Preamble

We are StartDeck with address at 1 Bridge Street, Suite 102 Plymouth New Hampshire, United States (“StartDeck/we/us/our”)

StartDeck is a productivity platform providing standard documents and templates for a range of business and personal use cases.

These Terms of Service (“the Terms”) govern your use and access to the StartDeck website, content, services and software (collectively the “Services”).

By using our site, you confirm that you have read and accept these Terms and that you agree to comply with them. If you are using our Services as an employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.

If you do not agree to these Terms, you must not use our Services. We recommend that you print a copy of these Terms for future reference.

We reserve the right to amend these Terms from time to time. If we make any substantial changes we will notify you, however, please check these Terms on a regular basis to ensure you understand what applies to you that apply at that time.

1. Definitions

Google add-on: means a software extension (‘Add-on’) that adds extra features to your Google web browser.

• StartDeck Writer for Google Docs
• StartDeck Tables for Google Sheets

Web Application: means the application program that is delivered over the Internet through your browser interface.

• StartDeck Dashboard for Google Drive

User Account: means the account through which Users access the Services.

Users: means individuals who are authorized by You to use the Services, for whom user identifications and passwords have been supplied by You (or by Us at Your request).

2. Accessing the Service

You may access the Services by either installing it as a Google add-on or through your account via the Web Application. Certain functionalities will differ as per the desired method by which you choose to access the Services as set out below.

3. Use of the Services

3.1. Your Responsibilities

3.1.1. You shall

1. not resell or make available the Services to any third party, or otherwise commercially exploit the Services;
2. Be responsible for ensuring that your access to and/or use of the Services is in compliance with all laws, rules and regulations applicable to you;
3. be responsible for Your and/or the Users’ compliance with this Agreement;
4. be solely responsible for the accuracy, quality, integrity and legality of your content and data and of the means by which you acquired your content and data;
5. use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify us promptly of any such unauthorized access or use. You will ensure that the Services are not made available to anyone other than the Users;
6. cooperate with us in all matters relating to the Services;
7. use the Services only in accordance with applicable laws and government regulations;
8. Be responsible for securing all licences, authorisations and consents required for you and your personnel to use the Services;
9. Not use the Services to store or transmit infringing, libellous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights;
10. Not use the Services to store or transmit Malicious Code;
11. Not interfere with or disrupt the integrity or performance of the Services or third-party data contained therein.

3.2. Our Responsibilities

3.2.1. General

We will use reasonable efforts to provide the Services:

1. in accordance with the Agreement and applicable laws;
2. exercising reasonable care, skill and diligence; and
3. using suitably skilled, experienced and qualified personnel.

3.2.2. Availability

We will use reasonable efforts to ensure that the Services are available on a 24/7 basis. However, it is possible that on occasion the Services may be unavailable from time to time and as such availability cannot be guaranteed. We will use reasonable efforts to publish on the Website advance details of any unavailability.

4. Your Content and Data

We collect, store and process your personal data only in connection with and for provision of providing the Services to the legally permissible extent and in accordance with the applicable law. Detailed information on data collection and processing, as well as your rights in connection with such, can be found in our Privacy Policy.

Your election to use the Services indicates your acceptance of the terms of the Privacy Policy. You are responsible for all activities that occur in your User Account and you agree to inform us immediately of any unauthorized use of your User Account by email to admin@startdeck.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your User Account, or otherwise.

You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties as necessary to deliver the Services. We reserve the right (but have no obligation) to review any content, and to investigate or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or any other person.

You are solely responsible for securing and backing up your content. You agree that we have no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.

5. Charges and payment

Some features of the Services are billed on a subscription basis. These are monthly subscriptions with charges being made each renewal day (the same day of the month that you originally signed up for the Pro Subscription). The subscriptions automatically renew every month. If you cancel before an upcoming renewal day, you will have access to your User Account through the end of the then-current month.

All fees, expenses and taxes due hereunder will be paid in U.S. dollars and will be made via credit card or your Paypal account.

All fees due and payable by you to StartDeck under the Terms must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law.

We reserve our rights at our sole discretion and at any time to modify our monthly subscription fees. Any changes to the subscription fees will take effect at the start of next new billing month.

6. Intellectual Property Rights

We and our licensors (if any and where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Services. The Services are licensed to you and under no circumstances is it sold/transferred to you. In no way do these Terms provide you with any rights of ownership in or related to the Services. The logo and other names associated with the Services belong to us or our licensors (if any and where applicable) and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We (and our licensors, if any and where applicable) reserve all rights not granted in these Terms. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of StartDeck.

7. No Legal Advice

StartDeck only provides a platform for information and draft templates. Our templates and content are not intended as legal advice. The information, software, products, and services made available, although intended to be accurate and useful, may include inaccuracies or typographical errors. We do not review the content and information you provide us, nor do we offer any opinions, legal or otherwise, regarding the information you provide. Information received via StartDeck should not be relied upon for personal, medical, legal, or financial decisions. StartDeck is not your lawyer. You should consult an appropriate professional for specific advice tailored to your situation. The use of our Services is at your own risk and at no point constitutes any legal advice.

8. Electronic Signatures #

StartDeck enables you to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states. We do, however, does not authenticate users' signatures or identities.

By using the Services, you hereby consent to using electronic signatures on StartDeck. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting contract signed using StartDeck's electronic signature service and technology. StartDeck does not authenticate users' signatures or identities.

Please also be aware that although electronic signatures are valid and enforceable with consent in most jurisdictions this does vary from country to country. It is your responsibility to determine whether any particular legal instrument is (i) subject to an exception to applicable electronic signature laws; or (ii) whether it can be legally formed by electronic signatures. It is your responsibility to make sure that laws of the country which govern your legal instruments and agreements deem electronic signatures admissible, valid and enforceable.

9. No Assurance

The Services are provided “as is” and “as available” and without assurances or warranties of any kind, either express or implied, including, but not limited to, non-infringement, any implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction.

10. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall StartDeck and be liable for any 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, the provision of or failure to provide Services, or for any information, features, or functionality 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 StartDeck has been advised of the possibility of damages.

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. StartDeck’s cumulative liability to you for your use or access to the Services or features and functionality provided through the Services is limited to the amount paid by you to StartDeck in the 12 months immediately preceding the claim.

11. Indemnification

You will defend, indemnify and hold StartDeck, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from all demands, proceedings, losses, costs, damages, awards, fees, expenses, and/or liabilities of any nature including without limitation reasonable attorneys’ fees, that arise from and/or relate to (i) your use of the Services and/or inability to use the Services; (ii) your Content; (iii) your violation of the Terms, (iv) your violation of any rights of a third party through your use of the Services or your Content; (v) fraud you commit and/or your intentional misconduct and/or negligence and/or (vi) your interaction with any other user. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of StartDeck. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

12. Termination

These Terms will continue to apply until terminated by you or us as follows.

You may stop using the Services at any time. If you choose to deactivate your User Account, we will close it but can be reactivated at any time.

We may in our sole discretion, terminate or suspend your access to all or part of the Services at any time for any reason, including without limitation, breach of this agreement. We will notify you by the email address associated with your User Account or at the next time you attempt to access your User Account of the termination.

In the event this agreement is terminated, the assurances, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.

13. Governing Law and Dispute Resolution

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New Hampshire applicable to agreements made and to be entirely performed within the State of New Hampshire, without regard to its conflict of law principles.

Any dispute involving you and us that cannot be resolved informally or through small claims court shall be resolved through arbitration on an individual basis only. You and we are each waiving the right to sue in court, to have a trial by jury, or to participate in a class action or class arbitration.

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in New Hampshire and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, StartDeck may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

14. General

Waiver: StartDeck's failure to enforce a provision is not a waiver of our right to do so later. To waive a right under these Terms, that waiver must be in writing and signed by the waiving party.

Entire agreement: These Terms set out everything agreed by the parties relating to the Services. The parties have not relied on any representation, warranty or agreement relating to the subject matter of the Agreement that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect.

Force Majeure: Neither party is liable to the other for any failure to perform its obligations under the Agreement to the extent caused by Force Majeure, provided that the affected party:

1. immediately notifies the other party and provides full information about the Force Majeure;
2. uses best efforts to overcome the Force Majeure; and
3. continues to perform its obligations to the extent practicable.

Severability: If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Notices: You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and your Account, satisfy any legal requirement that such communications be in writing.

15. Contact

If you would like to request additional information regarding these Terms or for any questions regarding a commercial relationship with StartDeck, please contact us at admin@startdeck.com.