Last updated: November 26th, 2014
Your use of the Services is your agreement to be bound by these Terms. Please read them carefully before using the Services.
If you use the Services on behalf of an entity, company or organization, you agree to these Terms on behalf of such entity, company or organization and promise that you have the authority to bind such entity, company or organization to these Terms. If applicable, “your” will refer to the entity, company or organization that you represent.
You agree to use the Services in compliance with these Terms. You may use the Services only if you have the authority to form a contract with Spiffydesk and are not barred under any applicable laws from doing so. The Services may change from time to time. These changes and any suspension, or modification of the Services may be made at any time without prior notice to you. We may also remove any content from our Services at our discretion.
1. Your Data & Your Privacy
By using our Services you may provide us with information, and files that you submit through the Services (collectively, “your Data”). You retain full ownership of your Data. These Terms do not grant us any rights to your Data or intellectual property except for the limited rights that are needed to run the Services, as explained below.
Your permission may be necessary to do things you ask us to do with your Data, for example, to host or share them with certain individuals within your organization, at your direction. This includes choices we make to administer our Services, for example, how we store and backup your data and Data to keep them safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
You are solely responsible for your conduct, the content of your Data, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
You acknowledge that Spiffydesk has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services. We do not represent to you that we are HIPAA compliant.
2. Sharing Your Data
The Services provide features that allow you to upload your Data to store and share them with certain individuals within your organization. Spiffydesk has no responsibility for that activity.
3. Your Responsibilities
Others may have intellectual property rights to Data and other content in the Services. Please do not copy, upload, download, or share Data unless you have the right to do so. You, not Spiffydesk, will be fully responsible and liable for what you copy, share, upload, download, use and any other actions you take while using the Services. You must not upload spyware or any other malicious software to the Services.
You, and not Spiffydesk, are responsible for maintaining and protecting all of your Data. Spiffydesk will not be liable for any loss or corruption of your Data, or for any costs or expenses associated with backing up or restoring any of your Data.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13 years of age.
4. Account Security
You are responsible for protecting the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You are also responsible for maintaining and protecting all of your Data other than as specifically stated below. Spiffydesk will not be liable for any loss or corruption of your Data, or for any costs or expenses associated with backing up or restoring any of your Data. You should immediately notify Spiffydesk of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or Data to Spiffydesk, it is your responsibility to use a secure encrypted connection to communicate with the Services.
In the event of a security breach or loss of your data or Data by (i) your employees or account administrator, (ii) outside parties to whom you may have given access to the Services, or (iii) any other person that gains access as a result of your negligence protecting the security of your account and password, you will maintain responsibility for any resulting damages and agree to take any necessary remedial actions. You will notify Spiffydesk immediately of the breach and steps you expect to take to remedy the breach.
In the event of a security breach or loss of your data or Data by anyone other than (i) your employees or account administrator, (ii) outside parties to whom you may have given access to the Services, and (iii) any other person that gains access to the Services as a result of your negligence protecting the security of your account, Spiffydesk will immediately notify you and initiate remedial actions that are consistent with industry standards.
5. License to Use the Services
Your license to use the Services is governed by these Terms and also the License Agreement you or your designated account manager has agreed to in creating the applicable account with Spiffydesk (the “License Agreement”). This license is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights or any other rights. We hereby reserve all rights not expressly granted in these Terms or the License Agreement. To reiterate certain covenants agreed to in the License Agreement, you must not reverse engineer or decompile the Services, nor attempt to do so, nor assist anyone else to do so.
6. Spiffydesk Property and Feedback
These terms do not grant you any right, title, or interest in the Services, or the content in the Services. We may use any feedback, comments, or suggestions you send us without any obligation to you. The software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Spiffy trademarks, logos, domain names, or other brand features.
7. Acceptable Use Policy
In addition to any other things that might constitute a misuse of the Services, you must not, and must not attempt to do the following things:
Spiffydesk does not tolerate content that appears to infringe any copyright or other intellectual property rights or otherwise violates these Terms and will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us. Such notices can be reported by contacting us at the address below. We reserve the right to delete or disable content alleged to violate these Terms and to terminate repeat infringers. Our contact information for notice of alleged copyright infringement is:
Spiffy Solutions Inc
3020 i Prosperity Church Road
Charlotte, NC 28269
You may stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. We may suspend or terminate your use if you are not complying with these Terms, or if you use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will attempt to contact you in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
10. Spiffydesk Services are Available “AS-IS”
SPIFFYDESK PROVIDES THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPIFFYDESK MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPIFFYDESK, ITS AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF SPIFFYDESK HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF SPIFFYDESK AND ITS AFFILIATES, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU TO SPIFFY DURING THE IMMEDIATELY PRECEDING TWELVE MONTH PERIOD (DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN AN ACTION) OR FIVE DOLLARS ($5.00), WHICHEVER IS GREATER. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
We reserve the right to revise these Terms from time to time. We will date and post the most current version of these Terms on our website. Any changes will be effective upon posting the revised version of these Terms on the site (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you via the Services and/or by email to the email address associated with your account. Therefore, we encourage you to check the date of these Terms whenever you visit our site to see if these Terms have been updated. Your continued access or use of any portion of the Services constitutes your acceptance of such changes. If you disagree with any of the changes, we are not obligated to continue providing the Services to you, and you must cancel and stop using the Services.
13. Miscellaneous Legal Terms