Effective June 4, 2021
SEEQUILL TERMS OF SERVICE
By accessing the application, you agree to be bound by these Terms and Conditions (“Terms”). Please read them carefully. These Terms of Service (“Terms”) are a contract between you and Seequill LLC (herein referred to as “Seequill”) related to the use of Seequill’s application services and Web site (“Services”). If you do not agree to be bound by these Terms, you should not access, view or otherwise use this application.
By accepting these Terms, or by accessing or using the Services, you represent and acknowledge that you have read, understood, and agree to be bound by these Terms. You acknowledge that these Terms constitute a binding, enforceable contract between you and Seequill. By accessing this application, you represent and affirm that you are over the age of (thirteen) 13. If Seequill becomes aware of any violations and/or breach of the terms, Seequill is authorized to terminate your account.
Seequill can change these Terms at any time. Accessing the Services after any change to these Terms demonstrates that you agree to the new Terms.
Description of Services
The “Services” include the websites located at seequill.com, and any APIs on that domain or any subdomains (collectively, the “Site”), and other services provided to you through the Site, including all software, data, images, text, videos, sounds, and other content made available through the Site. Any new features added to the Services are also subject to these Terms.
While Seequill will strive to keep the Services available to you, you accept that Seequill may need to shut down the Site in order to provide proper maintenance. You also accept that shut downs and unavailability of the Site and Services could occur due to circumstances beyond Seequill’s control, such as, but not limited to, technical failures, acts of God, acts of government, or civil unrest. You accept that Seequill is under no obligation to make the Services available to you for any duration of time.
Portions of the Services may also be made available to you when your device is not connected to the internet, or when your device is using a feature of the Services that allows you to use a limited set of features while also simulating your device not being connected to the internet (“Offline Mode”, or “Working Offline”). You accept that when operating in Offline Mode, or while operating under the Free or Trial membership, your data might only exist on your device, and any data loss on your device is out of Seequill’s control. You also accept that Seequill determines what features will be made available to you while you are in operating in Offline Mode.
Content Rights and Responsibilities
You own the rights to the content you create, post, and store (“Post”) on or via the Services.
By Posting content on or via the Services, you give Seequill a non-exclusive, royalty-free, transferable, license to publish such content on the Services, including anything related to publishing, such as but not limited to, storing, displaying, reformatting, and distributing such content.
You assume all risks related to Posting content to the Services, including but not limited to claims relating to intellectual property or other legal rights. By Posting content on or via the Services, you are representing that you have the intellectual property rights to the Posts and that Posting does not conflict with any other agreement you are bound to.
You can delete any content that you have Posted on or via the Services. You accept that for technical reasons, any deleted content may not be deleted immediately, and that content will eventually be deleted. You accept that your content may still exist in backup copies and that deleting such backups of your content will be at Seequill’s discretion.
At its discretion, Seequill may remove any content you Post.
Use of Service
You agree to access and use the Services as intentionally allowed by Seequill. You agree not to, or try to, do any of the following: (1) access or modify non-public areas of the Services, computer systems owned and/or managed by Seequill, or the systems of third-party providers that are used by Seequill or the Services; (2) access the Services by any means other than the Site; (3) forge internet traffic intended for, or to go through, the Services in order to conceal, alter, or falsify the source of such traffic; (4) disrupt the availability of the Services by any means, including but not limited to, denial of service attacks, flooding, spamming, overloading, sending malicious software such as viruses, or automating the utilization of the Services via scripts or other mechanisms.
You shall not use the Services for any illegal purposes and in particular agree that you shall not send, use, copy, post or allow any posting that is defamatory or obscene within the meaning of the Obscene Publications Act or which is abusive, indecent or in breach of the privacy of any person. You agree not to send any unsolicited promotional or advertising material, spam or similar materials, or any volume messages that may interfere with the operation of this website or with the enjoyment of this website by other visitors.
Seequill reserves the right to terminate, modify, or restrict access to any part of the Services, or any system owned or managed by Seequill, for any reason, at any time, without notice.
Seequill uses software and content that are licensed under third-party open source licenses.
Membership and Payment
Seequill allows you access to the Services on a Trial or Free membership (“Trial”) free of charge. The limitations of the Trial membership are determined by Seequill at its discretion and does not need to be specified in these Terms, and can change at any time. Such limitations will impact your experience using the Services and limit your access to and the capabilities of the Services.
You can obtain further access to the capabilities offered by the Services, limited to the restrictions described by these Terms (e.g. access only to the content you create), by purchasing a Membership. A type of membership and the terms unique to that membership (collectively, “Membership”) can be purchased via the Services. Purchasing a Membership will grant you extra access to the Services until the Membership expires. You agree to let Seequill determine the date and time of when a Membership expires. You agree that Seequill is not responsible for notifying you about the expiration of your Membership. You agree to let Seequill determine how to interpret the terms of your Membership, and that any access to the Services will be granted to you at Seequill’s discretion.
When purchasing a Membership via the Services, by providing Seequill a credit card or another payment method accepted by Seequill (“Payment Method”), you are expressly agreeing that Seequill is authorized to charge your Payment Method the amount indicated by the terms of the Membership and any applicable taxes.
The types of Memberships available for purchase and/or their respective terms may change from time to time, at Seequill’s discretion, for any reason, however Seequill will honor the Membership you purchase and the terms of such Membership as interpreted by Seequill, until your Membership has expired.
Seequill will not automatically charge or trigger the charge of your Payment Method in order to renew your Membership. When your Membership expires, Seequill will provide you the means via the Services to renew your Membership (provided that the specific Membership and terms thereof are still offered by Seequill), purchase a new Membership, or delete your account. If you choose not to take any such action, or any other action Seequill offers, then for (five) 5 days, Seequill will continue to store your account details and all content that you have Posted. After five days, Seequill will delete your data without any notice to you.
You accept that any payment you make to Seequill is non-refundable. Seequill is under no obligation to issue you a refund, full or partial, for any reason.
Disclaimer of Warranty and Limitation of Liability
You accept that the Services are provided to you as is, and that you use the Services at your own discretion, and you understand that the Services do not come with any warranty, expressed or implied.
Seequill will not be liable to you for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data resulting from your use of the Services, in any and all scenarios including but not limited to the Services being unavailable, unauthorized access to the Services, use or alteration of your transmissions or content, or technical problems with the Services. In no event shall Seequill’s aggregate liability for all claims relating to the service exceed one hundred U.S. dollars (U.S. $100.00).
If the exclusion of implied warranties or limitation of liability for incidental or consequential damages is not permitted by law based on jurisdiction, Seequill’s liability will be limited to the greatest extent permitted by law.
If Seequill does not exercise a particular right specified in these Terms, Seequill still retains that right and does not waive it.
In the event that any part of the Terms shall be determined by any competent authority to be invalid, unlawful or unenforceable, such term shall be severed from the remaining Terms which shall continue to be valid and enforceable to the fullest extent permitted by law. By accessing these Terms, you the user subject yourself to the laws of Kansas. .
Choice of Law and Jurisdiction
If any dispute arises from these Terms and/or Services, these disputes shall be resolved within the District Court of Johnson County or any Federal Court with proper jurisdiction and interpreted according to appropriate Federal and Kansas Law.
These Terms (including any document incorporated by referencing them) represent the entire agreement between Seequill and you.
DMCA AND COPYRIGHT POLICY
Section 512 of the Digital Millennium Copyright Act (“DMCA”) outlines the statutory requirements for formally reporting copyright infringement. It is Seequill’s policy to disable or terminate the accounts of people who repeatedly infringe or are repeatedly charged with infringing copyrights or other intellectual property rights, and Seequill may do so in appropriate circumstances and at Seequill’s discretion.
To submit a notice of claimed copyright infringement (“DCMA Notice”), you may send an email to firstname.lastname@example.org containing the following information: (1) a physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf; (2) the infringing material on Our systems (or a list of infringing materials) identified by page URL, description, characteristics, or any other means by which We can identify the work; (3) identification of the copyrighted work claimed to have been infringed, identified by a URL or copy or a clear description; (4) your mailing address, phone number, and email address; (5) a statement that you have a good-faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law (for example, as a fair use); (6) a statement that the information you are presenting in this email is accurate, and under penalty of perjury, that you are the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that’s allegedly infringed.
If Seequill removes your content after we receive a DCMA Notice, Seequill will attempt to send you an email informing you that your content has been removed (“DMCA Notification Email”). This email will contain a DMCA ID. If you believe there was no copyright infringement, you may submit a counter-notice. Please be aware that there are legal and financial consequences for fraudulent or bad faith counter-notices. Please make sure you are the actual rights holder of the content or authorized to act on a rights holder’s behalf, or you have a good-faith belief that the material was removed in error.
To submit a counter-notice, you may send an email to email@example.com containing the following information: (1) a physical or electronic signature (typing your full name will suffice); (2) the DMCA ID found in the DMCA Notification Email; (3) the identifier of the content removed (this might be a URL or a block of text), found in the DCMA Notification Email; (4) a statement under penalty of perjury that you have a good faith belief that the content was removed in error; (5) a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Seequill may be found, and that you will accept service of process from the person who provided the copyright notification or an agent of such person.
Once Seequill receives a counter-notice, Seequill will forward a copy to the person who filed the original DMCA Notice. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material, we may replace or cease disabling access to the material that was removed.
Information We Collect
Seequill collects information about how you use the Services, such as what pages you visit, the types of content you Post on the Services, or the actions that you take on the Services. Seequill collects this information to improve your experience when using the Services.
You will need to provide Seequill your email address in order to use the Services when creating a new account, and this email address will need to be a valid one to access extra features of the Services. The Services will allow you to validate your email address by sending you an email to that address containing a validation code, which you can then provide to the Services. If your account is not associated with a validated email address, you might still have some access to the Services, but you risk experiencing limitations, such as but not limited to, not being able to complete the process to reset your password, or purchase a Membership. These limitations are determined by Seequill and can change at any time. You accept these risks if you choose not to validate your email address.
If you create a Seequill account using a third-party service such as Google or Facebook, Seequill will store that third-party service’s unique identifier for you (or a variation of it), and if provided by that service the following: your first name, last name, and email address. Seequill will consider the email address associated with that third-party service as valid, and associate it with your Seequill account, by default. It is your responsibility to ensure that email address is valid to receive email from Seequill, or to change it to one that is. Seequill will not store any information that will allow Seequill to query or post to those third-party services on your behalf, or query those services for more information about you, such as your friends or followers.
Seequill will not transfer information about you to any third-party for the purposes of assisting these third-parties to advertise to you. Seequill will not sell information about you.
Your information may be shared with third parties when we have good faith belief that it is required by law, such as pursuant to a mandatory discovery request, disclosure requirement, subpoena, court order or other order of a court, or other legal process. We may also share your information with third parties if we have good faith belief that doing so will help prevent imminent harm to someone.
If Seequill is going to share your information in response to legal process, Seequill will attempt to communicate with you to give you notice, unless we are prohibited by law or believe doing so may bring harm to someone.
Seequill uses browser technologies (e.g. IndexedDB) to store your data on your device.
Seequill also uses third-party vendors and hosting partners, such as Microsoft, for technology such as hardware, software, networking, and/or storage to provide the Services.
Seequill maintains different kinds of logs. These logs will not contain user passwords, but they might contain other user information such as user identifiers (internal to Seequill, or provided to Seequill by third-party authentication providers such as Google or Facebook if your account is linked to one of those providers) or usernames. They might also contain the source IP address of the internet traffic being processed by the services, the pages being visited on the Services, the types of resources being accessed, the data being accessed or processed, actions being taken on the Services, and/or other information. We use this information to provide a better user experience for you when using the Services, and to detect and combat any malicious activity that might occur on the Services. By using the Services, you authorize Seequill to collect, transfer, store, and use such information in the United States and any other country Seequill operates.
Tracking and Cookies
Seequill uses browser cookies and other browser technologies (e.g. localStorage) that store data in your browser (“Cookies”) to authenticate you when you use the Services, and to protect your account and the Services from unauthenticated users, or authenticated users trying to access data through the Services that they should not have access to. Cookies are also used to keep you logged in for a certain period of time when using the Services, and in other ways to provide you with a better user experience.
Seequill does not track you across the Internet. Seequill only tracks your interaction using the Services.
Billing and Payment
Seequill will not store your payment information (e.g. credit card number). Seequill will use one or more third-party payment processors, such as Stripe, to charge your Payment Method. Those companies acting as payment processors may collect and store your payment information and/or personal data, and may store other data related to your Payment Method such as history or any data to prevent fraud. The payment processor options presented to you when purchasing a Membership may change at Seequill’s discretion.
Seequill uses encryption (HTTPS/TLS) to protect data transmitted from your browser to the Services. Seequill also strives to ensure users are only able to access the content that they Posted on or via the Services and not access the content of other users. However, by using the Services you understand and accept that security cannot be guaranteed, and that you are responsible for taking reasonable measure to secure your account and the content that you Post on or via the Services.
Data stored on your device by the Services might not be encrypted or protected. You accept that you are responsible for ensuring that your device, and the data stored in your device, are secure.
Receiving Communication from Seequill
Seequill may send you emails from time to time to the email address associated with your account. Such emails might contain information about your account, content you Post to the Services, information about the Services, or changes or additions to Memberships, these Terms, or other Seequill policies. If an email Seequill sends you contains a link that you can click, doing so may send Seequill information about that interaction. Seequill will never send you an email asking for your password. Seequill will never send you an email asking for account information while your account is active, however for verification purposes, Seequill might request certain account information via email in response to you contacting Seequill regarding an account that you deleted.
Seequill is hosted in the United States. By using the Services, you authorize Seequill to transfer, store, and use your information in the United States and any other country where Seequill operate.
Seequill retains your data (your account information, any and all content that you Post, and any information related to your use of the Services) as long as your account is not deleted from the Services. If you would like to delete your account, you may do so via the Services. Seequill will delete your data as soon as possible, however you accept that for technical reasons, your data might not be deleted immediately, and the time between when you have taken action to delete your account and when your data is actually deleted from the Services is at Seequill’s discretion, except for the technical reasons where Seequill has no control, for example deleting content from third-party providers such as Microsoft. You accept that your data may still exist in backup copies and that deleting such backups of your data will be at Seequill’s discretion. You accept that any of your data that Seequill store in logs might not be deleted at all, and that deleting such data will be at Seequill’s discretion.
Users in the European Union
If you are a citizen of the European Union, you should know that Seequill is the controller of your personal information that you have provided. Although processing of data is not our main business, here is some additional information we would like to bring to your attention.
Bases for Using Your Information
Your country only allows us to use your personal information when certain conditions apply. These conditions are called “legal bases” and, at Seequill, we typically rely on one of four.
- Contract. One reason we might use your information is because you’ve entered into an agreement with us. For example, when you enter into a contract with us online and you agree to our Terms, we need to use some of your information to collect payment and provide that information to the appropriate third-parties involved with that agreement.
- Legitimate interest. Another reason we might use your information is because we have—or a third party has—a legitimate interest in doing so. For example, we need to use your information to provide and improve our services, including protecting your account and providing customer support. An important point to understand about legitimate interest is that our interests don’t outweigh your right to privacy, so we only rely on legitimate interest when we think the way we are using your data doesn’t significantly impact your privacy or would be expected by you, or there is a compelling reason to do so.
- Consent. In some cases we’ll ask for consent to use your information for specific purposes. If we do, we’ll make sure you can revoke your consent in our services or through your device permissions. Even if we’re not relying on consent to use your information, we may ask you for permission to access certain data.
- Legal obligation. We may be required to use your personal information to comply with the law, like when we respond to valid legal process or need to take action to protect our users.
Your Right to Object
You have the right to object to our use of your information. If there are certain types of information you don’t agree with us processing, you can contact us at firstname.lastname@example.org.
We may collect your personal information from, transfer it to, and store and process it in the United States and other countries outside of where you live. Whenever we share information of EU users outside the EU we make sure an adequate transfer mechanism is in place.
Right to be Forgotten
Although we hope you remain a customer of Seequill in the future, you may, at your request, ask that Seequill delete all personal data it has collected on your behalf. Please direct questions to email@example.com on how to complete this process.
If you’re based in the EU, you can always file a complaint with the supervisory authority in your Member State. For example, if you’re based in the UK you can file a complaint with the Information Commissioner’s Office.
For More Information:
Please direct questions, comments or concerns to firstname.lastname@example.org.