RAAPID Terms of Service
1. Terms:
By accessing the website https://www.raapidinc.com (“Website”) and the RAAPID mobile application (“App” and together with the Website, shall be read as “Website/App”), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Your Account:
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. RAAPID reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
3. Disclaimer :
- The materials on RAAPID’s website are provided on an ‘as is’ basis. RAAPID makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, RAAPID does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
4. Privacy:
Please review our Privacy Policy, which also governs your visit to Website, to understand our practices. The personal information/data provided to us by you during the course of usage of Website will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
5. Prohibited uses :
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
6. Disclaimers & Exclusion Of Liability:
Although care is taken to ensure that the information on the Website is accurate and up to date, we cannot accept any responsibility for mistakes or omissions. In particular, any news articles may be out of date. We enter into no express or implied conditions, warranties, terms or representations regarding the quality, accuracy or completeness of the information. We exclude to the extent lawfully permitted all liability for loss or damage, whether direct, indirect or consequential (including, without limitation, loss suffered as a result of breach of these terms which is not a foreseeable consequence of the breach, lost profits, lost opportunity, lost business, loss of goodwill, loss of contracts, increased overheads or administrative expenses or management time) arising out of your use of or inability to use this Website, or from any information or omission contained in this Website.
We do not have any control over such linked websites or their content of them and cannot accept any responsibility for them.
Please note that although reasonable care is taken to ensure that the Website and the materials available from it are virus-free, we cannot accept responsibility for any viruses which may affect any material you download.
You may not misuse the Website (including, without limitation, by hacking, attempting to gain unauthorized access to the Website or any server on which the Website is stored, or by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful). You may not attack the Website via a denial of service attack or a distributed denial of service attack.
We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website.
7. Indemnity:
You agree to defend, hold harmless and indemnify RAAPID from and against any and all losses, costs, expenses, damages or other liabilities incurred by RAAPID arising from or related to any cause of action, claim, suit, proceeding, demand or action brought by a third party against RAAPID: (a) in connection with your use of RAAPID including any payment obligations incurred through use of RAAPID; or (b) resulting from: (i) your use of RAAPID; (ii) your decision to supply profile or payment information via RAAPID; (iii) any breach of contract or other claims made by RAAPID with which you conducted business through RAAPID; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through RAAPID; (viii) any act or omission of yours with respect to the payment of fees to any RAAPID; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a RAAPID. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
8. Accuracy of materials:
The materials appearing on RAAPID’s website could include technical, typographical, or photographic errors. RAAPID does not warrant that any of the materials on its website are accurate, complete or current. RAAPID may make changes to the materials contained on its website at any time without notice. However, RAAPID does not make any commitment to update the materials.
9. Links:
RAAPID has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by RAAPID of the site. Use of any such linked website is at the user’s own risk.
10. API Terms:
Any use of the API (Application Program Interface), including use of the API through a third-party product that accesses RAAPID, is bound by these Terms of Service plus the following specific terms:
You expressly understand and agree that RAAPID shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RAAPID has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to RAAPID via the API may result in the temporary or permanent suspension of your account’s access to the API. RAAPID, in its sole discretion, will determine abuse or excessive usage of the API. RAAPID will make a reasonable attempt via email to warn the account owner prior to suspension.
RAAPID reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
11. Intellectual Property :
RAAPID Worker acknowledges that RAAPID may be providing RAAPID Worker with content, data or other materials of RAAPID’s customers or other third parties (such customers and third parties, “Third Paraties,” and such content, data or other materials, “Third Party Content”). RAAPID Worker obtains no right, title or interest in or to Third Party Content. All Third Parties are express, intended third party beneficiaries under this Agreement.
RAAPID shall own all right, title and interest (including copyrights, trade secret rights and all other intellectual property rights of any sort throughout the world) relating to any and all Deliverables and any other inventions (whether or not patentable), works of authorship and information made or conceived or reduced to practice, in whole or in part, by or on behalf of RAAPID Worker during the term of this Agreement in connection with the Services, Deliverables or any Proprietary Information (as defined below) (collectively, “Work Product”). RAAPID Worker hereby irrevocably assigns to RAAPID all rights, title and interest worldwide, in and to all Work Product. If RAAPID Worker has any rights to Work Product, including without limitation any intellectual property rights, that cannot be assigned to RAAPID by RAAPID Worker, RAAPID Worker hereby automatically unconditionally and irrevocably grants to RAAPID during the term of such rights, an exclusive, even as to RAAPID Worker, irrevocable, perpetual, worldwide, fully-paid and royalty-free license to such rights, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale and exercise any and all such rights. If RAAPID Worker has any rights to such Work Product that cannot be assigned or licensed, RAAPID Worker hereby automatically unconditionally and irrevocably waives the enforcement of such rights, and all claims and causes of action of any kind against RAAPID, RAAPID’s customers, its customers and ad infinitum, with respect to such rights, and will consent to and join in any action to enforce such rights.
To the extent allowed by law, the assignments, licenses and waivers granted hereunder include all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like. To the extent any of the foregoing is ineffective under applicable law, RAAPID Worker hereby provides any and all ratifications and consents necessary to accomplish the purposes of the foregoing. RAAPID Worker will not incorporate in any Deliverables or other Work Product information or materials to which third parties (other than the applicable Third Parties) have any rights.
RAAPID Worker hereby acknowledges and agrees that any Deliverables including RAAPID Worker’s physical likeness (and the physical likeness of any other person therein) are provided by RAAPID Worker with all consents and approvals necessary from all applicable parties to effect each assignment, license and waiver related to such Deliverables herein.
12. Publicity:
By using RAAPID or any portion thereof, including but not limited to our API, you hereby grant us a fully paid-up, royalty-free, nonexclusive, worldwide right and license to use your trademarks, logos, and trade names for the sole purpose of referring to you as a customer and/or user of RAAPID on the RAAPID Site and our other marketing and promotional materials, or as otherwise mutually agreed between you and RAAPID.
13. Non-Disclosure of Confidential Information
- Confidential Information:
You acknowledge that you may have access to information that is treated as confidential and proprietary by the RAAPID, including, without limitation, the existence and terms of this Agreement, any oral, written, graphic or machine-readable information including, but not limited to, information, trade secrets, know-how, processes, ideas, inventions (whether patentable or not), product development plans, forecasts, strategies, business plans, agreements with third parties, services, customers, marketing or finances of the RAAPID (collectively, the “Confidential Information”). Confidential Information does not include information that: (i) was in the public domain at the time it was disclosed or has entered the public domain through no fault of yours; (ii) known to you, and there is demonstrable proof of your knowledge, at the time of disclosure; (iii) is disclosed with the prior written approval of the RAAPID; or (iv) is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you provide the RAAPID prompt notice of such order or requirement to permit it to seek a protective order or otherwise prevent or restrict such disclosure.
- You agree not to use any Confidential Information disclosed to you by the RAAPID for your own use or for any purpose other than to carry out the Services you agree to provide. You agree to treat all Confidential Information as strictly confidential. This means you will not (i) disclose or permit Confidential Information to be disclosed to any third party without the prior written consent of the RAAPID, or (ii) permit Confidential Information to come into the public domain. You agree to take all reasonable measures to protect the secrecy of, and avoid disclosure or unauthorized use of Confidential Information. You agree to notify the RAAPID of any actual or suspected misuse, misappropriation or unauthorized disclosure of Confidential Information.
- Return or Destruction of Confidential Information.
You must return and destroy all Confidential Information to the RAAPID, within ten (10) days after (i) completion of the Services for a Project, (ii) the RAAPID’s written request for you to do so, or (iii) the termination or expiration of this Agreement.
- Acknowledgements.
THE RAAPID MAKES NO WARRANTIES EXPRESS OR IMPLIED, REGARDING THE ACCURACY OF THE CONFIDENTIAL INFORMATION. You acknowledge, by your execution of this Agreement, that the Confidential Information you receive pursuant to this Agreement may be in development or incomplete, and that such Confidential Information may relate to products that are not, and may never be, fully developed. The RAAPID accepts no responsibility for any expenses or losses you incur as a result of your receipt or use of Confidential Information.
- Successors and Assign :
The Terms and Conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the parties, provided that Confidential Information of the RAAPID may not be assigned without its prior written consent.
- Remedies.
The parties each expressly agree that the unique nature of Confidential Information makes monetary damages inadequate compensation to remedy a breach by you, which shall cause irreparable injury to the RAAPID. The RAAPID shall be entitled to obtain injunctive relief against a breach or threatened breach of this Section 13.
14. Alteration of Service or Amendments to the Conditions:
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15. Governing Law:
These terms and conditions are governed by and construed in accordance with the laws of Kentucky and you irrevocably submit to the exclusive jurisdiction of the courts in that or location.
16. Events beyond our reasonable control:
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause, which is beyond our reasonable control. This condition does not affect your statutory rights.
17. Waiver:
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
18. Acceptance Of These Terms:
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
19. Contact Information:
You may contact us by emailing us at info@raapidinc.com.