Our Terms Of Service
Thank you for using Pathfix by Pathfix, Inc., a Delaware corporation. These terms of service (the “Terms”) govern your access to and use of Pathfix’s (“Pathfix,” “we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services.
THE TERMS OF SERVICE (“TOS”) SET FORTH HEREIN CONSTITUTES AN AGREEMENT BETWEEN YOU AND US (“AGREEMENT”). THIS AGREEMENT IS A LEGAL, BINDING, ENFORCEABLE AGREEMENT BETWEEN PATHFIX, INC., A DELAWARE CORPORATION (REFERRED TO AS “PATHFIX”, “COMPANY”, “WE”, “US” OR “OUR”) AND YOU, ANY PERSON, USER, INDIVIDUAL, COMPANY OR BUSINESS ENTITY, WHO USES OUR APPLICATIONS AND PRODUCTS (COLLECTIVELY “PRODUCTS”) (INITIALLY THE PATHFIX APPLICATION (HEREINAFTER REFERRED TO AS “Pathfix”) (As defined below), SUBSCRIBES TO THE SERVICES (As defined below) AND/OR USES OUR PRODUCTS OR SERVICES (HEREINAFTER REFERRED TO AS THE “YOU”, “SUBSCRIBER” “YOU” OR “YOUR”).
BY AUTHORIZING THE USAGE OF PATHFIX YOU AGREE TO BE BOUND BY THE TOS SET FORTH HEREIN. BY USING PATHFIX OR OUR OTHER PRODUCTS AND SERVICES, YOU AGREE TO BE BOUND BY THE TOS SET FORTH HEREIN.
By accepting the terms , or simply using Pathfix or any of the other APPLICATIONS, PRODUCT or Services FROM PATHFIX, and/or subscribing to the Services (A) You agree to follow and be bound by the terms and conditions of this Agreement (B) You hereby represent and warrant that you have the lawful authority and capacity to enter into this Agreement. If You are entering into this Agreement on behalf of a company, a limited liability company, a partnership or any other legal entity, You represent that You have the authority to bind such entity to the terms and conditions of this Agreement and, in such event, “You” and “Your” as used in this Agreement shall refer to such entity.
We agree to allow you to use Pathfix and/or our other Products and Services FROM PATHFIX subject to your commitment to be in compliance and continue to comply with the terms and conditions set forth in this Agreement.
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.
By using our Services you provide us with data, information and files that you submit to Pathfix (together, “your stuff”). You retain full ownership to your stuff. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your stuff or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your stuff, for example, storing your data, files or sharing them with your contacts at your discretion. This includes product features visible to you, for example, views of your data. It also includes design choices we make to technically administer our Services, for example, how we securely share and redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
You are solely responsible for your conduct, the content of your data and files, and your communications while sharing data and files with others using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
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.
The Services provide features that allow you to share your stuff with others or to make it public. There are many things that users may do with that stuff (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Pathfix has no responsibility for that activity.
Data, Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share data & files unless you have the right to do so. You, not Pathfix, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not Pathfix, are responsible for maintaining and protecting all of your stuff. Pathfix will not be liable for any loss or corruption of your stuff, or for any costs or expenses associated with backing up or restoring any of your stuff.
The password is through the authentication SSO services provided by software supported SSO integrations such as Slack, Microsoft, Google, Facebook 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 unauthorized use of your account. 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.
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Pathfix trademarks, logos, domain names, or other brand features.
Pathfix’s name, trademarks, logos, and any other Pathfix product, service name, or slogan included in the Service are property of Pathfix and may not be copied, imitated, or used (in whole or in part) without Pathfix’s prior written consent. The look and feel of the Service and the Site, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of Pathfix and may not be copied, imitated, or used (in whole or in part) without Pathfix’s prior written consent.
All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks 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 will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Pathfix use policy.
The Services may contain links to third-party websites or resources. Pathfix does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
Termination, though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Pathfix will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PATHFIX, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PATHFIX HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $30 OR THE AMOUNTS PAID BY YOU TO PATHFIX FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
The export and re-export of the Software may be controlled by the United States Export Administration Regulations. The Software may not be used in Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the Software. In addition, the Software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
The User agrees to indemnify, defend and hold harmless Pathfix, its officers, directors, employees, parents, subsidiaries, agents, affiliates and business partners and/or licensors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses including reasonable attorneys’ fees arising from: any violation of these Terms, the User’s content, information and other materials that the User or anyone using the User’s account post on the Service or transmit to other users, the User’s use of information, content, materials and products (including software) made available by the Service, or, the User’s violation of any rights of another.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause), legal suit, action or proceeding arising out of, or related to, this Agreement or the Services between you and Pathfix and our employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Claims shall be exclusively brought in the state or federal courts located in Santa Clara County, California. Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the website, and shall not be effective as to any claim of which you provided the Company with written notice prior to the date of termination.
All matters relating to the Services and this Agreement and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) except that the arbitration provision shall be governed by the Federal Arbitration Act.
Pathfix reserves the right to make changes to the Service, policies and these Terms. If any part of these Terms is ruled to be invalid, void or for any reason unenforceable, then such part shall be deemed severable or limited to the minimum extent necessary. The remainder of these Terms shall remain and be in full force and effect.