Terms of Service

These terms and conditons were last updated on February 16, 2019.

Preamble

Your use of this website ("service") is subject to the following terms and conditions ("terms"). We may update these terms from time to time and it is your own responsibility to check this page regularly as the most recent terms take effect as soon as they are published. By continuing to use this website, you are signifying your implied acceptance to these terms.

The headings do not form part of the terms and conditions in any way and are for your convenience only.

Liability

This service comes with absolutely no warranties of any kind, including (without limitation to) the implied warranties of merchantability and fitness for a particular purpose. Your use of this service is at your sole risk and responsibility. We do not guarantee, represent or warrant that your use of this service will be uninterrupted, secure, timely or error-free.

We will not be responsible for any losses or damages incurred to you or to any third party as a result of your use of this service, even if we are aware or were made aware of the possibility of such losses or damages.

The service may be modified or discontinued at any time without any notice to you. We may change the way the service works in a way that adversely impacts you – for example, we may alter or remove certain features. We also reserve the right to prevent you from using the service at any time. Any reliance you place on the availability or timeliness of this service is at your own risk and responsibility.

Subscriptions

You have the option of upgrading to a paid subscription to unlock additional features. Some of these features are designed to provide additional security benefits. While we endeavour to make sure these features work as intended, are secure and fit for purpose, we cannot guarantee this and the same limitations of liability stated within these terms will apply as normal.

You have the right to cancel your subscription at any time. Please note cancellations will not take effect until the end of your current subscription period. We do not provide any pro-rata refunds for any unused time between the date you cancel your subscription and the date on which it ends. When you cancel your subscription, it will remain active until it is due; at which point, we'll bring your subscription to an end.

Notwithstanding the foregoing, if we discontinue our service while your subscription is still active, we will provide you with a pro-rata refund if you have paid time remaining on your subscription. In all other cases, refunds are at our sole and absolute discretion. This does not affect your statutory rights.

We charge for subscriptions in US dollars. We will not be responsible for any transaction fees your bank may charge you for conversion into your local currency. If in doubt, please contact your bank before subscribing.

If you issue a chargeback against us, or cause a chargeback to be issued by the account holder as a result of your negligence or willful misconduct, you agree to pay us on demand an administration fee of US$75.00 for each chargeback plus the full amount in dispute.

If you fail to pay for any outstanding debts or invoices within four weeks after their due date, we reserve the right to pass this outstanding balance onto a debt collection agency for recovery action. Upon which your outstanding debt will be with the appointed debt recovery agency and no further late payments can be accepted by us to settle it.

Indemnification

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any and all claims or demands, including (without limitation to) reasonable attorneys' fees, made by any third party due to or arising out of your breach of these terms and conditions, or your violation of any law or the rights of a third party.

If you are using this service or purchasing a subscription on behalf of a legal entity other than yourself (such as the company or organisation of your place of work), you warrant that you are duly authorised to bind that entity to these terms. You agree to bear full liability for any losses or damages to us if the entity claims, or a court or arbitrator finds, that you did not have the appropriate authority to bind the entity to these terms.

Publishing Content

You are solely responsible for the content and material you publish on this service. Any content or material you publish on this website may be seen by others: never publish anything confidential, sensitive or personally-identifying, or any other content or material to which your employer prohibits or ought to prohibit you from publishing or otherwise disclosing.

We reserve the right, but not the obligation, to alter or remove any content or material published on the service.

Privacy Policy

We use StatCounter and Tidio to record visitor traffic on our website. Both services store your IP address, your user agent string, the pages you've visited and when you visited them. StatCounter also records the page or site you were referred from.

When you use certain features on our website, we may ask for your name and email address. We will only request this information when we need it. For example, we ask for this information when you create a board because certain actions (such as deleting the board you create) are restricted to the person that created it.

We may send you occasional service updates by email, like when we need to perform essential maintenance that may take our service offline, or other changes that may impact you or others. We will not, under any circumstances, send you any marketing emails unless and until you explicitly opt in. You'll always have the right to opt out at any time.

We will not pass on your details to any third party, except as permitted within these terms, unless we are required to do so by law or if we believe in good faith it is necessary to do so to comply with the law or to protect the life or property of ourselves or others.

Certain features on our website allow you to post comments that the general public can see. For example, our issue tracker allows users to make us aware of problems they've noticed on our website or to raise suggestions or other comments. Your name will be published alongside any comments you submit on our website. Please do not use these specific site features if you are not happy with this.

Your information will be stored and processed by us and our suppliers for as long as reasonably necessary to fulfill our service to you. You may send us a request to provide you with a copy of, to update or remove your personal information, or any other information that personally identifies you, at any time. There may be some cases where we cannot comply with your request: this may happen if we are unable to verify your identity, are required by law to retain your information for a longer period of time or are otherwise subject to a court or legal order.

Use of Gravatar Services

When you register for an account and each time you login, we securely send your email address to Gravatar (a service provided by Automattic, Inc) to retrieve your Gravatar photo. If you have one, we store the image URL we receive from Gravatar on your user account so we can display it within the navigation bar on our website and on boards you participate in.

We may use your photo to show you and other participants on a board which cards you published or liked.

We do not retrieve or display the Gravatar photo for a user until their email address is verified.

Use of Tidio Services

We use Tidio to allow you to contact us in real-time. As a data processor acting on our behalf, Tidio LLC ("Tidio") provides us with analytics tools to help us understand your usage of our website. When you login to our website, we store your name and email address with Tidio to enable us to link conversations you start with us to your account on Sprint Boards and to get back to you if we're not available at the time you contact us. We also use Tidio to analyse your use of our website and to track what page(s) you've visited to help us improve our service. Tidio's services are governed by their Terms of Service which can be found at tidiochat.com/en/terms.

If you would like to opt out of having your information collected by or submitted to Tidio, please contact us.

Backups

We create and store weekly backups of our website and database as part of our internal disaster recovery plans. Any information that you (or we) permanently delete may still exist in our backup storage for up to five weeks – we retain each backup for four weeks.

These backups are for our own internal disaster recovery purposes only. You agree that we are under no obligation to retain or use any backup to restore information you or your team may have permanently deleted or otherwise altered, even if we are made aware of this. You must make your own backup arrangements with regard to any information you or your team publishes on our service.

Enforcement

Any failure on us to exercise or enforce any term or condition within this agreement shall not in any way constitute a waiver of such term or condition, or impact our ability to exercise or enforce it at any time.

Nothing in these terms confers or intends to confer any rights on third parties under the Contracts (Rights of Third Parties) Act 1999. You and we expressly exclude any rights of third parties who may otherwise be entitled to enforce the terms of this agreement as if they were a party to it.

Both you and we agree that our relationship is one of independent contractors only. These terms shall not be construed as creating a partnership, association, agency, employment or joint venture between the parties.

These terms constitutes the entire agreement and understanding between you and us, and supersedes any prior understanding, agreement or arrangement, whether made orally or in writing, between you and us (including, without limitation to, any prior versions of these terms).

Governing Law

These terms shall be governed by and construed in accordance with the laws of England and Wales under the exclusive jurisdiction of the English Courts with no regard to differences in laws or principles thereof.

If any term or condition is found to be unfair, unenforceable or illegal by a court of competent jurisdiction, then that term or condition shall be severed as if it was never contained in the agreement, and the remaining terms and conditions shall continue in full force and effect, and continue to be fully binding and enforceable.

Contacting Us

You can reach us by using our online form here or by emailing [email protected].

Bytewave Ltd
288 Oxford Road
Gomersal
Cleckheaton
BD19 4PY

Companies House Registration Number:
11764616

Data Protection Registration Number:
ZA493129

"Sprint Boards" is a registered trademark in the United Kingdom under IPO Registration Number 3292131.