These are the additional terms for Gatsby Leaders (“Additional Terms”) referred to in section 5 of our Terms of Service (“Terms”). By signing up to use Gatsby as a Gatsby Leader, you also agree to these Additional Terms. In the event of any conflict or inconsistency between the Terms and these Additional Terms, these Additional Terms will control to the extent of such conflict or inconsistency, solely with respect to your capacity as a Gatsby Leader. Capitalized terms not defined inline or in the Terms are defined in section 9 below.
We determine eligibility to become a Gatsby Leader at our sole discretion. Unless we have agreed otherwise, a standard subscription is month-to-month and will automatically renew until you cancel.
Your Gatsby subscription may start with a free trial. The duration of the free trial period will be specified during sign-up. We will charge the applicable fees for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically renew unless you cancel your subscription prior to the end of the free trial period. We determine free trial eligibility at our sole discretion. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible.
You must provide us with a Payment Method, and the applicable fees you incur for your use of Gatsby will be charged to your Payment Method on the applicable billing date. The length of your billing cycle will depend on the type of subscription that you choose when signing up for Gatsby. Fees are fully earned upon payment. You must cancel your subscription before it renews in order to avoid billing of the applicable fees for the next billing cycle to your Payment Method. All fees are in U.S. dollars. Charges are exclusive of taxes.
You may be required to pay additional fees based on your usage of Gatsby. These fees will be automatically deducted from your account balance. You are required to pay any fees that your account incurs based on its usage. Gatsby may perform actions on your behalf that charges your account's balance automatically. Any user can opt-out of these automated features by emailing us at email@example.com. You are required to keep an account balance of no less than $0.00, with the requirement that all negative charges be paid for within 7 days, or risk account termination.
Additional fees may be billed, calculated by the number of messages sent or received from or by your Gatsby Number. Additional usage-based fees may be charged to your Gatsby account.
You authorize us to charge any Payment Method associated with your account. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to Gatsby until we have successfully charged a valid PaymentMethod.
We may update your Payment Method using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method.
You may cancel your Gatsby subscription at any time, and you will continue to have access to Gatsby through the end of your billing period. To cancel, email us at firstname.lastname@example.org. If you cancel your subscription, your account will automatically close at the end of your current billing period.
We reserve the right to change our subscription plans or adjust pricing for Gatsby in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes or changes to your subscription plan will take effect following notice to you. If you do not accept any such additional fees, we may discontinue your access to Gatsby.
Payments are nonrefundable and there are no Credits for partially used periods. Following any cancellation, however, you will continue to have access to Gatsby through the end of your current billing period. At any time, and for any reason, we may provide Credits to some or all of our Gatsby Leaders. The amount and form of such Credits, and the decision to provide them, are at our sole and absolute discretion. The provision of Credits in one instance does not entitle you to Credits in the future for similar instances, nor does it obligate us to provide Credits in the future, under any circumstance.
We grant you a non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use Gatsby (including our iOS and web applications), any related documentation, and any updates and enhancements made to the foregoing by or for us during the term of your subscription.
You may permit Authorized Users to access and use Gatsby on your behalf. Usage is limited by any restrictions stated in an order form or other written agreement between us. Access credentials for Gatsby may not be shared, except with our prior written approval (email sufficing). You are responsible for breaches of the Terms (as supplemented by these Additional Terms) caused by Authorized Users.
We will use commercially reasonable efforts to make Gatsby available, and to deliver all of Your Messages, excluding when Gatsby is unavailable due to: (i) required system maintenance as determined by us; and (ii) causes outside of our reasonable control. We will provide you with reasonable support services in accordance with our standard practices.
We may from time to time make Beta Features available to you to try at no additional cost. Use of Beta Features is optional. Beta Features are provided for testing purposes only, and we do not make any commitment to provide Beta Features in any future versions of Gatsby. Beta Features are provided “AS IS” without warranty of any kind.
You are responsible for keeping your Gatsby account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or Gatsby.
The access to or use of certain areas and features of Gatsby may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access them.
You are solely responsible for: (i) composing and sending Your Messages; (ii) deciding when and to whom Your Messages are sent; and (iii) ensuring that the content of Your Messages complies with all applicable laws, rules and regulations. If you have questions about messages you want to send, you should always seek legal guidance from your own counsel.
You acknowledge that we may send System Messages on your behalf from your Gatsby Number.
With respect to Gatsby, you shall not (and shall not allow others to): (i) disassemble, decompile, reverse-engineer, copy, translate or make derivative works; (ii) conduct benchmarking, performance tests, or other comparative analysis intended for publication or disclosure to third parties; or (iii) transmit any content or data that is unlawful, that infringes any intellectual property rights, or that otherwise violates our Acceptable Use Policy.
We may, in our sole discretion, set a quota on your use of Gatsby. You shall not attempt to circumvent quota restrictions.
We may suspend or limit your use of Gatsby as we deem appropriate to prevent, investigate or otherwise address: (i) any suspected misuse of Gatsby or violation of the Terms (as supplemented by these Additional Terms); (ii) any suspected risk to the security or performance of Gatsby or any of our other customers or business partners; or (iii) any potential harm to any Gatsby Member or to our reputation or business.
You grant us a worldwide, royalty-free, sublicensable, transferable, and perpetual license to reproduce, distribute, display, publish, and otherwise use Your Messages and messages sent to your Gatsby Number for the purpose of operating, providing and improving Gatsby (such as to allow us to deliver your messages to Gatsby Members, and to store Your Messages on our servers).
You acknowledge and agree that: (i) Gatsby Members may share Your Messages publicly; (ii) you have no expectation of privacy with respect to Your Messages; and (iii) we may collect, analyze and use Your Messages and messages sent to your Gatsby Number, including related information, on an aggregated, de-identified or anonymized basis together with the messages and information of others, for any purpose, including to improve, enhance, further develop and test Gatsby and our technology, to create and refine algorithms and other machine learning methods and processes, to identify and predict patterns and trends, and to train and refine machine learning or analytical models or engines.
You also agree that we may use your Gatsby Number and related information (such as your profile name and profile picture), Your Messages, and anything you share publicly regarding your use of Gatsby (such as a social media post that features your Gatsby Number or messages you received via Gatsby) on our website, in our apps, and in presentations, marketing materials, customer lists, case studies, and other marketing-related activities.
Except for the licenses granted herein, you and your licensors retain all right, title, and interest, including all intellectual property rights, in and to the content of Your Messages. Any and all use of your trademarks by us will inure to your benefit, and we will have no trademark rights in your trademarks.
Unless we have agreed otherwise, we will not be required to provide you with any way to save or export Your Messages, messages sent to your Gatsby Number, or any information regarding Gatsby Members.
You shall keep confidential and not disclose the fees you are paying to use Gatsby, except as follows: (i) to your attorneys, directors and representatives on a “need-to-know” basis (but in all cases only to the extent they are subject to restrictions relating to use of data at least as restrictive as those applicable to you hereunder); (ii) to enforce your rights hereunder; or (iii) as required by applicable laws, rules, regulations, and orders of any governmental authority or a court order upon advance written notice provided as soon as reasonably practicable to us (if such notice is permitted).
“Authorized Users” means your employees, contractors, and agents granted permission to use Gatsby on your behalf pursuant to section 5.
“Beta Features” means new, experimental or temporary Gatsby features or functionality.
“Credit” means any refund, discount, or other consideration.
“Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time.
“System Messages” means (i) the reply message sent to each person the first time theymessage your Gatsby Number; (ii) the confirmation message sent to each new Gatsby Member upon signing up to receive Your Messages; (iii) the reminder message sent the next day to each person who sent a message to your Gatsby Number if they have not yet completed the sign-up process to receive Your Messages (if enabled in your account settings); (iv) the reply message sent in response to any HELP or STOP message; and (v) other messages that we determine in our sole discretion are necessary or appropriate for compliance with applicable laws, rules, or regulations, or to enable the functionality of Gatsby.
“Your Messages” means all messages sent from your Gatsby Number, including System Messages.