we”, or “our”). These terms apply to all URL’s used to access the service including (app.onloupe.com, my.onloupe.com, us.onloupe.com, europe.onloupe.com, hub.gibraltarsoftware.com, loupe.gibraltarsoftware.com) and any other that is created by us to provide access to the Service.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

This agreement includes the Loupe Service Privacy Policy by reference.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Service Description

The Service provides for intake of data via our proprietary API and analysis and presentation of this data. Each Service has limits to the number of user accounts, monthly maximum data, and retention period for this data. These limits are specified as part of creating your Subscription. In the event you exceed your allowed limits Gibraltar Software may a) restrict additional activity in excess of the limit including refusing to accept additional data, b) restrict access to the service to all users until the limit is met.

Your service is hosted in a country designated at the time it is created. All data will be stored within this country. The Service will not access this data outside of this country. We may, if necessary for operation of the Service, view this information from another country consistent with our Privacy Policy.

Auto-Renewing Subscriptions

Some parts of the Service are billed on an automatically renewing subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Gibraltar Software, Inc. cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Gibraltar Software, Inc. customer support team at [email protected].

You may change the tier and limits on your subscription (including number of user accounts, monthly maximum data, and retention period) at any time. Upgrades to higher levels of service take effect within 24 hours while downgrades are effective the next billing cycle.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Gibraltar Software, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Gibraltar Software, Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

You are responsible for maintaining accurate account information including a valid billing contact on our customer site at My.OnLoupe.com so that we may notify you of renewals and any changes to the terms of service or your subscription.

Should automatic billing fail to occur for any reason, Gibraltar Software, Inc. will email the billing contact indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period.
Failure to do so will cause your service to be considered Expired.

Fixed-Term Subscriptions

Gibraltar Software Inc. may, at its sole discretion, offer a subscription for a fixed term with a specified start date and termination date. If you elect a fixed term subscription Gibraltar Software, Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to do so will cause your service to be considered Expired. For the purposes of this agreement the Billing Cycle for fixed term subscriptions shall be the expiration date of the term.

You are responsible for maintaining accurate account information including a valid billing contact on our customer site at My.OnLoupe.com so that we may notify you of renewals and any changes to the terms of service or your subscription.

Prior to the end of your subscription term you will be notified by Gibraltar Software of your options to extend your subscription for a new fixed term or to switch to an auto-renewing subscription. If you have not confirmed with Gibraltar Software an acceptance of an offer to extend your subscription it will be considered terminated upon the end of the term.

Free Trial

Gibraltar Software, Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). During the free trial, we may apply limits to the number of users accounts, daily maximum data, and retention period for this data.

At any time and without notice, Gibraltar Software, Inc. reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

If the information provided to us to establish eligibility and sign up for a free trial is found to be inaccurate or invalid, such as using a temporary or anonymous email address or inaccurate company information, we will cancel the trial and delete all data associated with it.

Expired Services

A service that is not covered by a subscription or a Free Trial will be considered expired.

Gibraltar Software, Inc. may delete any Expired service at its discretion, removing all data associated with it permanently.

Fee Changes

Gibraltar Software, Inc., in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Gibraltar Software, Inc. will provide you with a 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

You can cancel your subscription at any time. If you’ve purchased months in advance we’ll refund your unused months. No credit is given for partial months. If your subscription applies a discount for paying in advance for a longer term any refund will reflect the cost for a subscription for the actual time used.

User Accounts

When you create a user account (“user”, “account”) with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. 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. You may not use as a username any name that is offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Gibraltar Software, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Gibraltar Software, Inc.

Our Service may contain links to third party web sites or services that are not owned or controlled by Gibraltar Software, Inc.

Gibraltar Software, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Gibraltar Software, Inc. 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 use of or reliance on any such content, goods or services available on or through any such third party 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.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Gibraltar Software, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Gibraltar Software, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Gibraltar Software, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Maryland, United States, without regard to its conflict of law provisions.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us by email at [email protected]

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