Terms of Use - SlideBi

Welcome to SlideBi and the SlideBi mobile device application. Please read these Terms of Use carefully before using the services offered by SlideBi LLC (“SlideBi“, “us“, “we“). These Terms of Use set forth the terms and conditions of our relationship and for your use of the www.slidebi.com website and mobile device application (collectively, the “App”) and the services, features, content or applications, offered by SlideBi LLC (collectively, the “Services“) to you (“you”, “your”, “user”).

IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST SLIDEBI TO BINDING AND FINAL ARBITRATION.IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SLIDEBI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND(B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE SECTIONS REGARDING ARBITRATION.

The SlideBi App and Services

You understand that SlideBi provides and facilitates a neutral technology service for users to offer, obtain and provide certain services (the “Provider Services”) in compliance with SlideBi’s policies. Those users who request Provider Services are referred to as a “Requester”, and those users who provide Provider Services on the Services are referred to as a “Provider” in this Agreement.
You understand and agree that, as a result, SlideBi is not involved and does not participate in the various transactions between Requesters and Providers.
You understand and agree that, consequently, SlideBi does not enter into any contracts between any Requester and Provider for any Provider Services, nor does it become involved in the actual provision of Provider Services by a Provider for a Requester.
You understand and agree that SlideBi does not review, screen, or vet the content or information provided by Requesters or Providers through the App and/or Services. You further understand and agree that SlideBi does not review, screen, or vet the identity or background of any Requester Provider.
Notwithstanding the above, SlideBi may engage third party background check services to perform background checks on all SlideBi Providers. Notwithstanding the foregoing, each Requester should exercise common sense and due caution when meeting and/or giving any SlideBi Provider access to your personal property, just as you would when interacting with someone you do not know. SLIDEBI IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY PROVIDER OR REQUESTER, WHETHER ONLINE OR OFFLINE, AND WILL NOT BE LIABLE FOR ANY INJURY, DAMAGE, OR CLAIM ARISING OUT OF OR IN CONNECTION WITH ANY PROVIDER SERVICES. BY USING THE APP AND/OR SERVICES, YOU AGREE THAT SLIDEBI SHALL NOT BE HELD LIABLE FOR ANY DAMAGE TO PERSONS, PROPERTY, OR PREMISES THAT MAY ARISE OUT OF THE PROVISION OF OR REQUESTING OF PROVIDER SERVICES VIA THE APP AND/OR SERVICES.
You understand and agree that SlideBi does not and cannot exert any control over the accuracy, efficiency, effectiveness, or other aspects of the Provider Services advertised or performed by a Provider though the App and/or the Services, nor the authority of either the Providers or the Requesters to enter into any transactions and that accordingly, SlideBi cannot provide any assurance or guarantee that any Requester or Provider will actually conclude any transaction.
You understand that SlideBi strongly encourages that you use and employ the communication tools made available through the App and Services to communicate directly with a Requester or SlideBi Provider in order to glean as much information as possible regarding any transaction you intend to enter into.
You understand and agree that, since SlideBi is a neutral technology service, it cannot bear responsibility or liability for any materials or information (including without limitation, text, identities, images, content, listings, copy, descriptions, and prices) posted by any user, including you, on the App and/or the Services or any materials or information provided by any Supported Platform.
You understand and agree that your use of the App and/or the Services is at your own risk.

The Agreement between SlideBi and You

You understand that by accessing or using the App or Services, you are agreeing to comply with and be bound by the terms and conditions contained herein (“Terms of Use” or “Agreement“, which also incorporates SlideBi’s Privacy Policy). Accordingly, you understand that compliance with this is Agreement is a requirement for accessing or using the App or Services.
This Agreement constitutes the entire and only agreement between us and you.
This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the App and the Services, the content, products or services provided by or through the App and the Services, and the subject matter of this Agreement.

You are responsible for reviewing changes to this Agreement

This Agreement applies to all users of the App and the Services.
SlideBi may make changes to this Agreement from time to time without specifically notifying you.
SlideBi will post the latest Agreement on SlideBi’s website and may post it on the mobile device application, but it is up to you to review it before using the App or Services.
If you continue to use the App or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
In addition, some services offered through the App and the Services may be subject to additional terms and conditions specified by SlideBi from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Your Use of the App and Services

Your registration and account security

When you use the App or the Services you may provide SlideBi certain registration and account information, which SlideBi will rely on to provide you its products and services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:

You will register your account for your own use and not for the use of another person, alter ego, or other identity.
You will create only one account for yourself.
You will not assign or transfer your account to anyone without first getting SlideBi’s written consent.
You will not provide false or misleading information when you register an account.
To create an account, you may be required to verify your mobile phone number by entering an authentication code that we will text to your mobile phone number. You authorize us to text you this authentication code for purposes of verifying your phone number and understand that your carrier’s message and data rates may apply to texts that we send you. You further agree that we may use your name, email address, mobile phone number, or other data you provide to communicate with you and/or to allow Requesters or SlideBi Providers to communicate with you (provided your mobile phone number used for any mobile phone communications between Requesters and SlideBi Providers will be masked).
If SlideBi terminates or disables your account, you may not create another account without first getting SlideBi written consent.
You will keep your contact and other information requested by SlideBi (such as phone number, email address, home address, etc.) accurate and up-to-date.
You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
If you select a username for your account, SlideBi reserves the right to remove or reclaim it for any reason, including that it is inappropriate in SlideBi’s sole determination.

You must be 18 or older to use the SlideBi App or Services

You understand that you may not use the App or the Services where such use is prohibited.
You understand that the App and the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
Any use of or access to the App or the Services by anyone under 18 years of age is unauthorized.
You represent and warrant that you are 18 years of age or older, and that you agree to abide by all of the terms and conditions of this Agreement.
SlideBi does not knowingly collect information from individuals who are less than thirteen (13) years of age.

Provider Service Fees and Payments

If you make a purchase through SlideBi’s App and/or Services, you agree to be bound by the following terms in addition to other terms in these Terms of Use:

SlideBi does not charge any fees for you to set up an account, however access to certain features and services may be subject to payment of a fee (such features and services, “Paid Services”).
You understand that any and all payment terms are stated in United States dollars.
You understand that all payments for Paid Services and Provider Services performed by SlideBi Providers (“SlideBi Provider Services”) will be made through Braintree, or any other third-party payment facilitator engaged by SlideBi. By using the Braintree payment processing services, you agree to the Braintree Payment Services Agreement.
You agree to ensure that at all times all credit card and payment information supplied by you is accurate and correct and kept updated with Braintree or any third party payment or service facility used by SlideBi and that you are fully authorized to use such credit card and payment information and Braintree account (or account with any third party payment or service facility used by SlideBi ) for purposes of paying for any purchases.
By requesting Paid Services or SlideBi Provider Services, you hereby authorize us to charge your credit card for the total amount you agreed to for the Paid Services or SlideBi Provider Services plus any expenses incurred in the performance of the SlideBi Provider Services and any applicable sales tax or use tax.
If you have requested Paid Services, by doing so you authorize SlideBi to charge your credit card. SlideBi will notify you prior to a change in the pricing of such Paid Services.
You agree that you are solely responsible for your interactions (including but not limited to any Provider Services transactions) with any other user in connection with the Services, and SlideBi will have no liability or responsibility with respect thereto. While SlideBi reserves the right, it has no obligation to become involved in any way with disputes between you and any other user of the Services.
If SlideBi does choose to mediate a dispute between a Requester and a SlideBi Provider, SlideBi’s decision shall be final. If SlideBi determines that a refund of all or a portion of the applicable fee is to be made, such refund shall be given in accordance with SlideBi’s Refund Policy, as may be amended from time to time, and which is hereby incorporated into this Agreement by reference.
You agree that payment for all applicable purchases and any taxes or additional charges that may be imposed by third parties are your sole responsibility.
You understand that your purchase may be final and non-refundable.
You understand and agree that all payments, refunds, dispute policies, and other terms related services or products provided by or through Supported Platforms and Provider Services are subject to the terms of use and privacy policy of the applicable Supported Platform, and that SlideBi shall not have any liability or obligations with respect thereto.

Terms Applicable to Requesters

You understand and agree that any and all SlideBi Provider Services requests you make via the App and/or Services must comply with any and all current SlideBi policies.
You hereby warrant that you have the full rights and legal authority necessary to allow a SlideBi Provider to perform any SlideBi Provider Services that you request.
You acknowledge and agree that any request for SlideBi Provider Services is an offer, which is only accepted when you receive confirmation of your order.
You acknowledge and agree that if the SlideBi Provider who accepted your request cancels the SlideBi Provider Services that you have ordered, you shall not be entitled to any remuneration from SlideBi.
You acknowledge and agree that under no circumstances may you solicit a SlideBi Provider referred to you via the App and/or Services, except through the App and/or Services.

Terms Applicable to SlideBi Providers

If you are using the App and/or Services as a SlideBi Provider, you agree to the following additional terms:

All SlideBi Providers must maintain all appropriate certifications, licenses, and insurance in compliance with all applicable laws, rules and regulations.
Only those SlideBi Providers who have registered for an account on the App and Services may perform SlideBi Provider Services. You may not allow any other person to perform SlideBi Provider Services you have agreed to perform via the App or Services.
SlideBi Providers shall use commercially reasonable efforts to arrive at the agreed upon time and complete the SlideBi Provider Services within any agreed upon time frame. SlideBi Providers shall respect the wishes of the Requester and will actively communicate with the Requester as needed to ensure proper performance of the SlideBi Provider Services.
You hereby authorize SlideBi to deduct a referral fee from all SlideBi Provider Services prior to SlideBi opening the full chat functions of the App to pay for SlideBi’s operational and technology costs (the “Referral Fee”) and any other applicable third-party fees. You acknowledge and agree that you are solely responsible for the SlideBi Provider Services fee you list on the App and Services.
You understand and agree that in connection with the transactions facilitated by the App and Services, SlideBi will not serve as your limited authorized agent for the purpose of accepting payments from a Requester on your behalf and is not responsible for transmitting payments to you. Transactions will occur through a third-party payment facilitator
SlideBi has a zero-tolerance policy for objectionable content or abusive behavior, and reserves the right (without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the App and the Services by Providers which SlideBi, in its sole discretion, determines is objectionable or constitutes abusive behavior.
SlideBi Providers shall work to expeditiously resolve any complaints, claims, or disputes with a Requester in a respectful manner. While SlideBi reserves the right, it has no obligation to become involved in any way with disputes between you and any other user of the App and/or Services, including but not limited to a Requester. If SlideBi does choose to mediate a dispute, SlideBi’s decision shall be final.
SlideBi is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you, your agents, or your Requesters that are deceptive, fraudulent or otherwise invalid (“Fraudulent Actions”). By using the App and/or Services, you hereby release SlideBi from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify SlideBi of any Fraudulent Actions which may affect the Services. SlideBi reserves the right, in its sole discretion, to terminate your account if you engage in, or permit any SlideBi Provider or Requester to engage in, Fraudulent Actions.
SlideBi Providers may be removed from the App and Services at any time for any reason, including but not limited to for violating these or any of SlideBi’s other policies.

No Employment

SlideBi is a provider of technology services for Requesters to connect with independent Providers. SlideBi is not the employer of any Provider on the App and/or Services. You acknowledge that SlideBi does not supervise, direct, or control a Provider’s Services performed in any manner. All Providers on the App and/or Services provide services to you as an independent contractor, and are not an employee, joint venture, partner, agent, or franchisee of SlideBi for any purpose whatsoever.

Your personal information

You understand and acknowledge that your use of the App and Services is governed by the Privacy Policy, which is incorporated into this Agreement by this reference
SlideBi will only use personal information in accordance with SlideBi’s Privacy Policy.
You grant a worldwide, perpetual, royalty-free, irrevocable, and transferable license to SlideBi to display, reproduce, transmit, use, and/or store this information to the extent necessary to support the operation of the App and Services.

SlideBi may edit or modify anything on the App or Services without notice

SlideBi is committed to delivering a positive user experience and you understand that SlideBi reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the App and the Services in its sole discretion, without notice. You also understand that SlideBi has a zero-tolerance policy for objectionable content or abusive behavior, and reserves the right (without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or through the App and the Services which SlideBi, in its sole discretion, determines is objectionable or constitutes abusive behavior.

System Requirements for the iOS and Android Apps

In order to use the App or Services, you are required to have a compatible device, Internet access, and the necessary minimum specifications (the “System Requirements”). You hereby acknowledge that the System Requirements may change from time to time, without notice, and that SlideBi makes no representations as to the accuracy of the System Requirements.
You may be required to obtain software and/or hardware updates or upgrades from time to time, as may be necessary for the continued use of the Services. You hereby acknowledge and agree that such System Requirements as specified, remains your responsibility.
We will use reasonable efforts to make the App that is part of the Services available at all times. However, you acknowledge that the App that is part of the Services is provided over the Internet and mobile networks, and so the quality and availability of the App that is part of the Services may be affected by factors outside our reasonable control. You further understand that we cannot guarantee that the App is part of the Services.
We will use reasonable efforts to make the App that is part of the Services available at all times. However, you acknowledge that we cannot guarantee that the App that is part of the Services shall always be available, error-free, or fully functional, and therefore cannot be held liable for any loss of data, content, etc. that results from any such unavailability or non-functionality.

Apple iOS Application Terms

If you download the App from the Apple App Store (the “iOS App”), you will use the iOS App only (i) on an Apple-branded product that runs Apple’s proprietary operating system software; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
You acknowledge and agree that (i) this Agreement is valid only between you and SlideBi, and that Apple is not a party to this Agreement other than as third-party beneficiary as set forth below; (ii) SlideBi, not Apple, is solely responsible for the iOS App; (iii) Apple has no obligation whatsoever to provide you with any maintenance or support services for the iOS App; and (iv) Apple will have no warranty obligation to you whatsoever with respect to the iOS App to the maximum extent permitted by applicable law.
You acknowledge and agree that, as between SlideBi and Apple, SlideBi and not Apple is responsible for addressing any claims you may have related to the iOS App, including but not limited to any product liability or consumer protection claims. You further acknowledge and agree that if your possession and/or use of the iOS App infringes on the intellectual property rights of any third party, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

You are responsible for accepting updated versions of the App and Services

If SlideBi provides updated versions of the App and/or the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
If you do not accept updated versions of the App and Services, SlideBi shall not bear any responsibility or liability for your decision.

You agree to let us monitor your activity on the App and Services

Because SlideBi wants to continue to improve the App and the Services for the benefit of you, the user, we may monitor your activity on the App and Services, including but not limited to any present and future SlideBi mobile device applications.
By using the App or Services you specifically agree to allow SlideBi to monitor you in this manner.
You understand, however, SlideBi cannot and does not make any warranties or guarantees that: (i) the App and Services, or any component thereof, will be made free from error or inaccuracy as a result of such monitoring or free from unauthorized and/or unacceptable use as a result of such monitoring; (ii) any statements or factual items presented by the App or Services will be free from error or authenticated; or (iii) SlideBi will take any action in the event of any non-compliance with these Terms of Use.

It is your responsibility to make sure this Agreement and your use of the App and Services complies with all laws applicable to you

You understand that SlideBi may, in its sole discretion, refuse to offer the App or the Services to any person or entity and/or change its eligibility criteria at any time.
You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
You understand that your right to access the App or Services will be revoked where this Agreement or use of the App or the Services is prohibited and, if that is the case, you agree not to use or access the App or the Services in any way.

SlideBi may terminate your use of the App and/or Services without reason or notice to you

While SlideBi respects its users, you agree that SlideBi may terminate your use of the App and/or the Services and prohibit you from accessing the App and/or the Services, for any reason, including but not limited to posting objective content or being an abusive user, or no reason, and with or without notice.

Who Owns What and How You Can Use It

The copyright to all content on the App and Services is owned by the provider of that content

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the App and the Services (“Copyright Content”) are the property of SlideBi or its content suppliers and are protected under applicable copyrights, trademarks, and other proprietary rights.
You may not copy, redistribute, use, or publish any part of the App or the Services, except as allowed by this Agreement.
You do not acquire ownership rights to any content, document, or other materials viewed through the App or the Services.

You may not use trademarks appearing on the App or Services in an infringing manner

You agree that SlideBi, www.slidebi.com, SlideBi Mobile, and other SlideBi graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of SlideBi or its affiliates (“Trademark Content”).
SlideBi trademarks and trade dress may not be used in connection with any product or service that is not owned, or expressly approved of in writing, by SlideBi, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits SlideBi.
All other trademarks not owned by SlideBi or its affiliates that may appear on the App or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SlideBi or its affiliates.

You may use the SlideBi App and Services for limited purposes

SlideBi grants you a limited license to access and make personal use of the App and the Services.
SlideBi does not grant you the right to download (other than page caching) or modify the App and the Services, or any portion of the App and the Services.
You understand SlideBi does not grant you the right to: (a) resell or make commercial use (except as provided herein) of the App and the Services or their contents; (b) make any derivative use of the App and the Services or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
You understand that the App and the Services or any portion of App and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of SlideBi and our affiliates without express written consent.
You may not use any meta tags or any other “hidden text” utilizing SlideBi’s name or trademarks without the express written consent of SlideBi. Any unauthorized use terminates the permission or license granted by SlideBi hereunder.
You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering of the Services.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SlideBi or to the page representing your listing(s) on SlideBi so long as the link does not portray SlideBi, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
You may not use any SlideBi logo or other proprietary graphic or trademark as part of the link without express written permission.

Some portions of the Services rely on Supported Platforms

You acknowledge that the App and Services interoperate with several third-party sites and services, including but not limited to Braintree and other third-party services (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to provide availability to SlideBi on reasonable terms, SlideBi may cease to provide such features to you without entitling you to refund, credit, or other compensation.
In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites. By enabling such Supported Platforms within the App or Services, you are allowing SlideBi to pass your log-in information to these Supported Platforms for this purpose.

You have the necessary rights to share content and materials should you choose to

The App and Services permit you and other users to create, submit, share, post, copy, link, store, and otherwise distribute certain information, images, photos, drawings, videos, icons, text, and/or other content (“User Content”). You are responsible for your User Content, including without limitation its legality, reliability, and appropriateness.
You warrant that either: (a) your User Content is wholly original to you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in this Agreement; or (b) all parties whose materials are included in your User Content, or who contributed in any way, are depicted in, or have any rights to your User Content, have granted you permission to submit and license your User Content to SlideBi as set forth herein, with full knowledge that SlideBi may exploit it in any manner whatsoever. You make such warranties without SlideBi incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
You grant to SlideBi the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache, or otherwise exploit in any manner whatsoever, all or any portion of your User Content, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or, hereafter developed, and to advertise, market, and promote the same.
You further agree that SlideBi is free to use any ideas, concepts, know-how, or techniques contained in any User Content you send to the App or SlideBi, for any purposes whatsoever, including, without limitation, developing, producing, marketing, and otherwise exploiting products and/or services using such User Content without remuneration of any kind.
You further perpetually and irrevocably grant SlideBi the unconditional right to use and exploit your name, persona, and likeness included in any User Content.
You also grant to SlideBi the right to sub-license and authorize others to exercise any of the rights granted to SlideBi.
You authorize SlideBi to publish your User Content in a searchable format that may be accessed by users of the App, Services, and the Internet, and you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

SlideBi’s Copyright Policy

SlideBi neither condones nor authorizes any activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
A description of the copyrighted work that you claim has been infringed;
A description of the material that you claim is infringing and where it is located on the App or Services;
Identification of the URL or other specific location on the App or Services where the material that you claim is infringing is located;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at [email protected] SlideBi reserves the right to terminate your account or any user account that it determines to be a “repeat infringer.” A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the App or Services.

What Laws and Rules You Are Responsible For Following

You promise to comply with this Agreement and any laws or regulations applicable to you

You promise not to use the App or the Services for any purpose that is prohibited by this Agreement.
You are responsible for all of your activity in connection with the App and the Services.
You shall abide by all applicable local, state, national, and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.

You agree to comply with SlideBi’s conduct policies when using the App or Services

We do our best to keep the App and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:

You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the App or Services except as expressly authorized by SlideBi;
You will not take any action that imposes or may impose (as determined by SlideBi in its sole discretion) an unreasonable or disproportionately large load on SlideBi’s (or its third-party providers’) infrastructure;
You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the App or Services, except to the limited extent applicable laws specifically prohibit such restriction;
You will not interfere or attempt to interfere with the proper working of the App and Services or any activities conducted on the App and Services;
You will not bypass any measures SlideBi may use to prevent or restrict access to the App and Services (or other accounts, computer systems, or networks connected to the App and Services);
You will not run any form of auto-responder or “spam” on the App and Services;
You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the App;
You will not harvest or scrape any content or materials from the App and Services;
You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
You will not upload, post, transmit, share, store, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You will not upload, post, transmit, share, store or otherwise make available any objectionable content on the App or Services, including but not limited to content directed at Providers or Requesters. SlideBi reserves exclusive discretion to determine what content is objectionable and take appropriate action to remove such content, including but not limited to editing, modifying, or deleting the objectionable content, or suspending or banning the account of the offending user.
You will not upload, post, transmit, share, store, or otherwise make available any content (such as a picture on a profile page) other than those of a personal nature that: (i) are of you, (ii) are taken by you, or (iii) are original content created by you;
You will not otherwise take any action in violation of SlideBi’s guidelines and policies.
You will not threaten, intimidate, harass, or otherwise engage in abusive behavior targeting another user or any parties, including but not limited to any Provider or Requester, on or through the App or Services, during the performance of Provider Services, or otherwise.
You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
You will not transmit or disseminate any “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the App and/or the Services in the course of using the App and/or the Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality, or validity of any statement or any other detail contained in the Submissions.
You will not use the App and Services in any manner or transmit any Submission that: infringes (or results in the infringement of) SlideBi’s or any third party’s intellectual property or other rights; is (or you reasonably believe to be) illegal, fraudulent, or unauthorized; or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity; or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause SlideBi to be in violation of any law or regulation, or to infringe any right of any third party.
You will not transmit any Submission and will not use the App and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive; material that is defamatory, harassing, or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or material that may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation, or is otherwise inappropriate.

Warnings

You use the App and Services at your own risk

SlideBi has no obligation to review any content or material, posted to or through the App and the Services and cannot therefore be responsible for such material or content.
By operating the App and the Services, SlideBi does not represent or imply that it endorses any content or material there posted, or that it believes such material to be accurate, useful, or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems and mobile devices from viruses, worms, Trojan horses, and other harmful or destructive content.
The App or the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
The App or the Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
SlideBi disclaims any responsibility for any harm resulting from the use by visitors of the App or the Services or from viewing or downloading by those visitors of content posted on the App or the Services.

You are responsible for your own conduct

You are solely responsible for your interactions with other users.
You agree to treat other users in a courteous and lawful manner, to reasonably cooperate with other users to allow them to perform the Provider Services, and, if applicable, to provide a safe and appropriate environment for users that is in compliance with all applicable laws and regulations.
SlideBi shall not be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the App or Services, including without limitation, bodily injury, emotional distress, property damage, damage to premises, and/or any other damages resulting from communications or meetings with other users of the App or Services, or persons you meet through the App or Services.

SlideBi is not responsible for what happens outside of the App and Services, including on websites the App or Services links to

You understand the App and the Services may contain (or you may receive from SlideBi, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, sound, video, information, software, applications, and any other content, including but not limited to from Supported Platforms (“Third Party Content”).
You understand and agree that SlideBi is not responsible for, and does not control, Third Party Sites and Third-Party Content. You also understand and agree that SlideBi is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites and Third Party Content.
You acknowledge and agree that SlideBi 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 the use of, or reliance upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
The App and Services may also, from time to time, access Third Party Content by accessing third-party Application Programing Interfaces (“APIs”) within the App and Services, including but not limited to from Supported Platforms. You understand and agree that the App and Services are not endorsed, certified, or otherwise approved in any way by the third-party providing such API and the provider of the API is not responsible for the App and Services. Notwithstanding any license provided under these Terms of Use (including the end user license granted under these Terms of Use), (i) any such third-party API is provided “as-is,” without any warranties and all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose and noninfringement, are expressly disclaimed; (ii) you may not modify or create derivative works based on any part of any such third party API; (iii) you may not decompile, reverseengineer, disassemble, and/or otherwise reduce any such third-party API to source code or other human-perceivable form, to the full extent allowed by law; (iv) ownership of any such third-party API and any services related to any such third-party API remain with the owner of the API; and (v) the provider of any third-party API used in connection with the App and Services disclaims any and all liability on the part of the third-party API provider for any interruption in its services as accessed via the App and Services.

Information and press releases should not be relied upon

The App and the Services may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press releases or otherwise should not be relied upon as being provided or endorsed by us.

Legal Conditions

SlideBi’s liability is limited

SlideBi is not responsible for any Third-Party Sites, Third Party Content, Supported Platforms, or any other content posted on the App or the Services, whether posted or caused by users of the App or the Services, SlideBi, third parties or by any of the equipment or programming associated with or utilized in the App or the Services.
SlideBi is not responsible for the conduct, whether online or offline, of any user of the App or the Services.
SlideBi assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, or unauthorized access to, or alteration of, user communications.
You understand that it is your duty to confirm and verify any information provided on or through the App and Services, and that you bear the sole risk of relying on any such information, including but not limited to User Content, Third Party Content, or links.
SlideBi is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or App, including injury or damage to users or to any other person’s computer, and/or mobile device.
Neither SlideBi nor any of its affiliates, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the App or the Services, anyone’s use of services purchased via the App or Services, any content posted on the App or the Services or transmitted to users, or any interactions between users of the App or the Services, whether online or offline.

WE TRY TO KEEP THE APP AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE APP AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, APP AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS APP OTHER LIMITATIONS. IN NO EVENT WILL SLIDEBI OR ITS OFFICERS, EMPLOYEES, AFFILIATES, MEMBERS, MANAGERS, AGENTS, OR SUBSIDIARIES HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, THE SERVICES, THE APP, OR PROVIDER SERVICES. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE APP OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

SLIDEBI DOES NOT CONTROL THE INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING PROVIDERS) OR SUPPORTED PLATFORMS ON THE APP OR SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE APP OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO, STATEMENTS MADE BY (1) USERS RELATED TO ANY PROVIDER SERVICES AVAILABLE THROUGH THE APP AND/OR SERVICES; (2) ALLEGED PROMISES RELATED TO THE ALLOCATION OF FUNDS, SERVICES TO BE PROVIDED, AND/OR ANY TIMELINES, AND (3) ANY THIRD-PARTY STATEMENTS, INCLUDING THOSE OF OTHER USERS

FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION THAT YOU PROVIDE ON THE APP AND SERVICES, INCLUDING BUT NOT LIMITED TO PICTURES, DESCRIPTIONS, VIDEOS, WARRANTIES, GUARANTEES, SOUNDS, GRAPHICS, MUSIC, SOFTWARE, OR ANY OTHER INFORMATION YOU PROVIDE IN THE REQUESTING, OFFERING, PURCHASE, OR SALE OF ANY PROVIDER SERVICES.

THE QUALITY OF THE PROVIDER SERVICES REQUESTED OR ORDERED THROUGH THE APP AND/ OR SERVICES IS ENTIRELY THE RESPONSIBILITY OF THE PROVIDER WHO ULTIMATELY PROVIDES SUCH PROVIDER SERVICES TO YOU. YOU THEREFORE ACKNOWLEDGE AND AGREE THAT BY USING THE APP AND/OR SERVICES, YOU MAY BE EXPOSED TO PROVIDER SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE, OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APP, SERVICES, AND SUCH PROVIDER, AT YOUR OWN RISK. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY PROVIDING SLIDEBI PROVIDER SERVICES TO A REQUESTER, YOU MAY BE EXPOSED TO CONDITIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE APP AND/OR SERVICES AND AGREE TO PROVIDE SLIDEBI PROVIDER SERVICES TO A REQUESTER AT YOUR OWN RISK. SLIDEBI SHALL NOT BE LIABLE FOR ANY TRANSACTIONS MADE BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY REQUEST OR ORDER YOU MAKE OR ACCEPT THROUGH THE APP OR SERVICES, AND YOU AGREE THAT ANY SUCH TRANSACTION IS EXPRESSLY BETWEEN YOU AND THE THIRD PARTY; YOU THEREFORE RELEASE SLIDEBI AND ITS OFFICERS, EMPLOYEES, AFFILIATES, MEMBERS, MANAGERS, AGENTS, AND SUBSIDIARIES, FROM ANY AND ALL CLAIMS, DEMANDS, AND DISPUTES.

SLIDEBI’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES AND USE OF THE APP, BUT IN NO CASE WILL OUR LIABILITY TO YOU EXCEED $100. YOU AGREE THAT DISPUTES BETWEEN YOU AND SLIDEBI WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE APP AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.

NOTWITHSTANDING THE FOREGOING, IF YOU ARE A NEW JERSEY RESIDENT, YOU ARE ENTITLED, PURSUANT TO NEW JERSEY’S TRUTH-IN-CONSUMER CONTRACT, WARRANTY AND NOTICE ACT (“TCCWNA”), TO SEEK CIVIL PENALTIES, DAMAGES, ATTORNEYS FEES AND COSTS IF THIS CONTRACT CONTAINS ANY PROVISION THAT VIOLATES “CLEARLY ESTABLISHED LEGAL RIGHTS.” PURSUANT TO A RULING BY THE NEW JERSEY SUPREME COURT, IN ORDER TO BRING A CASE AND OBTAIN DAMAGES UNDER TCCWNA, THE USER MUST SUFFER ACTUAL INJURY AS A RESULT OF THE CONTRACT’S VIOLATION OF RIGHTS.

You agree to indemnify SlideBi

You agree to indemnify, defend, and hold harmless SlideBi, its contractors, licensors, subsidiaries, and affiliates and their respective partners, directors, officers, members, managers, employees, and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the App and Services, including but not limited to your requesting or the performance of Provider Services, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) your violation of this Agreement or of any law or the rights of any third party, (4) your breach of this Agreement and/or any breach of your representations and warranties set forth herein, and (5) your failure to comply with any and all applicable laws, rules, and regulations in the procurement and provision of Provider Services via the App and/ or Services.

Territorial Restrictions

The information and/or features provided within the App and Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SlideBi to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of our App and Services or any portion of the App and Services, to any person, geographic area, or jurisdiction at any time and in our sole discretion and to limit the quantities or features of any content, product, service, or other feature that we provide.

Services provided by SlideBi may be subject to United States export controls. Thus, no software from the App and Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software or applications related to the App and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

You agree that New York law applies to this Agreement

Subject to the arbitration clauses included below, if there is any dispute arising out of the App and the Services, by using the App, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.

Your general representation and warranty

You represent and warrant that:
- You will use the App and Services in accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside)
- You will use the App and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.

Agreement to Arbitration

This Agreement to Arbitration section is referred to in these Terms of Use as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and SlideBi, whether arising out of or relating to these Terms of Use (including any alleged breach thereof), the App, the Services, any advertising, any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. You agree that, by entering into these Terms of Use, you and SlideBi are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
You and SlideBi agree that any cause of action arising out of or related to the App or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by arbitrators appointed in accordance with such rules.
You agree any arbitration shall take place in either New York County, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE APP OR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SLIDEBI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Other Terms

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
SlideBi may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.