Terms of Use &
Privacy Policy
Terms of Use
Last updated July 19, 2023.
This Terms of Use Agreement (Terms / Agreement) is made and entered by and between and Gappify, Inc. (Gappify) and Customer (as defined within the Software Order Form) to utilize Gappify’s SaaS subscription services (Services) referenced within the Software Order Form. This document explains the terms that govern Customer’s use of Gappify Services. By using the Services the Customer agrees to be bound by these Terms.
USING GAPPIFY SERVICES
Both the Customer and any person using the Services on behalf of the Customer agree to use the Services in accordance with these Terms. Customer agrees that they will not use the Services contrary to these terms and applicable laws, including privacy laws. Customer will especially not:
- Try to undermine the security, integrity or availability of the Services,
- sell, resell or lease the Services,
- reverse engineer the Services, or
- attempt to create a similar service based on the Services.
Gappify may suspend providing the Services to the Customer or terminate Customer’s account upon 15 days’ written notice, if Gappify reasonably suspects that Customer violated these Terms. Gappify is dedicated to continually improving the Services. To that end, Gappify regularly updates the Services, sometimes adding, adjusting, or removing functionality. New limits may be added to the Services at any time, however Gappify will notify Customer of any new limit in advance. If such change reduces the functionalities provided under the applicable Ordering form, Customer may terminate this Agreement before such changes become effective without any penalty.
ACCOUNTS AND ADMINISTRATORS
Access to the Services requires a user account. An account may be assigned to a user by an account administrator. Account administrator will be able to access or disable user accounts. Customer is responsible for keeping user account information accurate, safeguarding the password, and will remain responsible for actions taken by Customer and their employees using assigned accounts. If Customer or an authorized user learns of, or suspects, any unauthorized use of their password or account, they should contact Gappify or their account administrator right away.
CONTENT
Customer may upload or submit content to the Services only if they have the right to do so. Customer will be responsible for any content they submit to the Services. Gappify may, but is not required to, monitor content that is submitted or uploaded to the Services, and Customer should not rely on Gappify to check such content’s legality, accuracy, or completeness. Gappify may remove or refuse to display any content that it reasonably believes violates these terms. Services may also include content that is not Gappify’s, or that was uploaded or submitted to the Services by other users. If Customer uses or relies on this content, they do so at their own risk.
PROTECTING CUSTOMER’S CONTENT
Gappify takes reasonable measures to safeguard the security, confidentiality and integrity of the Services and the content Customer uploads or submits to the Services, but Gappify cannot guarantee that security, confidentiality or integrity. Customer must keep copies of all content they upload or submit to the Services.
CONFIDENTIALITY
For the purpose of these Terms the term “Confidential information” includes all information which is not generally known, belonging to, or otherwise relating to either party, regardless of the manner in which it is stored or conveyed to the other party, and which the owner has taken reasonable measures under the circumstances to protect from unauthorized use or disclosure. As relates to the other party’s Confidential Information, both parties hereby agree (i) to keep Confidential Information in strict confidence, (ii) to undertake all reasonable measures to protect the confidence of Confidential Information, (iii) not to disclose, or otherwise make available, Confidential Information to any third party without obtaining prior written consent from the other party, (iv) to use Confidential Information only for the purpose specified during the disclosure, (v) upon termination of the Services to either return all Confidential Information and any and all copies, extracts or derivative works resulted from Confidential Information, or to destroy or erase all remaining copies of the Confidential Information regardless of the form or media on which the Confidential Information is stored.
UPDATES TO THE SERVICE
Gappify reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Services at any time, including adding or removing functionalities or features. Gappify will ensure that these changes do not adversely affect Customer’s current Service level and wherever possible to give Customer an advance notice on the changes. If Gappify ever plans on discontinuing or adversely changing the Services available to the Customer, Gappify will give Customer an appropriate advance notice to facilitate the transition period.
PROPERTY AND FEEDBACK
Using the Services does not give Customer ownership of, or any right to (other than the right to use described in these terms), any of Gappify’s or its licensors’ intellectual property. Any content supplied by Customer shall remain Customer’s intellectual property and using the Services or providing the content shall not give Gappify or any third party ownership of, or any right to, such content. Customer’s feedback helps Gappify to improve the Services and to develop new products and services. Gappify may freely use such feedback without any obligation.
TERMINATING SERVICES
This agreement is non-cancellable and non-refundable until the natural expiration of the Term outlined in the accompanying Software Order Form, except in the event of a material breach. Either party may terminate this Agreement in the event the other party commits a material breach of these Terms and such breach remains uncured for more than fifteen (15) days following the notice of the breach. If the Agreement is terminated for cause, Customer will be refunded a prorated amount of the Service fee for the remaining unused portion of the Service Term. Where reasonably possible, Gappify will give Customer an opportunity to retrieve or remove their content from the Services, or Gappify will provide such content to the Customer. Gappify will destroy any submitted content not otherwise retrieved by, removed by or provided to the Customer following such termination.
DISCLAIMER
SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, GAPPIFY DOESN’T MAKE ANY WARRANTY ABOUT THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
INDEMNIFICATION
Customer agrees to indemnify and hold Gappify (and its employees, officers, directors and affiliates) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of a third party claim made or brought against Gappify relating to: (i) Customer’s use of the Services in violation of these Terms or (ii) any content that Customer uploads or stores in the Services.
Gappify agrees to indemnify and hold Customer (and their employees, officers, directors and affiliates) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to: (i) any act or omission by Gappify in the provision of Services or (ii) Gappify’s violation of these Terms.
INFRINGEMENT CLAIMS
If Gappify believes the Services might infringe a third party’s intellectual property rights, then Gappify will, at its expense: (i) obtain the right for Customer to continue using the Services, (ii) provide replacement functionality that is non-infringing, or (iii) modify the Services so that they are no longer infringing. If Gappify believes that none of these options are commercially reasonable, then Gappify may terminate Customers access to the Services and provide a prorated refund for the period the Services are unusable.
LIABILITY FOR THE SERVICES
TO THE FULLEST EXTENT PERMITTED BY LAW, (I) NEITHER PARTY WILL BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, DATA, LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE, AND (II) EITHER PARTY’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THESE TERMS IS LIMITED TO THE AMOUNT YOU PAID TO GAPPIFY FOR THE USE OF SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
TECHNICAL SUPPORT
If Customer experiences a technical issue while using the Services that they are unable to resolve themself, they may email Gappify at support@gappify.com. Gappify will respond to support emails promptly.
MISCELLANEOUS
These terms govern the relationship between the parties only – they do not create any third party beneficiary rights. Any failure to exercise or enforce any right or the provision of this Agreement shall not constitute a waiver of such right or provision. Neither party will be liable for a failure to perform their obligations (excluding obligations to pay fees) as a result of a condition that is outside of their reasonable control (such as a natural disaster, war or Internet disturbance). These Terms make up the entire agreement between the parties relating to the Services. If a court decides that a portion of these terms is not enforceable, the rest of these Terms will not be affected. These Terms may be amended only with the written consent of both parties. These terms are governed by the laws of the State of Delaware, excluding its conflict of laws rules. In the event of a dispute, both parties agree to work together in good faith to try to resolve that dispute. All disputes relating to these Terms or the Services will be litigated exclusively in the federal or state courts of the County of New York, New York, and the parties consent to personal jurisdiction in those courts.
These terms were last updated on July 19, 2023.
Privacy Policy
Your privacy matters to us. This policy explains what information we collect from you, how we use it and when we may disclose it. Please read this policy carefully. If you have any questions, please contact us. This policy was last updated on May 28, 2021.
What This Policy Covers.
This policy applies to information that we collect from you when you use our services. It does not apply to the privacy practices of third parties, including third-party services that you may use as part of using our services. We are not responsible for the privacy policies of these third parties, and we encourage you to read and understand those privacy policies before using their services.
Information We Collect.
We collect information in two ways – when you provide us information, and automatically when you use our services. We require that you provide us certain information so that we can create your account, including your name and email address. You also have the option of providing your photo, phone number and physical address. Our servers may also automatically collect information about your use of our services, including information about the device that you are using to access our services (including your operating system and hardware type), information about your use of our services (including your web requests, Internet Protocol address, browser type, browser language, and the date and time of your request) and information from cookies (or similar technologies) that may uniquely identify your browser or your account (more information about cookies is provided below). We do not knowingly collect any information from persons under the age of 13.
How We Use Information.
We use the information we collect to provide, maintain, protect and improve our services, to develop new services, to respond to your requests for information, to contact you to inform you about our services (such as to let you know about changes), to enforce the terms that govern your use of our services and to protect ourselves and our customers. We use information we collect from cookies (or similar technologies) to manage and improve our services and your experience using our services. For example, we may use cookies to remember your preferences, to protect your data and to monitor the performance of our service.
When We May Share Information.
We do not share your personal information with any third party, unless (a) we have your prior written permission to do so, (b) we are required to do so by law, (c) we need to enforce our terms of service (including to detect, prevent or address potential violations, fraud, security or technical issues) or (d) we need to protect the rights, property, or personal safety of our employees, customers or the general public in each of (b) – (d) above, only after we give you written notice of any such disclosure. We may share aggregated, non-personally identifiable information publicly to report trends, information about the general use of our services or to improve our services.
How We Protect Information We Collect.
We make good faith efforts to protect our and our customers’ data from unauthorized access, alteration, disclosure or destruction. We encrypt transmissions of information using SSL. We review our information collection, storage and processing practices regularly. We also restrict access to personal information to our employees and contractors who need to know this information in order to help us provide our services. Any employee or contractor who has access to personal information is bound by confidentiality obligations, and may be disciplined or terminated if he or she violates these obligations. However, although we make good faith efforts to store information in a secure operating environment that is not available to the public, we cannot guarantee complete security.
Accessing and Updating Your Personal Information.
Whenever you use our services, you will have the ability to update your personal information through the services. If you do not use our services, but have provided us with your personal information for some other reason (such as to receive our newsletter), you may contact us to request that your information be updated or deleted. We will delete your information from our services when you stop accessing our services, or within a reasonable time after your request.
Information Processed on Behalf of our Customers.
We host and process certain types of personal information on behalf of our customers that is collected by our customers about individuals, including name, email address, phone number, address, preferences and transaction history. We use this information to provide our services to our customers. We have no direct relationship with the individuals whose personal data we process on behalf of our customers, but we work with our customers to help them provide notice to these individuals concerning the purpose for which personal information is collected, and to assist our customers in providing these individuals with access to their personal information in order to correct, amend, or delete their information. We retain personal information that we process on behalf of our customer for as long as needed to provide our services to that customer. We also retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If our customer requests that we delete this information, we will do so promptly.
Changes.
We may modify this policy occasionally, and we’ll highlight material changes in writing to you. Changes will be effective immediately, but they will not apply retroactively. We will not reduce your rights under this policy without your consent.
These terms were last updated on May 28, 2021.
Frequently Asked Questions
What does Gappify do with my information?
Information including name, email address, phone number, address, preferences and transaction history is used solely to provide services to our customers. We retain this information for as long as needed to provide our services to that customer. We also retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Where are Gappify applications hosted?
All of our applications are hosted by Amazon Web Services (AWS).
How does Gappify protect my information?
We make good faith efforts to protect our and our customers’ data from unauthorized access, alteration, disclosure or destruction. We encrypt transmissions of information using SSL and our information collection, storage and processing practices are reviewed regularly. For more information on AWS data encryption, visit: http://d0.awsstatic.com/ whitepapers/ Security/ AWS% 20Security% 20Whitepaper.pdf
How secure is Gappify’s platform and the information it contains?
Since we host our applications on AWS, our platform is more secure than email. We use 256-bit data encryption, similar to what banks use.
What types of audits or reviews are performed to ensure proper data security?
AWS obtains security certifications on a regular basis and maintains global compliance with Cloud Security Alliance (CSA), the International Organization for Standardization (ISO), PCI Security Standards Council and the AICPA (SOC1). Additionally, a SOC 2 Type 2 audit is in process over the security, availability, processing integrity, confidentiality and privacy of our services.