Terms of Service

The gist

We run a data and information service called FactBranch and would love for you to use it. FactBranch offers paid plans in multiple tiers based on features and usage. Our service is designed to give you as much control and ownership over what you can display in external services as possible. However, be responsible in what you display so you don't break anything at the external service.

Terms of Service

The following terms and conditions govern all use of the FactBranch website and all content, services, and products available at or through the website, including FactBranch (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, FactBranch’s Privacy Policy) and procedures that may be published from time to time by FactBranch (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with numericmill e.U., Pater-Schwartz-Gasse 11A, 1150 Vienna, Austria (“FactBranch” or “we”).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by FactBranch, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 16, and access and use of our Services is only offered to users 16 years of age or older. If you are under 16 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 16 years of age or older.

Use of our Services requires a FactBranch account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

FactBranch

Your FactBranch Account. If you create an account on FactBranch, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must immediately notify FactBranch of any unauthorized uses of your account, or any other breaches of security. FactBranch 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.

Description. FactBranch is a subscription-based data processing and piping service with third-party integrations.

FactBranch will access the server you specify in your account to display data and information in third-party integrations. It's your responsibilty to make sure you are allowed to access this server at the frequency FactBranch has to request data from it. FactBranch will make a request to the specified server whenever someone with your FactBranch-API-key accesses a FactBranch third-party integration to display data.

Payment, Renewal and Refunds. FactBranch offers different levels of service. By signing up for a particular level of service, you agree to pay FactBranch the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to run FactBranch, your subscription will renew automatically. If we change pricing for a service to which you’re subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. We offer refunds up to thirty (30) days after payment. Payment failures will result in the cancellation of your FactBranch plan.

Intellectual Property

This Agreement does not transfer from FactBranch to you any FactBranch or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with FactBranch. FactBranch, FactBranch.com, the FactBranch logo, and all other trademarks, service marks, graphics and logos used in connection with FactBranch or our Services, are trademarks or registered trademarks of FactBranch or FactBranch’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 FactBranch or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our blog, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

FactBranch 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 FactBranch account (if you have one), 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.” FactBranch 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 FactBranch nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. 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 FactBranch, 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) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FactBranch under this agreement during the twelve (12) month period prior to the cause of action. FactBranch shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with the FactBranch Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and FactBranch reserve the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification

You agree to indemnify and hold harmless FactBranch, 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.

Translation

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between FactBranch and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of FactBranch, or by the posting by FactBranch of a revised version.

The exclusive place of jurisdiction for disputes arising from and in connection with this Agreement, including its conclusion and after its termination, is the competent court in Vienna, Austria. This Agreement, as well as questions of its conclusion and its legal consequences, is governed exclusively by Austrian law, with the exception of its International conflict of law rules and the exclusion of the UN Convention for the International Sale of Goods.

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; FactBranch 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.

(These Terms of Service were originally written by Automattic – the people behind WordPress.com. And they've made them available under a Creative Commons Sharealike license, which means you’re more than welcome to steal these Terms of Service and repurpose them for your own use, just make sure to replace references to us with ones to you, and if you want they’d appreciate a link to WordPress.com somewhere on your site. They spent a lot of money and time on these, and other people shouldn’t need to do the same.)