Terms of service — Lago

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• Entity Report an error

  “Get Lago Corp., a Delaware corporation with its registered office at 1111B S Governors Ave #7455, Dover, DE 19904, United States, and registered with company number 86-3963083”

• Dispute resolution Report an error

  “CUSTOMER AGREES TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT, INDIVIDUALLY OR AS PART OF A CLASS ACTION.”

• Service definition Report an error

  “"Service" or "Services" means Company's software-as-a-service platform for billing activities, including the Lago API, as more particularly described in the Documentation.”

• Plans Report an error

  “"Plan" means the product plan stated in the applicable Order Form (Starter, Pro, Business, Enterprise).”

• Free trial Report an error

  “Company may offer Customer free trial access to the Service ("Trial") for a time-limited number of days unless otherwise agreed by Company in writing (electronic communication acceptable).”

• Trial liability cap Report an error

  “Company's liability for all claims arising under a Trial or beta use will not exceed $100.00”

• Taxes exclusive Report an error

  “All consideration payable or to be provided under or in accordance with these Terms (including any fees) is exclusive of Taxes.”

• Late payment interest Report an error

  “interest charges may be added to any past due amounts at the lower of: (i) one and a half percent (1.5%) per month; or (ii) the maximum amount allowed by applicable law”

• Nonpayment suspension Report an error

  “Company reserves the right to suspend or cancel performance of all or part of the Service if payment is not received by Company within ten (10) days after Company provides notice of non-payment to Customer.”

• High risk prohibition Report an error

  “Customer will not, and will not permit any third party to, use the Service in connection with any high-risk or strict liability activity (including, without limitation, space travel, firefighting, police operations, power plant operation, military operations, rescue operations, hospital and medical operations or the like).”

• Internal use only Report an error

  “Customer will not, and will not permit any third party to, use the Service for any purpose other than Customer's own internal business use”

• License restrictions Report an error

  “(g) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Services, in whole or in part; (h) use any intellectual property rights protected by applicable laws and contained in or accessible through the Service for the purpose of building a competitive product or service or copying its features or user interface; or (i) access or use the Services for purposes of competitive analysis of the Services or the development, provision, or use of a competing service or product.”

• Customer ownership Report an error

  “As between Customer and Company, Customer owns and will continue to own all rights, title, and interest, including all Intellectual Property Rights, in and to its Customer Data.”

• Aggregated use Report an error

  “Company will be free (during and after the Service Term) to: (a) use such data to improve and enhance the Services and for other development, diagnostic, and corrective purposes in connection with the Services; and (b) utilize any such data in an aggregated or other de-identified form for any lawful purpose in conformance with applicable privacy laws.”

• Company ip Report an error

  “Company owns and reserves all rights, title, and interest, including all Intellectual Property Rights, in and to: (a) the Services and all improvements, enhancements, modifications, and derivative works thereof; (b) the Documentation; (c) all Resultant Data”

• Feedback license Report an error

  “Customer hereby grants Company a royalty-free, worldwide, transferable, sublicensable, irrevocable, and perpetual license to any Feedback.”

• Warranty Report an error

  “Company represents and warrants to Customer that during the Service Term, the Service will materially comply with the Documentation.”

• As is disclaimer Report an error

  “THE SERVICE IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED”

• Third party software Report an error

  “"Third-Party Software" means any software program, computer code, programming libraries, application programming interfaces, or other materials, (i) the intellectual property rights of which are not owned by Company or its Affiliates and (ii) which are not licensed to Customer under the Terms, but are licensed subject to the license terms and conditions specified at https://getlago.com/third-party-software.”

• Ip indemnification Report an error

  “Company will indemnify, defend and hold harmless Customer, its officers, directors, and employees (collectively, "Customer Indemnitees") from and against all Losses awarded in final judgment or paid in settlement in relation to any third party claim, action or suit ("Claim") brought against Customer Indemnitees arising from an allegation that Customer's authorized use of the Service in accordance with these Terms infringes any Intellectual Property Right of a third party”

• Customer indemnification Report an error

  “Customer will defend, indemnify and hold harmless Company, its officers, directors, employees, contractors and licensors (collectively, "Company Indemnitees"), from and against all Losses in relation to any Claims against any Company Indemnitees arising from or in relation to: (a) Customer Data, including any processing of Customer Data by or on behalf of Company in accordance with these Terms”

• Renewal Report an error

  “the Service Term will automatically renew for successive periods equal in length to the initial Service Term (each a "Renewal Service Term"), unless either party gives written notice to the other of its intention not to renew at least thirty (30) days before the commencement of the next Renewal Service Term.”

• Termination cure Report an error

  “If either party materially breaches the terms of these Terms or an Order Form, and such breach is not cured within thirty (30) days after written notice of the breach is given to the breaching party, then the non-breaching party may, by giving written notice of termination to the breaching party, terminate these Terms and/or any applicable Order Form; provided, however, that in case of non-payment of fees the cure period shall only be ten (10) days.”

• Assignment Report an error

  “either party may assign these Terms to an acquirer of or successor to all or substantially all of its business or assets to which these Terms relates, whether by merger, sale of assets, sale of stock, reorganization or otherwise, provided that such assignment or transfer is not in favor of a direct competitor of the non-assigning party.”

• Notices email Report an error

  “Customer shall direct all notices to Company to the email address: legal@getlago.com.”

• Force majeure termination Report an error

  “If a Force Majeure Event continues for more than ninety (90) days continuously after the commencement of the Force Majeure Event, either party may terminate the affected Order Form and/or these Terms immediately by giving written notice to the other party, and Company shall refund to Customer any prepaid and unused fees for the affected Services.”

• E signature Report an error

  “these Terms may be executed by one or more of the parties in the form of an "Electronic Record," as such term is defined in the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("ESIGN Act").”

• Export control Report an error

  “Customer may not remove or export from the United States or allow the export or re-export of the Service or anything related thereto, or any direct product thereof, in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority.”

• Beta features Report an error

  “Trials and beta features are provided "AS IS" without warranty of any kind, and Company disclaims all warranties, indemnities and other liability for Trials and beta features.”

• Order form precedence Report an error

  “In the event of any conflict between these Terms and an Order Form, the terms of the Order Form shall govern unless expressly stated otherwise in the Order Form.”

• Confidentiality Report an error

  “Confidential Information shall not include information which: (1) is or later becomes publicly available other than by the Recipient disclosing it in violation of these Terms”

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