OUR TERMS OF SERVICE HAVE BEEN REVISED. PLEASE READ CAREFULLY, AS YOUR RIGHTS AND REMEDIES UNDER THESE TERMS MAY BE AFFECTED.
Please read these Terms of Service (the “Terms”) carefully. These Terms govern your access to and use of the websites located at lovelesslabs.com, workabout.io, spec.tacul.ar and su.perglob.al (the “Sites”) and the hosted or downloadable products and services available via the Sites, including the proprietary software “Workabout” and “Superglobal”, that are offered by Loveless Labs LLC (“Loveless Labs”). The Sites and the hosted or downloadable products and services are referred to collectively throughout these Terms as the “Services.”
YOU AGREE BY REGISTERING FOR, ACCESSING, OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH LOVELESS LABS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.
Wherever used in these Terms, “you,” “your,” or similar terms mean the person or legal entity accessing or using the Services. Suppose you are accessing or using the Services on behalf of a company (such as your employer) or other legal entity. In that case, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms.
Loveless Labs reserves the right to modify, supplement, or replace these Terms, effective upon posting the changes on the Sites or notifying you otherwise. Your continued use of the Services following the posting of changes to these Terms or receipt of notice will mean that you accept and agree to such changes. You are responsible for regularly consulting the current version of the Terms before using the Services.
1.1. Subscription. Subject to the terms of this Agreement, Loveless Labs shall use commercially reasonable efforts to provide you with the Services. The Services are available on a free or paid subscription basis. You must select a subscription plan at the time of registration detailing the Services to be provided by Loveless Labs, along with any applicable fees and payment terms (the “Subscription Plan”).
1.2. Registration. To access and use the Services, you must register for a user account by providing login information for a user account with a third-party service provider accepted by Loveless Labs. You agree Loveless Labs may access and retain your user account information with the third-party service provider to manage your user account with Loveless Labs and provide you with the Services.
1.3. Updates and Functionalities. You acknowledge that from time to time, Loveless Labs may apply updates to the Services and that such updates may result in changes in the appearance and/or functionality of the Services (including the addition, modification, or removal of functionality, features, or content), and you agree to such changes. Without limiting the preceding, Loveless Labs may, at its sole discretion, change the functionality associated with specific Subscription Plans, including but not limited to discontinuing all or part of the Services offered on a free subscription basis.
1.4. Permitted Uses. You are responsible for your conduct when using the Services. You agree that you will only use the Services for lawful purposes and in a manner consistent with these Terms and any applicable rules, policies, and guidelines established by Loveless Labs in respect to the Services. Misuse or unauthorized use of the Services and its related systems or networks or any information or material available through the Services is strictly prohibited. Loveless Labs reserves the right, at its sole discretion and without liability or prejudice to any other remedies it may have, to immediately suspend or terminate access by any user who is using, or who Loveless Labs reasonably believes is using, the Services in violation of these Terms.
1.5. Prohibited Uses. Without limiting Section 1.4, you agree not to use the Services to (i) engage in conduct that would constitute a criminal or quasi-criminal offense, that would give rise to civil liability, or that would otherwise violate any applicable local, provincial, state, federal, or international law or accepted Internet protocol; (ii) communicate, transmit, upload, or post information that is inaccurate, incomplete, misleading, false, or defamatory; (iii) communicate, transmit, upload, or post information or material that infringes intellectual property rights, privacy rights, rights of publicity or any other rights of any person; (iv) communicate, transmit, upload, or post material that is obscene, vulgar, pornographic, abusive, threatening, racist, sexist, or otherwise objectionable; (v) attempt to interfere with or gain unauthorized access to the Services or its related systems or networks; (vi) advertise, solicit, or otherwise promote the sale or other distribution of products or services, including produc ts or services that compete with those offered through the Services, without Loveless Labs’ consent; (vii) use or attempt to use the Services to gain unauthorized access to any person’s data or network; or (viii) otherwise use the Services in a manner that could, in the opinion of Loveless Labs, adversely affect the ability of other users to use the Services or the Internet, including posting or transmitting information or data containing worms, viruses, Trojan horses or other disruptive components.
1.6. Third-Party Products and Services. The Services may enable you to access, interact with, or purchase products or services provided by third parties, including from third-party websites or applications linked to or accessible through the Services (“Third-Party Services”). Loveless Labs provides access to Third-Party Services as a convenience only, and such access does not imply any warranties, representations, endorsements, approvals, or verification by Loveless Labs of such Third-Party Services. You acknowledge that the use of Third-Party Services may be subject to the terms and conditions of such Third-Party Services and that any contract entered into or transaction completed through Third-Party Services is between you and the relevant third party.
2.1. Loveless Labs Services. Loveless Labs owns the Services and all intellectual property rights related to the Services. All rights, title, and interest in and to the Services not expressly granted under these Terms are reserved by Loveless Labs. Without limiting the generality of the preceding, Loveless Labs owns the trademarks and design marks, trade dress, domain names, service names, logos, and associated designs (“Trademarks”) used in connection with the Services. Any unauthorized use of the Trademarks is strictly prohibited.
2.2. Feedback. Suppose you submit suggestions, feature requests, comments, or other feedback (“Feedback”) to Loveless Labs regarding the Services. In that case, you agree that Loveless Labs shall have a worldwide, perpetual, irrevocable, unrestricted, unlimited, and fully paid-up right and license to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works of, any Feedback or any ideas or materials contained in or resulting from any Feedback, for any commercial and non-commercial purposes. For greater certainty, you agree that Loveless Labs may use and exploit any Feedback in any way at its sole discretion, without compensation or obligation to you or any other party.
2.3. Subscriber Content. You retain ownership of all information and content (including text, images, video, audio, and other material) that you upload, publish, transmit, link to, or otherwise make available through the Services (“Subscriber Content”). You grant to Loveless Labs a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license, with the right to sublicense, access, use, reproduce, modify, publish, translate, create derivative works from, distribute, disseminate, perform, transmit, display, store, index, and archive Subscriber Content or to incorporate it in other works in any form, media, or technology, for the entire term of any rights that may exist in such Subscriber Content, for any purpose and without compensation or obligation to you or any other party. You are solely responsible for Subscriber Content you upload, publish, transmit, link to, or otherwise make available through the Services. If you are posting Subscriber Content belonging to, generated by, or on behalf of a third party, you warrant that you are authorized to act on behalf of that third party and bind them to these Terms.
3.1. Billing. Suppose you are purchasing a paid subscription for the Services. In that case, you must provide Loveless Labs with a valid credit card or another payment instrument approved by Loveless Labs to pay the subscription fee set out in the Subscription Plan. You agree that Loveless Labs has permission to retain and/or share your submitted payment information with financial institutions and payment processing firms to process your purchase. You agree that Loveless Labs may bill your credit card or another payment instrument approved by Loveless Labs in advance and periodically in accordance with the Subscription Plan.
3.2. Account Changes and Cancellation. You may cancel, upgrade, or downgrade your subscription at any time. (For details on the account change and cancellation procedure, please refer to the instructions available at https://lovelesslabs.com/docs/) Following an upgrade or downgrade of your subscription, you will be charged or issued a credit, as applicable, for the difference in fees between your old and new subscriptions prorated for the number of days remaining in the subscription period. Following the cancellation of your subscription, the service will remain active for the number of days remaining in the subscription period.
3.3. Late Payment. Suppose Loveless Labs does not receive the amounts due under these Terms by the due date in the Subscription Plan. In that case, Loveless Labs may (i) charge interest on such amounts at the rate of 12% per year or the maximum rate permitted by law, whichever is lower, from the date payment was due until the date paid and/or (ii) suspend your access to the Services or cancel your subscription.
6.1. “Confidential Information” means any information or materials of Loveless Labs that are reasonably considered in the circumstances to be confidential or proprietary, including, but not limited to, trade secrets, hardware, software (source code and object code), specifications, designs, plans, drawings, data, prototypes, discoveries, research, developments, processes, procedures, intellectual property, market research, marketing techniques and plans, business plans and strategies, pricing policies and price lists, and financial information or other business and/or technical information and materials, whether in oral, written, electronic, graphic, or machine-readable form. You agree to keep strictly confidential the Confidential Information and not to use or disclose the Confidential Information for any purpose other than as required for your use of the Services.
7.1. Term. These Terms shall commence when you first register for, access, or use the Services and shall continue until your subscription is canceled.
7.2. Termination. You may cancel your subscription per Section 3.2 above and discontinue your use of the Services at any time. Suppose you violate these Terms or any applicable rules, policies, or guidelines established by Loveless Labs concerning the Services or create any legal risk for Loveless Labs through your use of the Services. In that case, Loveless Labs reserves the right to immediately suspend your account or cancel your subscription at its sole discretion and without liability or prejudice to any other remedies it may have. Loveless Labs may also terminate your subscription and/or the provision of the Services at any time, for any reason, or no reason, and without liability, upon not less than thirty (30) days prior written notice. For these purposes, notice will be valid if it is sent to you or posted on the Loveless Labs website.
7.3. Effects of Termination. Upon termination of these Terms for any reason, (i) you shall immediately discontinue your use of the Services, (ii) any rights and licenses granted to you under these Terms will terminate, and (iii) you shall immediately pay Loveless Labs any outstanding amounts. Loveless Labs shall have no further obligation to you.
7.4. Survival. The following will survive termination of these Terms: Sections 2, 3.2, 5, 6, 7.3, 7.4, 8, 9, 10, 11.1, 11.2, and 11.3.
8.1. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOVELESS LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING, LOVELESS LABS EXPRESSLY DISCLAIMS THAT (I) THE SERVICES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (II) THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (III) THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE, RELIABLE, OR USEFUL; AND (IV) ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED. IN ADDITION, LOVELESS LABS EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO (I) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY SUBSCRIBER CONTENT; (II) ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES IN ASSOCIATION OR CONNECTION WITH THE SERVICES, INCLUDING ANY THIRD PARTY SERVICES; (III) ANY HACKING OR OTHER UNAUTHORIZED ACCESS TO, OR USE OF, THE SERVICES; AND (IV) ANY DAMAGE TO YOUR SOFTWARE, COMPUTER SYSTEM, OR OTHER PROPERTY CAUSED BY VIRUSES OR OTHER MALICIOUS CODE AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH OR HARMED BY THE SERVICES, YOUR SOLE, AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE THE USE OF THE SERVICES IN ACCORDANCE WITH SECTION 7.
9.1. YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BY STATUTE, CONTRACT, TORT OR ANY OTHER FORM OF LIABILITY, EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE SERVICES HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE.
9.2. YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LOVELESS LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATE OR OTHER INTANGIBLE LOSSES (EVEN IF LOVELESS LABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO (I) THE USE OF THE INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING ANY CONTENT, PRODUCTS, SERVICES, OFFERINGS, INFORMATION, OR OTHER MATERIAL AVAILABLE THORUGH THE SERVICES; (II) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT; (III) THE SUSPENSION OR TERMINATION OF YOUR ABILITY TO ACCESS THE SERVICES; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES OR FAILURE OF OUR SYSTEMS; (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF OUR SYSTEMS OR YOUR TRANSMISSIONS, DATA, AND/OR PERSONAL INFORMATION; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SITES; (VIII) ANY BUGS, VIRUSES OR THE LIKE THAT ARE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY; OR (IX) ANY OTHER MATTER OR EVENT RELATING TO YOUR OR ANY OTHER PARTY’S USE OF THE SITES OR THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT IF YOU ARE DISSATISFIED WITH OR HARMED BY THE SERVICES OR WITH ANYTHING RELATED TO THE SERVICES, YOUR SOLE, AND EXCLUSIVE REMEDY WILL BE TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.
9.3. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT THEIR POTENTIAL LIABILITY GIVEN THE FEES CHARGED UNDER THIS AGREEMENT, WHICH WOULD HAVE BEEN SUBSTANTIALLY GREATER IF LOVELESS LABS WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN.
10.1. You agree to defend, indemnify, and hold us, our affiliates and licensors, and each of their respective officers, partners, directors, employees, and agents harmless from and against any and all claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from or related to (i) your access to or use of the Services or any Subscriber Content; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation, any intellectual property, privacy or proprietary right, or obligation of confidentiality. You will use your best efforts to cooperate with Loveless Labs in defense of any claim. At our own expense, Loveless Labs reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
11.1. Governing Law. You agree that these Terms, and your use of the Services, are governed exclusively by the laws of the State of Ohio without regard to its conflict of laws provisions. Any contract formed through the use of the Services will be deemed to have been formed and executed within the State of Ohio. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
(a) Means of Resolution. You and Loveless Labs agree that any disputes arising under these terms or otherwise in connection with your use of the Sites will be resolved through binding arbitration in accordance with the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA or a comparable arbitration body if the AAA cannot conduct the arbitration and will be conducted in the English language. Notwithstanding the preceding, you agree that (i) the courts in any relevant venue will have jurisdiction for obtaining and enforcing injunctive or other equitable relief and to enforce the decision of any arbitrator appointed in accordance with this provision, and (ii) Loveless Labs may bypass arbitration in cases of fraud or other crimes against it, and in the case of interference with its technical operations or violations of its rights or property.
(b) Class Waiver. You acknowledge and agree that you and Loveless Labs are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you and Loveless Labs otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable, then the entirety of this Section 11.2 will be deemed void.
11.3. Jurisdiction and Venue. If Section 11.2 is deemed void or is otherwise inapplicable, all disputes under these Terms will be resolved by a court of competent jurisdiction located in the State of Ohio, provided that the courts in any relevant venue will have jurisdiction for the purposes of obtaining and enforcing injunctive or other equitable relief.
11.4. Force Majeure. Neither party shall be liable for delay or failure in performance (other than the making of payments) resulting from any cause beyond the reasonable control of such party, including but not limited to acts of God, acts of war, riot, fire, flood or other disaster, acts of government, strike lockout, power failures, or the inability to use or the failure of any third party telecommunications carrier or other services, which events or conditions prevent in whole or in part the performance by such party of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make performance commercially unreasonable.
11.5. Assignment. You may not assign any of your rights or obligations under these Terms without the prior written consent of Loveless Labs. Loveless Labs may freely assign our rights and obligations under these Terms, either in part or in full, without notice to you.
11.6. Notice. Loveless Labs may communicate with you about the Services or these Terms, including any changes to these Terms, by email or by posting notices on the Sites. Unless expressly prohibited by law, you consent to receive communications relating to the Services and our business relationship from Loveless Labs electronically and agree that all notices, waivers, agreements, disclosures, and other communications satisfy any legal requirements such communications be in writing. You may provide legal notice to Loveless Labs at 8584 Washington St #2147, Chagrin Falls, OH 44023-5369.
11.7. Nature of Relationship. Nothing in these Terms or from your use of the Services will create or be deemed to create any partnership, joint venture, agency, franchise, or other business relationship between you and Loveless Labs, even if your use of the Services is for a commercial purpose authorized by us. You and Loveless Labs will, at all times, be and remain independent contractors.
11.8. Severability. The provisions of these Terms are severable. Suppose any individual provision is held to be invalid, unenforceable, or contrary to applicable law. In that case, such provision shall be construed, limited, altered, or deleted, as necessary, to eliminate the invalidity, unenforceability, or conflict with applicable law while endeavoring to preserve the intention of these Terms, and all other provisions shall remain in full force and effect.
11.10. Waiver. The failure by Loveless Labs to exercise or enforce any right or remedy under these Terms will not constitute a waiver of such right or remedy.
11.11. Contact. If you wish to contact Loveless Labs with any questions, comments, or concerns regarding the Services or these Terms, please contact firstname.lastname@example.org.