THESE TERMS OF SERVICE GOVERN YOUR USE OF OUR SERVICE. IF YOU USE FREE OR TRIAL VERSIONS OF OUR SERVICE, THESE TERMS WILL ALSO APPLY.
ACCEPTANCE OF TERMS
Heirloom Computing, Inc. (referred to here as “Heirloom”) provides its Service (as defined below) to You through its web sites located at heirloomcomputing.com & heirloomcomputing.zendesk.com (the “Sites”), subject to this Terms of Service agreement (“TOS”). By accepting this TOS or by accessing or using the Service or Sites, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.
Heirloom may change this TOS from time to time without prior notice. You can review the most current version of this TOS at any time at http://www.heirloomcomputing.com/customer-portal/#Terms-of-Service. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.
DESCRIPTION OF SERVICE
The“Service” includes (a) the Sites, (b) access to products, tools and services made available via the Sites, and (c) all software, data, text, images, sounds, video, and content made available through the Sites or services (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.
GENERAL CONDITIONS/ ACCESS AND USE OF THE SERVICE
Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Heirloom. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Heirloom, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your plan allows.
Heirloom reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.
You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Heirloom’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Heirloom will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.
The failure of Heirloom to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Heirloom, even though it is electronic and is not physically signed by You and Heirloom, and it governs Your use of the Service and takes the place of any prior agreements between You and Heirloom.
Elastic COBOL™, ELPaaS™ and Heirloom’s various logos used or displayed on the Service are trademarks of Heirloom and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Heirloom products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
PAYMENT AND REFUNDS
Payments. The Service is made available on a pay-as-you-go basis and is charged at the start of Your elected subscription term (generally daily, monthly, or annually).
Plan and Price Changes. If you choose to upgrade Your plan during Your elected subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account. Subsequently, Your payment will automatically be charged the adjusted rate on Your next billing cycle subsequent to the pro-rating billing. A billing exception exists if You are on a timed billing cycle where You will not see a prorated charge or credit in the current timeframe, but Your new billing rate will be reflected on Your next bill. Regardless of Your billing cycle, there are no refunds or credits for partial use of service, plan downgrades, or refunds for time unused if You close Your account before the end of Your subscription period. No exceptions will be made in order to treat everyone equally and keep our administrative costs low for the ultimate benefit of our customer base. Downgrading Your plan level may cause the loss of content, features, or capacity of Your account and Heirloom does not accept any liability for such loss. Prices of all Heirloom plans and Services are subject to change upon 30 days notice from us. Such notice may be provided at any time. In addition, Heirloom reserves the right to contact You about special pricing if You maintain an exceptionally high number of end-users.
Billing, Receipts and Privacy. The account owner will receive an email receipt upon each payment. Heirloom uses a third-party intermediary to manage payment processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your payment information for Heirloom. Please visit http://www.heirloomcomputing.com/customer-portal/#Privacy_Policy to understand how Heirloom collects and uses personal information.
CANCELLATION AND TERMINATION
You are responsible for properly canceling Your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by clicking on the “Unsubscribe” link in the Service portal. There are no other means of canceling Your account. You will lose access to all of Your content upon cancellation and we will delete it in our normal course of business operations. This information cannot be recovered once your account is cancelled. If You cancel the Service before the end of Your current paid-up subscription period, your cancellation will take effect immediately and You will not be charged again.
Heirloom reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Heirloom believes that You have violated these TOS. Heirloom will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Heirloom shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND HEIRLOOM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT HEIRLOOM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM HEIRLOOM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL HEIRLOOM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, HEIRLOOM SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE SERVICE FEE PLAN PAID OR PAYABLE BY YOU FOR THE TIME OF THE PLAN PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, HEIRLOOM’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Heirloom may assign or transfer this TOS, in whole or in part, without restriction.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of San Francisco, California for the purpose of resolving any dispute relating to Your access to or use of the Service.
EFFECTIVE AS OF SEPTEMBER 1st 2014
INFORMATION YOU PROVIDE
In this Policy, “personal information” means information or an information set that identifies or could be used by or on behalf of Heirloom to identify an individual, but not including encoded, anonymized, or publically-available data that has not been combined with non-public personal information. The information Heirloom collects and uses is limited to the purpose for which customers engage Heirloom. When You register for the Service, We ask for information such as your name, company name and address, site name, phone number, e-mail address and payment information. Heirloom uses a third-party intermediary to manage payment processing. This intermediary is not permitted to store, retain, or use your billing information, except for the sole purpose of payment processing on Heirloom’s behalf. Heirloom may use the personal information and other information We collect about your use of the Service to operate the Service and tailor it to your needs, for billing, identification and authentication, to contact You about your use of the Service, send you marketing materials (subject to your opt-out option), for research purposes, and to generally improve the content and functionality of the Service and the Sites. Heirloom may also share your personal information with its third-party vendors (such as its payment processor) and hosting partners to provide the necessary hardware, software, networking, storage, and other services We use to operate the Service and maintain quality user experience. Although Heirloom owns all rights to the software, code, databases, and other Service applications, You retain all rights to your data. Our service providers may not use your personal information for marketing purposes.
As is true with most web sites, Heirloom gathers certain information automatically and stores it in log files. This information includes internet protocol addresses as well as browser, internet service provider, referring/exit pages, operating system, date/time stamp, and click stream data. Occasionally We may connect personal information to data gathered in our log files, as necessary to improve the Service to individual customers. Otherwise We mostly use this information with no connection to individual users, to analyze trends, administer the Sites, or track usage of various features within the Sites.
LINKS TO OTHER SITES
Our Sites contain links to other websites that are not owned or controlled by Heirloom. Please be aware that We do not determine and We are not responsible for the privacy practices or content of such other sites. We encourage You to be aware when you leave our Sites, and read the privacy statements of other websites linked to our Sites. This Policy applies only to information collected by our Sites.
Our Sites offers publicly-accessible blogs or community forums. You should be aware that any information You provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, We may not be able to remove your personal information, in which case We will let You know if We are unable to do so and why.
From time to time, We post customer testimonials on our Sites which may contain personal information. We do obtain the customers’ consent to post their names along with their testimonials.
Except as described in this Policy, Heirloom will not give, sell, rent or loan any personal information to any third party. We may disclose such information to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims. We may also share such information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms of Service, or as otherwise required by law. Heirloom may also provide non-personal, summary or group statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personal information.
PROTECTION OF INFORMATION
Heirloom is committed to ensuring the security of your personal information. We take every precaution to protect the confidentiality and security of the personal information placed on our Sites or used within the Service, by employing technological, physical and administrative security safeguards, such as firewalls and carefully-developed security procedures. For example, when You enter sensitive information (such as login credentials and all your activity on our Service platform) We encrypt the transmission of that information using secure socket layer technology (SSL). These technologies, procedures and other measures help ensure that your data is safe, secure, and only available to You and to those You authorized access.
We process and store information on behalf of our customers. If You are a customer of one of our customers and would no longer like to be contacted by one of our customers that uses our Service, please contact that customer directly. If You are our customer and would like to opt-out of getting communications from Heirloom please contact us at email@example.com or follow the unsubscribe instructions included in each marketing email. Requests to opt-out of transfers to our third-party vendors will also be considered, but limitations on data sharing may make it difficult or impossible to provide the Service.
We may transfer personal information to our third-party vendors that help us provide the Service, subject to appropriate confidentiality restrictions. Such transfers are limited to the purposes for which personal data has been transferred to us from our customers. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice, and the service agreements with our customers. Otherwise We may also share personal information as is required or permitted by law.
ACCESS AND REVIEW OF DATA
Residents of the EU and Switzerland whose personal information Heirloom controls may request access and the opportunity to correct, amend, or delete that information. If You are our customer and would like to gain access to, or request deletion of information We have collected as “data controllers,” please contact us at firstname.lastname@example.org. We will respond to such queries within 30 business days. Heirloom has no direct relationship with its customers’ customers whose personal data it processes. An individual seeking access, or who would like to correct, amend, or delete inaccurate data should direct his query to the Heirloom customer with whom such individual interacts (the data controller). At the request of our customers We remove data within 30 business days.
Heirloom will retain personal information We process on behalf of our customers for as long as needed to provide Service to our customers, subject to our compliance with this Policy. We retain and use this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Heirloom will continuously monitor its privacy practices and continued compliance with the Directive and this Policy.
If We make any material changes to this Policy We will notify You by email or by posting a prominent notice on our Sites prior to the change becoming effective. We encourage You to periodically review this page for the latest information on our privacy practices. Your continued use of our Sites or Service constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if You do not accept the terms of this Policy, is to discontinue use of the Sites and Service.
Heirloom may assign or transfer this Policy, and your user account and related information and data, to any person or entity that acquires or is merged with Heirloom.
TERMS OF SERVICE
When You access and use the Service, You are subject to the Heirloom Terms of Service.
If You have questions regarding this Policy or about the privacy practices of Heirloom, please contact us by email at email@example.com, or at:
Heirloom Computing, Inc.
Attn: Privacy Officer
20 Montclaire Dr
Fremont, CA 94539