TERMS OF SERVICE
Updated as of November 15, 2019
Thank you for using BasicOps. These Terms of Service (the “Terms”) describe your rights and responsibilities when using our online collaboration tools and platform (the “Services”) provided by BasicOps, Inc. (“BasicOps”, “we”, “us” or “our”). Our Privacy Policy also governs the Services and informs users of our data collection practices. By using the Services, you agree to these Terms and the Privacy Policy. Please read these terms carefully, and keep a copy of them for your reference.
Electronic Communications
Using the Services or sending emails to BasicOps constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communications be in writing.
Your Account
BasicOps only offers company accounts on behalf of business entities and does not offer personal accounts on behalf of individuals. To use the Services, you’re agreeing that you have the authority to create a company account on behalf of the business entity, such as your employer. To create a company account, an individual (“User”), who represents the organization or business entity (the “Customer”) signs up on our website to initiate the first user account. The first user account, by default, is the “Administrator”. The first user account can then invite other individuals (“Users”), including external users, to create user accounts and begin using the Services. Administrators can also assign other Users to be designated Administrators. The terms “you” or “your”, as used herein, shall refer to Customer, Administrator and Users. The Services allow you to create projects and tasks and associated information, text, files, video, images, documents and other materials of any type that you upload, post, transmit, submit or otherwise make available to or through the Services (together the “Customer Data”) and to share that Customer Data with other Users. Users are responsible for all Customer Data that you upload, post, transmit, submit or otherwise make available via the Services. BasicOps does not control the Customer Data posted via the Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that BasicOps is not responsible for third party access to your account that results from theft or misappropriation of your account. BasicOps and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit Customer Data in our sole discretion.
Administrator access to Customer Data
Administrators have complete access to all Customer Data submitted under that account by its users. As a user, by using the Services, you grant permission to the Administrator to access, use, download, export, disclose, share, restrict and/or remove Customer Data associated with the account.
Children Under Thirteen
Our Services are not directed for persons under 13. We do not knowingly collect or solicit personally identifiable information from children under the age of thirteen. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information. If you believe that we might have any information from or about a child under 13, please contact us at contact@basicops.com.
Payment
For Customers that purchase our Services, fees are non-refundable except as required by law or as explicitly set forth herein. Customer will pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize BasicOps to charge such fees using your selected payment method. By default, Customer accounts are set to auto-renew and BasicOps may automatically charge you for such renewal on or after the renewal date associated with your account unless you have canceled the Services prior to the renewal date. BasicOps may revise fee rates for the Services from time to time and will provide Customer’s designated administrator(s) with email notice of any changes in fees at least thirty (30) days prior to your service renewal date. Customer is responsible for providing complete and accurate billing information to BasicOps. BasicOps may suspend or terminate Customer’s use of the Services if fees become past due. In connection with Customer’s purchase and/or use of the Services, you may be subject to taxes, including, without limitation, sales and use taxes. The obligation and payment of any such taxes shall be Customer’s responsibility. You can cancel the services at any time, but all paid fees are non-refundable.
Third Party Services
The Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of BasicOps and BasicOps is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BasicOps is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BasicOps of the site or any association with its operators. Certain services made available via BasicOps are delivered by third party sites and organizations. By using any product, service or functionality originating from BasicOps, you hereby acknowledge and consent that we may share such information and data with any third party with whom BasicOps has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.
No Unlawful or Prohibited Use/Intellectual Property
BasicOps owns and will continue to own the Services, including all related intellectual property rights. You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of use. As a condition of your use of the Services, you warrant to BasicOps that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner which could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. All content included as part of the Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used by the Services, is the property of BasicOps or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Services. BasicOps’ content is not for resale. Your use of the Services does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your use, and will make no other use of the content without the express written permission of BasicOps and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BasicOps or our licensors except as expressly authorized by these Terms.
Customer Data Provided to the Services
BasicOps does not claim ownership of the Customer Data you provide to the Services or post, upload, input or submit to the Services. You retain ownership of your Customer Data, but by uploading it onto the Services, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Customer Data for the purpose of (i) providing you the Services and support; (ii) displaying the Customer Data to the Customer and Users; and (ii) analyzing and improving the operation of the Services. By posting, uploading, inputting, providing or submitting your Customer Data you warrant and represent that you own or otherwise control all of the rights to your Customer Data as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Customer Data.
Marketing
You agree to be identified as a customer of BasicOps and you agree that BasicOps may refer to you by name, trade name, trademark, if applicable, and may briefly describe your business in BasicOps’ marketing materials and website.
International Users
The Services are controlled, operated and administered by BasicOps from our offices within the USA. If you access the Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the BasicOps Content accessed through the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless BasicOps, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Services,or any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BasicOps reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BasicOps in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms of Service, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms of Service, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms of Service or any disputes arising as a result of these Terms of Service, whether directly or indirectly, including Tort claims that are a result of these Terms of Service. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms of Service.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BASICOPS, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SERVICES AT ANY TIME. BASICOPS, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BASICOPS, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BASICOPS, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES, WITH THE DELAY OR INABILITY TO USE THE SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BASICOPS, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Termination/Access Restriction
BasicOps reserves the right, in its sole discretion, to terminate your access to the Services and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BasicOps as a result of this agreement or use of the Services. BasicOps’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BasicOps’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by BasicOps with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and BasicOps with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BasicOps with respect to the Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Modifications to the Services
The Services may be modified from time to time, often without prior notice to you. Your continued use of the Services constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Services, your sole remedy is to terminate your use of the Services.
Changes to Terms
BasicOps reserves the right, in its sole discretion, to change the Terms under which the Services are offered. The most current version of the Terms will supersede all previous versions. BasicOps encourages you to periodically review the Terms to stay informed of our updates.
Contact Information
BasicOps welcomes your questions or comments regarding this Terms of Service. Please contact us at contact@basicops.com or at our mailing address:
BasicOps, Inc. 845 Market St, Suite 450 San Francisco, California 94103
PRIVACY POLICY
Last updated: November 15, 2019
Protecting your private information is our priority. This Statement of Privacy applies to BasicOps, Inc.(together, “we”, “us”, ”our” or “BasicOps”), our online collaboration tools and platform (the “Services”), and governs data collection and usage. Our Services are currently available for use via a web browser on your desktop and mobile devices. By using BasicOps and the Services, you consent to the data practices described in this Privacy Policy and our Terms of Service.
Collection and Use of your Information
Information you Provide
BasicOps only offers company accounts on behalf of business entities and does not offer personal accounts on behalf of individuals. To use the Services, you’re agreeing that you have the authority to create a company account on behalf of the business entity, such as your employer. To create a company account, an individual (“User”), who represents the organization or business entity (the “Customer”) signs up on our website to initiate the first user account. The first user account, by default, is the “Administrator”. The first user account can then invite other individuals (“Users”), including external users, to create user accounts and begin using the Services. Administrators can also assign other Users to be designated Administrators. The terms “you” or “your”, as used herein, shall refer to Customer, Administrator and Users. The Services allow you to create projects and tasks and associated information, text, files, video, images, documents and other materials of any type that you upload, post, transmit, submit or otherwise make available to or through the Services (together the “Customer Data”) and to share that Customer Data with other Users. Users are responsible for all Customer Data that you upload, post, transmit, submit or otherwise make available via the Services. BasicOps does not control the Customer Data posted via the Services. When you create an account and when you invite Users, we will collect personally identifiable information associated with the account, some of which may or may not be optional such as your:
– Name – Company – E-mail Address – Password – Photograph – Phone Number
We will utilize a third party credit card payment processing company to collect payment information, including your credit card number, billing address and phone number. This information is used to complete the purchase transaction. We will share this payment information with the third party processing company. We do not store your payment information. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through BasicOps’ public message boards, blogs or online forums this information may be collected and used by others. We encourage you to review the privacy statements of websites you choose to link to from BasicOps so that you can understand how those websites collect, use and share your information. We are not responsible for the privacy statements or other content on other websites when you leave BasicOps. Even if you are not a registered user of our Services, if you email us, we may retain a record of such email communication, including your email address, the content of your email, and our response.
Use of your Information
BasicOps collects and uses your information to deliver the services you have requested. You retain ownership of your Customer Data, but by uploading it onto the Services, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Customer Data for the purpose of (i) providing you the Services and support; (ii) displaying the Customer Data to the Customer and Users; and (iii) analyzing and improving the operation of the Services. The Customer, whether that Customer is your employer or another organization, that Customer determines its own policies regarding storage, access, modification, deletion, sharing, and retention of Customer Data which may apply to your use of the Services. Please check with the Customer about the policies and settings it has in place. Administrators have complete access to all Customer Data submitted under that account by its users. As a user, by using the Services, you grant permission to the Administrator to access, use, download, export, disclose, share, restrict and/or remove Customer Data associated with the account. We may also use your personally identifiable information to inform you of other products or services available from BasicOps and our affiliates. BasicOps may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. We do not sell, rent or lease customer lists or personal information to third parties. We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or process payments. All such third parties are prohibited from using your personal information except to provide these services to BasicOps, and they are required to maintain the confidentiality of your information. We may keep track of the websites and pages our users visit within BasicOps, in order to determine what services are the most popular. This data is used to help monitor, improve, and deliver customized content and advertising within BasicOps to customers whose behavior indicates that they are interested in a particular subject area. We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BasicOps or the site; (b) protect and defend the rights or property of BasicOps; and, (c) act under exigent circumstances to protect the personal safety of users of BasicOps, or the public.
Automatically Collected Information
Information about your computer hardware and software and mobile hardware and software may be automatically collected when you use the Services. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for operation of our Services and to help monitor, improve, maintain, and provide general statistics regarding the use of our Services.
Use of Cookies
We may use “cookies”, or other technologies like pixels or web beacons, to help you personalize your online experience and help us monitor, analyze and improve the Services. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. We use both session-based and persistent cookies. Any time you register on a site, use a site, or identify yourself or the computer you are using through a site, you have given use permission to link personally identifiable information with cookies. Session-based cookies last only while your browser is open and are automatically deleted when you close your browser. Persistent cookies last until you or your browser delete them or until they expire. For example, if you sign up for a BasicOps account, a cookie helps BasicOps to recall your specific information on subsequent visits. This simplifies the process of recording your personal information. When you return to the same BasicOps page, the information you previously provided can be retrieved, so you can easily use the features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Services or websites you visit. We do not currently recognize or respond to browser-initiated Do Not Track signals that provide a method to opt out of the collection of information about online activities over time and across third-party websites or online services as there is no consistent industry standard for compliance.
Security of your Personal Information
The security of your information is important to us. BasicOps secures your personal information from unauthorized access, use, or disclosure. When you enter sensitive information (such as a credit card number) as part of our Services, we encrypt the transmission of that information using industry-standard encryption, such as the Secure Sockets Layer (SSL) protocol. We take necessary steps to protect your information from misuse, loss, or unauthorized access or disclosure.
Children Under Thirteen
Our Services are not directed for persons under 13. We do not knowingly collect or solicit personally identifiable information from children under the age of thirteen. If we become aware that we have collected personal information from a child under age 13 without verification of parental consent, we take steps to remove that information. If you believe that we might have any information from or about a child under 13, please contact us at contact@basicops.com.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from BasicOps by contacting us at contact@basicops.com.
Changes to this Statement
BasicOps will occasionally update this Privacy Policy to reflect company and customer feedback. BasicOps encourages you to periodically review this Statement to be informed of how BasicOps is protecting your information.
Contact Information
BasicOps welcomes your questions or comments regarding this Privacy Policy. Please contact us at contact@basicops.com or at our mailing address:
BasicOps, Inc. 845 Market St, Suite 450 San Francisco, California 94103