Terms of Service

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These Terms of Use (“Terms”) are a legal agreement between Awesome Gapps Sarl, herein “Awesome Gapps”, having an office and place of business at 30, boulevard Grand-Duchesse Charlotte, L-1330 Luxembourg, Luxembourg, and the person or entity agreeing to the terms herein (“Customer”, “You” or “you”). By using or accessing any part of Awesome Table (the “Service”), You agree that You have read, understand, and agree to be bound by all of the terms and conditions contained herein. If You do not agree to these Terms, You must not use or access the Service. If You are entering into this Terms on behalf of a company, You represent that You have the authority to bind that company to these Terms.

Description of Service

Awesome Table is a cloud-based application software that displays the data provided by a Data Source (for example, a Google spreadsheet or an Excel spreadsheet) in a customizable view with filters, which can be embedded into any Web site (the “Service”). The Service is provided subject to these Terms and solely for Your business purposes. You and your authorized users may connect to the Service using any Internet browser supported by the Service.

The Service requires a User Account (for example, a Google or Microsoft Office 365 account, in each case, Google or Microsoft being a Data Source Provider) that will be used to access the Service configuration console and the Data Source which will contain the data displayed by the Service. You understand and acknowledge that You are solely responsible for obtaining the Internet access and all equipment necessary to use the Service, for appropriately configuring Your User Account and for creating and managing the Data Source and its content. All fees associated with the foregoing shall be paid by You.

Modifications

To these Terms: Awesome Gapps reserves the right to update and change the Terms of Service upon notice from time to time. You will be provided notice of any such modification by electronic mail or by the publishing of such on the website https://sites.google.com/site/scriptsexamples/available-web-apps/awesome-tables/terms-of-service. You may terminate your use of the Service immediately on notice to Awesome Gapps if the Terms are modified in a manner that substantially affects your rights in connection with your use of the Service. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at : https://sites.google.com/site/scriptsexamples/available-web-apps/awesome-tables/terms-of-service.

To the Service: Awesome Gapps may make changes to the Service from time to time that are (1) necessary to the continued orderly function of the Service including, without limitation, implementing bug-fixes, patches, or software updates, or (2) reasonably required in order to comply with applicable law or regulation.

Awesome Gapps will notify you of any material changes or modifications. Any updates, upgrades, additions or new features to the Service, including the release of new tools and resources, shall be subject to these Terms and may require you to agree to additional terms and conditions.

Use of the Service

Access to Service: Access to the Service is only available to the Customer and the end users (“Users”) to whom Customer grants access. Upon installation of the Service, Customer will configure the applicable Data Source(s) which contain the data to be displayed by the Service, as required to make the data visible to the intended audience for the Awesome Table view(s). Customer is solely responsible for updating the sharing permissions of the relevant Customer’s Data Source (for example, hosted on Google Drive, Microsoft OneDrive, Teams or Sharepoint) and revoking such permissions when Customer ceases use of the Service.

License to Customer: Subject to Customer’s compliance with these Terms and the Google Cloud Platform Acceptable Use Policy (available at https://cloud.google.com/terms/aup), including, without limitation, Customer’s payment of all applicable fees (the “Subscription Fees”), Awesome Gapps hereby grants Customer a world-wide, revocable, non-transferable non-exclusive, non-sublicensable license to access and use, execute, perform and display the Service, solely for Customer’s own internal use.

You understand and agree that Awesome Gapps does not have the ability to grant or revoke any sharing permissions to Customer's Data Source or other content and materials stored in Customer’s User Account. Therefore, You are solely responsible for granting access to such Data Source and revoking such access when You cease use of the Service. Awesome Gapps shall not be responsible and shall have no liability for any damages that result from Your failure to grant or revoke such access.

During the Term, Customer will at all times use commercially reasonable efforts to: (i) prevent unauthorized access to or use of the Service, and notify Vendor as soon as possible of any such unauthorized access to or use of the Service, and (ii) be fully responsible for its’ Users compliance with the terms of this Agreement. Customer agrees to indemnify Awesome Gapps for all claims and losses related to any such acts and/or omissions, except to the extent such acts and/or omissions are within the ordinary intended use of the Service for which Awesome Gapps has granted Customer the foregoing license.

If Subscription Fees apply, Awesome Gapps reserves the right to terminate unpaid User Accounts. In the event of any termination, Customer shall be responsible for updating the permissions of the Data Sources that were linked with the views. Awesome Gapps will provide Customer with prior notice of such termination by email.

Restrictions on Use

Restrictions on Use of Awesome Table: In addition to all other terms and conditions contained herein, Customer shall not and shall not permit its’ Users to:

1. copy, modify, adapt, translate or otherwise create derivative works of the Service;
2. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Service;
3. rent, lease, sell, assign or otherwise transfer rights in or to the Service;
4. remove any proprietary notices or labels from the Service;
5. knowingly use the Service to interfere or attempt to interfere with the operation of the Service;
6. use the Service for spamming or any other illegal or unauthorized purpose or engage in illegal or deceptive trade practices;
7. otherwise use of the Service in violation of any laws in your jurisdiction (including but not limited to copyright laws);
8. process or store any content on or through the Service that is subject to the International Traffic in Arms Regulations maintained by the Department of State.

This list of prohibitions provides examples and is not complete or exclusive.

Awesome Gapps reserves the right to suspend or terminate your access to Service upon ninety (90) days notice without cause, or upon thirty (30) days notice with cause, for any action that Awesome Gapps determines is inappropriate or disruptive to the Service or to any other user of this Service. Additionally, if Awesome Gapps suspends or terminates your access for inappropriate use or disruptions to the Service or any other user of the Service, the Data Source Provider (for example, Google or Microsoft) may also suspend your User Account if: (a) your use of Data Source Provider services is in violation of Data Source Provider’s applicable policy (for example, Google Acceptable Use Policy), which could disrupt: (i) Data Source Provider services; (ii) other users’ use of Data Source Provider services; or (iii) the Data Source Provider network or servers used to provide Data Source Provider services; or (b) there is unauthorized third party access to Data Source Provider services.

Awesome Gapps may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required, Awesome Gapps will cooperate with law enforcement agencies in any investigation of alleged illegal activity associated with the Service or on the Internet.

Unauthorized use of any trademarked, copyrighted or patented materials contained in the Service may violate certain laws and regulations.

You agree to indemnify and hold Awesome Gapps and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Awesome Gapps or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Service or the use of this Service by any person using your User Account (including without limitation, Your Content (as defined below)) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Suspension

Awesome Gapps reserves the right to suspend or terminate Customer’s access to the Service if Awesome Gapps reasonably determines that:

(a) there is a threat or attack on the Service (including a denial of service attack) or other event that may create a risk to the Service, Awesome Gapps, Customer, or any user of the Service;

(b) Customer’s or its Users’ use of the Service or Customer Content disrupts or poses a security risk to the Service or any user of the Service, may harm Awesome Gapps’s systems, or may subject Awesome Gapps or any third party to liability;

(d) subject to applicable law, Customer has ceased to continue Customer’s business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding;

(e) Customer or any User is using the Service or other Awesome Gapps property in breach of this Agreement;

or (f) Customer is in default of its payment obligations hereunder (collectively, "Service Suspensions").

Awesome Gapps will provide written notice of any Service Suspension to Customer and provide updates regarding resumption of Customer’s access to the Service following any Service Suspension.

Fees, Subscription terms, Termination and Refund

1. Fees: Customer agrees to pay the Subscription Fees applicable to Customer’s and its Users’ use of the Service. Subscription Fees will be paid on a periodic basis in accordance with Customer applicable plan as agreed with Awesome Gapps. All fees and charges are payable in advance and non-refundable, including in the case of unused subscription periods or after termination or cancellation, unless otherwise disclosed at the time of purchase.

2. Subscription Terms: These Terms will remain in effect until the expiration, termination or renewal of your subscription, whichever occurs first.

3. Termination: You may terminate your subscription for convenience at any time during the Term; however, in case of termination for convenience before the end of the Term, all fees associated with your subscription remain due and payable and no refunds of prepaid fees will be paid to you.

4. Refund: Given the nature of the Service, we do not offer a refund or credit on a purchased subscription unless required under applicable consumer law. We will generally not provide refund in the following situations:

a. You have changed your mind about the Service

b. You don’t need to use the Service anymore

c. You purchased the Service by mistake

d. You do not have sufficient expertise to use the Service

e. You ask for goodwill

f. You forgot to cancel auto-renewal of the Service

g. The Service does not meet your expectations

This list is not exhaustive and shall not be construed so as to limit our right to decline refund requests in other situations. Awesome Gapps reserves the right to assess refund requests on a per-request basis.

If Awesome Gapps decides to issue a refund or credit, this will generally be done using the same manner you used to make the purchase. All refund requests should be made in writing by contacting support.

5. As displayed in the pricing page available in the Awesome Table documentation, Customer applicable plan will be based on the number of Awesome table applications created and used, and / or the number of pageviews, a pageview being an instance of the Service loaded (or reloaded) in a web browser.

6. In case of non-payment for any reason (including, if applicable, Awesome Gapps’s inability to charge your credit card or other payment method for any reason) or any violation of these Terms, Awesome Gapps shall be entitled to immediately suspend Customer’s and Users’ access to the Service upon notice. If you purchase your license to use the Service from Awesome Gapps, Awesome Gapps will bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of the Service, or charge such fees to your credit card or other payment method designated on your initial registration with the Awesome Gapps at regular intervals for the remainder of the term of these Terms. If you cancel your account at any time, you will not receive any refund.

7. Customer agrees that Customer’s paid use of the Service is neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public or private comments made by Awesome Gapps regarding future functionality or features.

Intellectual Property

Customer hereby acknowledges and agrees that, subject to the limited rights granted hereunder, Awesome Gapps (or its licensors) own all legal right, title and interest in and to the Service, including, without limitation, any Intellectual Property Rights or other proprietary rights which exist in the Service (“Our Technology”). For purposes of these Terms, “Intellectual Property Rights” means, on a worldwide basis, any and all now known or hereafter known (a) rights associated with works of authorship including copyrights and moral rights, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patent rights and other industrial property rights, (e) intellectual and industrial property rights of every other kind and nature and however designated, whether arising by operation of law or otherwise, and (f) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter existing, made, or in force (including any rights in any of the foregoing).

Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Service according to these Terms. Furthermore, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Service constitute trademarks, trade names, service marks or logos (“Marks”) of Awesome Gapps or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with and will inure to us or those other entities. To the extent indicated, any use of third party software provided in connection with the Service will be governed by such third parties’ licenses and not by these Terms of Service.

Furthermore, any comments, ideas and/or reports about the Service that you provide to us, whether in written or electronic form (“Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably transfer and assign to us all intellectual property rights embodied in or arising in connection with such Feedback, and any other rights or claims that you may have with respect to any such Feedback.

Ownership & Privacy

As between You and Awesome Gapps, you retain all right, title and interest in any and all data, files, attachments, text, images, personally identifiable information, and other content that You and Your Users upload or submit to the Service (collectively, "Your Content"). You may not upload, post or otherwise make available through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all of Your Content. You represent and warrant that you have all rights, permissions and consents necessary (a) to make Your Content available on or through the Service, and (b) to grant Awesome Gapps the limited rights to use Your Content set forth in these Terms. Awesome Gapps represents and warrants that it has all rights, permissions and consents necessary (a) to provide the Service to You and (b) to grant You the limited rights to use the Service set forth in these Terms.

You agree that Awesome Gapps may use Your Content to provide the Service and its features, including by making it available for viewing, download and modification by other Users with access rights to Your Content. You hereby grant Awesome Gapps a non-exclusive, perpetual, royalty-free, worldwide license (including the right to sublicense through multiple tiers) to access, use, reproduce, distribute, store, transmit, publicly display, and publicly perform Your Content as required for the purpose of providing the Service to you.

You understand and agree that Awesome Gapps may, notwithstanding any provision of any separate nondisclosure agreement that may have been executed between You and Awesome Gapps, distribute and disclose Your Content (a) to your Users, and (b) to Awesome Gapps's service providers who act on Awesome Gapps's behalf solely for the purpose of providing the Service. Awesome Gapps’s use of any personally identifiable information you provide through the Service is governed by our Privacy Policy and our Data Processing Agreement, which is annexed to and forms part of these Terms. Your use of the Service indicates your acceptance of the terms of our Privacy Policy and our Data Processing Agreement. You can review the most recent version of our Privacy Policy at: https://sites.google.com/site/scriptsexamples/available-web-apps/privacy-policy. You can review the most recent version of our Data Processing Agreement at: https://sites.google.com/site/scriptsexamples/available-web-apps/data-processing-agreement.

You hereby consent that, if You choose to become a paying customer of the Service, Awesome Gapps may identify You as an Awesome Gapps customer (using Your name and logo) and generally describe the products or services it provides to You in its promotional materials, presentations, and proposals to other current and prospective customers.

Content Privacy & Data security

If you are using Awesome Table with Data Sources that have not been shared publicly, users will be asked to grant access to the Data Source to our app before we can display the data. This follows the security rules required by Data Source Providers. Note that the data from your Data Source never passes through our servers.

Awesome Table does not have the authorization to edit the access rights of the Data Source. The creator of the view and the Data Source is the only person who can set the data access rights, by sharing the Data Source with the right people.

Access rights to the user's Data Source are required to allow actions performed by the end user, and in no case are the textual contents of users’ Data Source transmitted to any third party services outside of the user’s direct control or knowledge.

All Users personally identifiable information contained within the Data Source and processed by this Service are specified in the Data Processing Agreement (Appendix 1) available at this link: https://sites.google.com/site/scriptsexamples/available-web-apps/data-processing-agreement#appendix1.. Unless specifically stated, we store no personally identifiable information in any third party database or file repository. You can review the list of information that is stored by the Service in the table available at this page, which may be updated from time to time: https://support.awesome-table.com/hc/en-us/articles/360001312809--DATA-STORAGE-What-data-are-stored-by-Awesome-Table-and-how-are-they-used-

Confidentiality

“Confidential Information” means all non-public information disclosed in written, oral or visual form by either party (the “disclosing party”) to the other (the “receiving party”). Confidential Information may include, but is not limited to, services, pricing information, computer programs, source code, names and expertise of employees and consultants, know-how, and other technical, business, financial and product development information. Confidential Information does not include any information that the receiving party can demonstrate by its written records (1) was rightfully known to it without obligation of confidentiality prior to its disclosure hereunder by the disclosing party; (2) is or becomes publicly known through no wrongful act of the receiving party; (3) has been rightfully received without obligation of confidentiality from a third party authorized to make such a disclosure; or (4) is independently developed by the receiving party without reference to confidential information disclosed hereunder.

Neither party will use any Confidential Information of the other party except as expressly permitted by this Agreement or as expressly authorized in writing by the disclosing party. The receiving party shall use the same degree of care to protect the disclosing party’s Confidential Information as it uses to protect its own Confidential Information of like nature, but in no circumstances less than a reasonable standard of care. The receiving party may not disclose the disclosing party’s Confidential Information to any person or entity other than to those of its employees and contractors who: (i) are subject to a written agreement with the receiving party that includes use and confidentiality restrictions that are at least as protective as those set forth in these Terms, and (ii) need access to such Confidential Information solely for the purpose of fulfilling the receiving party’s obligations or exercising the receiving party’s rights hereunder. The foregoing obligations will not restrict the receiving party from disclosing Confidential Information of the disclosing party: (1) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party required to make such a disclosure gives reasonable notice to the disclosing party prior to such disclosure; and (2) on a confidential basis to its legal and financial advisors.

Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AWESOME GAPPS MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (II) THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED (INCLUDING, WITHOUT LIMITATION, INTERRUPTIONS THAT OCCUR IN THE CONTEXT OF REGULARLY SCHEDULED MAINTENANCE); (III) ANY INFORMATION OR ADVICE OBTAINED BY YOU IN CONNECTION WITH THE SERVICE WILL BE ACCURATE OR COMPLETE; OR (IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO CUSTOMER.

Limitation of Liability

IN NO EVENT SHALL AWESOME GAPPS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF AWESOME GAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH AWESOME GAPPS RELATED TO ANY OF THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL AWESOME GAPPS’ ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE. IN CASE OF A BREACH OF YOUR PERSONAL DATA ARISING FROM A PAYMENT PROCESSOR'S DEFAULT, AWESOME GAPP'S ENTIRE LIABILITY TO YOU FOR THIS BREACH SHALL NOT EXCEED 5 TIMES THE FEES PAID BY AWESOME GAPPS TO SUCH PAYMENT PROVIDER TO PROCESS YOUR TRANSACTIONS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO CUSTOMER.

Other Terms

These Terms, their interpretation, performance or any breach thereof, will be construed in accordance with, and all questions with respect thereto will be determined by, the laws of the State of Luxembourg. Both parties hereby irrevocably submit any disputes under these Terms to the jurisdiction of the courts located in the State of Luxembourg.

Last Updated: October 1st, 2019