Last updated: December 11, 2020. 10e1c90
Thank you for using our products! Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Final Gravity AB.
When we say “Services”, we mean any product created and maintained by Final Gravity AB. At the moment that includes only Cupaloy, whether delivered within a web browser, desktop application, mobile application, or another format.
When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services. Cupaloy accounts are owned by individuals, not by organizations. When you sign up and create a Cupaloy account, you are the owner of that account and all the data in it. Our legal responsibility is to the account owner, so we won’t let other people take over your account without your permission.
We may update these Terms of Service in the future. You can track all changes made since late-2020 on GitHub.
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 and keeping an open door to your feedback.
Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
To help you with support requests you make. We’ll ask for express consent before accessing your account.
On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
To safeguard our Services. 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. If necessary, we may also access accounts as part of an abuse report investigation.
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 recognize that technology is an amplifier: it can enable the helpful and the harmful. That’s why we’ve established this policy. If you have an account with any of our products, you can’t use them for any of the restricted purposes listed below. If we find out you are, we will take action.
Child exploitation, sexualization, or abuse: We don’t tolerate any activities that create, disseminate, or otherwise cause child abuse. Keep away and stop. Just stop.
Doxing: If you are using our products to share other peoples’ private personal information for the purposes of harassment, we don’t want anything to do with you.
Infringing on intellectual property: You can’t use our products to make or disseminate work that uses the intellectual property of others.
Malware or spyware: Code for good, not evil. If you are using our products to make or distribute anything that qualifies as malware or spyware — including remote user surveillance — begone.
Phishing or otherwise attempting fraud: It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others.
Spamming: No one wants unsolicited commercial emails. We don’t tolerate folks (including their bots) using our products for spamming purposes. If your emails don’t pass muster with CAN-SPAM or any other anti-spam law, it’s not allowed.
Cybersquatting: We don’t like username extortionists. If you purchase an account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancelation.
Violence, or threats thereof: If an activity qualifies as violent crime in the EU or where you live, you may not use our products to plan, perpetrate, or threaten that activity.
We’ve outlined these restrictions to be clear about what we won’t stand for. That said, this list is by no means exhaustive. We will make changes over time.
See someone using one of our products for one of the restricted purposes? Let us know by emailing firstname.lastname@example.org and we will investigate. If you’re not 100% sure, report it anyway.
Please share as much as you are comfortable with about the account, the content or behavior you are reporting, and how you found it. Sending us a URL or screenshots is super helpful. If you need a secure file transfer, let us know and we will send you a link. We will not disclose your identity to anyone associated with the reported account.
Someone on our team will respond within one business day to let you know we’ve begun investigating. We will also let you know the outcome of our investigation (unless you ask us not to or we are not allowed to under law).
This policy and process applies to any product created and owned by Final Gravity AB.
We design our Services with care, based on our own experience and the experiences of customers 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 shipping them. 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.
When we grant you unlimited features, for example unlimited storage, we mean that we do not limit the feature in any technical way. That does not mean that there are no limits at all. There are, amongst others, physical limits set by third party service providers to us.
You agree to use our Services in a fair way. Where the exact limits of fair use are will be considered at the time of usage. We mean by that, that 20 years ago 1 GB of data was a lot. Today, it is not anymore. We do not want to tie ourselves to the current time with our products.
We reserve the right in the future, in our sole discretion, to set reasonable limits on all accounts where we consider a case of violation of fair use has occurred.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company 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 the Company has 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.
In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.
If you have a question about any of the Terms of Service, please contact our Support team.