Glassfy Terms and Conditions
Last Updated: 21 Oct 2022
The software services (“Glassfy” or “Services”) you (the “Customer” or “you”) are about to access are provided by Briseide Ltd a company registered in England and Wales. Our company registration number is 12506993 and our registered office is at 37 Warren Street, London, United Kingdom, W1T 6AD (“Briseide”, “us” or “we”) and are subject to these terms and conditions (“Terms”).
Some parts of the Services are billed on a subscription basis. You will be billed monthly on a recurring basis. At the end of each month, your subscription will automatically renew on the same Terms unless you or we cancel it. You may cancel your subscription at any time either through your online account management page. All amounts paid pursuant to the service are refundable within 15 days of the charge if Glassfy does not work for your organization.
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Briseide with accurate and complete billing information including a valid payment method. By submitting such payment information, you automatically authorise Briseide to charge all subscription fees incurred through your account.
We offer a subscription to Glassfy with a free trial for a limited period of time. You will not be required to add your billing information in order to sign up for the free trial. When the trial period ends you will need to enter your billing information and you will automatically be charged the applicable subscription fees for the type of subscription you have selected.
We reserve the right to modify the terms and conditions of the Glassfy free trial at any time and without notice.
Briseide may, in its sole discretion and at any time, modify the Glassfy subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current billing cycle. We will provide you with reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such a change becomes effective. Your continued use of Glassfy after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
Access to Glassfy
Subject to full payment of any payable subscription fees, and in consideration of the parties’ mutual obligations under these Terms, Briseide grants to the Customer a non-transferable, non-exclusive right, without the right to grant sublicenses, to use Glassfy in accordance with these Terms.
(i) Must be 18 years or older in order to access the Services;
(ii) You must be a human. Accounts registered via automated methods are not permitted.
(iii) Comply with all applicable laws and regulations with respect to its activities under these Terms;
(iv) Obtain and maintain all necessary licenses, consents and permissions necessary for Briseide to perform its obligations under these Terms;
(vi) Notify Briseide as soon as it becomes aware of any unauthorised use of the Services by any person;
(vii) Not translate, modify, adapt or create derivative works from the Services;
(viii) Not attempt to discover or gain access to the source code for the Services or reverse engineer, modify, decrypt, extract, disassemble or decompile the Services including in order to: (a) build a competitive product or service; (b) build a product using similar ideas, features, functions or graphics of the Services; (c) copy any ideas, features, functions or graphics of the Services; (d) not attempt to interfere with the proper working of the Services and, in particular, must not attempt to circumvent security, licence control or other protection mechanisms, or tamper with, hack into or otherwise disrupt the Services or any associated website, computer system, server, router or any other internet-connected device; (e) not introduce any software virus or other malware that may infect or cause damage to the Services; (f) not obscure, amend or remove any copyright notice, trade mark or other proprietary marking on, or visible during the operation or use of, the Services; or
(ix) Not to use the Services:
a. To upload, store, post, email, transmit or otherwise make available any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable or prohibited as set out in any acceptable use policy published online from time to time;
b. To engage in any fraudulent activity or further any fraudulent purpose; or
c. To provide material support or resources (or to conceal or disguise the nature, location, source or ownership of material support or resources) to any organisation(s) designated by the government of the United Kingdom or any foreign government as a foreign terrorist organisation.
(x) The Customer shall be responsible for ensuring the security and confidentiality of all log-on identifiers, including usernames and passwords, assigned to, or created by, the Customer.
(xi) It is the Customer’s responsibility to ensure it has equipment (of appropriate specification and compatible with the Services) and internet connection. The Customer acknowledges that it is responsible for all charges for internet access (including mobile data usage) charged by its internet service provider.
We may, from time to time, restrict access to certain features, parts or content of the Services or the website to users who have registered with us (such as access to the Services support program features and pages). The content available to be provided as part of the Services may change from time to time during your subscription
Intellectual property rights
You acknowledge and agree that Briseide and/or its licensors own all intellectual property rights in Glassfys. Except as expressly stated herein, these Terms do not grant the Customer any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licenses in respect of Glassfy. Briseide confirms that it has all the rights in relation to Glassfy that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.
Each party may be given access to confidential information from the other party in order to perform its obligations under this agreement. A party’s confidential information shall not be deemed to include information that: (i) is or becomes publicly known other than through any act or omission of the receiving party; (ii) was in the other party’s lawful possession before the disclosure; (iii) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or (iv) is independently developed by the receiving party, which independent development can be shown by written evidence.
Each party shall hold the other’s confidential information in confidence and not make the other’s confidential information available to any third party, or use the other’s confidential information for any purpose other than the implementation of these Terms. Each party shall take all reasonable steps to ensure that the other’s confidential information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of these Terms.
A party may disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
The Customer acknowledges that details of the Services, and the results of any performance tests of the Services, constitute Briseide’s confidential information.
No party shall make, or permit any person to make, any public announcement concerning these Terms without the prior written consent of the other parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority, any court or other authority of competent jurisdiction.
Where Briseide processes any personal data on behalf of the Customer for the purpose of providing the Services under these Terms, Briseide’s Data Processing Addendum shall apply. As between the parties, the Customer shall own all rights, title and interest in all data disclosed, made available or generated by the Customer in connection with its use of the Services (the “Customer Data”) and any insights and reports containing Customer Data. The Company shall own and retain all rights, title and interest in and to (a) the Services and all improvements, enhancements or modifications thereto, (b) any software applications, inventions or other technology developed in connection with Services or support, and (c) all intellectual property rights relating to the foregoing. Subject always to the provisions of the Data Processing Addendum and these Terms, Briseide shall have the right to collect and analyse data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies, and the Company will be free (during and after the Term), to (i) use such information and data to improve and enhance the Services, and (ii) use such data solely in aggregate or other de-identified form (not capable of identifying any individual) for other internal business purposes.
Limitation of liability
Except as expressly and specifically provided in these Terms: (i) the Customer assumes sole responsibility for the results obtained from the use of the Services by the Customer, and for conclusions drawn from such use. Briseide shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Briseide by the Customer in connection with the Services, or any actions taken by Briseide at Customer’s direction; (ii) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; (iii) Briseide does not warrant that the Services will be continuous, uninterrupted or error free; (iv) Briseide does not make any warranty as to the results that may be obtained from use of the Services; and (v) the Services are provided to the Customer on an “as is basis”. There may be times when certain features, parts or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.
Nothing in these Terms excludes our liability: (i) for death or personal injury caused by our negligence; or (ii) for fraud or fraudulent misrepresentation.
We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the higher of £1,000 or the total subscription fees paid during the 12 months immediately preceding the date on which the claim arose.
Nothing in these Terms excludes the liability of the Customer for any breach, infringement or misappropriation of our intellectual property rights.
We may terminate or suspend your account without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited a breach of the Terms. If you wish to terminate your account, you may do so either through your online account management page or by contacting Briseide : support @ glassfy.io
Other important terms
We may transfer our rights and obligations under these Terms to another organisation. These Terms are between you and us.
No other person shall have any rights to enforce any of its Terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If a court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything that you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Services, we can still require you to make the payment at a later date.
Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).