Glowtrail Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Glowtrail platform ("Service"), provided by Glowtrail Ltd ("Glowtrail", "we", or "us"). By accessing or using the Service, you agree to be bound by these Terms.

Use of Service

You may use the Service only in accordance with these Terms and all applicable laws. You agree not to misuse the Service or help anyone else do so.

Account and Access

You are responsible for safeguarding the credentials used to access the Service and for all activity under your account. You agree to notify us immediately of any unauthorized use.

Data and Privacy

All data is handled in accordance with our Privacy Policy and applicable laws including GDPR.

Payment and Billing

Access to the Service is subject to payment of applicable fees as specified in the Order Form. Unless otherwise agreed, payments are due as stated in the invoice terms. Late payments may incur interest or suspension of service.

Intellectual Property

All intellectual property rights in the Service, including software, design, and branding, are and remain the exclusive property of Glowtrail. Nothing in these Terms grants you any rights to the Service except as expressly set out.

Confidentiality

Both parties agree to keep confidential any non-public information disclosed in relation to the Service. This obligation continues beyond termination of service.

Warranty Disclaimer

The Service is provided 'as is' and 'as available'. We make no warranties, express or implied, regarding the Service, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

To the extent permitted by law, Glowtrail shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues. Our total liability for any claim related to the Service shall not exceed the amount paid by you for the Service in the 12 months preceding the claim.

Termination

You may terminate your use of the Service at any time by providing written notice. We may suspend or terminate your access to the Service at our sole discretion, with or without cause, and without prior notice.

Upon termination, your right to use the Service will immediately cease. You must discontinue all use, and we may delete your data in accordance with our data retention policy.

Termination does not entitle you to a refund of any fees already paid, unless required by law.

Sections of these Terms that by their nature should survive termination shall do so, including those related to intellectual property, confidentiality, disclaimers, limitations of liability, and indemnity.

Indemnification

You agree to indemnify, defend, and hold harmless Glowtrail, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from (i) your use of and access to the Service; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party rights, including without limitation any copyright, property, or privacy right.

Third-Party Services

The Service may integrate or interact with third-party services. We do not control and are not responsible for the availability, performance, or accuracy of any third-party services, and your use of those services is subject to their respective terms and conditions. We disclaim all liability arising from your use of or reliance on any third-party services.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms without restriction, including in the event of a merger, acquisition, or sale of assets.

Changes to the Service

We may modify, update, or discontinue parts of the Service from time to time to improve performance, add features, or reflect changes in our business or legal obligations. Where possible, we'll aim to provide notice of significant changes. Your continued use of the Service after such changes become effective constitutes your acceptance of those changes.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. Any disputes shall be subject to the exclusive jurisdiction of the courts located in Delaware.

Contact

Glowtrail Support: support@glowtrail.ai