1.1 Contract: When you use our Services you agree to all of these terms. You agree that by using our service in any manner, including visiting or browsing the Sequin, Inc. website, by downloading, registering, accessing or using our services you are agreeing to enter into a legally binding contract with Sequin, Inc. (even if you are using our Services on behalf of a company). If you wish to terminate this contract, at any time you can do so by deleting our Services from your system, closing your account and no longer accessing or using our Services. Certain Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
2.1 Service Eligibility:
You represent and warrant that:
You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 13.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; and (2) you are not already restricted by Sequin, Inc. from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 13. “Minimum Age” means 13 years old. However, if law requires that you must be older in order for Sequin, Inc. to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account: You will not share an account with anyone else and will follow our rules and the law. Registration is not required to use certain aspects parts of our Service and you may be required to register for certain aspects of our service. If you are required to register, you agree to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account. You must provide accurate and complete information for your Account. You are responsible for anything that happens through your account unless you close it or report misuse.
You are solely responsible for ensuring that these Terms of Service and your use of the Services (a) are in compliance with all laws, rules and regulations applicable to you and (b) do not violate any other agreement to which you are a party. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.
2.3 Payment: You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.
Sequin, Inc. will not, under any circumstances, issue refunds or pro-rate any Fees for early cancellation or termination of the Services, or for any other reason, including for any unused Services or if your actual usage of the Services falls below the purchased amount applicable to your purchase. Once initiated by you, payment obligations are non-cancellable.
If you buy any of our paid Services you agree to pay us the applicable fees and taxes specific to the paid Services. Failure to pay these fees will result in the termination of your paid Services. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy. If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. We will not refund or pro-rate any period after the service has renewed. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.
2.4 Notices and Messages: You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices. You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address).
3.1. Your License to Sequin, Inc.: You own all of the content and personal information you provide to us, but you also grant us a non-exclusive license to it. As between you and Sequin, Inc. you own the content and information that you use with the Services, and you are only granting Sequin, Inc. and our affiliates the following non-exclusive license:
You promise to only provide information and content that you have the right to share, and that your registration will be truthful. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. You hereby consent to the inclusion of your name and logo in client lists that may be published as part of Sequin, Inc.’s marketing and promotional efforts.
3.2 Service Availability: We may change or end any Service or modify our prices prospectively.
We may change, suspend or discontinue any of our Services. We may also modify our prices effective prospectively upon reasonable notice to the extent allowed under the law.
3.5 Intellectual Property Rights: We’re providing you notice about our intellectual property rights. Sequin, Inc. reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners, including third party applications that may be used conjunction with our Services. Sequin, Inc., and other Sequin, Inc. trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Sequin, Inc. The Services may contain or be distributed with open source software or other third-party software which may be covered by a different license. Notwithstanding anything to the contrary, the obligations of Sequin, Inc. set forth in these Terms of Service do not extend to any open source software or such other third-party software which may be made available by Sequin, Inc., or otherwise obtained or used by you. You agree that all open source software or such other third-party software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms. To the fullest extent possible, Sequin, Inc. disclaims all warranties and liability regarding such open source and third-party software in accordance with the terms of these Terms of Service.
4.1 No Warranty: This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
Sequin,Inc. AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SEQUIN, INC. AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 Exclusion of Liability: These are the limits of legal liability we may have to you.
To THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS SEQUIN, INC. HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), SEQUIN, INC., INCLUDING ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES.
SEQUIN, INC. AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO SEQUIN, INC. FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY.
You have the option of canceling your Account at any time by following the instructions on the Sequin, Inc. Website or through the Services or by contacting us at email@example.com. We reserve the right to terminate your Account or access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms of Service which by their nature should survive termination or expiration shall survive termination, including provisions regarding ownership, payment (to the extent any payment obligations remain outstanding), warranty disclaimers, indemnity and limitations of liability.
In the unlikely event we end up in a legal dispute, you and Sequin, Inc. agree to resolve it in Connecticut courts using Connecticut law. This section shall not deprive you of any mandatory consumer protections under the law of the country to which we direct Services to you, where you have your habitual residence.
For others outside of Designated Countries, including those who live outside of the United States: You and Sequin, Inc. agree that the laws of the State of Connecticut, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Sequin, Inc. both agree that all claims and disputes can be litigated only in the federal or state courts in Hartford Country, Connecticut , USA, and you and Sequin, Inc. each agree to personal jurisdiction in those courts.
Here are some important details about the Contract.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. You agree you will comply with all applicable laws, including with out limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws and regulatory requirements, provide accurate information to us, and use the Service in a professional manner. You agree you will not override any security feature of bypass circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views), disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer)), violate the intellectual property rights of others ( including copyrights, patents, trademarks, trade secrets or other proprietary rights), reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source, or interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
f we don't act to enforce a breach of this Contract, that does not mean that Sequin, Inc. has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Sequin, Inc. may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 8.
You may contact us at firstname.lastname@example.org or Sequin, Inc. 80 Sequin Drive, Glastonbury, CT 06033.