Last updated: October 19, 2016

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.tubular.io website and the Tubular mobile application (the “Service”) operated by Simplifyd Limited (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Simplifyd Limited cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Simplifyd Limited customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Simplifyd Limited with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Simplifyd Limited to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Simplifyd Limited will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Simplifyd Limited may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Simplifyd Limited until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Simplifyd Limited reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Simplifyd Limited, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Simplifyd Limited will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by Simplifyd Ltd on a case-by-case basis and granted in sole discretion of Simplifyd Ltd.

If you sign up for a free trial and do not upgrade to a paying account, all of your account’s features will be disabled except for the account management and data export functionality.

If you sign up for a free trial and do not upgrade to a paying account within 180 days of the end of the free trial, Simplifyd Ltd reserves the right to delete your account and all associated data. We will send you notification that your account and all data will be deleted 14 days prior to deleting the account.

You are solely responsible for cancelling your account. You may only cancel via our simple, no-hassle, web-based cancellation interface. We do not accept cancellations via email, phone, fax or letter.

Most requests for a refund come down to a case-by-base basis. If you would like to discuss a matter further with us you can email support@tubular.io, explain your circumstance, and we can work with you to look into it.

 

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

If you sign up for a free trial and do not upgrade to a paying account within 180 days of the end of the free trial, Simplifyd Ltd reserves the right to delete your account and all associated data. We will send you notification that your account and all data will be deleted 14 days prior to deleting the account.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of “Copyright Infringement” of dmca@tubular.io and include in your notice a detailed description of the alleged Infringement.

In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Service.

Complaints under the Copyrights, Designs and Patents Act 1988, and European Commerce Directive 2000

If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.

We, Simplifyd Limited, are committed to ensuring that the material displayed on our Service is lawful and in accordance with our UK and EU Copyright Law. To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as “URGENT”:

  • Your contact details – including your name, email address and daytime telephone number.
  • Identify the material in question – please include sufficient detail to enable us to identify the material complained of.
  • The reasons for your objection.

We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Service.

Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark, or own the Copyright to an image). This will enable us to deal with your request promptly.

You can contact our Notice and Takedown Officer via email at dmca@tubular.io

Intellectual Property The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Simplifyd Limited and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade address may not be used in connection with any product or service without the prior written consent of Simplifyd Limited.

When you upload content, you give to Simplifyd Limited a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and Simplifyd Limited business.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Simplifyd Limited.

Simplifyd Limited has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Simplifyd Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Client Data

If the Client adds Client Data to the Platform, such Client Data and any kind of processing of such Client Data must be in compliance with the Agreement, best practices at the Web Site and applicable law.

All rights, title and interest in and to the Client Data belong to the Client or third persons (including Users, Persons and Organisations).

Client must assure that:

the Client and any of the Users associated with the Account do not create, transmit, display or make otherwise available any Client Data that violates the rights of either Supplier, other Clients or Users, Persons or Organisations or is harmful (for example viruses, worms and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, invasive of another’s privacy, defamatory, hateful or otherwise unlawful;

Client and all of the Users associated with the Account have the necessary rights to use the Client Data, including to insert it into the Platform and process it by means of the Account;

The Suppliers are allowed to further process the Client Data, acting as an authorised processor of Client Data on behalf of Client for the purposes of performing under the Agreement.

You retain all your ownership rights in your Client Data, whether posted and/or uploaded by you or made available on or through the Tubular Services by the Suppliers. The Suppliers do not guarantee any accuracy or confidentiality with respect to any information contained in any Client Data, and strongly recommend that you think carefully about what you transmit, submit or post to or through the Tubular Services. You understand that all information contained in Client Data is the sole responsibility of the person from whom such Client Data originated. This means that you, and not the Suppliers, are entirely responsible for all Client Data that you upload, post, transmit, or otherwise make available through the Tubular Services, as well as for any actions taken by the Suppliers or other Clients or Users as a result of such Client Data.

Neither Supplier makes any representations that it will publish or make any Client Data available on or through the Tubular Services, and reserves the right (but has no obligation), in its sole discretion, to refuse to allow any Client Data on the Platform, or to edit or remove any Client Data at any time with or without notice. Without limiting the generality of the preceding sentence, Simplifyd Ltd is is registered with the Information Commissioner’s Office, and will remove Client Data from the Platform upon receipt of a compliant takedown notice.

You understand that when using the Platform, you may be exposed to other Client’s Client Data from a variety of sources and that neither Supplier endorses, nor is responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Client Data. You understand that the Suppliers cannot, and does not, review all Client Data and do not endorse any Client Data. You further understand and acknowledge that you may be exposed to other Client’s Client Data that is inaccurate, misleading, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Suppliers with respect thereto.

Neither Supplier is obliged, in its own initiative, to pre-screen, monitor or filter any Client Data or acts of its processing by the Client in order to discover any unlawful nature therein. However, if such unlawful Client Data or the action of its unlawful processing is discovered or brought to the attention of either Supplier or if there is reason to believe that certain Client Data is unlawful, either Supplier has the right to:

  1. i) notify the Client of such unlawful Client Data;
  2. ii) deny its publication on the Web Site or its insertion to the System;

iii) demand that the Client brought the unlawful Client Data into compliance with the Agreement, best practices at the Web Site or applicable law;

iv)temporarily or permanently remove the unlawful Client Data from the Web Site or Account, restrict access to it or delete it.

If either Supplier is presented convincing evidence that the Client Data is not unlawful, such Supplier may, at its sole discretion, restore such Client Data, which was removed from the Web Site or Account or access to which was restricted.

Data Security

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. We maintain appropriate administrative, technical and physical safeguards to protect Personal Data against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing of the Personal Data in our possession. This includes, for example, firewalls, password protection and other access and authentication controls. We use SSL technology to encrypt data during transmission through public internet, and we also employ application-layer security features to further anonymise Personal Data.

However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your Personal Data has been compromised, please contact us at terms-questions@tubular.io

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Simplifyd Limited and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Simplifyd Limited, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Simplifyd Limited its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Simplifyd Limited ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Simplifyd Limited or any person for whom Simplifyd Limited is responsible, and even if Simplifyd Limited has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us.