Welcome, and thanks for signing up for Software Services operated by 313 Software, LLC, dba “Squigl.” The user agreement explains the broad terms of using any Squigl Software Services. Individual Software Services may also have their own specific Terms and Conditions agreements. When you use our Software Services (defined in Section 1) you're agreeing to our terms, so please take a few minutes to read over the terms below.
This is a legally binding agreement.
Last revised on May 30, 2017
We provide Software as a service, apps, mobile apps, SaaS network and online platforms and other related services (the “Services” or “Software Services”).
Our mission is to provide our customers with tools and assets to break down boundaries of language, culture and understanding in human communication allowing them to be more productive and successful.
When you use our Software Services, you are entering into a legal agreement and you agree to all of these terms.
You agree that by registering, accessing or using our Software Services, you personally or the Company or Entity you represent or work for are entering into a legally binding agreement. Your agreement is with 313 Software, LLC or “we” or “Squigl.”).
This “Agreement” includes this User Agreement and the Terms and Conditions of the particular Software Service you are using and other terms that may be displayed to you at the time you first use certain features. If you do not agree to this Agreement, do NOT access or otherwise use any of our Software Services.
Registered users of our Software Services are “Users” or “Subscribers” and unregistered users are “Guests”. This Agreement applies to both.
2.1. Service Eligibility
You agree that you are eligible to enter into this Agreement and you are at least the “Minimum Age.”
To use the Software Services, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) your account will be in your real name or the Company or Entity name that you represent or work for; and (3) you are not already restricted by Squigl from using the Services.
“Minimum Age” means (a) 18 years old for the People's Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for Squigl to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
2.2. Your Membership
You'll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow all applicable laws and all of the terms of this Agreement. You are responsible for anything that happens through your account unless you close it or report misuse.
Note that for Premium Software Services purchased by another party for you to use (e.g. artist time bought by your employer), the party paying for the Premium Software Service controls such an account (which is different from your personal account) and we will follow the instructions of the account holder who has the right to terminate your access to the account.
You'll honor your payment obligations. When you purchase services online, you will be using a PCI compliant service so Squigl will not directly have access to your credit card data. Also, there may be fees and taxes that are added to our prices.
If there were taxes that should have been collected, you are responsible for the payment of all such taxes, whether to Squigl or to the taxing authority.
We do not guarantee refunds. Any refund will be at the sole discretion of Squigl and its decisions shall be final.
If you purchase any of our paid Software Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your subscription. Also:
- Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
- You authorize us to use PCI compliant third party solutions to store and continue billing your payment method if needed (e.g. credit card), to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
- You must pay us for applicable fees and taxes unless you cancel the Software Service, in which case you agree to still pay these fees through the end of the applicable subscription period. Taxes are calculated based on the billing information that you provide us at the time of purchase.
You can get a copy of your invoice by contacting us by email at Support@Squigl.com.
2.4. Notices and Service Messages
You're okay with us using our Software, apps, web apps, websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Software Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
Please review your Software Service settings to control and limit what kind of messages you receive from us.
2.5. Messages and Sharing
When you share information, videos, or glyphs with us or others you do so under the terms and conditions of this Agreement and the Terms and Conditions of the specific Software Service.
3. Rights and Limits
3.1. Your License to Squigl Software Services
You promise to only provide information and content that you have the right to share, and that your Squigl Software Service profile(s) will be truthful.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Squigl as a result of this agreement or use of the Site. Squigl's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Squigl's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Squigl with respect to such use.
See the TERMS AND CONDITIONS of your specific Software Service for your rights under that Software Service (if there is a TERMS AND CONDITIONS for your specific Software Service).
By submitting suggestions or other feedback regarding our Software Services to Squigl, you agree that Squigl can use and share (but does not have to) such feedback for any purpose without compensation to you. Any intellectual property from such suggestions or feedback shall be the property of Squigl and you will have no rights to such intellectual property.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. Squigl may be required by law to remove certain information or content in certain countries.
3.2. Software Service Availability
We may change or discontinue any of our Software Services. In this case, we will keep your information for a period of time permitted by law.
We may change, suspend or end any Software Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
3.3. Other Content, Sites and apps
When you see or use others' content and information posted on our Software Services, it's at your own risk.
Third parties may offer their own intellectual property through Squigl, and we aren't responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Squigl generally does not review content provided by our Users or Guests. You agree that we are not responsible for third parties' (including other Users or Guests') content or information or for any damages as result of your use of or reliance on it.
We have the right to limit how you connect and interact on our Software Services.
We're providing you notice about our intellectual property rights.
Squigl reserves the right to limit your use of the Software Services, including the number of your connections and your ability to contact other Users and Guests. Squigl reserves the right to restrict, suspend, or terminate your account if Squigl believes that you may be in breach of this Agreement or law or are misusing the Software Services or taking such actions that in the sole opinion of Squigl are inappropriate, offensive or otherwise unacceptable to us (e.g. violating any Do and Don'ts).
Squigl reserves all of its intellectual property rights in the Software Services. For example, 313 Software, LLC., Squigl, Squigl App, Squigl Software, Squigl Whiteboard Animation Software, Scribology, TruGlyph (stylized), TruGlyph App, the Squigl and TruGlyph and “T” logos and other Squigl trademarks, service marks, graphics, and logos used in connection with Squigl are trademarks or registered trademarks of 313 Software, LLC. Other trademarks and logos used in connection with the Software Services may be the trademarks of their respective owners.
4. Disclaimer and Limit of Liability
4.1. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Software Services.
TO THE EXTENT ALLOWED UNDER LAW, Squigl (AND THOSE THAT Squigl WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2. Exclusion of Liability
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS Squigl HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), Squigl (AND THOSE THAT Squigl WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF Squigl (AND THOSE THAT Squigl WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Squigl AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF Squigl HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
Squigl or you may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Software Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- Sections 4, 6 and 7 of this Agreement;
- Any amounts owed by either party prior to termination remain owed after termination.
You can email support to learn how to close your account.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, it will take place in Minnesota courts, applying Minnesota law.
You agree that the laws of the State of Minnesota, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Hennepin County, Minnesota, USA, and we each agree to personal jurisdiction in those courts.
Any litigation under this Universal Software Services User Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
7. General Terms
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us 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 Squigl agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms and conditions that may be provided by us when you engage with a specific Software Service) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that Squigl has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Software Services) to anyone without our consent. However, you agree that Squigl may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Squigl “DOs” and “DON’Ts.”
8.1. Dos. You agree that you will:
- Comply with all applicable laws, including, without limitation, laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Software Services in a professional manner.
8.2. Don'ts. You agree that you will not:
- Act dishonestly or unprofessionally, including by posting or uploading or creating inappropriate, inaccurate, or objectionable content;
- Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Squigl);
- Use an image that is not your likeness or a head-shot photo for your profile;
- Create a false identity on Squigl;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Misrepresent your identity, including but not limited to the use of a pseudonym;
- Create a User profile for anyone other than yourself (a real person);
- Use or attempt to use another's account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of Squigl, including, without limitation, using the name “313 Software, LLC.” or our logos in any business name, email, or URL;
- Use Squigl invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
- Post any unsolicited or unauthorized advertising, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation unauthorized by Squigl;
- Send messages to distribution lists, newsgroup aliases, or group aliases;
- Post anything that contains software viruses, worms, or any other harmful code;
- Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Software Services;
- Create profiles or provide content that promotes escort services or prostitution.
- Create or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Software Services (except as expressly authorized);
- Copy or use the information, content or data on Squigl in connection with a competitive service (as determined by Squigl);
- Copy, modify or create derivative works of Squigl, the Software Services or any related technology (except as expressly authorized by Squigl);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by Squigl without our express consent (e.g., representing yourself as an accredited Squigl trainer);
- Rent, lease, loan, trade, sell/re-sell access to the Software Services or related any information or data;
- Sell, sponsor, or otherwise monetize a Squigl Group or any other feature of the Software Services, without Squigl's consent;
- Deep-link to our Software Services for any purpose other than to promote your videos or glyphs, without Squigls's consent;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Software Service;
- Remove, cover or obscure any advertisement included on the Software Services;
- Collect, use, copy, or transfer any information obtained from Squigl without the consent of Squigl;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Software Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Software Services' availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Software Services;
- Access the Software Services except through the interfaces expressly provided by Squigl.
- Override any security feature of the Software Services; and/or
- Interfere with the operation of, or place an unreasonable load on, the Software Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
9. Digital Millennium Copyright Act
- Squigl complies with the terms and restrictions of the DMCA (USC 17 §1201 et seq.) and rules as set forth the by the Library of Congress under the Act.
- If Squigl finds that you have taken any action that violates the DMCA, Squigl will take all actions to maintain the integrity of the copyright and remain within the safe harbor provisions of the Act.
- You will be responsible for any violations of the Act, whether civil or criminal penalties apply.
10. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Users and Guests. You can reach us at support@Squiglit.com or in writing at Squigl, 275 Market Street, Suite 529, Minneapolis, MN 55405 attn: Chief Technology & Implementations Officer.
11. Payment will be calculated based on users who sign up for an annual license. Users must maintain the license for a minimum of three months for payment to referring user to become due. In certain cases, such as when an institution purchased a site license and will pay for a minimum number of users who sign up on their own, the referring user will receive the fee stated above.