Terms of Service

Last updated: 14 July 2020

These Terms of Service govern your use of the website located at: https://newsloth.com (the "Website"), the software application entitled "New Sloth" (the "App"), and any product (the "Services") created and maintained by Sprune Technologies Pty. Ltd. trading as New Sloth (the "Company", "we", "our", "us"), delivered within a web browser, desktop application, mobile application, or another format.

We may update these Terms of Service in the future. 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 of any of the terms, we may terminate your account.

Account Terms

You are responsible for maintaining the security of your account and password (if provided). 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.

You may not use the Services for any purpose outlined in the Restricted Purposes section below.

You are responsible for all content generated (manually or automatically), 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

For a free trial of our App or one of our Services, 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 deactivate your account and it will be inaccessible until you make payment and reactivate the account. If your account has been deactivated for a while, we may queue it up for auto-deletion.

When you signup for a paid plan, before, during or after the free trial, we will charge your card immediately and your billing cycle starts on the day of signup or 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. Being an Australian registered company, our pricing includes sales tax (GST) applicable only for Australian residents for tax purposes.

We process refunds according to our fair refund policy, as stated on the Pricing page of our Website.

Cancellation and Termination

You are solely responsible for properly canceling your account. Within each of our Services, we provide a contact form to submit a cancellation request, and help us verify account ownership. 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.

All of your content will be inaccessible from the Services immediately upon cancellation. To make account reactivation easier for you, your content will not be deleted unless specifically requested by you, in which case all content will be permanently deleted from active systems and logs. Within 90 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. Our Services may include instructions to export any data before your account is cancelled.

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.

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. For more details, see the Restricted Purposes section below.

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

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 most of our Services, but do take uptime of our applications seriously.

We reserve the right to temporarily disable your account if your usage significantly exceeds allocated resources or the average usage of other customers of the Services. 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. Whenever your data are in transit between you and us, everything is encrypted, and sent using HTTPS. Within our firewalled private networks, data may be transferred unencrypted. Our application databases are generally not encrypted at rest — the information you add to the applications is active in our databases and subject to the same protection and monitoring as the rest of our systems.

Our servers and computing infrastructure are protected by biometric locks and round-the-clock interior and exterior surveillance monitoring. Only authorized personnel have access to the data center. 24/7/365 onsite staff provides additional protection against unauthorized entry and security breaches.

Our software infrastructure is updated regularly with the latest security patches. Our products run on a dedicated network which is locked down with firewalls and carefully monitored. While perfect security is a moving target, we work with security researchers to keep up with the state-of-the-art in web security.

All credit card transactions are processed using secure encryption—the same level of encryption used by leading banks. Card information is transmitted, stored, and processed securely on a PCI-Compliant network.

We maintain your account's security on our systems and monitoring tools we've set up to alert us to any nefarious activity against our Website, App or Services. We also audit internal data access. If any of our employees wrongly accesses customer data, they will face penalties ranging from termination to prosecution.

If you discover a web security flaw that might impact our products, then you must let us know as a matter of responsible disclosure. When you submit a report, here's what will happen:

  • We'll acknowledge your report and tell you the best way to track the status of your issue.
  • We'll investigate the issue and determine how it impacts our products. We won't disclose issues until our investigation is finished, but we'll work with you to ensure we fully understand the issue.
  • Once the issue is resolved, we'll post a security update along with thanks and credit for the discovery.

Our products are built on Microsoft technologies and other open source software. The issue you report might affect some part of our technology stack. We ask for your patience while we also make sure other companies and their customers are protected. Either way, you'll always have a point of contact for your issue.

When you use our Services, you entrust us with your data. We respectfully take that trust seriously. You agree that we 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.
  • To safeguard our Services. 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 an Australian company with all data infrastructure located in the U.S., we only preserve or share customer data if compelled by an Australian government or U.S. government authority with a legally binding order. If any other authority approaches us for assistance, our default stance is to refuse unless the order has been approved by the Australian government or the U.S. government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism.

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 our Services in our Privacy Policy.

Copyright and Content Ownership

All content posted on the Services must comply with U.S. copyright law. Third-party content accessed, referenced or used through our Services on a fair use basis. Fair use is a doctrine in the U.S. law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder.

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.

Are you a copyright owner? Under the Digital Millennium Copyright Act (17 U.S.C. § 512) you have the right to notify us if you believe that an account user of any product we built and maintain has infringed on your work(s) as copyright owner. To be effective, the notification of claimed infringement must be written. Please include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work(s) claimed to have been infringed. If there are multiple, please share a representative list of those works.
  • A way for us to locate the material you believe is infringing the copyrighted work.
  • Your name and contact information so that we can get back to you. Email address is preferred but a telephone number or mailing address works too.
  • A statement that you, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
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. 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.

Some third-party providers have created integrations between our Services and theirs. We are not liable or accountable for any of these third-party integrations.

Restricted purposes
  • Child exploitation, sexualization, or abuse: We don't tolerate any activities that create, disseminate, or otherwise cause child abuse. Keep away and stop. Just stop.
  • Doxing: If you are using our Services to share other peoples' private personal information for the purposes of harassment, we don't want anything to do with you.
  • Infringing on intellectual property: You can't use our Services to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.
  • Malware or spyware: Code for good, not evil. If you are using our products to make or distribute anything that qualifies as malware or spyware — including remote user surveillance — begone.
  • Phishing or otherwise attempting fraud: It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others.
  • Spamming: No one wants unsolicited commercial emails. We don't tolerate folks (including their bots) using our Services for spamming purposes. If your emails don't pass muster with CAN-SPAM or any other anti-spam law, it's not allowed.
  • Cybersquatting: We don't like username extortionists. If you purchase a Services account in someone else's name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancelation.
  • Violence, or threats thereof: If an activity qualifies as violent crime in the United States or where you live, you may not use our Services to plan, perpetrate, or threaten that activity.

We've outlined these restrictions to be clear about what we won't stand for. That said, this list is by no means exhaustive. We will make changes over time.

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.

If you have a question about any of the Terms of Service, please contact our team.

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