#Terms of Service
Last updated: May 9, 2024
From everyone at Netlandish, thank you for using our products! We build them to
help you do your best work. Many people are using Netlandish
products every day. Because we don't know every one of our customers
personally, we have to put in place some Terms of Service to help keep the ship
afloat.
When we say "Company", "we", "our", or "us" in this document, we are referring
to Netlandish, Inc. as a whole.
When we say "Services", we mean any product created and maintained by
Netlandish, Inc. That includes AnyHow, HelpYouFindMe and
LinkTaco whether delivered within a web browser, desktop application,
mobile application, or another format.
When we say "You" or "your", we are referring to the people or organizations
that own an account with one or more of our Services. We have specific
ownership policies for our products: AnyHow, HelpYouFindMe.
We may update these Terms of Service in the future. You can track all changes
made on our code forge. Typically these changes have been to clarify some
of these terms by linking to an expanded related policy. Whenever we make a
significant change to our policies, we will also announce them on our company
blog.
When you use our Services, now or in the future, you are agreeing to the latest
Terms of Service. That's true for any of our existing and future products and
all features that we add to our Services over time. There may be times where we
do not exercise or enforce any right or provision of the Terms of Service; in
doing so, we are not waiving that right or provision. These terms do contain
a limitation of our liability.
If you violate any of the terms, we may terminate your account. That's a broad
statement and it means you need to place a lot of trust in us. We do our best
to deserve that trust by being open about who we
are, how we work, and keeping an open door
to your feedback.
#Account Terms
- You are responsible for maintaining the security of your account and
password. The Company cannot and will not be liable for any loss or damage
from your failure to comply with this security obligation. We recommend
users set up two-factor authentication for added security. In some of our
Services, we may require it. For help with setting up two-factor
authentication see specific instructions for AnyHow or
HelpYouFindMe.
- You may not use the Services for any purpose outlined in our Use
Restrictions policy.
- You are responsible for all content posted and activity that occurs under
your account. That includes content posted by others who either: (a) have
access to your login credentials; or (b) have their own logins under your
account.
- You must be a human. Accounts registered by "bots" or other automated
methods are not permitted.
#Payment, Refunds, and Plan Changes
- If you are using a free version of one of our Services, it is really free:
we do not ask you for your credit card and — just like for customers who pay
for our Services — we do not sell your data.
- For paid Services that offer a free trial, we explain the length of trial
when you sign up. After the trial period, you need to pay in advance to keep
using the Service. If you do not pay, we will freeze your account and it
will be inaccessible until you make payment. If your account has been frozen
for a while, we will queue it up for auto-cancellation. See our
Cancellation policy for more details.
- If you are upgrading from a free plan to a paid plan, we will charge your
card immediately and your billing cycle starts on the day of upgrade. For
other upgrades or downgrades in plan level, the new rate starts from the
next billing cycle.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing
authorities. Where required, we will collect those taxes on behalf of the
taxing authority and remit those taxes to taxing authorities. Otherwise,
you are responsible for payment of all taxes, levies, or duties.
- We process refunds according to our Fair Refund
policy.
#Cancellation and Termination
- You are solely responsible for properly canceling your account. Within each
of our Services, we provide a simple no-questions-asked cancellation link.
You can find instructions for how to cancel your account in our
Cancellation policy. An email or phone request
to cancel your account is not automatically considered cancellation. If you
need help cancelling your account, you can always [contact our Support
team]({{ site.email_support }}).
- All of your content will be inaccessible from the Services immediately upon
cancellation. Within 30 days, all content will be permanently deleted from
active systems and logs. Within 60 days, all content will be permanently
deleted from our backups. We cannot recover this information once it has
been permanently deleted. If you want to export any data before your account
is cancelled, please send an email to
hello@netlandish.com for assistance.
- If you cancel the Service before the end of your current paid up month, your
cancellation will take effect immediately, and you will not be charged
again. We do not automatically prorate unused time in the last billing
cycle. See our Fair Refund policy for more details.
- We have the right to suspend or terminate your account and refuse any and
all current or future use of our Services for any reason at any time.
Suspension means you and any other users on your account will not be able to
access the account or any content in the account. Termination will
furthermore result in the deletion of your account or your access to your
account, and the forfeiture and relinquishment of all content in your
account. We also reserve the right to refuse the use of the Services to
anyone for any reason at any time. We have this clause because statistically
speaking, out of the hundreds of thousands of accounts on our Services,
there is at least one doing something nefarious. There are some things we
staunchly stand against and this clause is how we exercise that stance. For
more details, see our Use Restrictions policy.
- Verbal, physical, written or other abuse (including threats of abuse or
retribution) of Company employee or officer will result in immediate account
termination.
#Modifications to the Service and Prices
- We make a promise to our customers to support our Services for as long as we
are in control of them or until the last customer leaves the Service. That
means when it comes to security, privacy, and customer support, we will
continue to maintain any legacy Services. Sometimes it becomes technically
impossible to continue a feature or we redesign a part of our Services
because we think it could be better or we decide to close new signups of a
product. We reserve the right at any time to modify or discontinue,
temporarily or permanently, any part of our Services with or without notice.
- Sometimes we change the pricing structure for our products. When we do that,
we tend to exempt existing customers from those changes. However, we may
choose to change the prices for existing customers. If we do so, we will
give at least 30 days notice and will notify you via the email address on
record. We may also post a notice about changes on our websites or the
affected Services themselves.
#Uptime, Security, and Privacy
- Your use of the Services is at your sole risk. We provide these Services on
an "as is" and "as available" basis. We do not offer service-level
agreements for our Services but do take uptime of our applications
seriously.
- We reserve the right to temporarily disable your account if your usage
significantly exceeds the average usage of other customers of the Services.
Of course, we'll reach out to the account owner before taking any action
except in rare cases where the level of use may negatively impact the
performance of the Service for other customers.
- We take many measures to protect and secure your data through backups,
redundancies, and encryption. We enforce encryption for data transmission
from the public Internet. There are some edge cases where we may send your
data through our network unencrypted. Please refer to our Security
Overview for full details and our Security Response
page for how to report a security incident
or threat.
- When you use our Services, you entrust us with your data. We take that trust
to heart. You agree that Netlandish may process your data as described in
our Privacy Policy and for no other purpose. We as
humans can access your data for the following reasons:
- To help you with support requests you make. We'll ask for express
consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated
process partway through. We get automated alerts when such errors occur.
When we can fix the issue and restart automated processing without looking
at any personal data, we do. In rare cases, we have to look at a minimum
amount of personal data to fix the issue. In these rare cases, we aim to
fix the root cause as much as possible to avoid the errors from
reoccurring.
- To safeguard Netlandish. We'll look at logs and metadata as part of
our work to ensure the security of your data and the Services as a whole.
If necessary, we may also access accounts as part of an abuse report
investigation.
- To the extent required by applicable law. As a US company with all
data infrastructure located in the US, we only preserve or share customer
data if compelled by a US government authority with a legally binding
order or proper request under the Stored Communications Act. If a non-US
authority approaches Netlandish for assistance, our default stance is to
refuse unless the order has been approved by the US government, which
compels us to comply through procedures outlined in an established mutual
legal assistance treaty or agreement mechanism. If Netlandish is audited
by a tax authority, we only share the bare minimum billing information
needed to complete the audit.
- We use third party vendors and hosting partners to provide the necessary
hardware, software, networking, storage, and related technology required to run
the Services. You can see a list of all subprocessors who handle
personal data for Netlandish products.
- Under the California Consumer Privacy Act ("CCPA"), Netlandish is a "service
provider", not a "business" or "third party", with respect to your use of the
Services. That means we process any data you share with us only for the purpose
you signed up for and as described in these Terms of Service, Privacy
policy, and other policies. We do not
retain, use, disclose, or sell any of that information for any other commercial
purposes unless we have your explicit permission. And on the flip-side, you
agree to comply with your requirements under the CCPA and not use Netlandish's
Services in a way that violates the regulations.
- These Service Terms incorporate the Netlandish Data Processing Addendum
("DPA"),
when the General Data Protection regulation ("GDPR") applies to your use of
Netlandish Services to process Customer Data as defined in the DPA. The DPA is
effective as of October 5, 2020 and replaces and supersedes any previously
agreed data processing addendum between you and Netlandish Inc. relating to the
GDPR. If you prefer to have an executed copy of the Data Processing Addendum,
you may sign a copy online. Regardless
of whether you execute or not, we protect and secure your data to the high
standards set out in the addendum.
#Copyright and Content Ownership
- All content posted on the Services must comply with U.S. copyright law. We
provide details on how to file a copyright infringement
claim.
- We claim no intellectual property rights over the material you provide to
the Services. All materials uploaded remain yours.
- We do not pre-screen content, but reserve the right (but not the obligation)
in our sole discretion to refuse or remove any content that is available via
the Service.
- The names, look, and feel of the Services are copyright© to the Company. All
rights reserved. You may not duplicate, copy, or reuse any portion of the
HTML, CSS, JavaScript, or visual design elements without express written
permission from the Company. You must request permission to use the
Company's logo or any Service logos for promotional purposes. Please email
us requests to use logos. We reserve the right to rescind this
permission if you violate these Terms of Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Services, use of the Services, or access to the Services
without the express written permission by the Company.
- You must not modify another website so as to falsely imply that it is
associated with the Services or the Company.
#Features and Bugs
We design our Services with care, based on our own experience and the
experiences of customers who share their time and feedback. However, there is
no such thing as a service that pleases everybody. We make no guarantees that
our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any
software, our Services inevitably have some bugs. We track the bugs reported to
us and work through priority ones, especially any related to security or
privacy. Not all reported bugs will get fixed and we don't guarantee completely
error-free Services.
#Services Adaptations and API Terms
We offer Application Program Interfaces ("API"s) for some of our Services
(currently AnyHow). Any use of the API, including through a third-party product
that accesses the Services, is bound by the terms of this agreement plus the
following specific terms:
- You expressly understand and agree that we are not liable for any damages or
losses resulting from your use of the API or third-party products that
access data via the API.
- Third parties may not access and employ the API if the functionality is part
of an application that remotely records, monitors, or reports a Service
user's activity other than time tracking, both inside and outside the
applications. The Company, in its sole discretion, will determine if an
integration service violates this bylaw. A third party that has built and
deployed an integration for the purpose of remote user surveillance will be
required to remove that integration.
- Abuse or excessively frequent requests to the Services via the API may
result in the temporary or permanent suspension of your account's access to
the API. The Company, in its sole discretion, will determine abuse or
excessive usage of the API. If we need to suspend your account's access, we
will attempt to warn the account owner first. If your API usage could or has
caused downtime, we may cut off access without prior notice.
#Liability
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in
law or in equity, to you or to any third party for any direct, indirect,
incidental, lost profits, special, consequential, punitive or exemplary
damages, including, but not limited to, damages for loss of profits, goodwill,
use, data or other intangible losses (even if the Company has been advised of
the possibility of such damages), resulting from: (i) the use or the inability
to use the Services; (ii) the cost of procurement of substitute goods and
services resulting from any goods, data, information or services purchased or
obtained or messages received or transactions entered into through or from the
Services; (iii) unauthorized access to or alteration of your transmissions or
data; (iv) statements or conduct of any third party on the service; (v) or any
other matter relating to this Terms of Service or the Services, whether as a
breach of contract, tort (including negligence whether active or passive), or
any other theory of liability.
In other words: choosing to use our Services does mean you are making a bet on
us. If the bet does not work out, that's on you, not us. We do our darnedest to
be as safe a bet as possible through careful management of the business;
investments in security, infrastructure, and talent; and in general giving a
damn. If you choose to use our Services, thank you for betting on us.
If you have a question about any of the Terms of Service, please contact our
Support team.