Last updated: December 1, 2024
These Terms of Service ("Terms") govern your access to and use of the services provided by Riptides, Inc. ("Riptides," "we," "us," or "our"), including the Riptides platform and the riptidesio.com website (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.
If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and references to "you" shall include both you individually and the organization.
To access certain features of the Services, you must register for an account. When you register, you agree to:
We reserve the right to suspend or terminate your account if we have reason to believe that account information is inaccurate, or that your account has been used in violation of these Terms.
Subject to these Terms and payment of applicable fees, Riptides grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
You may not:
Subscription fees. You agree to pay the subscription fees applicable to your chosen plan as described on the pricing page at the time of purchase. All fees are stated in US dollars.
Billing cycle. Fees are billed in advance on a monthly or annual basis, depending on your chosen billing cycle. Annual plans are billed in full at the start of the subscription year.
Automatic renewal. Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You will be notified at least 30 days before an annual subscription renews.
Payment processing. Payment is processed by our third-party payment processor. By providing payment information, you authorize us to charge the applicable fees.
No refunds. Except as required by applicable law or as set forth in our refund policy, all fees are non-refundable. If you cancel your subscription, you will continue to have access to the Services until the end of your current billing period.
Fee changes. We reserve the right to change fees upon at least 30 days' notice. Continued use of the Services after the notice period constitutes acceptance of the new fees.
We may offer a free trial period for certain plans. At the end of the free trial period, you will be automatically charged the applicable subscription fee unless you cancel before the trial ends. We will send you a reminder before the trial expires. We reserve the right to modify or terminate free trial offerings at any time.
Riptides IP. The Services, including all software, algorithms, user interfaces, and documentation, are owned by Riptides and protected by intellectual property laws. These Terms do not grant you any rights to Riptides' intellectual property except the limited license in Section 2.
Customer data. You retain all rights in and to the data you submit to the Services ("Customer Data"). You grant Riptides a limited license to process Customer Data solely to the extent necessary to provide the Services.
Feedback. If you provide feedback or suggestions about the Services, you grant Riptides a non-exclusive, royalty-free, perpetual license to use that feedback for any purpose.
Each party may receive confidential information from the other party in connection with the Services. Each party agrees to:
Confidentiality obligations do not apply to information that is publicly available, was independently developed, or is required to be disclosed by law.
Our collection and use of personal information in connection with the Services is described in our Privacy Policy. Our processing of Customer Data on your behalf is governed by our Data Processing Addendum (DPA), available upon request at privacy@riptidesio.com.
Riptides implements technical and organizational security measures described in our Security documentation. You are responsible for:
Service availability. Riptides will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, excluding scheduled maintenance windows. We do not guarantee any specific uptime except as set forth in a separate Service Level Agreement (SLA) agreed to in writing.
Maintenance. We may perform scheduled maintenance that temporarily reduces availability. We will provide at least 48 hours advance notice for planned maintenance.
Support. Support is provided as described in your plan. Enterprise customers with dedicated support SLAs should refer to their individual agreements.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RIPTIDES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
RIPTIDES DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR HARMFUL COMPONENTS; OR (D) THE SERVICES WILL MEET YOUR SPECIFIC SECURITY OR COMPLIANCE REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RIPTIDES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.
RIPTIDES' TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE FEES YOU PAID TO RIPTIDES IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Riptides and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Services in violation of these Terms; (b) your Customer Data; (c) your violation of any applicable law; or (d) your infringement of any third-party intellectual property rights.
Term. These Terms commence when you first access the Services and continue until terminated.
Termination by you. You may terminate your account at any time by contacting us at hello@riptidesio.com or through your account settings.
Termination by Riptides. We may suspend or terminate your access to the Services at any time with or without notice for: (a) material breach of these Terms; (b) non-payment of fees; (c) conduct that poses a security risk; or (d) upon 30 days' written notice for any other reason.
Effect of termination. Upon termination, your license to use the Services ends. You may request a data export within 30 days of termination. After 30 days, we may delete your Customer Data.
These Terms are governed by the laws of the State of Washington, United States, without regard to its conflict of law provisions. Any disputes shall be resolved exclusively in the state or federal courts located in King County, Washington. You consent to personal jurisdiction in those courts.
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Services at least 30 days before the changes take effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
For questions about these Terms, contact us at: