INTRODUCTION
Welcome to Network Tree! These Terms of Service ("Terms") explain the relationship between Network Tree, Co. and you, the user. These Terms of Service ("Terms") govern your access to and use of Network Tree's personal CRM platform and its related domains (together,the “Site”) including our website (www.networktree.app), and/or download,install and use Network Tree Co.’s proprietary software application (collectively, "Service"), including all related documentation, updates and upgrades. By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service. For the purposes of these Terms, “you” or “your” refers to you as a visitor to or registered user of the Network Tree, Co Services. Please also read our privacy policy to learn how we collect and use information.
THESE TERMS, TOGETHER WITH OUR PRIVACY POLICY, FORM AN AGREEMENT BETWEEN YOU AND NETWORK TREE CO. BY AGREEING TO THESE TERMS OR USINGTHE NETWORK TREE CO., YOU REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT. IF YOU ARE AGREEING TO THESE TERMS OR USING THE NETWORK TREE CO. SERVICES ON BEHALF OF YOUR EMPLOYER, YOUR ACCEPTANCE OF THESE TERMS IS DEEMED AN AGREEMENT BETWEEN YOUR EMPLOYER AND NETWORK TREE CO. AND YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND YOUR EMPLOYER TO THESE TERMS.
License Grant. The Network Tree Services are owned by NetworkTree Co. and are licensed, not sold, to you. Subject to your payment of all applicable fees, Network Tree Co. grants to you a personal, nonexclusive, nontransferable, limited license (without the right to sublicense) to access and use the Site and to access, download, install and use the Network Tree Co. Services subject to the limitations set forth in these Terms, any relevant purchase order or ordering document related to the Network Tree Co. Services (“Order Form”) and any and all other terms and policies set forth in the Network Tree Co Services. You acknowledge that the source code for the Network Tree Co. Services and other trade secrets embodied in the Network Tree Co. Services have not been and will not be licensed or otherwise disclosed to you. All rights not expressly granted herein are reserved by Network Tree Co.
1. Eligibility
You must be at least 13 years of age to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 13 years old. If you are under the age of 18, you declare that you have obtained consent from your parent or legal guardian to use the Service.
2. Account Registration
To access certain features of the Service, you may be required to register and create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We have the right to terminate your Account and use of the Network Tree Co. Service if you provide untrue, incomplete or inaccurate information.
3. Responsibilities:
3a. Your Responsibilities: You are responsible for providing the equipment and services that you need to access, download, install and use the Network Tree Co. Services. Network Tree does not guarantee that the Network Tree Co. Services are accessible on any particular equipment or device or with any particular software or service plan. You are responsible for all activities that occur through your Account, whether or not authorized by you. Please do not share your Account or any of its information with any other person. You must at all times when using the Network Tree Co. Services comply with Network Tree’s Acceptable Use Policy. You will use the Network Tree Co. Services only for your individual or business purposes and in accordance with applicable laws, rules and regulations. You are responsible for all of your activities that occur within, through or as a result of your use of the NetworkTree Co. Services. You agree that you will not use the Network Tree Co. Services for unlawful purposes or to engage in any illegal, offensive, indecent or objectionable conduct, including violation of any third-party privacy or otherrights. You agree that you will not use the Network Tree Co. Services if you are under the age of majority in your place of residence or otherwise not fullyable and competent to agree to these Terms. If you use the Network Tree Co. Services on your mobile device, you are solely responsible for all message and data fees charged by your wireless service provider. Please contact your mobile service provider for pricing plans and details. Network Tree is not liable for any delays, interruptions or other transmission errors related to your device, service or wireless service provider. Except as specifically permittedin these Terms or expressly authorized in writing by Network Tree, you agree that you will not directly or indirectly: (a) distribute, sell, assign, encumber, transfer, rent, lease, sublicense, modify or time-share the NetworkTree Co. Services; (b) use any of the Network Tree Co. Services in any service bureau arrangement or on behalf of any third party; (c) reproduce, adapt,create derivative works of, translate, localize, port or otherwise modify anyof the Network Tree Co. Services; or (d) permit any third party to engage in any of the acts described in clauses (a) through (c). You are not permitted to: (a)remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in any of the Network Tree Co. Services;(b) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any of the Network Tree Co. Services;(c) use any means to discover the source code of the Network Tree Co. Services or to discover the trade secrets in the Network Tree Co. Services; or (d)otherwise circumvent any functionality that controls access to or otherwise protects the Network Tree Co. Services.You are responsible for complying with all laws, rules and regulations (including those relating to internet, data and email privacy) that apply to your use of the Network Tree Co. Services.
3b. NetworkTree’s Responsibilities: Network Tree is responsible for providing the Network Tree Co. Services in accordance with these Terms and all applicable laws, rules and regulations. We will maintain commercially reasonable administrative, physical and technical safeguards intended to protect the security, confidentiality and integrity of information that you provide to or through the Network Tree Co. Services (including Your Content).Network Tree reserves the right but is not obligated to improve, enhance or modify the Network Tree Co. Services. We will notify you in advance of changes to the Network Tree Co. Services that may significantly adversely affect the manner in which you use the Network TreeCo. Services or the manner in which the Network Tree Co. Services perform. Network Tree is not responsiblefor the content of Other Services or for losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees (“Claims”) arising from your use of content, information, web sites, software, services and other materials of third parties with which you may interact when you use the Network Tree Co. Services (collectively, “Other Services”). YOU ACCESS OTHER SERVICES ENTIRELY AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH TERMS AND CONDITIONS APPLICABLE TO YOUR ACCESS AND USE OF OTHER SERVICES.
4. Availability:
We use commercially reasonable efforts to make the Network Tree Co. Services available to you 24 hours per day, seven (7) days per week, excluding scheduled maintenance time, unavailability caused by you or any software, hardware or service not provided by us, emergency maintenance and/or any cause beyond our reasonable control (including without limitation nature disasters, wars, terrorist act, civil disturbances, acts of any government or agency thereof, strikes or other labor problems, Internet service or other third party service providers’ failures ordelays and systemic electrical, telecommunications or other utility outages or failures).
5. Limitations:
Network Tree Co. Services are subject to reasonable limitations and other limitations, as specified withinthe Network Tree Co. Services or the applicable Order Form(s).
6. Use of Service:
The Service is provided for your personal and non-commercialuse only. You agree not to misuse the Service or help anyone else to do so. Specifically, you agree not to: Use the Service for any unlawful purposes or for promotionof illegal activities. Access or tamper with non-public areas of the Service, our computer systems, or the technical delivery systems of our providers. Test the vulnerability of any system or network or breach orcircumvent any security or authentication measures. Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Service. The Network Tree Co. Services allow you to upload, transmit and use information and other content to and through the Network Tree Co. Services (collectively, “Your Content”). You are solely responsible for the accuracy, quality, legality and means by which you acquired Your Content. You understand that Network Tree will use Your Contentto provide the Network Tree Co. Services to you. You have or will obtain all rights necessary to provide Your Content to Network Tree. You grant NetworkTree license to use, reproduce, transmit, display and adapt your Content as necessary for Network Tree to provide the Network Tree Co. Services to you in accordance with these Terms.
7. Fees:
You may pay Network Tree for the NetworkTree Co. Services at the then-current rates as described at https://networktree.app (“Pricing”). Network Tree reserves the right to change the Fee Schedule upon ten (10) days advanced notice to you. Network Tree does not store, process, or transmit any of your credit card data but relies entirely on thirdparties to handle these functions. You must comply with such third party’s terms made available to you. Payments due for the Network Tree Co. Service maybe subject to the Stripe Services Agreement. If you do not agree to Stripe’s terms, then please do not sign up for the Network Tree Co. Service. If purchased, your Premium Service ("Network Tree Premium") will not be activated until your first payment is received. Payments are due in accordance with the Fee Schedule, often annually or monthly in advance. Fees are automatically charged to the credit card that you provided when you registered for the Network Tree Service. Additional Fees will be charged to you on a pro rata basis in the event that you add any additional licenses or seats or upgrade your NetworkTree Co. Service during a Network Tree Premium subscription term. To cancel the Network Tree Co. Service, visit your My Account page and click the 'Cancel Subscription' link. We begin to process cancellation requests immediately, but your credit card provider may require several days to process your cancellation request. Any cancellation would take effect at the end of the current term and no refunds shall be provided. We are not responsible for delays caused by your credit card company. If payment in full of any amount owed to Network Tree under these Terms is not received by Network Tree after such payment has become due, such amounts will there after bear interest at the rate 0.05% per day or the maximum rate permitted by applicable law, whichever is less. If any payment due Network Tree is collected at law or through an attorney at law or under advice there from or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' fees.
8. Warranties:
We warrant that we have validly entered into these Terms and have the legal power to do so. You warrant that(i) you have validly entered into these Terms and have the legal power to do so and (ii) you have all necessary rights, licenses, consents and permissions to use Your Content with the Network Tree Co. Services.
9. Intellectual Property:
All rights, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Network Tree and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the Network Tree name or any of the Network Tree trademarks, logos, domain names, and other distinctive brand features.
10. Privacy:
Your privacy is important to us. Our Privacy Policy explainshow we collect, use, and share your information. By using the Service, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.Without limiting the terms of ourPrivacy Policy, you understand that (i) we do not guarantee that your use ofthe Network Tree Co. Services and/or Your Content will be private or secure and we are not responsible or liable to you for any lack of privacy or security that you may experience and (ii) we may use Your Content, including personally identifiable information to provide the Network Tree Co. Services, which may include any and all the features available at https://www.networktree.app. We may also analyze Your Content and derive insights from such analysis (collectively, “Analytical Data”). Network Tree may use and distribute such Analytical Data for purposes of product development, product insights and for improving its products and services provided that such Analytical Data is in an aggregated, de-identified (anonymized) form that would not permit a third party to identify the data as associated with you or Your Content. Network Tree may share this Analytical Data in the Network Tree Co. Service, with our email subscribers and in marketing material. For sake of clarity, the Analytical Data will not containany personally identifiable information. Network Tree retains all Intellectual Property Rights in such Analytical Data. Information collected by your internet or mobile service provider and other third parties is used, stored, transferredand disclosed pursuant to your internet or mobile service provider’s or the third party’s terms, policies and practices. We encourage you to carefully consider disclosure of any information that might be accessible to others. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Network Tree Co. Services.
10a. Network Tree use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements. https://developers.google.com/terms/api-services-user-data-policy
11. Changes to the Service:
Network Tree reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Network Tree shall not be liable to you or to any thirdparty for any modification, suspension, or discontinuance of the Service.
12. Termination:
We may terminate or suspend your access to our Serviceimmediately, without prior notice or liability, for any reason whatsoever,including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. Governing Law:
These Terms shall be governed and construed in accordancewith the laws of the United States or any other relevant jurisdiction, withoutregard to its conflict of law provisions. U.S. Government Restricted Rights. The Network Tree Co. Services are “commercial computer software” and “commercial computer softwaredocumentation” as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the NetworkTree Co. Services by or on behalf of the U.S. Government is subject torestrictions as set forth in these Terms.
14. Changes to Terms:
We reserve the right, at our sole discretion, to modify orreplace these Terms at any time. By continuing to access or use our Serviceafter those revisions become effective, you agree to be bound by the revised terms.
Questions
If you have any questions about these Terms, please contactus via email at hello@networktree.app