Welcome to Warpspeed, Inc. (WARPSPD). By accessing or using this Site or any of our Apps or Solutions or the Content provided on or through the Site or our Apps or Solutions, or by signing up for any of the services of WARPSPD including the free trial, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site (“Terms of Service”) and our Privacy Policy. You can review the most current version of the Terms of Service at any time at: https://www.WARPSPD.ai/terms_of_service. WARPSPD reserves the right to update and change the Terms of Service by posting updates and changes on the WARPSPD website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. WARPSPD may also make improvements or changes in the products, services, or programs described in this site at any time without notice. The revised Terms of Service and Privacy Policy will be effective when posted. Any new features or tools which are added to the current site or Service shall be also subject to the Terms of Service.
Certain WARPSPD Apps and Solutions have their own Terms of Service published within those apps and solutions. Those policies highlight specific terms and conditions for use of those apps and solutions.
If you have a separate Terms of Service and/or Master Services Agreement signed with WARPSPD, those terms will take precedence over the ones listed here.
You may not purchase or sign up for a free trial of our services, create an account, or access the functionality of WARPSPD if you are our direct competitor, except with our prior written consent. In addition, you may not access the website or any of our services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
This site, all our apps and solutions and all content on those and the functionality of the service may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without WARPSPD prior written consent, except that WARPSPD grants you non-exclusive, non-transferable, permission to access and display the Web pages and use the service provided by this site, solely on your computer. This permission is conditioned on your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions and notices.
We do not claim any intellectual property rights over the material you provide to the WARPSPD service. All material you upload remains yours. You can remove your WARPSPD account at any time by deleting your account. This will also remove all content you have stored on the Service account. We acquire no right, title or interest from you or Your licensors under this Agreement in or to your data, including any intellectual property rights therein
All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in California. You and WARPSPD agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
You agree not to use the Site or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Service, or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. WARPSPD EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, WARPSPD MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless WARPSPD, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Content that you Share, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site, or your violation or infringement of any third party rights.
IN NO EVENT SHALL WARPSPD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.
You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of WARPSPD in violation of any such restrictions, laws or regulations, or without all necessary approvals.
Information WARPSPD publishes on this website may contain references or cross references to WARPSPD products, programs and services that are not announced or available in your country. Such references do not imply that WARPSPD intends to announce or make available such products, programs, or services in your country. Please contact our office using the contact page on this website for further information.
If you have any questions regarding these Terms of Service, please contact us at info@WARPSPD.ai. If you have any other questions, contact information is available at the Contact page on the Site.
In addition to the Terms of Service this Subscription Agreement (“Agreement”) governs the acquisition and use of WARPSPD services.
You may not sign up for a free trial of our services or purchase any of our services, create an account, and access the functionality of WARPSPD if you are our direct competitor, except with our prior written consent. In addition, you may not access the website or any of our services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
If you are accepting this agreement on behalf of an organization or another legal entity, you admit that you have the authority to bind such entity to these terms and conditions. If you do not have or do not know if you have such authority or if you do not agree with the terms and conditions outlined in this agreement you may not use the WARPSPD services. You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy before you start using any of the WARPSPD Services.
This agreement is effective between you and us as of the date you accept this agreement.
Prices for using WARPSPD are subject to change and will be effective after the customers respective current subscription period ends at which point the customers will have the option of renewing their service subscription or cancelling their account. Such notice may be provided at any time by posting the changes to the WARPSPD.ai or as an announcement in your WARPSPD account. WARPSPD shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
This Agreement commences on the date You accept it and continues until all User subscriptions granted in accordance with this Agreement have expired or been terminated. If You elect to use the Services for a free trial period and do not purchase a subscription before the end of that period, this Agreement will terminate at the end of the free trial period.
Except as otherwise specified, all User subscriptions shall automatically renew for additional periods equal to the expiring subscription term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription term. The per-unit pricing during any such renewal term shall be the same as that during the prior term unless We have given You written notice of a pricing increase at least 60 days before the end of such prior term, in which case the pricing increase shall be effective upon renewal and thereafter. Any such pricing increase shall not exceed 10% of the pricing for the relevant Services in the immediately prior subscription term, unless the pricing in such prior term was designated in the relevant Order Form as promotional or one-time.
You agree that your purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by WARPSPD regarding future functionality or features.
Services purchased may not be accessed by more than the specified number of Users paid for at any time. Additional User subscriptions may be added during the applicable subscription term at the same pricing as that for the pre-existing subscriptions, prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added. The added User subscriptions shall terminate on the same date as the pre-existing subscriptions. User subscriptions are for designated Users only and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services.
We shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data. We shall not modify Your Data, disclose Your Data except as compelled by law or as expressly permitted in writing by You, or access Your Data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters.
You shall (i) be responsible for Users’ compliance with this Agreement, (ii) be responsible for the accuracy, quality and legality of Your Data and of the means by which You acquired Your Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and applicable laws and government regulations.
You shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful material, or to store or transmit material in violation of third-party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks.
As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information shall include Your Data; Our Confidential Information shall include the Services; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other than Your Data) shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
The Receiving Party shall use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. Neither party shall disclose the terms of this Agreement or any Order Form to any third party other than its Affiliates and their legal counsel and accountants without the other party’s prior written consent.
The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information.
