1.     Introduction



Welcome to Weavework, Inc. (“Company”, “we”, “our”, “us”)! As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.



These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages (our “Site”) located at Weavework.ai operated by Weavework, Inc.



We will refer to all the services we provide, individually and collectively, and including any product you may license or purchase, as the “Service” or “Services”.



Our Privacy Policy also governs your use of our Site and our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: https://www.weavework.ai/privacy.



Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements and agree to be bound of them.



If you do not agree with (or cannot comply with) Agreements, then you may not use the Site, but please let us know by emailing support@weavework.ai so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use our Site. 



Thank you for being responsible.



2.     Communications



By creating an Account on our Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.



3.     License Grants to the Site and the Services



Subject to your compliance with these Terms, the Company grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable license to electronically access and use the Site solely as provided for in these Terms.



In addition, certain products or Services may be purchased or licensed by you pursuant to the terms of Subscription License Agreement (whether free or fee-based). By reviewing the terms of such Subscription License Agreement, and clicking “I accept”, you agree to be bound by such terms with respect to your subscription. The Subscription License Agreement includes license grants and restrictions related to the Services.



4.     Purchases



If you wish to license or purchase any product or service made available through the Site (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, certain information set forth below under “Subscriptions; Credit Cards” as well as your billing address and your shipping information. 



You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. 



We may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. 



5.     Subscriptions; Credit Cards



Some parts of the Site or Service may be billed on a subscription basis (“Subscription(s)”). In any such instance, 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 plan you select when purchasing a Subscription. 



At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Weavework, Inc. cancels it. You may cancel your Subscription renewal after you are billed for the then-current Billing Cycle and before you are billed for the next Billing Cycle either through your online account management page or by contacting the Weavework, Inc. customer support team.



A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Weavework, Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. You represent and warrant that: (a) you have the legal right to use any credit card(s) you provide to us, and that (b) the credit card information you supply is true, correct and complete. By submitting such payment information, you automatically authorize Weavework, Inc. to charge all Subscription fees incurred through your account to any such payment instruments until such time as you cancel your subscription to our Services. Should automatic billing fail to occur for any reason, Weavework, Inc. 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. In the alternative, we may cancel any Order if we reasonably suspect you have submitted incorrect or unauthorized credit card information.







6.     Free Trial



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



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



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



At any time and without notice, Weavework, Inc. reserves the right to (i) modify the Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.







7.     Fee Changes; Refunds



Weavework, Inc., in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. We will provide you with 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 Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.



Except as otherwise expressly provided for in these Terms, or when required by law, paid Subscription fees are non-refundable.







8.     Intellectual Property; Content



The Service and our Site are owned and operated by us and protected by copyright, trademark, and other laws of the United States and foreign countries. Our Site, the Service and its original content (excluding Content provided by users, but including the visual interfaces, custom fonts, graphics, designs and button designs, the compilation, information, data, computer code, and all other elements of our Site and the Service (collectively, “Materials”)), are and will remain the exclusive property of Weavework, Inc. and its licensors. You are authorized to view the Materials on our Site in accordance with these Terms; but you may not make any other use of the Materials without our prior express written permission. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Weavework, Inc.



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



By posting Content on or through the Site or the Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Site or the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright. 



Subject to the license grant from you in this Section, you retain any and all of your rights to any Content you submit, post or display on or through the Site or the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Site or the Service. You grant to us a non-exclusive worldwide, transferable and sublicensable license to use and modify, your Content, solely as necessary to provide the Site or the Service, without any further consent, notice and/or compensation to you or others.



In addition, Content found on or through the Site or the Service is the property of Fabryc, Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.







9.     Prohibited Uses



You may use the Site and the Service only for lawful purposes and in accordance with Terms. You agree not to use the Site or the Service: 



(a)   In any way that violates any applicable national or international law or regulation. 



(b)   For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. 



(c)   To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation. 



(d)   To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity. 



(e)   In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. 



(f)    To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or the Service, or which, as determined by us, may harm or offend Company or users of the Site or the Service or expose them to liability.







Additionally, you agree not to: 



(a)   Use the Site or the Service in any manner that could disable, overburden, damage, or impair the Site or the Service or interfere with any other party’s use of the Site or the Service, including their ability to engage in real time activities through the Site or the Service. 



(b)   Use any robot, spider, or other automatic device, process, or means to access the Site or the Service for any purpose, including monitoring or copying any of the material on the Site or the Service. 



(c)   copy, reproduce, republish, upload, post, transmit, resell or distribute in any way any material from the Site or the Service or for any other unauthorized purpose without our prior written consent. 



(d)   Use any device, software, or routine that interferes with the proper working of the Site or the Service. 



(e)   Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful. 



(f)    Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site or the Service, the server on which the Site or the Service is stored, or any server, computer, or database connected to the Service. 



(g)   Attack the Site or the Service via a denial-of-service attack or a distributed denial-of-service attack. 



(h)   Otherwise attempt to interfere with the proper working of the Site or the Service.



(i)  circumvent or manipulate any fee structure or billing process associated with the Site or the Service.



(j) work around any technical limitations in the Site, use any tool to enable features or functionalities that are otherwise disabled in the Site or the Service, or decompile, disassemble, or otherwise reverse engineer the Site or the Service except as otherwise permitted by applicable law.



(k) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or the Site or the Service or use any Company trademark or service marks, unless authorized to do so in writing by us.



(l) attempt to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures.







10.  Analytics



We may use third-party Service Providers to monitor and analyze the use of our Site or the Service.







Google Analytics



Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site or the Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.



For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.



We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.







Mixpanel



Mixpanel is provided by Mixpanel Inc.



You can prevent Mixpanel from using your information for analytics purposes by opting out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/.



For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms.







11.  No Use By Minors



The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Company, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Site or the Service.







12.  Accounts



When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Site. You agree that we may store and use your registration information to maintain your account.



You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or the Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. 



You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. 



We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.







13.  Error Reporting and Feedback



You may contact us directly at support@fabryc.ai with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Site or the Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.







14.  Links to Other Web Sites



Our Site may contain links to third party web sites or services that are not owned or controlled by Fabryc, Inc. We provide these links, if any, only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. Your browsing and interaction on any third-party websites, app, or service, including those that have a link or advertisement on our Site, are subject to that third party’s own rules and policies.Fabryc, Inc. has no control over, and assumes 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 Fabryc, Inc. 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 OF SERVICE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.







15.  Disclaimer of Warranty 



THE SITE AND THE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE AND THE SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE AND THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE AND THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE AND THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE AND THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE AND THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 



THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 



THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.



YOU ACKNOWLEDGE THAT THE NATURE OF INTERNET-BASED SERVICE DELIVERY IS SUCH THAT CONFIDENTIALITY AND PERFORMANCE CANNOT BE COMPLETELY ASSURED. WE SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS, USE, CORRUPTION OR LOSS OF ANY OF CONTENT.



The Site may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, data loss, theft or destruction or unauthorized access to, or alteration of, any communications. We are not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to your or any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site.







16.  Indemnity; Limitation of Liability



You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; and (iv) any claim that any of your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site and the Service.



IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR COSTS OF PROCURING SUBSTITUTE SERVICES OR PRODUCTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SITE OR THE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO US BY YOU UNDER THESE TERMS IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING ANY CLAIM MADE UNDER THIS AGREEMENT.



SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.







17.  Term; Termination and Cancellation



These Terms commence on the date on which you accept them and, unless terminated earlier, will continue until terminated. If you are entering into the Terms on behalf of a company, business or other legal entity, you represent that you have the authority to contractually bind such entity to these Terms. IF YOU DO NOT HAVE SUCH AUTHORITY TO CONTRACTUALLY BIND SUCH ENTITY TO THESE TERMS, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES.



We may terminate or suspend your account and bar access to the Site or the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. We further reserve the right to refuse or cancel any order from you at any time for any reason, including but not limited to product or service availability, errors in the description or price of the product or service, errors in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 



If we terminate your account or your access to the Site for any reason other than your breach of these Terms, then we will refund to you any fees you have prepaid for any period of time after the effective date of such termination.



If you wish to terminate your account, you may simply discontinue using the Site. 



All provisions of Terms which by their nature should survive termination shall survive expiration or termination of these Terms, including, without limitation, the sections titled “Intellectual Property; Content”, “Prohibited Uses”, Disclaimer of Warranty”, “Indemnity; Limitation of Liability”, “Term; Termination and Cancellation” and “Governing Law; Arbitration; Class Action Waiver”, and all associated definitions and all accrued rights to payment (if any)..





18.  Governing Law; Arbitration; Class Action Waiver



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



You and we mutually agree that, except for actions seeking equitable or injunctive relief, any dispute, controversy or claim arising out of or relating to the Terms will be referred to and finally resolved exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). Any arbitration shall take place in the city and county of Los Angeles, CA.



If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Fabryc, Inc., 5681 Silverstone Ter, Unit 304 Colorado Springs, CO 80919, Attn: Legal.



Class Action Waiver. You and we mutually agree that by entering into this agreement to arbitrate, both parties waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action (“Class Action Waiver”). Despite any other clause contained in this Agreement or the JAMS Rules (which may be found at www.jamsadr.com), any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. 







19.  Changes To the Site



We reserve the right to withdraw or amend our Site, and any service or material we provide via the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire the Site, to users, including registered users.







20. Assignment



You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be void and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.





21.  Amendments To These Terms



We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Site 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 Site.







22.  Waiver And Severability



No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision. 



If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.


23.  Contact Us



Please send your feedback, comments, requests for technical support by visiting this page on our Site: https://www.fabryc.ai/contact.