Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Saganworks website, apps, and APIs. ("Saganworks" or the "Service"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Saganworks, you agree to be bound by these Terms, our Privacy Policy, our Cookies Policy and our Community Guidelines.
  1. Our service

  2. Saganworks helps you spatially organize and explore your data on many devices. To provide our service, we need to be able to identify you. This is to ensure that you are a real-life human and not some robot with an eye for mischief.
  3. Using Saganworks

    1. Who can use Saganworks
    2. You may use Saganworks only if you can legally form a binding contract with Saganworks, and only in compliance with these Terms and all applicable laws. When you create your Saganworks account, you must provide us with accurate and complete information. You can't use Saganworks if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed (unless expressly granted under a relevant family plan with parent or guardians verified consent). If you're based in the EEA, you may only use Saganworks if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Saganworks has been provided to us. Using Saganworks may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates.
    3. Our license to you
    4. Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.
    5. Commercial use of Saganworks
    6. If you want to use Saganworks for commercial purposes you must contact our sales team and agree to a separate Terms of Service. If you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
  4. Your content

    1. Posting content
    2. Saganworks allows you to post content, including photos, videos, documents, comments, audio files, web links, and other materials. Anything that you post or otherwise make available on Saganworks is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Saganworks.
    3. How Saganworks and other users can use your content
    4. You grant Saganworks and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your shared or published User Content on Saganworks solely for the purposes of operating, developing, providing, and using SW. Nothing in these Terms restricts other legal rights Saganworks may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content, or change the way it's used in Saganworks, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.
    5. How long we keep your content
    6. Following termination or deactivation of your account, or if you remove any User Content from Saganworks, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Saganworks and its users may retain and continue to use, store, display, reproduce, re-post, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Saganworks.
    7. Feedback you provide
    8. We value hearing from our users, and are always interested in learning about ways we can make Saganworks more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Saganworks doesn't waive any rights to use similar or related feedback previously known to Saganworks, or developed by its employees, or obtained from sources other than you.
  5. Copyright policy

  6. Saganworks has adopted and implemented the Saganworks Copyright Policy in accordance with the Digital Millennium Copyright Act and other applicable copyright laws. For more information, please read our Copyright Policy. 
  7. Security & Availability

  8. We care about the security of our users. While we work to protect the security of your content and account, Saganworks can't guarantee that unauthorized third parties won't be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account. We also take system availability matters seriously. Saganworks will make every reasonable effort available to keep services running smoothly.
  9. Third party links, sites, and services

  10. Saganworks may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Saganworks. We don't endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Saganworks, you do so at your own risk and you agree that Saganworks has no liability arising from your use of or access to any third party website, service, or content.
  11. Termination

  12. Saganworks may terminate or suspend your right to access or use Saganworks for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our Community Guidelines. Upon termination, you continue to be bound by Sections 3 and 8 of these Terms.
  13. Indemnity

  14. If you use Saganworks for commercial purposes (i.e., you are not a consumer) without completing the commercial terms of service provided by the Saganworks sales team, as required by Section 2(c) of these Terms, you agree to indemnify and hold harmless Saganworks Inc, their affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.
  15. Disclaimers

  16. Our Service and all content on Saganworks is provided on an "as is" basis without warranty of any kind, whether express or implied.Saganworks specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.Saganworks takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that's inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.If you're a consumer in the EEA, we don't exclude or limit any liability for gross negligence, intent, or death or personal injury caused by our negligence or willful misconduct.
  17. Limitation of liability

  18. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAGANWORKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Saganworks'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). If we cause damage to you and you're a consumer in the EEA, the above doesn't apply. Instead, Saganworks' liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Saganworks isn't liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won't apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you.
  19. General terms

    1. Notification procedures and changes to these Terms
    2. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we'll notify you. By continuing to access or use Saganworks after revisions become effective, you agree to be bound by the new Terms. If you don't agree to the new terms, please stop using SW.
    3. Assignment
    4. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Saganworks without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you're a consumer in the EEA, either you or Saganworks may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by Saganworks, you are entitled to terminate the agreement with immediate effect by deactivating your account. Saganworks will provide you with reasonable notice of any such assignment.
    5. Entire agreement/severability*
    6. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Saganworks shall constitute the entire agreement between you and Saganworks concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
    7. No waiver
    8. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Saganworks's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
    9. Parties
    10. If you live in the United States, these Terms are a contract between you and Saganworks Inc., 303 Detroit Street Suite 1 Ann Arbor, MI 48104