Terms of Services & Website Use

GatherKit Terms of Service

These Terms of Service govern your use of the website located at gatherkit.io and any related services provided by GatherKit. By accessing gatherkit.io, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by GatherKit.

We, GatherKit, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

GatherKit is a product of Brave Factor, LLC, a limited liability company incorporated in the United States. Our registered office is 30 N Gould St, Ste 27326, Sheridan, WY 82801.

These Terms of Service were last updated on 2 June 2023.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to GatherKit and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service and may be terminated by GatherKit at any time.

Use of your Account

Once the Contract is formed, and subject to you and all users you have authorized to access your Account (“Authorized Users”) complying with these Terms, you will be entitled to use, and permit Authorized Users to use the Services via your Account solely for collecting, organizing, managing and collaborating on content for a specific project or projects. You are responsible for your Authorized Users’ use of the Service.

If you create an account with Google Single-Sign-On, you are agreeing to our terms, conditions, and policies, as well as Google’s terms, conditions, and policies.

You must advise us of the identities of Your Authorized Users, who will then require to register with us to access and use the Account. Your Contract may allow you to operate more than one project within your Account and in that event your Authorized Users will require to register on a project-by-project basis as appropriate.

Authorized Users use of the Services will be subject to these Terms. Each Authorized User shall keep a secure password for their use of the Services via your Account. You must only allow the permitted number of Authorized Users to access your Account to use the Services. If you discover any unauthorized use of the Service, you must contact us promptly.

You must keep your password and account details secure and ensure that only you and Authorized Users access your Account. You and your Authorized Users shall not store or transmit any computer virus, or any material during the use of the Services that:

• is unlawful, threatening, defamatory, obscene, infringing , discriminatory or is racially offensive;
• facilitates or encourages illegal activity;
• depicts sexually explicit images; or
• promotes unlawful violence or causes damage or injury to any person or property,

and we reserve the right, without liability to you, to disable your access to any material that breaches this provision.

You are responsible for complying with the laws of the country from where you use the Service and to ensure you have all necessary permission and consents in place in relation to your use of the Service.

Free Kit Use

Where you have signed up to use our Service on a free basis, these Terms will apply to you during your trial period, with the exception of the ‘Payment’ section below.

Limitations of Use

By using this website and software, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
2. remove any copyright or other proprietary notations from any materials and software on this website;
3. transfer the materials to another person or “mirror” the materials on any other server;
4. knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service GatherKit provides;
5. use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
6. use this website or its associated services in violation of any applicable laws or regulations;
7. use this website in conjunction with sending unauthorized advertising or spam;
8. harvest, collect, or gather user data without the user’s consent; or
9. use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Renewal of Accounts

If your Contract is on a free trial basis, it will not automatically renew.

For month-to-month Contracts, the initial subscription term is one month. Your Contract will automatically renew for successive periods of one month after the initial subscription term, unless you cancel the Contract before the end of this period (or before the end of the current renewal period).

Payments

A subscription fee is due in advance for use of the Service (i.e. monthly in advance for month-to-month Contracts) and is non-refundable. The subscription fee will be detailed in your Account Page. It will be clear before you purchase any Service whether VAT or other applicable taxes are included in the price or still to be added.

You must provide us with valid, up-to-date credit card (or similar card) details and that you authorize us to bill such card on or after the first day of your initial subscription term and thereafter on or after the first day of each subsequent renewal period.

Payment by credit card (or similar card) will be processed via a trusted third-party payment provider. Where your card payment is not successful, or where you have failed to make payment of our invoice on the due date for payment, we will contact you and suspend access to your Account until the payment has been made.

We shall be entitled to increase our subscription fees upon 14 days’ prior notice to you, but not more than once during any 12-month period during the Contract.

Please note that you are not entitled to a refund of subscription fees paid to us unless you terminate the Contract because of our material breach or insolvency in accordance with the ‘Our contract with you’ section. For information on refunds and cancellations, please refer to our Refunds and Cancellations Policy page.

Changing Your Subscription

You can upgrade the subscription of your Contract at any time through your user account options. Any price change will automatically be applied to your Account.

You can also downgrade the subscription package of your Contract through your user account options, however the change to your subscription package will only take effect at the end of the initial subscription term (or current renewal period). Any change in price will automatically be applied to your Account.

Cancellation

You can stop the Service at any time by canceling your Contract through your user account options, in which case your Contract will expire at the end of the initial subscription term or current renewal period (as applicable). No further subscription fees will be charged but we shall not be obliged to refund any fees paid.

Termination

We shall be entitled to terminate the Contract at any time if you are in material breach of the Contract (e.g. fail to pay subscription fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Contract if you become insolvent or you do not use the Service for more than 12 consecutive (unpaid) months. Where we terminate the Contract due to your breach or insolvency, we shall not be obliged to refund any subscription fees you may have paid us.

These rights of termination will also apply to you against us. Where you terminate the Contract due to our insolvency or our material breach of the Contract (where we have not remedied the breach within 30 days of your written notification to do so, or the breach is not capable of being remedied), then you shall be entitled to a refund of any fees paid for services which have not been performed.

Ownership of Data & User-Generated Content

You retain your intellectual property ownership rights over the content you submit on our website. We will never claim ownership of your content, but we do require a license from you in order to use it.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us. You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

We do not monitor Your Data posted or provided as part of the Service. You are solely responsible for all the data you enter or upload using the Service (“Your Data”), and any intellectual property rights in Your Data will be owned by you. We will comply with our Privacy Policy in relation to use of Your Data and will follow our archiving procedures for Your Data.

In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavors to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of Your Data caused by any third party.

Where the Contract has expired or the Contract has been terminated by either of us, you may request a copy of Your Data from us within 12 months of the expiry or termination date (as applicable). After that period we will delete your Account, including invoice details, and all Your Data. It is your responsibility to either export and/or copy Your Data prior to the expiry or termination date, or request a copy from us within 12 months days of such date.

Data Protection

If Your Data includes any personal data (as that term is defined in the Data Protection Legislation), then you acknowledge that we shall be deemed the data processor and you are the data controller in respect of any such personal data (where “controller”, “processor” and “personal data” have the meanings as defined in Data Protection Legislation).

We shall comply with our, and you shall comply with your, respective obligations under the Data Protection Legislation (where “Data Protection Legislation” means (i) unless and until it is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK; and (ii) any successor legislation to the GDPR or the Data Protection Act 1998 from time to time in force in the UK. This section is in addition to, and does not relieve, remove or replace, your or our obligations under Data Protection Legislation.

The scope, nature and purpose of processing by us is the provision of our Service. The type of personal data will be set out in any data you upload using the Service and the categories of data subjects are any individuals that may be referred to within such data. The duration of the processing is that of our retention period, which is a maximum of 12 months from the expiry or termination of your Account.

You must ensure that you have all necessary consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of this Contract.

We shall, in relation to any personal data processed in connection with the performance by us of our obligations under this Contract:

• process the personal data only on your written instructions (unless otherwise required by applicable law);
• maintain records of any processing of personal data that we carry out on your behalf;
• ensure that we have in place appropriate technical and organizational measures to protect against unauthorized or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data;
• ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential;
• assist you, at your cost, in responding to any request from a data subject and in ensuring compliance with your obligations under the Data Protection Legislation concerning security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
• notify you without undue delay on becoming aware of a personal data breach; and
• at your written direction, delete or return personal data and copies thereof to you on termination of this Contract (unless required by applicable law(s) to store the personal data).

You consent to us appointing third-party processors of personal data who assist with web-hosting under this Contract.

We confirm that we have entered, or will enter (as the case may be), a written agreement with any such third-party processor incorporating terms which are substantially similar to those set out in this section.

You warrant that:

• you are not aware of any circumstances likely to give rise to breach of the Data Protection Legislation (including any personal data breach);
• you have a lawful basis under the Data Protection Legislation to transfer the personal data to us for processing under this Contract and such use will comply with all Data Protection Legislation;
• you will promptly notify us of any action we must take to assist you with ensuring compliance with your obligations under Data Protection Legislation, including with request to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; and
• the personal data is necessary, adequate, relevant, accurate and up-to-date and you will notify us promptly of any changes to the personal data.

Protecting your data and personal information

All of our server software and firewalls are regularly updated and carefully monitored. Passwords are heavily encrypted within our databases and can never be seen in plain text. All data sent to our servers passes through a 256Bit SSL encrypted connection.

Protecting your billing information

All credit card transactions are processed using our secure third-party provider, Stripe. Card information is transmitted, stored, and processed securely on a PCI-Compliant network, please see Stripe’s security details for more information. We do not store or process your credit card information on our servers.

Availability of Service

We shall use commercially reasonable endeavors to make the Services available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours.

Our systems are designed to prevent outages from happening from single points of failure, even if multiple servers fail. Scheduled maintenance is usually carried out on weekends to prevent disruption during working hours.

We will endeavor to respond to all customer support queries within 48 hours, and you may purchase enhanced support services separately at our then current rates.

You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centers. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.

Our Rights in the Service

The GatherKit Service is our proprietary service, and all intellectual property rights in it are owned by or validly licensed to us.

Software and related documentation provided in relation to the Service is only provided in relation to your use of the Service and are not provided, or to be used, for any other purpose. Except where this is part of your legitimate use of the Service you are not permitted to copy, modify, republish, download, display or distribute all or any part of such software or documentation in any form or media or by any means. Nor are you permitted to reverse compile, disassemble, or reverse engineer such software or make use of such software or documentation to build a product or service which competes with our Service.

Liability

Our website and the materials on our website are provided on an ‘as is’ basis. To the extent permitted by law, GatherKit makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall GatherKit or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if GatherKit or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. GatherKit does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

GatherKit has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by GatherKit of the site. Use of any such linked site is at your own risk, and we strongly advise you make your own investigations with respect to the suitability of those sites.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Wyoming. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Your concerns

If you have any concerns about material that appears on our site, please contact us. If you wish to contact us in writing or a provision of these Terms requires you to give us a notice in writing (for example, to cancel the Contract), please do so by contacting us first. If we have to contact you or give you notice in writing, we will do so by e-mail provided by you when setting up or updating your Account.