Terms of Service
Last Updated: 4/6/2022
Agreement between User and Subscript
Welcome to subscript.com website (the "Site"). The Site is comprised of various web pages operated by Subscript, Inc. ("Subscript" or “we” or “our”). Subscript provides cloud software and applications for businesses to understand and track revenue metrics, and to understand their data in more depth (“Services”). The Site allows an individual or business (“you” or “your” or “Customer” or “User”) to purchase subscription Services. You and Subscript are each referenced to as a “Party” and together as the “Parties.” These terms of service (“Terms” or “Agreement”) govern your access to and use of the Site and Services. Please read the Terms carefully and keep a copy of them for your reference. By using our Site or Services, you are accepting the Terms without modification and are entering an agreement with Subscript. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
THE TERMS CONTAIN MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS WHICH GOVERN THE RESOLUTION OF DISPUTES. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN THE TERMS, PLEASE DO NOT USE THE SITE OR SERVICES.
Visiting the Site or sending emails to Subscript constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
In order to access the Services and certain features of our Site, you may be required to create an account, profile, or download Subscript’s software. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Subscript is not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify Subscript immediately of any unauthorized use of your account or of any other breach in security that you are aware of.
Subscript and its associates reserve the right in its sole discretion, to refuse or cancel unpaid Services; terminate accounts; remove or edit content; restrict, suspend, or terminate your access to any or all of the Site; or cease to provide and maintain the Site, at any time, for any or no reason, with or without prior notice, and without liability. Upon doing so, we may retain or delete any information or content that you provided.
Children Under Thirteen
Subscript does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site or Services only with permission of a parent or guardian.
Links to Third Party Sites and Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Subscript and Subscript is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Subscript is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Subscript of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site’s domain, you hereby acknowledge and consent that Subscript may share such information and data with any third party with whom Subscript has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Subscript or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Subscript grants you a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with these Terms. All rights not expressly granted to you are retained by Subscript, and you may not use the Site or Services in any manner or for any purpose not expressly authorized by these Terms.
If you use the Services for an initial trial period, the right to use the Services is valid only for the designated period determined by Subscript, at its sole discretion, and is designed to allow you to evaluate the Services during such period. Subscript may, in its sole discretion, at any time prior to or during such period, discontinue provision of the Services and terminate the right to use the Services with immediate effect. Upon expiration or termination of such period, your rights under these Terms shall terminate.
Restrictions on Use
As a condition of your use of the Site, you warrant to Subscript that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
You may not access the Services if you or your products or services are competitive with Subscript, except with Subscript’s prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. You will not (a) make any Services available to, or use any Services for the benefit of, anyone other than you, (b) sell, resell, license, sublicense, distribute, transfer, assign, distribute, host, rent, lease, or otherwise commercially exploit any Services, whether in whole or in part, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious 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 any Services or third-party data contained therein, (f) attempt to gain unauthorized access to any Services or its related systems or networks, (g) permit direct or indirect access to or use of any Services in a way that circumvents a contractual usage limit, (h) copy Services or any part, feature, function or user interface thereof, (i) frame or mirror any part of any Services, other than framing on your own intranets or otherwise for your own internal business purposes or as permitted by the Terms, (j) access any Services in order to build a competitive product or service, or (k) reverse engineer any Services (to the extent such restriction is permitted by law).
We do not claim any ownership rights in any text, files, images, photos, video, sounds, software, works of authorship, or other materials created or stored in your user account or our Services (collectively, "Customer Data"). However, you grant to Subscript a worldwide, royalty-free, sublicensable, perpetual, irrevocable license to use, modify, reproduce, and distribute your Customer Data for the limited purpose of providing the Services to you. You represent and warrant that you have the right to disclose or deliver any Customer Data, and that the Customer Data does not infringe any intellectual property rights of any third party.
Any content you upload to our Site is considered nonconfidential and public. Please do not submit any confidential or private information. You agree that any other user of this Site may access, view, store, and reproduce any content you upload to the Site for such user's personal use or otherwise in connection with use of the Site.
If you provide us with any feedback or ideas, you authorize Subscript to use your feedback for any purpose, without any restriction or limitation.
You agree that you are subject to the Confidentiality provisions of the Enterprise Terms (available at: https://www.subscript.com/enterprise-terms), and you do hereby agree to such Confidentiality terms.
Third Party Accounts
You will be able to connect your Subscript account to third party accounts. By connecting your Subscript account to your third party accounts, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Subscript from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Subscript content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Subscript, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of, or inability to use, the Site or Services, any user postings made by you, any Customer Data provided by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Subscript reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Subscript in asserting any available defenses.
In the event the Parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the Parties, in a location mutually agreed upon by the Parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing Party shall be entitled to recover its costs and reasonable attorney's fees. The Parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Subscript agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Disclaimer of Warranties
ALTHOUGH WE HAVE ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON OUR SITE, THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. SUBSCRIPT DOES NOT WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUBSCRIPT, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SUBSCRIPT DOES NOT ENDORSE OR ASSUME RESPONSIBILITY FOR USER CONTENT OR CONDUCT. NOTHING IN THESE TERMS REQUIRE US TO MONITOR THE SITE OR REMOVE ANY INFORMATION.
SUBSCRIPT, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SUBSCRIPT, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOR DOES SUBSCRIPT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED OR THE LOSSES THAT MAY OCCUR FROM USE OF THE SERVICES.
ALL USE OF THIS SITE OR SERVICES IS AT YOUR OWN RISK AND DISCRETION AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUBSCRIPT, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUBSCRIPT, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PORTION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
IN NO EVENT WILL SUBSCRIPT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO AND USE OF THE SERVICES EXCEED $100.
Termination of Services
If your use of the Services is subject to the Enterprise Terms, your use of the Services may be terminated upon the termination of that agreement, or otherwise in accordance with the Enterprise Terms. If your use of the Services is not subject to the Enterprise Terms, Subscript may terminate your license to use the Services with or without cause at any time. Should you breach this Agreement or fail to comply with any term of this Agreement, your right to use the Services shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Services.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site or Services. Use of the Site or Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this Section.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the Parties that this Agreement and all related documents be written in English.
Changes to the Terms
Subscript reserves the right, in its sole discretion, to change the Terms under which the Site and Services are offered. The most current version of the Terms will supersede all previous versions. Subscript encourages you to periodically review the Terms to stay informed of our updates.
Subscript welcomes your questions or comments regarding the Terms at:
2093 PHILADELPHIA PIKE #5554
Claymont, Delaware 19703
Email Address: email@example.com