These policies are adapted from the Basecamp open-source policies / CC BY 4.0.
Terms of Service
From everyone at Subsystem, thank you using our service. These Terms of Service ("Terms") govern your use of the Subsystem services, including our website, mobile applications, APIs, and any websites (or portions thereof) or mobile applications that are operated by Subsystem (collectively, the "Services"). This Agreement applies to all visitors, users, and others who access the Services (each, hereafter, a "user"). When we say "Services", we mean any product created and maintained by Subsystem, Inc.
We may update these Terms of Service in the future. 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. By using the Site, you represent and warrant that you are at least 18 years of age and legally able to enter into a binding contract.
You grant Subsystem the right to host, store, use, copy, distribute, modify, display, create derivative works of and incorporate into other works any automations without any restriction or compensation to you. Subsystem may independently license or develop any technology that performs similar tasks as the software, automations, and workflows developed for you.
Intellectual Property Rights
All intellectual property rights in and to the Services, including but not limited to copyrights, trademarks, trade secrets, and patents, are the exclusive property of Subsystem and its licensors. You acknowledge that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You may not copy, reproduce, distribute, or create derivative works from any content, information, or materials made available through the Services, except as expressly authorized by these Terms or with the prior written consent of Subsystem.
Our Service may allow you to submit, post, or share content, including but not limited to text, images, videos, or other materials ("User-Generated Content"). You retain all ownership rights in your User-Generated Content, but by submitting, posting, or sharing it on or through our Service, you grant Subsystem a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, publicly perform, and publicly display your User-Generated Content in connection with the Service and our business, including for promotional purposes. You represent and warrant that you have all necessary rights, licenses, and permissions to grant this license and that your User-Generated Content does not infringe any third-party rights, including but not limited to copyright, trademark, privacy, or publicity rights.
We welcome and encourage your feedback, suggestions, and ideas about the Services ("Feedback"). By submitting Feedback, you grant Subsystem a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, distribute, publicly perform, and publicly display your Feedback in connection with the Service and our business, including for promotional purposes. You acknowledge that Subsystem is under no obligation to implement or use any Feedback you provide, and you waive any right to compensation or attribution related to the use of your Feedback.
Data Privacy and Security
Billing, fees, and subscriptions
Subscription Plans: Our Service is available through various subscription plans, which may include, but are not limited to, monthly or annual plans. You agree to pay the applicable fees for the chosen plan, as well as any applicable taxes.
Payment Methods: You must provide a valid credit card, debit card, or other acceptable payment methods as specified by us during the registration process. By providing your payment information, you authorize us to charge the applicable fees to your chosen payment method.
Automatic Renewal: All subscription plans are set to automatically renew at the end of their respective billing periods. You will be charged the then-current rate for your plan, plus any applicable taxes, unless you cancel your subscription before the renewal date.
Cancellation: You may cancel your subscription at any time by accessing your account settings or by contacting our customer support. Cancellations must be submitted at least 24 hours before the end of the current billing period to avoid being charged for the subsequent period.
Refunds: All fees paid for our Service are non-refundable, except in cases where we may offer a refund at our sole discretion.
Changes to Subscription Plans: We reserve the right to modify our subscription plans, fees, and billing policies at any time. We will provide reasonable notice of any such changes, and your continued use of the Service after the changes take effect will constitute your acceptance of the updated terms.
Late Payments: If we are unable to process your payment for any reason, we reserve the right to suspend or terminate your access to the Service until the outstanding balance is paid in full. We may also charge you a late fee or interest on the overdue amount at the maximum rate permitted by law.
Free Trials and Promotions: We may offer free trials or promotional discounts for our Service from time to time. At the end of the trial or promotional period, your subscription will automatically convert to a paid plan, and you will be billed accordingly. You may cancel your subscription at any time during the trial or promotional period to avoid being charged.
By using our Service, you agree to be bound by the terms outlined in this Billing section.
Services Provided As-Is & Limitation of 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 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.
You and Subsystem mutually agree to resolve through binding arbitration any disputes between the Parties, or between you and any of Subsystem employees, agents, parents, subsidiaries, affiliates, successors, or assigns, exclusively through final and binding arbitration instead of a court or jury trial. By entering into these terms, you waive the right to a trial by jury.
You agree to indemnify, defend, and hold harmless Subsystem, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your User-Generated Content, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
Subsystem reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without notice, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the Services will immediately cease, and you must promptly discontinue all use of the Services. Subsystem will not be liable to you or any third party for any termination of your access to the Services. The provisions of these Terms, which by their nature should survive termination, will continue in full force and effect following termination, including without limitation, Intellectual Property Rights, User-Generated Content, Data Privacy and Security, Indemnification, Governing Law and Jurisdiction, and Contact Information.
Identity & Access
We collect identifying information such as your name, email address, phone number and mailing address. That's just so you can personalize your new account, and we can send you invoices, updates, or other essential information. We won't use your name or company in marketing statements without your permission either.
We ask for your credit card and billing address. That's so we can charge you for service, calculate taxes due, and send you invoices. Your credit card is passed directly to our payment processor and doesn't ever go through our servers. We store a record of the payment transaction, including the last 4 digits of the credit card number and as-of billing address, for account history, invoicing, and billing support.
By using our Service, you agree not to engage in any of the following prohibited activities:
Violate any applicable laws, regulations, or third-party rights, including but not limited to copyright, trademark, trade secret, privacy, or any other proprietary rights.
Upload, transmit, or distribute any material that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, or otherwise objectionable, as determined by us in our sole discretion.
Engage in any activity that is harmful to our Service, users, or third parties, including but not limited to transmitting viruses, malware, or any other harmful code or engaging in phishing, spamming, or any other fraudulent or deceptive practices.
Attempt to gain unauthorized access to any part of our Service, other users' accounts, or computer systems or networks connected to our Service, through hacking, password mining, or any other means.
Use our Service for any purpose that is not expressly permitted by these Terms of Service, or to engage in any activity that interferes with or disrupts the proper functioning of our Service or its infrastructure.
Use any automated system, including but not limited to robots, spiders, or offline readers, to access our Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period using a conventional web browser.
Use our Service for data mining, scraping, or extraction of any kind, without our prior written consent.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Sell, resell, sublicense, or otherwise commercially exploit our Service without our prior written consent.
Use our Service to develop or operate a competing product or service, or otherwise use our Service for any benchmarking or competitive analysis purposes.
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these Prohibited Uses, including without limitation, terminating your access to the Service and reporting you to the relevant authorities.
We log all access to all accounts by full IP address so that we can always verify no unauthorized access has happened. We keep this login data for as long as your product account is active. We also collect Web analytics data through Google Analytics.
We do use persistent first-party cookies to store certain preferences, make it easier for you to use our applications, and support some in-house analytics. We partner with Google for some marketing activities. If you are coming to Subsystem from a Google ad, and are in the United States, Google will send a cookie to your browser to determine whether you visited Subsystem.com because of a particular advertisement you viewed. This enables us to evaluate the effectiveness of these ads.
When you write Subsystem with a question or to ask for help, we keep that correspondence, including the email address, so that we have a history of past correspondences to reference if you reach out in the future.
When we access your information
- To provide products or services you've requested.
- To help you troubleshoot or squash a software bug, with your permission.
- To investigate, prevent, or take action regarding any potential abuses of our site.
Our default practice is to not access your information. The only times we'll ever access or share your info are:
Changes to Service:
Modifications: We reserve the right, at our sole discretion, to modify, suspend, discontinue, or update any aspect of our Service, including but not limited to the features, functionality, content, or availability of the Service, at any time and without prior notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
Updates: We may from time to time release updates, upgrades, patches, or other modifications to our Service, which may include bug fixes, enhancements, new features, or improvements. You acknowledge and agree that we are not obligated to provide any updates or to continue to support or maintain any particular version of the Service.
Compatibility: We do not warrant that any updates or modifications to our Service will be compatible with any hardware, software, systems, or data you may use in connection with the Service. It is your responsibility to ensure that your systems and data are compatible with any changes to the Service.
Notification: We will endeavor to provide reasonable notice of any significant changes to our Service, either by posting a notice on our website, sending an email, or through other appropriate means of communication. However, we are under no obligation to provide such notice, and it is your responsibility to regularly review these Terms of Service to stay informed of any updates.
Continued Use: Your continued use of the Service following any changes constitutes your acceptance of those changes. If you do not agree with any changes to the Service, your sole remedy is to stop using the Service and, if applicable, cancel your subscription.
Subsystem is a US company and all data infrastructure are located in the US. If you have questions about exercising these rights or need assistance, please contact us at support@Subsystem.com
If you have any questions or concerns about these Terms, the Services, or your use thereof, please contact us at support@Subsystem.com. We will make every effort to promptly address and resolve any issues or concerns you may have.