SpeedCurve Terms of Service and Privacy Policy

This is a legally binding contract between you and SpeedCurve Limited. Please make sure you read it, because it is important. We’ve tried to make it as clear as possible, but we welcome your feedback to support@speedcurve.com if you have suggestions or questions.

1. Definitions

We’re going to use some shorthand to make this easier to read. When we say "site," we mean speedcurve.com and the services offered through that site. When we say "we," "us," or "our," we mean SpeedCurve Limited. When we say "your content," we mean any text, sound, graphics or other material which you post, upload, or otherwise share on the site; similarly, when we say "SpeedCurve content," we mean the copyrightable text, sound, graphics, and other material owned by SpeedCurve Limited. And when we say "terms," we mean these terms of service.

2. Accepting these terms

Please read these terms before using the site. If you do not agree to these terms, you may not register for the site. If we make material changes to these terms, we’ll let you know either through the site or via email (at the email address you provide). If you do not agree to those changes, you may send a request to cancel your account to support@speedcurve.com. If we do not hear from you within ten days, the revised terms will apply to you.

3. Privacy policy

When you register with the site, you will be asked to provide certain personal information, including your name, email address and url's for your website. We will store your personal information, but will not share it with any third parties, except as necessary to provide the services offered, to monitor usage, and to improve the service. For example, we may store your personal information along with your files and data on a third party server such as Amazon Web Services; or we may use a third party analytics tool like Mixpanel to learn how you are using SpeedCurve, and how we can improve that experience. We also use your personal information to send you notifications about the service and to respond to customer support requests. We will never share your personal information with advertisers or send you promotions for unrelated services. You can access and change your personal information or cancel your account by logging in to your account settings page.

We may be required to disclose your personal information in order to:

  • comply with the law or legal process;
  • protect or defend our rights or property, or the rights or property of others;
  • enforce these terms; or
  • respond to claims that the content of any material on our system violates the rights of others.

If we must disclose your personal information in order to comply with the law or legal process, we will inform you (at the email address you provide) as soon as practicable, provided that it is lawful for us to do so.

We will also aggregate user information and perform statistical analyses of the collective behavior of our members and visitors, to measure overall demographics, and to analyze how to improve our service. We may share this information with third parties (such as Google Analytics), but such aggregate information does not contain personal information other than IP addresses. In addition, we may compile and disclose aggregate information about our users for promotional or other purposes. For example, we might want to disclose that a certain percentage of our users are located within a particular geographic area or work most frequently in the mornings.

We use session and login cookies, which help us keep track of when a person is logged in and determine the content or sites users link to, and which services people use. We will also capture login timestamps, and usage statistics, as well as IP addresses.

We will communicate with you via email, to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to via the unsubscribe link in the email. If you would like to cease all communications from us, please send an email to support@speedcurve.com and we will cancel your account.

4. Copyright and intellectual property

We own our stuff; you own yours.

You retain ownership of all content you post, upload to, or otherwise share on the site. However, by posting, uploading, or sharing your content, you grant us a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display your content in connection with the site and services we provide to you. This license permits us to perform the services that you registered for; for example, it permits us to store your content on redundant data servers, but it does not permit us to sell your content to advertisers or any other third party, nor does it transfer the copyright to us. This license ends when you delete the material or your account.

All SpeedCurve content, the selection, compilation, arrangement and presentation of all materials, and the overall design of the site are copyrighted by us, and are protected by New Zealand and international laws. Use of our content without our express prior written permission is strictly prohibited.

5. Cancelling your account

You can cancel your account at any time by sending an email to support@speedcurve.com. Upon cancelling your account, your files will be marked for deletion in sixty days, and will be deleted upon expiration of that sixty-day period.

6. 30 Day Refund

If for any reason you're not happy with your monitoring during the first 30 days of your subscription we will provide a no questions asked full refund. Just email support@speedcurve.com with your account details within the first 30 days and request a refund.

7. Disclaimer of warranties

We will strive to prevent interruptions to the service and be good stewards of your data. However, the site and our services are provided on an "as is" and "as available" basis. We disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not make any warranty that the site or our services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You understand that you download from or otherwise obtain content or services through the site at your own discretion and risk.

8. Limitations of liability

Under no circumstances — including, without limitation, negligence — shall we be liable for any direct, indirect, incidental, special or consequential damages, resulting from (1) the use or the inability to use the site; (2) the cost of procurement of substitute goods and services; (3) unauthorized access to or alteration of your transmissions or data; (4) loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. The foregoing shall not apply to the extent prohibited by applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the site, including but not limited to your violation of this agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

10. Right to terminate

We may at any time decide to alter, amend, modify, or terminate the site, any functionality or portion of it, all in our sole discretion, and you understand that there is no guarantee that the site or any portion or functionality of it will continue to operate or be available for any particular period of time.

11. Billing Statements

The name that will appear on your billing statements with be "SpeedCurve" or "SpeedCurve Limited".

12. General

SpeedCurve is a New Zealand based business and all users of the site agree that the laws of New Zealand shall govern and apply to these Terms and each user’s use of the site, and all users submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising in relation to these Terms.

Last Updated: March 11th, 2015