Please Read Carefully Before Using This Service.
These Terms describe your rights and responsibilities when using the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms.
Ludable expressly reserves the right to modify these Terms at any time in its sole discretion, and without prior notice to you, by including such modification in these Terms, along with a notice of the effective date of such modified Terms. It is your sole responsibility to check our website periodically for such modifications. Any continued use by you of the Service after the posting of such modified Terms shall be deemed to indicate your irrevocable agreement to such modified Terms. Accordingly, if at any time you do not agree to be subject to any modified Terms, you may no longer use the Service.
THESE TERMS ARE LEGALLY BINDING, AND YOUR USE OF THE SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE, CONSENT, AND AGREEMENT TO THESE TERMS. BY CREATING AN ACCOUNT OR OTHERWISE USING THE SERVICE YOU AFFIRMATIVELY CONFIRM THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE ACTUAL AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.
Upon linking to the Service through your Authorized Account and use of the Service through the Site, a Trello board, or otherwise, and subject to all of the terms and conditions of these Terms, Ludable hereby grants to you the personal, non-transferable, non-exclusive, and non-sublicensable license to use the Service, solely for the Purpose as described in these Terms, until such time as either you or Ludable elect to terminate such right in accordance with these Terms.
Ludable cannot and will not be liable for any loss or damage arising from your failure to comply with these Terms or from the suspension, revocation, or termination of your Trello Account (“Trello Termination”). Ludable is not responsible for any Trello Termination, and you acknowledge that any such Trello Termination may affect your ability to access and use the Service. We reserve the right to treat any breach of Trello’s terms or policies as a breach of these Terms at our sole discretion.
We reserve the right to refuse use of the Service to anyone for any reason at any time. In consideration for such use of the Service, you agree to provide true, accurate, current, and complete information about yourself, where applicable on the Service. Ludable assumes no duty to verify such information.
Except as may be otherwise noted, the information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software, FAQs, and other content) available on the Service (collectively, “Ludable Content”) are the copyrighted works of Ludable and its licensors, and Ludable and its licensors expressly retain all right, title, and interest in and to the Ludable Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms, your use of the Ludable Content may violate copyright and other applicable laws.
Ludable grants you the limited, revocable, non-transferable, non-exclusive, and non-sublicensable license to use the Ludable Content and Third-Party Content (collectively, “Site Content”) by displaying the Site Content on your web-enabled device, and downloading and printing pages from the Site containing Site Content, under the condition that (i) such activity is solely for your personal, education, or other noncommercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter, or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute, or publicly display any of the Site Content, (v) you do not copy any Site Content to any other media or other storage format, and (vi) you otherwise comply with these Terms.
All trademarks, service marks, and logos included on the Site (except to the extent constituting Your Content as defined below, the “Marks”) are the property of Ludable or third parties, and you may not use such Marks without the express, prior written consent of Ludable, or the applicable third party.
Ludable reserves the right, but does not undertake the obligation, to monitor use of the Site and/or the Service, and to investigate and take appropriate legal action against any party that uses the Service in violation of these Terms or applicable law. Ludable reserves the right to accept, reject, or modify any Site Content or Your Content (as defined below), but assumes no liability based on its acceptance, rejection, modification, or failure to modify any Site Content or Your Content.
As a condition of your right to use the Site and the Service, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Service any copyrighted materials, trademarks, or other proprietary information belonging to any third party without the prior written consent of the applicable third party. You acknowledge that Ludable may terminate your access to the Site and/or the Service if you infringe the copyright of third parties.
If you believe that your copyrighted work has been illegally uploaded or posted on the Service, you may send a written notice to Ludable at firstname.lastname@example.org, and Ludable will respond pursuant to the Digital Millennium Copyright Act procedure, the text of which can be found at the U.S. Copyright Office web site http://www.copyright.gov/legislation/dmca.pdf. Ludable reserves all rights to seek damages and fees associated with infringement and or fraud.
In addition to the above, you hereby irrevocably represent and warrant to Ludable that:
Ludable does not claim ownership over any of Your Content or Trello Board Data. However, you agree that Ludable may store and display, subject to your account settings, Your Content and Trello Board Data solely as necessary in connection with the Service and these Terms. To the extent you choose to share any of Your Content or Trello Board Data (“Shared Content”) with other users of the Service, you agree to allow these users to view and use such Shared Content. For example, if you create a button with a custom label and you share that button with others, the button is Site Content, but the custom label is Your Content and will be viewable and usable by those you have shared the button with.
You understand that all of your Shared Content, and the content submitted and shared by other users of the Service, is the sole responsibility of the person submitting such content to the Service. Ludable does not control such content, nor does Ludable guarantee the accuracy, integrity, or quality of such content. Ludable will not be liable in any way under any circumstances for any such content as to any errors, omissions, or any loss or damage of any kind incurred as a result of such content submitted to or shared on the Service.
You may send specific submissions (i.e. descriptions of your workflow automation needs) or suggestions, enhancement requests, recommendations, suggestions, proposals, plans, or other feedback or materials relating to the Service or otherwise (collectively, “Comments”). You hereby grant to Ludable a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any Comments, whether or not provided at Ludable’s request and irrespective of any limitations indicated relating to its use. Ludable is under no obligation:
In addition, you hereby irrevocably represent and warrant to Ludable that the Comments meet the requirements outlined above for Your Content. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
You acknowledge and understand that Your Content may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge that Ludable may have little or no control over the use of Your Content, and hereby agree to hold Ludable harmless from and against any claim or liability arising out of the use of Your Content.
You may use your Authorized or Upgraded Account (as defined below) for the Service only in accordance with these Terms and only for lawful purposes. You are responsible for your own communications, including the upload, transmission, and posting of information, and are responsible for the consequences of their posting on or through the Service.
You agree that your use of the Service is personal in nature. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the sites through which the Service is provided (“Commercial Use”), without express written permission from Ludable. In addition to the foregoing, several usage limits exist, which Ludable may modify from time to time. Such limits are intended to prevent unauthorized use or abuse of the Service.
If you are interested in using Butler for Commercial Use, please contact us for more information at email@example.com.
Ludable specifically prohibits any use of the Service for:
You are prohibited and agree not to engage in the following as it relates to the Site and the Service:
You hereby represent and warrant that (i) you understand and acknowledge that some Site Content may be subject to export, re-export, and import restrictions under applicable law, (ii) you will not use the any Site Content in a manner that violates the U.S. Export Administration Act of 1979 and the regulations of the U.S. Department of Commerce, and (iii) you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods.
Some features of the Service may only be accessed and used upon the payment of applicable fees (“Fees”). Fees may vary depending on usage in accordance with our current pricing policy. All Fees are subject to change at Ludable’s sole discretion, and are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. If you choose to upgrade your Authorized Account to access such features through payment of such Fees (the “Upgraded Account”), your use of the Service may be subject to additional terms and policies.
We do not offer refunds; however, we reserve the right to apply a partial or full refund to any account at any time, for any reason, and at our sole discretion.
Any upgrade to your Authorized Account or downgrade to your Upgraded Account, without otherwise terminating either, will result in a proration of Fees during the then-current billing cycle, and will take full effect with regard to any new Fees being charged at the next billing cycle. Downgrading your Upgraded Account may cause the loss of features or capacity of your Authorized Account. Ludable does not accept any liability for such loss. As long as your Upgraded Account is not otherwise terminated or downgraded, you will be charged the Fees even if you never use the Service. You may, however, downgrade or terminate your Upgraded Account at any time, which will take full effect at the end of the then-current billing cycle.
Ludable reserves the right to suspend or cancel the Site, the Service, or your use of the Service, at any time and without notice. Without limiting the foregoing, if in Ludable’s sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, Ludable may terminate these Terms, or your use of or access to the Service without notice or warning, and you will remain liable for all amounts due up to and including the date of such termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. In addition to the foregoing, if you cancel your Upgraded Account before the end of your current paid up month, your cancellation will take full effect at the end of the then-current billing cycle, and you will not be charged again. If your account is terminated by Ludable for a breach of these Terms, especially for gross misbehavior or failure to pay, Ludable reserves the right to effect such termination immediately, and in its sole discretion, without any proration of unused time in the last billing cycle.
Ludable shall not be liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
THE SITE, SITE CONTENT, AND THE SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LUDABLE MAKES NO WARRANTY THAT THE SITE, SERVICE, OR SITE CONTENT ARE OR WILL BE (i) COMPLETE, (ii) SUITABLE FOR YOUR PURPOSE, (iii) ACCURATE, OR (iii) UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ON BEHALF OF ITSELF AND ITS LICENSORS, LUDABLE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT, AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE, OR THE SITE CONTENT RESTS WITH YOU, AND LUDABLE MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE, OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT LUDABLE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, OR THE SITE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF LUDABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.
You hereby irrevocably agree to indemnify, defend, and hold Ludable, its affiliates, directors, officers, employees, and agents harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) arising out of or related to (i) any third-party claim resulting from a breach by you of any of your covenants, representations, or warranties contained in these Terms and (ii) your use of the Service.
You acknowledge that any use of the Service contrary to these Terms, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to Ludable, its affiliates, and suppliers, and under such circumstances Ludable, its affiliates, and suppliers will be entitled to equitable relief, without posting bond or other security, including but not limited to, preliminary and permanent injunctive relief.
Ludable operates or controls the operation of the Site and Service from offices in the United States. In addition, the Site and Service may be mirrored, and other websites operated or controlled by Ludable may be located, at various locations within and outside of the United States. Ludable makes no representation or warranty that all of the features of the Service will be available to you outside of the United States, or that they are permitted to be accessed outside of the United States. You acknowledge that you are solely responsible for any decision by you to use the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
These Terms constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms supersede all prior or contemporaneous discussions, proposals, and agreements between you and Ludable relating to the subject matter hereof. No amendment, modification, or waiver of any provision of these Terms by you will be effective unless in writing and signed by an officer of Ludable.
If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties, and will be reformed to the extent necessary to make such provision valid and enforceable.
No waiver of rights by Ludable may be implied from any actions or failures to enforce rights under these Terms. These Terms are intended to be and are solely for the benefit of Ludable and you, and do not create any right in favor of any third party.