Resources

Short.io Terms of Service

Effective date: 3/31/2023

Version: 3

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://short.io website and https://app.short.io platform ("Service") operated by Short.cm Inc, a Delaware Corporation, US, reg# 4976272 ("us", "we", or "our").

These Terms apply to all visitors, users and others who wish to access or use the Service (“you”, “your”, “yourself”). If you disagree with these Terms, please do not use or access the Services. Access to and use of the Service is conditioned upon customer’s acceptance of and compliance with these Terms. These Terms constitute the entire agreement and legally binding instrument between you and us regarding use of Services and determining your rights when it comes to use of Services.

1. Services

While you may freely access our website, in order to receive full access to our Services it is required to create an account.

When you are creating an account you represent to us that you are at least 18 years old or have legal majority and capacity where you reside to enter into these Terms. When you are creating an account on behalf of a legal entity (when you are business owner or using Services on behalf of your employer) you represent and warrant that you have the authority to bind the respective legal entity that you represent to these Terms, and such legal entity to be referred “you” and “your” as well as yourself.

Upon creation of account, you warrant that:

  • Information that you provided during account registration is up to date, accurate, true and current and that you will update such information from time to time when it becomes outdated;
  • If Services to be used by legal entity, you are authorized to bind the respective legal entity to these Terms, and you have received all the required permissions to do so;
  • You will be responsible for use of Services by third parties to whom you may grant access to and all the activity that may occur under sub-accounts created by you for third parties;
  • You will use Services in compliance with all the applicable laws, regulations and rules;
  • You will maintain your password and account credentials in confidentiality;
  • You will immediately notify us in case of unauthorized access to your account or any breach of Services security;
  • You will not create multiple different accounts for yourself with Services functionality.

By default our Services functionality allows to create an owner account where one remains in control of Subscription, domain names connected and accesses of team members.

Persons, who already have their own account with Services may be connected as team members to existing owner account, and may use all the benefits of owner account Subscription. Such connection will only be limited to purchases within the owner account (Subscription and domain names), and will not apply to domain names and Subscription available within a third party account, who is connected as a team member.

You may utilize the Services by interconnecting your and your personnel accounts, and granting them access to your Subscription benefits. You may also connect your personnel who do not have an account with Services with SSO login technology, where a SAML based account will be created.

You may delete your account in the Services settings dashboard. Should you disconnect a third party account in your account dashboard or completely remove your own account, all access granted to third parties will be closed. Due to specifics of technology, disconnected SAML based accounts will be temporarily suspended. If you have a SAML based account it may be restored or completely removed by contacting our support.

2. License to use the Services

Upon creation of account, we grant you non-exclusive, non-sublicensable, non-transferable limited license during the term of the subscription, to use and utilize Services solely for your own personal and business purposes, provided that neither you nor third parties authorized by you to access or use the Services via account that you created shall not:

  • Decompile, reverse engine or otherwise attempt to access and discover Services source code, structure, databases in order to copy, reproduce, modify any part of Services or otherwise create derivative works on the basis of the Services;
  • Use Services for commercial purposes, namely to rent, sublicense, distribute or sell part of the Services or access to the Services to third parties.

You agree that Services, and all images, source code, designs, ideas, inventions, patents, trademarks, service marks, processes or other intellectual property embodied in the Services belong solely and exclusively to us or to our licensors, and are protected by copyright, trademark laws and patent laws. Any rights not expressly granted herein are reserved.

3. Subscriptions

Access to the Service is provided on the basis of different subscription plans ("Subscription(s)"). We will determine the exact services included in each Subscription. Should you select paid Subscription you will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of Subscription. Please note that your access to some parts of Service may be limited due to the type of Subscription that you have purchased.At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we terminate your account in case of breach of these Terms. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide us 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 us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we 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.

Should you fail to make payment of the Subscription fee, we reserve our right to suspend the Services available under paid Subscription or terminate your account.

4. Mobile app and integrations

You may access our Services via our Short.io mobile application available for download in Apple AppStore or Google PlayMarket, or as an application integrated into the third party service (collectively - Applications). The Applications that we offer may have different functionality depending on supported third party service.

License to Applications. Upon installing our Application on your mobile device, or integrating it with supported third party service, we grant you non-transferable, non-sublicensable, non-exclusive revocable limited, right and license to install and use Application only on your personal supported mobile devices and/or as integration into supported third party service, in executable object code format only, solely to facilitate your access to and use of, Services, provided that you shall not:

  • Decompile, reverse engine or otherwise attempt to access and discover Applications source code, structure, databases in order to copy, reproduce, modify any part of Applications or otherwise create derivative works on the basis of the Applications;
  • Use Applications for commercial purposes, namely to rent, sublicense, distribute or sell part of the Applications.
  • Modify all copyright and other proprietary notices on Applications that belong to us or to our licensors.

For avoidance of doubts, all rights, title and interest in and to our Applications shall belong solely and exclusively to us. We reserve our right to modify our Applications, including modify, discontinue or suspend any part of it. Applications may not be supported by your particular mobile device. You will be solely responsible for the utility costs you may bear in connection with use of our Applications, including mobile internet, electricity, etc.

5. Domains and purchases

Services allow you to use free domains for testing purposes or to connect your own domain names. All such free domains are our sole and exclusive property. Your right to use the free domain will be limited only to the test period determined on the Subscription description.

You may connect domain names that you own to the Services. In such a case, you warrant you are the owner of the domain name or that you are authorized to connect domain name to the Services.

You may also purchase a new domain name by using our embedded functionality. Domain name prices are relevant on the date of purchase and may be changed from time to time. Such purchase will be subject to Amazon Web Services terms (https://aws.amazon.com/ru/route53/domain-registration-agreement/). The domain name that you’ve purchased will be temporarily retained by us and may be transferred to your Amazon Web Services account within 14 days from the purchase date, or to your third party domain name services within 60 days from the purchase date.

Upon purchase, you have certain rights and responsibilities, all of which are set out in the ICANN Registrants’ Benefits and Responsibilities policy. When you are making a purchase on behalf of a third party, you warrant that you are authorized to do so, and you are authorized to use the purchased domain name in connection with Service.

6. Payments

In order to process your payment we use Stripe. Stripe is a payment processing platform for the internet which allows easy payment processing. Please note that upon making payment with Stripe you expressly agree with Stripe Connected Account Agreement.

7. Fee Changes

We endeavor to maintain the Subscription plan fees that we offer at the same rate as long as it is possible. However, we cannot guarantee that we will never change our fees. Our operational expenses may increase due to inflation, legislation changes, changes on the employment market or contractor’s fees changes. In any case, any Subscription fee change will become effective at the end of the then-current Billing Cycle. We may, in our sole discretion and at any time, add new subscription plans Subscriptions.

We 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.

8. Refunds

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

9. Links To Other Web-Sites

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

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we 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 third party 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.

10. Acceptable Use Policy

General. You will use Services in compliance with requirements set out in this Terms of Service. You accept and agree not to use any part of the Services or any part of our social media pages (in Tweeter, LinkedIn, Facebook) to display, redirect to, upload, distribute or transmit any content, webpages, messages, images, video files, texts, audio files, articles (collectively “Content”) that:

  • violates any law, regulation, act or code imposed by the government, authority, court or any other authorized US body, including sanctions;
  • violates any third party intellectual property rights, including copyright, trademark, patent, trade secret;
  • violates any moral rights, privacy rights, right to publicity;
  • is pornographic, promoting racism, intolerance, bigotry, hateful, promoting physical harm against any group of individuals, unlawful, defamatory, libelous, false harassing, abusive, tortious, vulgar or harmful for minors in any way;
  • promotes or contains child sexual exploitation or abuse;
  • promotes, contain or encourage any serious harm, terrorism or violence;
  • distributes or makes available any fraudend, phishing or impersonation content, computer viruses, trojan horses, worms, or any other harmful software;
  • send unauthorized or unsolicited advertising, junk emails, promotional materials, spam, chain letters, pyramid schemes related messages, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
  • interfere with, disrupt, or create an undue burden on servers or networks connected to the Services or violate the regulations, policies or procedures of such networks;

Is fraudulent, phishing, and impersonating a third party.

11. Termination

We may, at our own discretion, and without any liability to you, terminate or suspend your account and bar access to the Service or part of the services immediately, without prior notice or liability, should:

  • you breach these Terms or warranties that you provide;
  • you breach the law applicable to you where your use of Services putting us at risk of being or becoming infringer of law or third party rights (including but not limited to, copyright, trademark law);
  • you breach of your commitments and obligations which you have as a domain name owner under the ICANN Registrants’ Benefits and Responsibilities policy;
  • we determine that your use of the Service contradicts our Acceptable Use Policy.

If you wish to terminate your account, you may do it in your account settings.

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.

12. Indemnification

Subject to the Limitation of Liability section below, you agree to defend, indemnify and hold harmless us, our licensors, and our 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, or b) a breach of these Terms.

13. Limitation Of Liability

In no event shall either party, or its respective 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.

Except for liability that cannot be limited by law, each Party’s total aggregate liability, whether based on warranty, contract, tort (including negligence) or any other legal theory, arising out of or in connection with these Terms will be limited to an amount equal to the Subscription fees paid by you to us during the preceding 12 month period from the date of the claim of liability.

14. 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.

Short.cm Inc, 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.

15. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

16. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, 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 had between us regarding the Service.

17. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We may publish notification on our website regarding such updates. If a revision is material we will provide at least 30 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 any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

18. Notices

All the notices may be sent via email or regular mail to the address you provided to us during registration. This includes notices related to your use of Services or Subscriptions. If you wish to contact us you may do so by sending email to [email protected]

19. General

Any feedback or feature request that you will submit to us will be considered non-proprietary and non-confidential to you. Upon submitting your feedback regarding Services via email, our website chat bot or by phone, you automatically grant us perpetual, worldwide, irrevocable, royalty free license to utilize and use the suggested feedback for any purpose whatsoever without compensation of any kind.

Should we fail to enforce any part of these Terms, such action will not constitute a waiver of right to enforce it later or enforce any other part of these Terms.

Should any provision of these Terms be found invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.