Last revised: March 13, 2025
Effective date: May 19, 2022
Thank you for using Pathfix by Pathfix, Inc., a Delaware corporation. This Subscription Agreement (hereinafter referred to as this “Agreement” or these “Terms”) contains the terms and conditions upon which Pathfix, Inc. (“Pathfix” or “we” or “us” or “our”), having our principal place of business at 2035 Sunset Lake Road Newark, US 19702, provide our customers with access to and use of (i) our Site – https://pathfix.com/, (ii) our integration platforms, products, Software As A Service (SAAS) applications and services; and (iii) training and support services, collectively called the “Services”.
This Agreement constitutes a legally binding contract on You (being a person or legal entity who is a user or subscriber of our Services) and governs the use of and access to the Services by You. Please read this Agreement carefully as it contains important information about your legal rights, remedies, and obligations.
By accepting this Agreement, by using or subscribing to any of the Services or permitting any agent or end-user to access or use a Service, You agree to be bound by this Agreement. You hereby represent and warrant that you have the lawful authority and capacity to enter into this Agreement. If You are signing up as a company, organization or any other legal entity (“Entity”), you are agreeing to this agreement for that Entity and representing to Pathfix that You have the authority to enter into this Agreement and bind such Entity and its affiliates to this Agreement. If You do not agree to this Agreement, then You may not access or use any of the Services.
For the purposes of this Agreement (i) Pathfix and You shall sometimes be individually referred to as “Party” and collectively as “Parties”; (ii) all references to either Party shall, unless repugnant to the context, be deemed to include their respective successors, assigns, heirs or legal representatives as the case may; (iii) to the extent there are any capitalized terms that not been defined in the body of this Agreement, the same shall have the meanings ascribed to them by common usage; and (iv) Any exhibits or annexures of this Agreement shall be deemed to form part of this Agreement.
1. Modification of terms and conditions
We may update or modify these Terms from time to time. The updated version of the Terms will be available on our website. If any modification, in our sole discretion, is of such a nature that it shall materially affect Your rights, we shall use reasonable efforts to notify You (for example, by sending an email to the email address associated with Your account). By continuing to access the Services after the effective date of the modification to these Terms, You agree to be bound by the modified Terms. If You do not agree to any of the revised Terms, You must stop accessing and using the Services.
2. Payment Terms and Fees
You shall be liable for payment of fees as per our pricing for your selected user subscription plan (“Fees”) available at https://pathfix.com/pricing/. You shall be entitled to receive Services as per the selected plan. The billing cycle shall start from the first day You make your payment according to Your selected plan. Unless otherwise agreed by the Parties, the selected subscription will be billed in advance on a monthly basis, starting on the first payment.
Your subscription is set at auto-renew at the end of Your billing cycle. Unless You cancel Your subscription to Your selected subscription plan before the next billing date, You authorize Pathfix to charge You for the next billing cycle. If a payment for Your next billing cycle is not processed successfully due to events including but not limited to expiration of Your credit card or insufficiency of funds and You do not terminate your account, We may suspend your access to the Services until such Fees have been paid.
2a. Changes to Subscription Fees
We reserve the right to modify the subscription fee for our software solution at any time. Such changes may be necessary due to various factors, including but not limited to increased operational costs, changes in market conditions, or the introduction of new features and services. Any adjustment to the subscription fee will be implemented in accordance with the terms outlined below.
In the event of a fee change, we will provide a minimum notice period of 15 days before the adjustment takes effect for ongoing subscriptions. This notification will be communicated through one or more of the following methods: email, chat conversation, in-app notification, or as part of an update to our terms. The notification will include details of the revised subscription fee, the effective date of the change, and the reason for the adjustment.
You will have a period of 5 days from the date of notification to object to the fee change. If You choose to object, You have the option to cancel Your subscription, with the cancellation taking effect at the end of Your current billing period or at the end of Your current contract cycle. If no objection is raised within the specified period, continued use of the service will be considered as acceptance of the revised subscription fee
3. Your Data
You may upload or transmit or give us access to your data, information, files, content or material while using the Services (“Your Data”). You are the owner of Your Data. You are solely responsible for the accuracy, quality, content, appropriateness and legality of Your Data.
This Agreement does not transfer any intellectual property rights of Your Data to us except for the limited rights that are required to run the Services. We sometimes need Your permission to do things You may ask us to do with Your Data, for example, storing Your data or sharing them with Your contacts. This also applies to functionalities within the Services such as backing up of Your Data or using Your Data to enhance or improve the Services or for responding to any technical or service issues. You give us the permissions we need to use Your Data to do those activities solely to provide the Services. You must ensure you have the rights required to grant us such permission. This permission also extends to trusted third parties we work with to provide the Services.
The Services contain features that may allow You to share Your Data with others or to make it public. Please be careful and consider what You choose to share and/or make public. Pathfix does not take any responsibility for such activities.
You are solely responsible for the collection, disclosure and protection of Your Data while using the Services. To the maximum extent permitted by law, Pathfix shall not be responsible for any loss or damage or disclosure of Your Data.
Upon termination or suspension of the Services, Pathfix shall provide all Your Data on a written request from You within 30 (thirty) days of such termination or suspension. At the end of such term, Pathfix may delete all of Your Data. Please note that some information from Your Data such as billing information and subscription related information may be retained by us for legal, marketing and accounting reasons.
4. Account Security
In order to access the Services, the password is set through the authentication SSO services provided by software supported SSO integrations such as GitHub, Microsoft, Google, Twitter, etc. You are responsible for safeguarding the password that You use to access the Services and You agree not to disclose Your password to any third party. You are responsible for any activity using Your account, whether or not You authorized that activity. You should immediately notify Pathfix of any actual or suspected theft, loss or unauthorized use of Your account or password. You acknowledge that if you wish to protect your transmission of data and files to Pathfix, it is your responsibility to use a secure encrypted connection to communicate with the Services.
4a. Access and Refresh Tokens
As part of Pathfix services, all tokens including access and refresh tokens against a connected user accounts will be managed and maintained by Pathfix. Under no circumstance will the Tokens be extracted or shared with anyone, including the account owner. As the account owner, you may request for deletion of tokens which will be initiated by Pathfix only when you have deactivated or cancelled your Pathfix account and subscription.
4b. Data Log Retention
We retain API activity logs for a period of 24 hours, during which they remain accessible to You in the Activity section under each Application. These logs provide valuable insights into API activity and serve as a debugging tool in case of any issues with Your API calls. After the 24-hour period, logs are automatically removed from our systems and will no longer be accessible.
We continuously improve our log retention infrastructure to enhance the speed and efficiency of data access, ensuring a seamless experience for You to access these logs for monitoring and troubleshooting purposes.
5. Acceptable Use Policy
You shall not, and shall not attempt to or facilitate others to misuse the Services, and will use the Services only in a manner consistent with these Terms. You are responsible and liable for all uses of the Services under Your account including without limitation, compliance with all applicable laws and regulations and third party terms.
You shall not :
a) adversely impact the availability, reliability or stability of the Services or any third party apps or websites that integrate with the Services, and related systems, network or data;
b) bypass, tamper with, break or attempt to interfere with any security mechanism on the Services or any third party websites and platforms integrated with the Services;
c) use any means (whether electronic or manual or otherwise) to bypass the limitations and restrictions on Your use of the Services;
d) Store, post, transmit or share any information or content in using the Services that infringes the Intellectual Property rights of Pathfix or any other third party; or contains viruses, trojan horses, worms or any other malicious and harmful programmes or codes; or contains any information which is illegal, obscene, defamatory, fraudulent, threatening or causes damage to others.
In addition, You agree not to, directly or indirectly: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas or algorithms of the Services or any software, documentation or data related to or provided with the Services (“Software”); (b) modify, translate, or create derivative works based on the Services or Software; or copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or Software; (c) use or access the Services to build or support, and/or assist a third party in building or supporting, products or services competitive to Pathfix; or (d) otherwise use the Services or Software outside of the scope of the rights expressly granted herein.
6. Intellectual Property
Intellectual Property of Pathfix. “Intellectual Property” shall mean any current or future worldwide rights under any patent, copyright, trademark, or trade secret; any moral rights or any similar rights. Nothing under these Terms gives You any right, title or interest in the Services, software, or any other Pathfix Intellectual Property. Except for Third Party Content (defined hereunder) and Your Data. Pathfix owns all Intellectual Property rights in the Services, including all modifications, updates, upgrades, derivative works, extensions and components thereof.
Third Party Content. In addition to Pathfix content, the Services may also include materials, contents and/or information provided by third parties (collectively “Third Party Content”). Such Third Party Content is the property of their respective owner(s). Your use of our Services does not grant You any right or license to use or reproduce any such Third Party Content, without the consent of such third party.
Trademarks. Pathfix’s name, trademarks, logos, and any other Pathfix product, service name, or slogan included in the Service are Intellectual Property of Pathfix and may not be copied, imitated, or used (in whole or in part), without Pathfix’s prior written consent. The use of any third party logos, names and service marks in the Services is intended to denote interoperability and does not constitute an affiliation by Pathfix and its licensors with such company or an endorsement or approval by such company of Pathfix or its licensors or their respective products or services. You hereby grant Pathfix the right to identify You as a customer of Pathfix and to use your logo and/or trademark for that purpose.
Feedback. From time to time, You may provide us feedback, suggestions or recommendations related to our Services (collectively “Feedback”). While we truly appreciate Your Feedback, please note that such Feedback shall be treated as non confidential. Pathfix may freely use and incorporate into Services any Feedback provided by You without any obligation, payment, or restriction based on intellectual property rights or otherwise.
7. Term and Termination
Your subscription for your selected Services plan shall continue until terminated. Though we would love you to remain connected with us, You may stop using our Services at any time by contacting us at support@pathfix.com.
We reserve the right to suspend or terminate the Services at any time, with or without cause.If we suspend or terminate your use of the Services, we will try to notify You and help You retrieve a copy of Your Data; however, You understand that there may be some cases (including but not limited to directions from a court order, repeated violation by You of these Terms or Your use of the Services causing damage to any other party(ies)), where we may suspend the Services immediately without notice.
All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.
8. Confidential Information
Confidential Information: Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Services, which would include any information that one would reasonably understand to be confidential given the nature of the information and the circumstances of disclosure, as well as non-public business, product, technology and marketing information. If something is marked “Confidential,” that is a clear indicator to the Receiving Party that the material is confidential. Confidential Information shall not include information that (a) is known publicly without any breach of the Receiving Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.
Protection and use of Confidential Information: Except as otherwise expressly permitted under this Agreement, the Receiving Party agrees to keep confidential all information entrusted to it by the Disclosing Party and to protect it at all times by exercising a reasonable degree of care.Receiving Party may disclose Confidential Information to its employees, consultants, advisors, affiliates and contractors who have a strict need to know such information and are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in these Terms.; and (b) not use or disclose any Confidential Information of the Disclosing Party for any purpose outside the scope of the Services and these Terms.
Compelled access or disclosure:The Receiving Party may access or disclose Confidential Information of the Disclosing Party if it is required by law. Before such disclosure, the Receiving Party shall give prior notice to the Disclosing Party.
9. DISCLAIMER OF WARRANTIES
Though we want to provide great Services to You, there are certain things about the Services which we cannot promise.
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
We may choose to review public content for compliance with our community guidelines, but You acknowledge that Pathfix has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of data and files, user posts, or any other information You may be able to access using the Services.
PATHFIX DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. PATHFIX SHALL NOT BE RESPONSIBLE FOR ANY HARM CAUSED TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA OR OTHER SUCH HARM THAT RESULTS FROM THE ACCESS AND USE OF THE SERVICES.
PATHFIX FURTHER DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. PATHFIX IS TRANSPARENT WITH DOWNTIMES IN ITS SERVICES AND YOU CAN CHECK THE STATUS OF THE SERVICES AT ANY TIME ON HTTPS://STATUS.PATHFIX.COM/. YOU AGREE THAT PATHFIX WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS CAUSED IN THE EVENT OF SUCH INTERRUPTIONS.
10. Third Party Platforms and services
You understand and agree that the Services may contain or enable links or integrations to third party websites, platforms and services.You agree that Pathfix does not have control over such third party services and products and that Pathfix provides such links and integrations in its Services solely for your convenience. Pathfix cannot and does not take any responsibility for, nor makes any warranty on behalf of, such third party websites and services. Pathfix further does not endorse and shall not be responsible or liable for the availability, accuracy, content, reliability or services of such third party websites, products and services. You are solely responsible for your use of such third party services.
When You use such third party services, the terms and conditions of such website or service will apply to You. You are required to read the terms and conditions of these third party websites and services before using them.
11. Indemnity
YOUR INDEMNIFICATION OBLIGATIONS. YOU HEREBY IRREVOCABLY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PATHFIX AND ITS AFFILIATES,OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES (AND ANY OF THE SUCCESSORS AND ASSIGNS OF THE FOREGOING) FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, ACTIONS, COSTS, DAMAGES, LIABILITIES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES ARISING OUT OF OR RELATED TO (A) ANY THIRD PARTY CLAIMS RESULTING FROM A BREACH BY YOU OF ANY OF THE WARRANTIES, REPRESENTATIONS OR COVENANTS CONTAINED IN THESE TERMS OF SERVICES AND/OR (B) YOUR VIOLATION OF ANY APPLICABLE LAWS IN USING THE SERVICES AND C) YOUR USE OF THE SERVICES
PATHFIX’S INDEMNIFICATION OBLIGATIONS. PATHFIX SHALL INDEMNIFY, DEFEND AND HOLD YOU HARMLESS AGAINST ANY THIRD PARTY CLAIM ALLEGING THAT THE USE OF THE SERVICES INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. THE ABOVE INDEMNIFICATION SHALL BE SUBJECT TO THE CONDITION THAT A) YOU GIVE PROMPT WRITTEN NOTICE OF SUCH CLAIM TO PATHFIX; B) GIVE PATHFIX SOLE CONTROL OVER THE DEFENSE AND SETTLEMENT OF THE CLAIM, AND C) PROVIDE PATHFIX WITH ALL REASONABLE COOPERATION AND ASSISTANCE IN CONNECTION WITH DEFENCE OF SUCH CLAIM.
IN NO EVENT, SHALL PATHFIX HAVE ANY OBLIGATION OR LIABILITY UNDER THIS SECTION ARISING FROM: 1) USE OF THE SERVICES IN IN A MODIFIED FORM OR IN COMBINATION WITH ANY MATERIALS OR SERVICES NOT PROVIDED BY PATHFIX; 2) YOUR DATA AND 3) USING SERVICES FOR PURPOSES FOR WHICH IT WAS NOT DESIGNED OR INTENDED. IF DUE TO A CLAIM OF INFRINGEMENT, THE SERVICES ARE HELD TO BE INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY BY A COURT OF COMPETENT JURISDICTION OR ARE BELIEVED BY PATHFIX TO BE INFRINGING, PATHFIX MAY, AT ITS OPTION, (A) OBTAIN FOR YOU THE RIGHT TO CONTINUE USING THE SERVICES; OR (B) REPLACE OR MODIFY THE SERVICES SO THAT THEY ARE NO LONGER INFRINGING; OR (C) IF NEITHER OF THE FOREGOING IS COMMERCIALLY PRACTICABLE, TERMINATE THIS AGREEMENT AND YOUR RIGHTS HEREUNDER AND PROVIDE YOU A REFUND OF ANY PREPAID, UNUSED FEES FOR THE SERVICES. THIS INDEMNITY IS YOUR ONLY REMEDY UNDER THIS AGREEMENT FOR ANY VIOLATION BY PATHFIX OF ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
12. Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL PATHFIX BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PATHFIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PATHFIX RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE.
IN NO EVENT SHALL PATHFIX’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE LAST 3 (THREE) MONTHS FEES PAID BY YOU TOWARDS SUCH SERVICE.
AS SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY IN CERTAIN INSTANCES, PORTIONS OF THE ABOVE RESTRICTION OUTLINED IN THIS SECTION MAY NOT APPLY TO YOU.
13. Data Privacy
The treatment of Your Personal Data (personally identifiable information) shall be governed by our Privacy Policy, located at https://pathfix.com/privacy/, which is incorporated by reference into this Agreement.
14. Force Majeure
Neither party (excluding payment obligations) shall be required to comply with any obligation under this Agreement if such compliance is impeded by any event of Force Majeure as hereinafter defined. Events of Force Majeure shall mean an event which is beyond the control of the affected Party and which such Party could not anticipate or mitigate by any prudent means. Notwithstanding the preceding, if either Party is affected by an event of Force Majeure it shall take all reasonable steps to minimize the impact of the Force Majeure on the other party and to reduce the period of the effect of the force majeure event to the minimum.
15. Governing law and jurisdiction
This Agreement shall be governed and construed according to the laws of the State of Delaware, United States of America.
In the event of a dispute relating to this Agreement, You shall first submit such dispute for discussion and resolution to Pathfix in order to come to a mutually agreeable solution. If such a solution is not possible, within ten (10) days of submission, then You and Pathfix agree to try in good faith to settle the dispute by arbitration administered by the American Arbitration Association under its Procedures before resorting to litigation or any other dispute resolution procedure. The arbitration shall be conducted by a sole arbitrator mutually appointed by both [arties. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The place of arbitration shall be Delaware and all proceedings and submissions shall be in English. The decision and award of the arbitrator shall be final and binding on the Parties. If any lawsuit is necessary to enforce any arbitration award or for any other reason, such action shall only be brought only in the state or federal courts located in Delaware, and You and Pathfix hereto consent to the jurisdiction of such courts.
16. Miscellaneous
a. Entire Agreement. These Terms constitute the entire agreement between You and Pathfix. No other agreements, representations or warranties have been made to You with respect to the subject matter of this Agreement, except as referenced herein.
b. Assignment. Pathfix may assign its rights and obligations under these Terms without any notification or requirement to obtain Your consent. You, however, may not assign these Terms without the prior written consent of Pathfix.
c. Succession. These Terms will be binding upon and will inure to the benefit of the Parties, their successors and permitted assigns
d. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of this Agreement shall remain and be in full force and effect.
17. Contact us
Please contact us if You have any questions regarding these Terms and/or to report any violations of these Terms. You can reach out to us on : support@pathfix.com
You agree to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with the Service (“Communications”). We may provide Communications in a variety of ways, including by e-mail or by posting them on the Pathfix website. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Notices to Pathfix shall be addressed as follows: support@pathfix.com