This website and software platform are operated by Red Bourbon LLC. Throughout the site and these Terms, the terms “we”, “us” and “our” refer to Red Bourbon LLC. Red Bourbon LLC offers this website and our cloud-based productivity software and related services (collectively, the “Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site, creating an account, and/or using or subscribing to our Service, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are visitors, customers, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or Service. By accessing or using any part of the website or Service, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website or Service following the posting of any changes constitutes acceptance of those changes.
Our website and Service are hosted by third-party service providers who provide us with the online platform that allows us to offer and operate our products and services.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and, if you are using the Service on behalf of an organization, that you have the authority to bind that organization to these Terms.
You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright and data protection laws).
You must not transmit any worms or viruses or any code of a destructive nature.
You are responsible for all activity that occurs under your account(s), including any activity by your employees, contractors, or other authorized users.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including payment card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
We are not responsible if information made available on this site or within the Service is not accurate, complete or current. The material on this site and within the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site or in the Service is at your own risk.
This site and the Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site and the Service at any time, but we have no obligation to update any information on our site or in the Service. You agree that it is your responsibility to monitor changes to our site and Service.
Prices, subscription fees and other charges for our Service are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service, except as may be expressly provided in a separate written agreement between you and us.
Certain services, subscription plans, features, or modules may be available exclusively online through the website or application. These services may have usage limits, seat limits, or other restrictions and are not subject to return or exchange, in accordance with our applicable Cancellation and Refund Policy (if any).
We reserve the right, but are not obligated, to limit the provision of our Service to any person, organization, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the scope or availability of any services that we offer.
All descriptions of services or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any service or feature at any time. Any offer for any service made on this site is void where prohibited.
We do not warrant that the Service, or any particular features, integrations, or outputs, will meet your specific requirements, or that any errors in the Service will be corrected, except as may be expressly stated by us.
We reserve the right to refuse any subscription or order you place with us. We may, in our sole discretion, limit or cancel subscriptions or seats purchased per person, per organization, or per account. These restrictions may include subscriptions placed by or under the same customer account, the same payment method, and/or subscriptions that use the same billing address.
In the event that we make a change to or cancel a subscription or order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the subscription or order was made. We reserve the right to limit or prohibit subscriptions that, in our sole judgment, appear to be placed by resellers or for unauthorized use.
You agree to provide current, complete and accurate purchase, billing, and account information for all subscriptions and purchases made in connection with our Service. You agree to promptly update your account and other information, including your email address and payment information (such as credit card numbers and expiration dates), so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools or integrations (for example, third-party identity providers, storage, or analytics tools) over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site or Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website or Service (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site or within the Service may direct you to third-party websites or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or services. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
“Workspace Content” means any data, documents, files, text, images, media, tasks, projects, metadata, or other materials that you or your authorized users upload to, store in, or create within the Service.
You retain all ownership rights to your Workspace Content. We do not claim ownership over any Workspace Content.
We will not access, view, use, disclose, or share your Workspace Content except:
(a) to provide, maintain, secure, or support the Service;
(b) to comply with applicable law or a valid legal request;
(c) to prevent or address security issues, fraud, or technical problems; or
(d) when you expressly authorize us in writing.
We will never use your Workspace Content for marketing purposes, public statements, case studies, training datasets, or product materials.
All Workspace Content is treated as confidential information.
If you provide suggestions, ideas, feature requests, enhancement recommendations, or other feedback relating to the Service (“Feedback”), you agree that we may use this Feedback to improve the Service or develop new products.
Feedback does not include Workspace Content.
You acknowledge that:
(a) you provide Feedback voluntarily;
(b) Feedback does not create any confidentiality obligation on our part; and
(c) we may use or incorporate Feedback without obligation to compensate you.
You are solely responsible for:
(a) ensuring that you have all necessary rights and permissions to upload or store Workspace Content in the Service;
(b) ensuring the legality and accuracy of your Workspace Content; and
(c) the actions of anyone accessing your Workspace Content through your account permissions.
We assume no liability for Workspace Content that you or your authorized users upload, generate, or manage using the Service.
Your submission of personal information through the website and Service is governed by our Privacy Policy. You can view our Privacy Policy on our website.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, availability, or other content. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or subscriptions if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your subscription or order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, the Service, or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others in violation of applicable law;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you, except as may be required by applicable law or any separate written agreement between you and us.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Red Bourbon LLC, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, loss of business opportunities, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products or services provided through the Service, or for any other claim related in any way to your use of the Service or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Red Bourbon LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (a) your breach of these Terms of Service or the documents they incorporate by reference; (b) your violation of any law or the rights of a third party; or (c) your use of the Service, including any content you submit.
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site and Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service), except where a separate written agreement signed by both parties expressly states otherwise.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Valencia, Spain, without regard to its conflict of law principles.
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at abraham@redbourbon.co.