Description of Customer and Provider responsibilities.
We run a website located at https://web.wildnoteapp.com (the “Site”) and a corresponding mobile application called Wildnote. (the “App”) (both collectively, “Wildnote”) through which we enable customers (each a “Customer,” or “you,” “your,” etc.) to collect field data on their mobile devices and to store their Content (as that term is defined below) for analysis, sharing and reporting. Wildnote’s basic service is free during the trial period, and we offer paid a monthly or yearly subscription model. Our service is designed to give you as much control and ownership over your data as possible, and we encourage you to express yourself freely. However, if there is even the slightest possibility that your data will be viewed by others (and there is ALWAYS that possibility), please be responsible for what you post. In particular, do not post any prohibited or illegal items (including, but not limited to, spam, viruses, child pornography, or serious threats of violence) on Wildnote.
Please read the Terms and entire Agreement carefully before accessing or using our Services. By accessing Wildnote or using any part of our Services, you agree to become bound by the terms and conditions of the entire Agreement, including these Terms. If you do not agree to all terms and conditions of the Agreement, then you may not access or use any of our Services. We acknowledge that our Customers may authorize multiple Members (as defined below) to use the Services under that Customer’s particular Account (as defined below). Access to or use of the Services by you shall cause these Terms to be binding upon the Customer and all Members using the Customer’s Account.
Our Services are not directed to children younger than 13, and access and use of our Services are only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a Wildnote account (your “Account”). You agree to provide us with complete and accurate information when you register your Account.
- Your Wildnote Account.
- Username and Password. You are responsible for maintaining the security of your Account and its associated password, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with your Account.
- Additional Users. Your Account also supports the addition of other users (“Members”) to collaborate and share Content. Each Member within your Account may use the Services, but each Member must have their own Member account (“MA”). Sharing of MAs between multiple individual users is not permitted.
- Unauthorized Use. Customers and/or Members must immediately notify Wildnote of any unauthorized uses of an Account or MA, as applicable, or any other breaches of security. Wildnote will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- API Usage. When you are using the Site and App, requests you make to the application programming interface (API) are authenticated using your account’s API key. Just as with your password, you are responsible for maintaining the confidentiality and usage of your API key. You are solely responsible for all usage of the Services under your account, authorized or unauthorized, including any user of your API key.
- Rights Granted. On the condition that you comply with all obligations under these Terms, we grant to each Customer and Member a limited, royalty-free, non-exclusive, non-transferable, terminable right and license to use the Services, which includes downloading, installing, and operating the mobile software application components, all in accordance herewith and with such instructions and documentation as we may post on the Site or otherwise promulgate from time to time. This license is for the sole purpose of using the Services for their intended purpose as outline in these Terms. You may not copy, modify, adapt, distribute, sell, lease or reverse engineer any part of our Services.
- Responsibility of Contributors.
- If you post material or links on Wildnote or otherwise make (or allow any third party to make) material available on Wildnote (all of the foregoing collectively, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. This is the case regardless of what form the Content takes, including, but not limited to, text, photo, video, audio, or code. By using Wildnote, you represent and warrant that your Content and conduct do not violate these Terms or the rest of the Agreement.
- By submitting Content to Wildnote, you grant Wildnote a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing the data in accordance with the permissions granted under your account. This license also allows Wildnote to make publicly-posted content available to third parties selected by Wildnote (for research studies, for example), or for marketing purposes (to showcase Wildnote’s capabilities, for example). You also give other Wildnote users permission to share your publicly-posted Content and to include your Content with their own publicly-posted content, as long as they give you credit as the source of the Content.
- If you delete Content, Wildnote will use reasonable efforts to remove it from Wildnote, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of the foregoing, Wildnote has the right (though not the obligation) to, in Wildnote’s sole discretion, (i) remove or refuse to display any content that, in Wildnote’s reasonable opinion, violates any Wildnote policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of Wildnote to any individual or entity for any reason. In such a case, Wildnote will have no obligation to provide a refund of any amounts previously paid.
- Prohibited Uses. When using Wildnote, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Use Wildnote in a manner that disables, overburdens, or impairs Wildnote’s systems or servers, or that interferes with another user’s use of Wildnote, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is, or that enables, malware, spyware, adware, or other malicious code.
- Infringe or violate the rights of any third party.
- Payment, Renewal, and Refunds.
- Levels of Service. Wildnote offers different Account types, each with a different level of service. By signing up for a particular Account type, you agree to pay Wildnote the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to continue your subscription, your subscription will renew automatically.
- Optional Paid Services. Optional paid services, such as extra storage, are available (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Wildnote the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. You can read about our refund policy here.
- Automatic Renewal. Unless you notify Wildnote before the end of the applicable subscription period that you want to cancel an Account, change Account type or cancel an Upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Services can be canceled at any time in your account settings. If we change the pricing for a Service to which you've subscribed, we will notify you before your subscription is set to renew. Payment failures will result in the cancellation of your Wildnote services until a valid payment method is provided and payment is processed.
- Refunds. We offer refunds up to thirty (30) days after payment.
- Cancellation. If you cancel your subscription to Wildnote, we will queue any backed-up Content for deletion.
- Responsibility of Visitors. Wildnote has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot, therefore, be responsible for that material’s content, use or effects. By operating our Services, Wildnote does not represent or imply that it endorses the 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 from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our 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. Wildnote disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Wildnote links, or the websites and webpages that link to Wildnote. Wildnote does not have any control over those non-Wildnote websites, is not responsible for their content or their use, and does not necessarily endorse that website or its content. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Wildnote disclaims any responsibility for any harm resulting from your use of non-Wildnote websites and web pages.
- Customer Service. We may, but are not obligated to, provide assistance and guidance respecting our Services through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we feel that your behavior towards any of our representatives is at any time inappropriate, we reserve the right to immediately terminate your access to our Services. We may offer premium support options for an additional cost via an Upgrade or specified Account type.
- Copyright Infringement and DMCA Policy. As Wildnote asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Wildnote violates your copyright, you are encouraged to notify Wildnote in accordance with Wildnote’s Digital Millennium Copyright Act (“DMCA”) Policy. Wildnote will respond to all such notices and will remove any material deemed to be infringing and/or disable all links to infringing material as appropriate. Wildnote will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Wildnote or others. In the case of such termination, Wildnote will have no obligation to provide a refund of any amounts previously paid to Wildnote.
- Intellectual Property. This Agreement does not transfer from Wildnote to you any Wildnote or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Wildnote. Wildnote, wildnoteapp.com, web.wildnoteapp.com, the Wildnote logo, and all other trademarks, service marks, graphics, and logos used in connection with Wildnote or our Services, are trademarks or registered trademarks of Wildnote or Wildnote’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Wildnote or third-party trademarks or copyrighted material.
- Termination. Wildnote may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Wildnote account, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Disclaimer of Warranties. Our Services are provided “as is.” Wildnote and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Wildnote nor its suppliers and licensors make any warranty that our Services will be error-free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
- Limitation of Liability. In no event will Wildnote, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) interruption of use or loss or corruption of data; or (iv) any amounts that exceed the fees paid by you to Wildnote under this Agreement during the twelve (12) month period prior to the cause of action. Wildnote shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- US Economic Sanctions. You expressly represent and warrant that your use of our Services is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Wildnote reserve the right to terminate the Account and/or access of those in breach of this condition.
- Indemnification. You agree to indemnify and hold harmless Wildnote, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Wildnote and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Wildnote, or by the posting by Wildnote of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Luis Obispo County, California. 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 three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Luis Obispo, California, 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. 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. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Wildnote 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.