15 March 2023 Update.
From everyone at Exirio, thank you for using our product.
When we say “Exirio”, “we”, “our”, or “us” in this document, we are referring to Exirio LLC, a company registered in the State of Delaware (USA).
When we say “Service”, or “Services”, we mean any product created and maintained by Exirio, whether delivered within a web browser, desktop application, mobile application, or another format.
We may update these Terms of Service in the future. Typically, these changes have been to clarify some of these terms by linking to an expanded related policy.
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.
Account terms
- You are responsible for maintaining the security of your account and password, or social login. Exirio or its officers, directors, employees, consultants, or contractors cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for the activity that occurs under your account. That includes information uploaded or connections created by you or others who either: (a) have access to your login credentials (which we strongly discourage); or (b) have been given third-party access by you to your account.
When you use the Services you warrant that you will comply with all applicable laws and also acknowledge that you may not:
- Make any unauthorized use of the Services, or create user accounts by automated means or under false pretenses.
- Upload an unreasonable number of transactions or documents for the purpose of disrupting the Services.
- Abuse any offer, promotion, or discount made available from time to time to users including, but not limited to, creating and inviting fictitious user accounts.
- Circumvent, disable, or otherwise interfere with security-related features of the Services.
- Engage in unauthorized framing of or linking to the Services.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords and personal information.
- Make improper use of our Services, including our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the Services, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
- Attempt to impersonate another user or person or use the login credentials of another user.
- Use the Services as part of any effort to compete with us or otherwise use the Services for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services, except as expressly permitted by applicable law.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Copy or adapt the Services’ software and computer code base.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics formats, 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Reconstruct or attempt to discover any source code or algorithms of the Services, or any portion thereof, by any means whatsoever.
- Intercept any data not intended for you.
Safe Harbor exception clause
Because we run a Bug Bounty Program, we don’t want researchers to be in fear of consequences because of their good faith attempts to comply with our Bug Bounty Program terms. To encourage research and coordinated disclosure of security vulnerabilities, we will not pursue civil or criminal action, or send notice to law enforcement for accidental or good faith violations of these Terms of Service. We consider security research and vulnerability disclosure activities conducted consistent with our Bug Bounty Program terms to be “authorized” conduct under the Computer Fraud and Abuse Act, the DMCA, and other applicable computer use laws such as Cal. Penal Code 502(c). We waive any potential DMCA claim against you for circumventing the technological measures we have used to protect the applications in our Bug Bounty Program’s scope.
Please understand that if your security research involves the networks, systems, information, applications, products, or services of a third party (which is not us), we cannot bind that third party, and they may pursue legal action or law enforcement notice. We cannot and do not authorize security research in the name of other entities, and cannot in any way offer to defend, indemnify, or otherwise protect you from any third party action based on your actions.
You are expected, as always, to comply with all laws applicable to you, and not to disrupt or compromise any data beyond what this Bug Bounty Program permits.
Please contact us before engaging in conduct that may be inconsistent with or unaddressed by this policy. We reserve the sole right to make the determination of whether a violation of this policy is accidental or in good faith, and proactive contact to us before engaging in any action is a significant factor in that decision. If in doubt, ask us first!
Payment, refunds, and plan changes
- If you are using a free version of the Services, it is really free: we do not ask you for your credit card and — just like for users who pay for our Services — we do not sell your data.
- For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we downgrade your account to a free account.
- If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade.
- All fees are inclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities.
We process refunds on a case-by-case basis. If you’re ever unhappy with our Services for any reason, just contact our support team and we’ll take care of you.
Cancellation and deletion
- You are solely responsible for properly canceling and deleting your account. An email request to cancel your account is not considered cancellation. If you need help canceling your account, you can always contact our Support team.
- All of your information and data will be inaccessible from the Services immediately upon cancellation. We might have the information in a temporary backup for a few weeks but we cannot recover this information once it has been permanently deleted.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of an Exirio employee, officer, or agent may result in immediate account termination.
Modifications to the service and prices
- Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
- Most of our Services are free, but some are not, and sometimes we may change the pricing structure. When we do that, we may choose to change the prices for existing users. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
Uptime, security, and privacy
- Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. Please refer to our Security Overview for full details.
- When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Exirio may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
- To help you with support requests you make: we’ll ask for express consent before accessing your account.
- To safeguard Exirio: we’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole.
- We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
- We process any data you share with us only for the purpose you signed up for and as described in these Terms of Service. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission.
- These Service Terms incorporate the Exirio Data Processing Addendum (“DPA”), when the General Data Protection regulation (“GDPR”) applies to your use of Exirio Services to process Customer Data as defined in the DPA.
Copyright and content ownership
- We claim no intellectual property rights over the information and data you provide to the Services. All information and data uploaded remain yours.
- The names, look, and feel of the Services are copyright© to Exirio. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from Exirio. You must request permission to use Exirio’s logo or any Service logos for promotional purposes. Please email us to request to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by Exirio.
- You must not modify another website so as to falsely imply that it is associated with the Services or Exirio.
Features and bugs
We design our Services with care, based on our own experience and the experiences of users who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations. We also test all of our features extensively before making them available. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
Liability
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that Exirio or its officers, directors, employees, consultants or contractors shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Exirio or or its officers, directors, employees, consultants, or contractors have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
If you have a question about any of the Terms of Service, please contact our support team.
