Bad Rabbit Terms of Service

Updated June 30, 2017

Thank you for working with Bad Rabbit! These terms of service (“Terms”) govern your use of and access to the services, client software, and websites (“Services”) provided by Bad Rabbit, Inc. (“Bad Rabbit”), an Oregon corporation. By using our Services, you are agreeing to be bound by these Terms and our Privacy Policy.

This is a binding contract, so please read carefully.

Use of Services

Only use our Services appropriately in the intended manner. For example, don’t interfere with our Services or try to access them using methods other than those explicitly provided by us. You may only use our Services in accordance with the law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Our Services may make available content from third parties. This content is offered for your convenience and we make no guarantee as to its accuracy.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

If you are using our Services for an organization, you are agreeing to these Terms on behalf of that organization. The organization will hold harmless and indemnify Bad Rabbit and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Your Data

When you use our Services, you will provide us with content possibly including names, email addresses, contacts, and so forth (“Your Data”). Bad Rabbit will only use Your Data in ways necessary to provide you with the Services and to improve the Services.

Your Data remains your property, but you are giving us permission to do things like hosting it, scanning it for indexing, backing it up, and any other functions necessary to perform the Services.

Your Account

You may need a Bad Rabbit Account in order to use some of our Services. You may create your own Bad Rabbit Account, or your Bad Rabbit Account may be assigned to you by an administrator, such as your employer or institution. If you are using a Bad Rabbit Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.

To protect your Bad Rabbit Account, keep your password confidential. You are responsible for the activity that happens on or through your Bad Rabbit Account. Try not to reuse your Bad Rabbit Account password on third-party applications. If you learn of any unauthorized use of your password or Bad Rabbit Account, contact us as soon as possible.

Software

In the course of providing these Services, Bad Rabbit may deliver to you client software (“Software”) for the purpose of enabling you to access the Services. So long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Modification and Termination

We are constantly changing and improving our Services. We may add or remove functionalities or features.

You may stop using our Services at any time. We reserve the right to suspend or terminate your access to Services, with notice to you, if:

  1. You breach these Terms,
  2. You use the Services in a manner that could harm Bad Rabbit or our other customers, or
  3. You don’t have a Paid Account and have not used our Services for 12 consecutive months.

We’ll give you reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Content from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to our Services.

We won’t provide notice before termination where:

  1. You’re in material breach of these Terms,
  2. Doing so would cause us legal liability or compromise our ability to provide Services to our other customers, or
  3. We’re prohibited from doing so by law

Discontinuation

Bad Rabbit may decide to discontinue some or all of our Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll give you as much notice as is reasonably possible so that you can export Your Content from our systems. If we discontinue Services before the end of any fixed or minimum term for which you have paid us, we’ll refund the portion of the fees you have pre-paid but have not received Services for.

Assignment

Bad Rabbit may assign the obligations and benefits of these Terms to another party. Unless such assignment is made in response to unforeseen circumstances beyond our control, we will only make assignment to a third party who will respect any fixed or minimum term for which you have paid us.

Disclaimer of Warranty

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BAD RABBIT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OR TRADE, OR NONINFRINGEMENT, IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER.

Limitation of Liability

IN NO EVENT SHALL BAD RABBIT BE LIABLE FOR ANY DAMAGES RESULTING FROM LOSS OF DATA, USE, PROFIT OR REVENUE, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, EVEN IF BAD RABBIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BAD RABBIT’S LIABILITY FOR ANY OTHER DAMAGES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICES IN THE PAST NINETY (90) DAYS.

Force Majeur

We are not liable to you for any delay or failure to perform our obligations if such delay or failure arises from any cause or causes beyond our reasonable control, including, but not limited to, labor disputes, strikes, other lab or industrial disturbances, acts of God, floods, lightning, shortages of materials, rationing, utility or communications failures, earthquakes, casualty, war, acts of the public enemy, riots, insurrections, embargoes, blockages, actions, restrictions, regulations or orders of any government, agency or subdivisions thereof.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between Bad Rabbit and you. They do not create any third party beneficiary rights.

If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

These Terms shall be governed by the laws of the State of Oregon, and shall exclude that body of law known as conflicts of law. The parties agree to submit to the exclusive jurisdiction of the Oregon courts, both state and federal.

For information about how to contact Bad Rabbit, please visit our main web page.