10,000ft Plans Terms of Service

Acceptance of Terms

Before you register with 10,000ft Plans, you must read and agree to these Terms of Service (‘TOS’). The following TOS are between you and Artefact Product Group, LLC (“APG”) and constitute a legal agreement that governs your use of the 10,000ft Plans service and website (collectively referred to as the ‘Service’). By using the Service, you are agreeing to be bound by the following terms and conditions of these TOS.

APG may update or change the TOS from time to time without notice to you and recommends that you review the TOS on a regular basis. Any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service subsequent to any such revisions, shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: https://www.10000ft.com/plans/termsofservice

You agree that APG may terminate your account and access to the Service should you violate any of the TOS. While APG prohibits conduct and Content on the Service that fails to comply with these TOS, you understand and agree that APG cannot be responsible for the Content posted on the Service and you risk being exposed to such materials. “Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials.

Description of the Service

The Service is a web-based project management application from APG, that is made available on an “AS IS” and “AS AVAILABLE” basis. APG uses or may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You assume all risks associated with your use of the Service.

Your 10,000ft Plans Account

To sign in and activate the Service, you must create an account if you don’t already have one. To complete the sign up process, you must provide your legal full name, a valid e-mail address, and provide any other information requested. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for up to the number of users allowed based on the type of account you have signed up for.

You are responsible for maintaining the security of your account and password. Please choose a strong password and do not reveal it to others. APG cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

Support

APG will provide technical or other support for the Service via e-mail only. For more information about our support offering please refer to this website http://www.10000ft.com/plans/support.

Promotional Trial Period

Users may register for a one-time thirty (30) day free trial period which starts upon registration. A countdown of the number of days remaining in your trial period will be visible. You may upgrade to a paying account at any time during the trial period. Users may add, modify and remove an unlimited number of projects and users during the trial period. When the 30-day free trial period ends, you will be contacted and prompted to upgrade to one of the paying accounts. You will have a period of ninety (90) days to upgrade. If you do not do so before or during this time, your account will be closed and your data will be deleted.

Payment, Refunds, Upgrading and Downgrading Terms

Free trial account users are not required to provide a credit card number. An upgrade from the free 30-day trial to any paying plan will end your free trial and a valid credit card or invoiced payment is required for the Service to continue. You will be billed for your first month immediately upon upgrading. All fees are exclusive of all federal, state, provincial, municipal or other taxes. Pricing is in U.S. dollars and payments will be charged in U.S. dollars. If you live outside the United States, this charge is converted by your bank into your local currency and should appear on your credit card statement in that currency.

Monthly Plans

  • Subscribers with paying subscriptions will provide APG with a valid credit card for payment of the monthly subscription fees. All fees are exclusive of all federal, state, provincial, municipal or other taxes.
  • The Service is billed in advance on a monthly basis and is non-refundable. You will be billed for your first month immediately upon registering and then on the same day every month thereafter.
  • If you select to upgrade or downgrade your plan level, your credit card will be charged the new rate at the next billing cycle along with the pro-rated amount from the previous month.
  • In order to downgrade your account, you must first archive the corresponding number of users who will be removed from your account. This will render their data inactive and they will not be able to access their accounts. You will then be able to select a new pricing plan and will be billed the new amount at the next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. APG does not accept any liability for such loss.

Annual Plans

  • The Service is billed in advance on an annual basis and is non-refundable. You will be billed for your first year immediately upon registering and then on the same day every year thereafter.
  • If you select to upgrade your plan within the annual term, your credit card will be immediately charged the pro-rated amount for the remainder of the term.
  • In order to downgrade your account, you must first archive the corresponding number of users who will be removed from your account. This will render their data inactive and they will not be able to access their accounts. You will then be able to select a new pricing plan and will be billed the new amount at the next annual billing cycle.
  • There will be no refunds or credits for downgrades or partial months of service unused with an annual plan.

Invoiced Payments

  • For customers paying by invoice, APG shall invoice on an annual basis as outlined in Customer quote and based on the term of the subscription. All invoices shall be paid in full in U.S. dollars within thirty (30) days of the invoice date. APG reserves the right to issue late fees for due payments of 1.5% per month.

Cancellation and Termination

You are solely responsible for cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings tab and then clicking on the “close account” link in the Billing section. Closing your account stops payment and deactivates your account at the end of your billing cycle. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

Once your account is deactivated, you cannot use the Service, but you can still access your account for up to ninety (90) days. All of your Content will be deleted from the Service ninety (90) days following deactivation of your account. This information can not be recovered after it has been deleted. To reactivate your account during this ninety (90) day period, contact us at support@10000ft.com

APG, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. We reserve the right to refuse service to anyone for any reason at any time.

Use of API

Depending on your subscription, you may access your 10,000ft Plans data using our API (Application Programming Interface).

Your access to the API may be temporarily or permanently suspended due to excessive API requests or abuse. It is entirely within the discretion of APG to determine what qualifies as abuse or excessive usage of the API. We reserve the right at any time to discontinue, modify or restrict your access to the API with or without notice.

APG shall not be liable for any damages resulting from your use of the API or third-party tools that access your 10,000ft Plans data via the API. Any use of the API is bound by these terms.

Modifications to the Service

APG reserves the right, at any time or from time to time, to modify, suspend or discontinue the Service (or any part thereof), temporarily or permanently, for any reason, with or without notice to you. Prices of all Services, including but not limited to subscription plan fees to the Service, are subject to change upon thirty (30) days notice from us. Without limiting the foregoing, APG may provide notice of any such changes by posting them on its website at http://www.10000ft.com and/or at the Service itself. APG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge that APG has no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future.

Feedback

As part of using the Service, APG will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that APG will be free to use any feedback you provide for any purpose, unless otherwise provided in writing.

Limitations on Use

APG may impose certain limitations on the use of the Service, including, but not limited to restricting the number of accounts you may register. You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. APG reserves the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you.

No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service, or any portion thereof, for any purpose.

APG Privacy Policy

You understand that by using the Service, you consent and agree to APG’s collection and use of certain information about you and certain technical or diagnostic information about your use of the Service. This information may be used by APG to maintain, improve and enhance the Service. APG takes our user’s privacy and security very seriously and our collection of such information will be in accordance with our Privacy Policy. For more information please read our full privacy policy at http://www.10000ft.com/plans/privacy.

Content

You understand that all Content on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not APG, are solely responsible for any Content you upload, download, post, e-mail, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. APG does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You acknowledge that APG is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

Access to Your Account and Content

You acknowledge and agree that APG may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of APG, its users or the public as required or permitted by law.

Legal Authority and Your Conduct

You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.

You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.

You shall not, shall not agree to, and shall not authorize or encourage any third party to use the Service to:

  • upload, download, post, e-mail, transmit, store, or otherwise distribute any Content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, threatening, harmful, tortious, libelous, violent, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or is otherwise objectionable as reasonably determined by APG;
  • stalk, harass, threaten or harm another;
  • pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person, entity, another 10,000ft Plans subscriber, an APG employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity (APG reserves the right to reject or block any Subscriber ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person’s name or identity);
  • engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
  • post, send, transmit or otherwise make available any unsolicited or unauthorized e-mail messages, SMSs, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
  • forge any TCP-IP packet header or any part of the header information in an e-mail or a posting, or otherwise put information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (‘spoofing’);
  • modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or APG;
  • upload, post, e-mail, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware; interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
  • plan or engage in any illegal activity; and/or
  • gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

Violation of any of the foregoing may result in immediate termination of your ability to access and use the Service, and may subject you to state and federal penalties and other legal consequences. By accepting these TOS you represent that you understand and agree to the foregoing.

Intellectual Property Rights

You acknowledge that APG owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.

APG claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

Warranties and Liability

APG does not warrant that: (i) the Service will meet your requirements or expectations; (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (iii) bugs or errors will be corrected; (iv) that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss; and (iv) the results that may be obtained from or the mathematical calculations performed by the Service will be accurate or reliable. The Service is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. No advice or information, whether oral or written, obtained by you from APG or through or from the Service shall create any warranty not expressly stated in the TOS. You expressly understand and agree that APG shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if APG has been advised of the possibility of such damages), resulting from: (i) your usage of or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. You expressly agree that APG’s liability shall be limited to the amount of funds you have paid for your subscription.

Indemnification

You agree to hold harmless and indemnify APG, and its affiliates, officers, members, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service or any violation by you of these TOS, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, APG will provide you with written notice of such claim, suit or action. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service.

Notices

APG may provide you with notices regarding the Service, including changes to these TOS, by e-mail, regular mail, or by postings on its website and/or the Service.

Governing Law

Any litigation or other dispute resolution between you and APG arising out of or relating to these TOS or your use of the Service will take place in the Western District of Washington, and you and APG hereby consent to the personal jurisdiction of and exclusive venue in the state and federal courts within that District with respect to any such litigation or dispute resolution. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of Washington, except that body of Washington law concerning conflicts of law shall not be applicable. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

General

These TOS constitutes the entire agreement between you and APG and govern your use of the Service, superceding any prior agreements between you and APG (including, but not limited to, any prior versions of the TOS). You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of APG to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.

Questions

If you have questions or concerns about our Privacy Policy, please contact us at support@10000ft.com, or by mail using the address listed below:

Artefact Product Group, LLC Attention: 10,000ft Plans 619 Western Ave., Suite 500 Seattle, Washington 98104

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