Factory Terms of Service

Terms of Service

These Terms of Service (“Terms“) govern your use of the free services, software and websites (the “Service”) provided by Factory, Inc. (“Factory”). Our Privacy Policy explains the way we collect and use your information and our Acceptable Use Policy outlines our expectations with respect to your behavior when using the Service. By using the Service you agree to be bound by these Terms, our Privacy Policy and our Acceptable Use Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization. If you become a paid subscriber to Factory’s Standard Service, then your use of the Service will be governed by our Subscriber Agreement.

Content

The Service allows you to create tasks and associated information, text, files and other materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service.
We reserve the right to remove Content on the Service that violates our Acceptable Use Policy or these Terms or that we otherwise reasonably believe may create liability for Factory.

Billing/Payment Terms

Additional groupings of features may be added to the Service and made available to You as a paid upgrade ("Paid Plan"). If You choose to subscribe to a Paid Plan, You shall pay fees (described below) to Factory. Upon selection of a Paid Plan, You will provide Factory with the necessary billing information ("Billing Data").

Stripe and Paypal are the only payment mechanism Factory will accept for payment of a monthly or yearly subscription fee ("Subscription Fee") for a Paid Plan. All currency references are in U.S. dollars. Paid Plans can be paid as either a monthly Subscription Fee or a yearly Subscription Fee.

If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address) and You must promptly notify Factory if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that Factory may continue charging You for any use of the Paid Plan under your Billing Data unless You have terminated Your Paid Plan as set forth herein.

If You select the Monthly Fee, the Stripe/Paypal details that You provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each Month. You agree that factory may charge to Your Stripe/Paypal all amounts due and owing for Your Account on that monthly basis or upon cancellation (see "Termination, Breach, Suspension and Cancellation"). If You select the Yearly Fee, the Stripe/Paypaldetails that You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that Factory may charge to Your Stripe/Paypal details all amounts due and owing for Your Account on that yearly basis unless you cancel the account (see the "Termination, Breach, Suspension and Cancellation" sections of these Terms of Service). Factory will contact You via electronic mail to alert You upon each charge. Factory may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the Factory website and/or electronic mail.

Termination, Breach,Suspension and Cancellation

If Your Subscription Fee payment is overdue, Factory will disable Your access to the features provided by the Paid Plan. Factoty may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and Factory may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Factory may also withdraw and at its discretion reallocate the public web address of Your Account.

If You terminate Your Account, via means provided for cancellation on the Factory website, or via telephone call or electronic mail to Factroy, and You request that Factory delete Your User Content and files contained in Your Account, Factory will make all reasonable efforts to do so.

As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.

Limitation of liability

You expressly understand and agree that we, our subsidiaries, affiliates and licensors, and our and their respective officers, employees, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, use, data, cover or other intangible losses (even if we has been advised of the possibility of such damages) resulting from: * (i) the use or the inability to use the Services; * (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 Services; * (iii) unauthorized access to or the loss, corruption or alteration of your transmissions, content or data; * (iv) statements or conduct of any third party on or using the Services; * (v) our actions or omissions in reliance upon your account information and any changes thereto or notices received therefrom; * (vi) your failure to protect the confidentiality of any passwords or access rights to your account information; * (vii) the acts or omissions of any third party using the Services; * (viii) any advertising content or your purchase or use of any advertised product or Services; * (ix) the termination of your account in accordance with the terms of these terms of Service; or * (x) any other matter relating to the Services.

For more information or any inquiry please visit our Contact Page.