Terms of Service
This Document describes the terms on which Buzzard ("we", "us"), an AG (similar to a limited liability company) registered in Freienbach, Switzerland, offers you ("you" or "your") access to Spootnik (content and functionality of spootnik.net) provided by us.
Spootnik provides a server to synchronize your database with, so that your iPad, iPhone or iPod touch, and all of your Macs, will stay up to date. In addition it synchronizes to-do items between OmniFocus and Basecamp in fixed intervals. Spootnik treats other (especially 37signals') resources as good as possible and thus it could happen that not every change made on one side gets synchronized immediately to the other side.
You have to acknowledge that Spootnik depends heavily on OmniFocus and Basecamp. It can only be provided under following preconditions:
- OmniGroup doesn't restrict or complicate the possibilities to access your data inside OmniFocus' database.
- Basecamp provides your data over an Official API and doesn't restrict access towards Spootnik.
In order to use Spootnik, you must first agree to the Terms. You may not use Spootnik if you do not accept the Terms.
- You are a party that can lawfully enter into and form legal contracts.
- You use Spootnik only for lawful purposes and in a lawful manner.
- You register under your correct name and don't use an invalid, unauthorized email or physical address.
- You agree that you will not engage in any activity that interferes with or disrupts Spootnik or the server and networks which are connected to Spootnik.
- You don't harvest or otherwise collect information about users, including email addresses, without their consent.
- You agree to use Spootnik only for purposes that are permitted by the Term and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- You accept that we may immediately disable your account or throttle your usage if you take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure. This could be either if your bandwidth usage exceeds 400MB/month or your disk space usage exceeds 100MB.
- You don't bypass any measures we may use to prevent or restrict access to Spootnik. Especially accessing Spootnik's WebDAV interface by clients other than OmniFocus.
- You accept that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technologies.
- You accept that technical support is only guaranteed to paying account holders and is only available via email.
We own all rights, titles and interests in and of Spootnik and you agree that you will not copy, reproduce, alter, modify, or create derivative works from Spootnik.
We may choose to temporarily change the fees for promotions or for new Services. All our fees are quoted in U.S. Dollars.
- You can sign up for an account without needing a credit card.
- After the trial period you will be charged in advance on a monthly basis (every 30 days).
- You can upgrade or downgrade our service inside the Billing section at any time. The new rate will be charged on your next billing cycle.
- There will be no refunds of paid monthly bills. To treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes or duties imposed by taxing authorities. You're responsible to pay them, excluding the swiss VAT.
- Spootnik also provides a free plan. In that case we reserve the right to remove data after 3 months of inactivity to preserve our resources.
Monthly fees are charged on your Spootnik credit balance. You can buy credit at any time using the "Buy Credit" link inside the Billing section.
- If your credit balance is too low on the day your monthly fee gets charged, the service will be changed to a free plan and we will send you a notice by email.
- You will then be able to use the service the same as if you chose a free plan up front.
We can't give any warranty which goes beyond our ability to access your Basecamp and OmniFocus data. Is either of them inaccessible towards Spootnik, Spootnik won't be able to provide you its synchronization Service.
You expressly understand and agree that:
- Your use of Spootnik are at your sole risk.
- BUZZARD AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS MAKE NO WARRANTY THAT (1) SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (2) SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; (4) AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BUZZARD SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- No Advice or information, whether oral or written, obtained by you from Buzzard or through the use of our Services shall create any warranty not expressly stated in this agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUZZARD AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, 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 BUZZARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE BUZZARD SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON BUZZARD SERVICE;
- OR ANY OTHER MATTER RELATING TO THE BUZZARD SERVICE.
Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (a) $100 or (b) the total fees you paid to us in the three months prior to the action giving rise to the liability.
Some states and jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, so this limitation and exclusion may not apply to you.
We communicate with you either by email you provided us during the registration process or by doing a posting on the Spootnik site.
You can cancel your account at any time without a penalty. The Billing section provides a simple no questions asked cancellation link. After you terminated, you may no longer have access to your data. You won't be charged again and any remaining credit balance will be refunded by PayPal. But you are responsible for whatever fees have already been incurred for the current billing period.
We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate Spootnik to anyone. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion (not closing list) are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
We reserve the right to modify or discontinue, temporarily or permanently, Spootnik with or without notice. You agree that we shall not be liable to you or to any third Party for any modification, suspension or discontinuance of Spootnik
All prices are subject to change upon 30 days notice (see sections Notices and Fees, Method of Payment) from us.
Our goal is to resolve a dispute quickly and cost effectively. You agree to first contact us directly to seek a resolution.
These Terms of Service shall be governed by and construed in accordance with the laws of Switzerland, without regard to its provisions governing conflicts of law. You agree that any claim or dispute you may have against us must be resolved by a court located in Freienbach, Switzerland. You hereby submit to the personal jurisdiction of the courts located within Freienbach, Switzerland for the purpose of litigating all such claims or disputes.
This Agreement is effective on February 9 2009 for current users, and upon acceptance for new users.