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 firstname.lastname@example.org if you have suggestions or questions.
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.
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 cancel your account. If we do not hear from you within ten days, the revised terms will apply to you.
When you register with the site, you will be asked to provide certain personal information, including your name, email address and URLs 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 Google Analytics 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.
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. 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 and features people use. We will also capture login timestamps, and usage statistics.
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 email@example.com
4.1 Except as permitted by clause 4.3, neither party will disclose the other party's Confidential Information to any person, or use such Confidential Information for any purpose other than to perform its obligations under these Terms.
4.2 We use all reasonable efforts to keep your confidential information secure, through technical and organisational measures, including by ensuring that any data we transmit is encrypted in transit. We will notify you within 72 hours in the event of any unauthorised access or use of, or other security breach affecting, your confidential Information.
4.3 Notwithstanding clause 4.1, either party may disclose any of the other party's Confidential Information with the other party's prior written consent or if and to the extent disclosure is required by law (provided that the disclosing party gives the other party notice of the requirement as soon as practicable before such disclosure is made).
4.4 In this clause 4, 'Confidential Information' means information disclosed or made available by a party under this Agreement that is marked as confidential or which might reasonably be expected to be confidential in nature.
4.5 SpeedCurve will not directly or indirectly make any public statement, announcement, claim or representation (including, but not limited to, client lists, press releases, advertisements, marketing materials, and business development presentations) of a business relationship between the parties without your express written consent.
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.
We receive and store any information you enter on our website or give us in any other way. You provide most of your information through forms you fill out to contact us and access the SpeedCurve platform.
If you register with our service through our website (speedcurve.com), or through a separate subscription agreement with us, then as part of your registration we will ask you to provide personally identifiable information, including your name, your company name, your email address, and password.
As a paying user of our service, we receive your payment transaction details (for example, your name, the amount paid and the date of payment), from the payment service provider that processed your payment.
When you contact us, or when we contact you, we receive and process any personally identifiable information that you provide us.
We share certain information with companies that may be considered our "sub-processors" under GDPR. We’ve linked to their GDPR policies below:
We use the personally identifiable information we collect and store to do the following:
We use your email address to contact you when necessary, to send you reminders, and to provide you information and notices about our service. We include commercial and marketing information about our service.
We obey the law and expect you to do the same. If necessary, we will use your personally identifiable information to enforce our terms, policies and legal agreements, to comply with court orders and warrants, and assist law enforcement agencies, to collect debts, prevent fraud, misappropriation, infringements, identity thefts, and any other misuse of the service, and to take any action in any legal dispute and proceeding.
We commit to processing personally identifiable information solely for the purposes described in these terms.
SpeedCurve RUM, our real user monitoring solution, collects data from real user traffic. LUX does NOT gather any personally identifiable information such as IP addresses, localStorage, and cookies. Here’s a list of the data that LUX collects.
Notwithstanding the sub-processors listed above, SpeedCurve data is stored in the US-EAST-1 region of the AWS Datacenter and US Central datacenter of LiquidWeb.
Pay-As-You-Go customers can manually change or delete personally identifiable billing information from their account at any time. Here’s how. To delete or change other information, contact us at firstname.lastname@example.org
To export your data, contact us at email@example.com
Each of us warrants that it has full power and authority to enter into these Terms and to perform its obligations under it. In addition, we warrant that we will use reasonable skill and care in performing the services, that we'll use commercially reasonable efforts to prevent interruptions to the service, and that we'll be good stewards of your data. If there is a breach of any of those warranties, then our sole obligation is (at our obligation) to re-perform the service or refund to you the fees you've paid for the affected the service.
In all other respects, the site and our services are provided on an "as is" and "as available" basis. We disclaim all other 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.
Subject to the remainder of this clause 7, maximum aggregate liability under or in connection with these Terms or the Service, whether arising in contract, tort (including negligence) or otherwise, shall in no event exceed the amount equal to the fees paid or payable by you to us in respect of our services in a six (6) month period. However, we will not be liable for any indirect, consequential or special loss or damage, or for any loss of profit, loss of revenue, loss of or damage to data, or damage to goodwill or reputation. The foregoing shall not apply to the extent prohibited by applicable law.
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.
You can cancel your account at any time.
If you're a Pay-As-You-Go customer, cancel your account through your billing portal.
If you're an Enterprise customer, send an email to firstname.lastname@example.org. Note that SpeedCurve does not issue refunds after 30 days. (See below.)
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 email@example.com with your account details within the first 30 days and request a refund.
The name that will appear on your billing statements will be "SpeedCurve" or "SpeedCurve Limited".
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: August 14th, 2020