Last Updated: July 28, 2021
Summary
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our service. Please read them carefully and reach out to us if you have any questions.
Terms of Service
These Terms govern your access to and use of the products and services we provide through or for ProductFeed.app (“The Service”, or “Service”).
Please read these Terms carefully before accessing or using The Service. By accessing or using any part of The Service, you agree to be bound by all of the Terms and all other operating rules, polices, and procedures that we may publish via The Service from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
1. Definitions
“You” means any individual or entity using The Service. If you use The Service on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using The Service you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
The Service is a software service which is wholly owned by Yak LLC. Your Agreement is between You and the Yak LLC entity. We refer to Yak LLC as "Yak" or "we" throughout these terms.
2. Your Account
When using The Service requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (such as changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Service so you can make informed choices in response.
We may limit your access to The Service until we're able to verify your account information, such as your email address.
You're solely responsible and liable for all activity under your account. You're also fully responsible for maintaining the security of your account (which includes keeping your password secure).
Don't share or misuse your access credentials. Notify us immediately of any unauthorized use of your account, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
3. Fees, Payment, and Renewal
Fees for Paid Subscriptions. Some subscription types are offered for a fee, such as the “Pro” plan (“Paid Service”). By using a Paid Service, you agree to pay the specified fees. The Paid Service includes a recurring fee, which we will bill or charge you in the automatically renewing interval (such as monthly, or annually) you select, on a pre-pay basis until you cancel, which you can do at any time through The Service, or by contacting support.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include any applicable federal, provincial, state, local, or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You're responsible for paying all applicable Taxes relating to your use of The Service.
Payment. If your payment fails, the Paid Service is otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for the Paid Service), or we suspect a payment is fraudulent, we may immediately cancel or downgrade your subscription to the “Free” plan without notice to you.
Automatic Renewal. To ensure uninterrupted service, the Paid Service is automatically renewed. This means that unless you cancel the Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment method we have on record for you to collect the then-applicable subscription fee. By default, the Paid Service will be renewed for the same interval as your original subscription period, so for example, if you purchase a yearly subscription to the “Pro” plan, you'll be charged each year for access for another 12-month period. The date for the automatic renewal is based on the date of the original purchase and cannot be changed.
Cancelling Automatic Renewal. You can cancel your Paid Service at any time on the Billing and Upgrade page in your account, and use the link at the bottom of the page to cancel your subscription.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start changing fees for the Service that were previously free, or remove or update features or functionality that were previously included in the fees. If you don't agree with the changes, you must cancel your Paid Service.
Refunds. Except where required by law, there are no refunds and all payments are final.
4. Intellectual Property
The Agreement doesn't transfer any ProductFeed or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between ProductFeed and you) solely with ProductFeed. Other trademarks, service marks, graphics, and logos used in connection with our Service may be the trademarks of other third parties. Using our Service doesn't grant you any right or license to reproduce or otherwise use any ProductFeed or third-party trademarks.
5. Third-Party Services
While using The Service, you may enable or use services, products, software, or applications developed by a third party (“Third-Party Services”) which are integrated with ProductFeed.
If you use any Third-Party Services, you understand that:
- Third-Party Services aren't vetted, endorsed, or controlled by ProductFeed
- Any use of Third-Party Services are at your own risk, and we won't be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party's terms and policies.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
6. Changes
We may update, change, or discontinue any aspect of our Service at any time. Since we're constantly updating our Service, we sometimes have to change the legal terms under which they're offered. The Agreement may be modified any time ProductFeed posts a revised version. We'll let you know when there are changes: we'll post them here, and update the "Last Updated" date, and we may send you an email or other communication in The Service before the changes become effective. Your continued use of our Service after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Service. To the extent you have an existing subscription, you may be elligible for a refund.
7. Limitation of Liability
In no event will Yak, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Yak under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Yak shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
8. Indemnification
You agree to indemnify and hold harmless Yak, its contractors, employees, directors, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorney's fees, arising out of or related to your use of the Service, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Service.
9. Termination
We may terminate your access to all or any part of The Service at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your account name or subdomain due to prolonged inactivity, (ii) refuse or remove any update content that, in our reasonable opinion, violates any Agreement or ProductFeed policy, or is in any way harmful or objectionable, (iii) terminate or deny access to and use of The Service to any individual or entity for any reason. We will have no obligation to issue a refund of any fees previously paid.
You can stop using The Service at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.