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Terms of Use &
Privacy Policy

Terms of Use

This Agreement is made and entered by and between and Gappify, Inc. and Client (as defined within the Software Order Form) to utilize Gappify’s SaaS subscription services referenced within the Software Order Form. This document explains the terms that govern your use of our Services. By using our Services you agree to be bound by these terms, so please read them carefully. These terms were last updated on January 23, 2023.

Using Our Services.

If you’re using our Services on behalf of a business, then you are agreeing to these Terms on behalf of that business (and when we refer to “you” in this document, we’re actually referring to you and that business). Please use our Services responsibly and according to these terms and any policy we make available to you through the Services. Don’t try to undermine the security, integrity or availability of our Services. Don’t sell, resell or lease our Services, reverse engineer our Services, or attempt to create a similar service based on our Services. You may only use our Services as permitted by these terms and by applicable laws, including applicable privacy laws, and you are responsible for obtaining and maintaining all consents required for you to use our Services. We may suspend providing our Services to you, or terminate your account upon 15 days’ written notice, if we reasonably suspect that you violated these terms. We are dedicated to continually improving our Services. To that end, we regularly change our Services, sometimes adding or removing functionality. We may add new limits to our Services at any time, but we will notify you of any new limit in advance. If such change reduces the functionalities provided under the applicable Ordering form, you may terminate this Agreement before such changes become effective.

Accounts and Administrators

You will need an account to use our Services. Your account may be assigned to you by an administrator. If your account is assigned to you, your administrator will be able to access or disable your account. You are responsible for keeping your account information accurate, safeguarding your password, and for actions taken by you and your employees using your account. If you learn of, or suspect, any unauthorized use of your password or account, please contact us or your administrator right away.

Content

You may upload or submit content to our Services only if you have the right to do so, and you are responsible for that content. We may not monitor content that is submitted or uploaded to our Services (so please don’t assume that we do). If we do, we may remove or refuse to display any content that we reasonably believe violates these terms. Our Services may also include content that is not ours, or that was uploaded or submitted to our Services by other users. If you use or rely on this content, you do so at your own risk.

Protecting Your Content

We take reasonable measures to safeguard the security, confidentiality and integrity of our Services and the content you upload or submit to our Services, but we cannot guarantee that security, confidentiality or integrity. You must keep copies of all content you upload or submit to our 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 Our Service

We reserve the right, in our sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to our Services at any time, including adding or removing functionalities or features. We will ensure that these changes do not adversely affect your current Service level and wherever possible to give you an advance notice on the changes. If we ever plan on discontinuing or adversely changing the Services available to you, we will give you an appropriate advance notice to facilitate the transition period.

Property and Your Feedback

Using our Services does not give you ownership of, or any right to (other than the right to use described in these terms), any of our or our licensors’ intellectual property. Any content supplied by you shall remain your intellectual property and using our services or providing the content shall not give us or any third party ownership of, or any right to, such content. Your feedback helps us to improve our Services and to develop new products and services. We are grateful for any feedback you choose to provide us, and we may freely use it 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 remain uncured for more than fifteen (15) days following the notice of the breach. If the Agreement is terminated for cause, you will be refunded a prorated amount of the Service fee for the remaining unused portion of the Service term. Where reasonably possible, we will give you an opportunity to retrieve or remove your content from our Services, or we will provide your content to you. We will destroy any of your content not otherwise retrieved by, removed by or provided to you following such termination.

Disclaimer

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, WE DON’T MAKE ANY WARRANTY ABOUT OUR SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Indemnification

You agree to indemnify and hold us (and our 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 us relating to: (i) your use of our Services in violation of these terms or (ii) any content that you upload or store in our Services.

We agree to indemnify and hold you (and your 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 us in the provision of Services or (ii) our violation of these terms.

Infringement Claims

If we believe our Services might infringe a third party’s intellectual property rights, then we will, at our expense: (i) obtain the right for you to continue using our Services, (ii) provide replacement functionality that is non-infringing, or (iii) modify our Services so that they are no longer infringing. If we believe that none of these options are commercially reasonable, then we may terminate your access to our Services.

Liability for Our 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 US TO USE OUR SERVICES DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Technical Support

If you experience a technical issue while using our Services that you are unable to resolve yourself, you may email us at support@gappify.com. We will respond to your email promptly.

Miscellaneous

These terms govern our relationship with you – they do not create any third party beneficiary rights. Our failure to enforce any right does not mean that we are giving up any of our rights. Neither of us will be liable for a failure to perform our obligations (excluding obligations to pay fees) as a result of a condition that is outside of our reasonable control (such as a natural disaster, war or Internet disturbance). These Terms make up the entire agreement between the parties relating to our Services and your use of our Services. If a court decides that a portion of these terms is not enforceable, the rest of these Terms will not be affected. We may make changes or replace our Terms at any time. We will post such changes, replacements and updates on our website and inform you via email where possible prior to changes being effective. Such change, replacement and update to our Terms will take effect immediately upon publishing on the website, and if the changes adversely affect you, they will take effect upon the renewal of the agreed term. These terms are governed by the laws of the State of Delaware, excluding its conflict of laws rules. If there is a dispute between us, both of us agree to work together in good faith to try to resolve that dispute. All disputes relating to these Terms or our Services be litigated exclusively in the federal or state courts of the County of Alameda, California, and we both consent to personal jurisdiction in those courts.

These terms were last updated on January 23, 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.