Terms of Service
All the terms that you agree to when you sign at PoemBird.com.
Inspired by Basecamp's Terms of Service
From all who have worked on PoemBird.com, thank you for using our product! We built it for you with love.
When we say “Company”, “we”, “our”, or “us” in this document, we are referring to those who created PoemBird.com.
When we say “Service”, we mean PoemBird.com, whether delivered within a web browser, desktop application, mobile application, or another format.
When we say “You” or “your”, we are referring to the people or organizations that have an account with one or more of our Service.
We may update these Terms of Service in the future. You can track all changes made since mid-2018 on GitHub. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will also announce them on our company blog.
When you use our Service, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Service over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up two-factor authentication for added security. In some of our Service, we may require it.
- You may not use the Service for any purpose outlined in our Use Restrictions policy.
- You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Deletion and Termination
- You are solely responsible for properly deleting your account. Within our Service, we provide a simple no-questions-asked deletion link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact our Support team.
- All of your content will be inaccessible from the Service immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
- We have the right to suspend or terminate your account and refuse any and all current or future use of our Service for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Service to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Service, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.
Uptime, Security, and Privacy
- Your use of the Service is at your sole risk. We provide these Service on an “as is” and “as available” basis. Do take uptime of our website too seriously.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Service. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please refer to our Security Overview for full details and our Security Response page for how to report a security incident or threat.
- To help you with support requests you make. We'll ask for express consent before accessing your account.
- On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
- To safeguard PoemBird.com. We'll look at logs and metadata as part of our work to ensure the security of your data and the Service as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
- To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches PoemBird.com for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If PoemBird.com is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with U.S. copyright law.
- We reserve the right to use any content that you create on PoemBird.com for any purpose.
- We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
Features and Bugs
We design our Service with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Service will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Service inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Service.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (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 Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Service, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
In other words: choosing to use our Service does mean you are making a bet on us. If the bet does not work out, that's on you, not us. But, thank you for betting on us!
If you have a question about any of the Terms of Service, please contact our Support team.