LORISQ – TERMS OF SERVICE
Updated as of 03 February 2020
By using the LorisQ.com web site (“Service”), or any services of LorisQ Inc. (“LorisQ,” “we,” “us” or “our”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
IF YOU ARE USING THE SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THE TERMS OF SERVICE, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, YOU MUST NOT ACCEPT THE TERMS OF SERVICE AND MAY NOT USE THE SERVICE.
We reserve the right to update and change the Terms of Service from time to time in our discretion without notice. If LorisQ makes material changes to the Terms of Service, we will notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.lorisq.com/terms/.
- You must be 13 years or older to use the Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- To sign up for an account and access the Service, you must provide the full legal name of your company or other legal entity, the full legal name of each team member who will have access to such account, a valid email address for each such team member, and any other information requested by LorisQ in its discretion.
- Each login may only be used by one person – a single login shared by multiple people is not permitted. An account team manager may create and assign separate logins to as many team members as LorisQ may permit in its discretion and shall designate each such team member as a manager, a supervisor or a technician.
- You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You and your organization are responsible for all Content posted and activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
- You may not use the Service if you are a direct competitor of LorisQ, except with LorisQ’s prior written consent. You may not use or access the Service to compile data in a manner that is used or usable by a product or service competitive to those offered by LorisQ.
Customers may access their LorisQ account data via an API (Application Program Interface). If you access or otherwise use your LorisQ account data via an API, including use of the API through a third-party product that accesses LorisQ, you shall be bound by the Terms of Service plus the following specific terms:
- You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to LorisQ via the API may result in the temporary or permanent suspension of your account’s access to the API. LorisQ, in its sole discretion, will determine abuse or excessive usage of the API. LorisQ will make a reasonable attempt via email to warn the account owner prior to suspension.
- LorisQ reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
- Except during a free trial period, a valid credit card is required for all accounts.
- The monthly subscription price for the Service shall be determined by LorisQ on the first day of each monthly billing cycle based on the number of instruments your team account has in its database on such date.
- Your credit card shall be charged automatically on a monthly basis at the rate determined by LorisQ. By maintaining a credit card on file in connection with your account, or by otherwise using or accessing the Service, you hereby expressly grant LorisQ permission to initiate each such monthly payment on your behalf. You expressly authorize LorisQ to send instructions to the financial institution that issued your credit card to take payments from your card account in accordance with the Terms of Service.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, months during which you or your team make no or limited use of your account, or for cancellations made in the middle of a billing cycle.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/us/connect-account/legal), which includes the Stripe Terms of Service (https://stripe.com/us/legal) (collectively, the “Stripe Services Agreement”). By agreeing to the Terms of Service or continuing to operate as a user of the Service, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time. As a condition of LorisQ enabling payment processing services through Stripe, you agree to provide LorisQ accurate and complete information about you and your business, and you authorize LorisQ to share it and transaction information related to your use of the payment processing services provided by Stripe. We may replace our payment processing service provider at any time without notice.
Cancellation and Termination
- Your failure to remit timely payment shall result in the cancellation of your account and may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss.
- LorisQ, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other LorisQ service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. LorisQ reserves the right to refuse service to anyone for any reason at any time, including, without limitation, as a result of a violation of the Terms of Service.
- Following cancellation or termination of your account, we will have no obligation to maintain or provide any Content and may thereafter, unless legally prohibited, delete all Content in our systems or otherwise in our possession or under our control. You are solely responsible for exporting your Content from the Service prior to cancellation or termination of your account for any reason.
Modifications to the Service and Prices
- LorisQ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- All prices relating to the Service, including but not limited to monthly subscription fees, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to LorisQ.com or the Service itself.
- LorisQ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with the copyright laws of the United States and other jurisdictions.
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not LorisQ, are entirely responsible for all Content that you or any of the users under your account upload, post, email, transmit or otherwise make available via the Service. LorisQ does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content or any reports, analyses or other derivative works that LorisQ may create based on such Content. You understand that by using the Service, you may be exposed to Content that you feel is offensive, indecent or objectionable. Under no circumstances will LorisQ be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, you acknowledge that any Content you upload will be accessible by all team members in your team account. Additionally, you acknowledge that by choosing to share your Content with teams who provide services to you and/or teams to whom you provide services to, you authorize them to access such Content through the Service. By submitting, posting or displaying the Content on or through the Service you hereby grant LorisQ the perpetual, worldwide, royalty-free, and non-exclusive right and license to reproduce, use, adapt, analyze, create derivate works from, modify, translate, publish, perform, display and distribute such Content consistent with your privacy settings and in keeping with our security procedures. This may include, but is not limited to, sharing or disclosing non-personal, aggregated information with third parties for promotional purposes or for improving and maintaining the Service or other products and services of LorisQ.
- By making Content available via the Service, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
- LorisQ does not pre-screen Content, but LorisQ and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- If you believe that material located on or linked to by the Service violates your copyright, you are encouraged to notify LorisQ in accordance with the following procedure. We will process notices of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to our Designated Agent who is:
Name: Antonia Lupis
Company: LorisQ Inc.
Address: 600 3rd Av. • New York • NY 10016 • USA
To be effective, the notification must be in writing and contain the following information: (i) the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the content that is claimed to be infringing, and information reasonably sufficient to permit LorisQ to locate such content; (iv) your contact information, including your address, telephone number, and e-mail address; (v) a statement that you have a good faith belief that use of the content is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. To confirm these requirements, please consult your legal representative or review 17 U.S.C. § 512(c)(3).
LorisQ will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of LorisQ or others, LorisQ may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, LorisQ will have no obligation to provide a refund of any amounts previously paid to LorisQ.
Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. To the fullest extent permitted by applicable law, LorisQ disclaims all representations and warranties, express, implied, statutory or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Specifically, but without limitation, LorisQ does not represent or warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
Limitation of Liability
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL LORISQ OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “LORISQ PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, 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 LORISQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (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 SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD; (VI) OR ANY OTHER MATTER RELATING TO THE SERVICE OR THE TERMS OF SERVICE.
- NOTWITHSTANDING THE FOREGOING, IF FOR ANY REASON ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY IS HELD UNENFORCEABLE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE LORISQ PARTIES EXCEED FIFTY U.S. DOLLARS ($50.00). YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, LORISQ WOULD NOT ALLOW YOU TO ACCESS OR USE THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY.
You shall indemnify and hold harmless the LorisQ Parties from and against any and all claims, actions, suits, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of: (i) your access to or use of the Service and its Content; (ii) your actual or alleged breach of the Terms of Service; or (iii) any infringement by you or any other user of the Service using your computer or device of any intellectual property or any other right of any person or entity. You shall cooperate as fully as reasonably required in the defense of any such claim. LorisQ reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. Each of the LorisQ Parties is an express third-party beneficiary of this indemnification provision, with full rights to enforce its terms.
- Technical support is only provided via email.
- You understand and agree that LorisQ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, LorisQ, or any other LorisQ service.
- You understand and agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by LorisQ.
- We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or the Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any LorisQ customer, employee, member, or officer will result in immediate account termination.
- You understand and agree that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam”
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by LorisQ) of other LorisQ customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by LorisQ in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with LorisQ, or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
- The failure of LorisQ to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and LorisQ and govern your use of the Service, superseding any prior agreements between you and LorisQ (including, but not limited to, any prior versions of the Terms of Service). You agree that the Terms of Service and your use of the Service shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to its choice of law rules.
- Questions about the Terms of Service should be sent to support at firstname.lastname@example.org.