Terms of Service and Licensing Agreement

1 - Usability

1.1 Frameable constantly strives to improve its Products and reserves the right to update, enhance, or introduce new functionality. These changes may affect the user experience.

1.2 Interaction with any Products, whether free or paid Products, shall be predicated on this explicit agreement by the User to accept changes to the Products going forward, according to the company’s judgment and timetable, unless otherwise agreed to in writing.

2 - Privacy Policy

2.1 You acknowledge that our current privacy policy is hereby incorporated into this contract, and can be found here: https://www.overlookmaps.com/privacy-policy.

3 - Plans and Billing

3.1 Products made available for free are currently available to any user who installs or loads them. Paid plans and products are available to anyone who elects to pay on a one time, monthly, annual, or customized term basis, on the product-specific pricing available. Plans and pricing are in U.S. dollars, in some cases are listed on the website along with the plan details, and are subject to change without notice.

3.2 Frameable uses third party services to process all payments. Frameable does not ever possess or save any of the credit card or banking information provided to us by our customers: this information is passed directly and securely to the processor.

4 - Interacting with our Products

4.1 You agree not to interact with or direct any interaction with our Products through any automated means, including bots, spiders, or crawlers, except as specified by the corresponding robots.txt file, if one exists.

4.2 You agree that you will not disrupt or attempt to disrupt the Company’s ability to conduct business or serve any of its free or paid users, or its employees.

4.3 You understand that the Company may transmit data you provide over public or publicly accessible networks, to our payment processors or storage providers. You understand that these transmissions will take place according to the strongest available encryption standards accepted by each vendor but that the Company does not make any guarantees or warranty about meeting any particular standard beyond those specified and supported by the vendors.

5 - Publicity

5.1 Frameable reserves the right to identify your organization by name and/or logo on our websites and in other materials if you are or have been a free or paid user. You may contact the Company at any time and request the Company not do so.

6 - Security

6.1 You agree to keep your account information and password confidential at all times, and to notify the Company if you believe your account may have been accessed by someone other than yourself.

6.2 You are solely responsible for all activity which occurs in your account.

6.3 Frameable may use Microsoft Azure or Amazon Web Services to host (1) data provided to us by our users directly, and (2) data created by some of the users’ interactions with our graphical user interface. More information on applicable data security standards and protocols can be found here: https://aws.amazon.com/security/, https://learn.microsoft.com/en-us/azure/security/.

6.4 Additional information about how we keep data secure can be found on our Security page here: https://www.frameable.com/security

7 - Intellectual Property

7.1 Frameable forbids any user from using our Products in a manner which violates intellectual property laws and/or rights. The Company reserves the right to remove any infringing content without warning. Furthermore, the Company reserves the right to close any user’s account in order to investigate claims of infringement, or because an internal investigation was conclusive that infringement took place.

7.2 Anyone who believes a user of our Products has violated their intellectual property should notify the Company, consistent with the forms and procedures set forth in the Digital Millennium Copyright Act (DMCA).

8 - Warranty

8.1 Mutual Warranties. Each party represents and warrants to the other that: this Agreement has been duly executed and delivered and constitutes a valid and binding agreement enforceable against such party in accordance with its terms; and no authorization or approval from any third party is required in connection with such party’s execution, delivery, or performance of this Agreement.

8.2 Company makes no other warranty of any kind whether expressed, or implied, (either by fact or by operation of law), or statutory, with respect to the product or any other matter whatsoever.

9 - Venue

9.1 This Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of New York, U.S.A., without reference to its choice of law rules and not including the provisions of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in New York County, New York in connection with any action arising out of or in connection with this Agreement.

9.2 Further, in the event that any Party brings an action in a court of law which is dismissed, such Party shall be required to pay all costs of the other Party relating to defending such action, including but not limited to court costs and reasonable attorneys’ fees and expenses.

10 - Termination and Survivability

10.1 This Agreement will continue to apply until you close your account, notify the Company in writing, and have received a confirmation from the Company that notice was received and processed.

10.2 For purposes of written notice, you may email us. Frameable may provide you with notices by email, regular mail, or by posting information on the product website(s).

10.3 Frameable may terminate this Agreement with you at any time and with immediate effect for free accounts, and with 3 days’ notice for paid accounts. In the event you cancel a paid event before it takes place, you may reschedule the event within 3 months of the original event, or apply the payment as a credit against a different event on a mutually agreeable date, with no penalty. You acknowledge you are not entitled to a refund for an event that does not take place as scheduled unless it is cancelled by Frameable for technical reasons.

10.4 You may not assign, grant a security interest in, or in any way transfer your rights in this Agreement without the prior written consent of the Company. The Company may freely assign or transfer this Agreement in connection with a change of control, merger, acquisition, sale of assets, or similar transaction. This Agreement shall be binding upon and inure to the benefit of the parties and their respective administrators, successors and assigns.

10.5 This Agreement terminates and supersedes all prior understandings or agreements on matters addressed herein.

11 - Limitation of Liability

11.1 All warranties, whether express or implied, are hereby disclaimed, including, without limitation, the warranties of merchantability and fitness for a particular purpose. You agree that the Products are offered “as-is” and “as-available” and that you are using them at your own risk.

11.2 You agree that Frameable shall not be liable for damages of any kind, regardless of any notice or warnings. If applicable law does not permit the exclusion of damages through this mutually agreed-upon contract, then Frameable’s liability will be limited to the lesser of the maximum extent specified by applicable law or to the amount paid by you to Frameable.

11.3 You acknowledge that successfully using the product you purchased may require training by our Client Success Team. If you elect to forgo any such required training sessions, then you are acknowledging the Company bears no responsibility for the performance of the product for your purposes.

12 - Changes to this Document

12.1 Company reserves the right to make changes to this Agreement at any time. The most recent version will always be available.

12.2 You understand and agree that by using the Company’s Products you are agreeing to the terms and conditions which are in effect at the time of use, even if these are different from those which were in place at the time of your purchase or account creation.

12.3 This document was last modified on 17 Oct 2024.