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Terms of Service

From everyone at Trey Labs (right now, that’s just me, Trey 👋🏻), thank you for using our products! We build them to help you get the most out of your film photography. Because we don’t know every one of our users personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Trey Labs LLC.

When we say “Services”, we mean any product created and maintained by Trey Labs LLC.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service in the future. You can track all changes made since January 2021 on GitHub. Whenever we make a significant change to our policies, we will also announce them on our changelog.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You may not use the Services for any purpose outlined in our Use Restrictions policy.
  3. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who have access to your login credentials.
  4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment

  1. Billing is managed through Stripe and all plan management is done on their website via the Subscription section of your settings page.
  2. Currently, a paid plan is only a way of supporting ongoing development of Cassette Nest–there is no limitation of the functionality of the application. In the future, we plan to offer a free trial period and then put your account in read-only if you don’t subscribe (or your subscription lapses or is canceled).

Cancellation and Termination

  1. You are solely responsible for properly canceling your subscription. You can cancel your subscription at any time via the Subscription section of your settings page. If you need help cancelling your subscription, you can always contact us
  2. After cancellation, there is currently no change in the functionality of the application, but in the future, it will put your account into a read-only mode.
  3. After you’ve requested your subscription to be canceled, your subscription will still be fully active until your current billing period ends. If you’d like to cancel it immediately, let us know, and we’ll manually cancel it immediately.
  4. Currently, there is no self-service way of entirely canceling and deleting your account except by contacting us. We plan to offer that as a self-service option in the future.
  5. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because eventually we’re going to find someone doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. We will not resort to this lightly. Just be cool, and we’ll be cool. For more details, see our Use Restrictions policy.
  6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of anyone will result in immediate account termination.

Modifications to the Service and Prices

  1. We have a goal of you being able to keep information you create our Service forever. Your exports are designed for portability and longevity. We will strive to keep this Service running for the foreseeable future. However, sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our products. When we do that, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups and encryption.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Trey Labs may process your data as described in our Privacy Policy and for no other purpose.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. In other words, we use DigitalOcean and Netlify for our hosting and Stripe for payment processing.
  1. All content posted on the Services must comply with U.S. copyright law.
  2. We claim no intellectual property rights over the material you provide to the Services. All materials you add remain yours.
  3. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  6. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact us.

Adapted from the Basecamp open-source policies / CC BY 4.0