Terms of Service

Updated May 16, 2022

Pacy operates the Pacy service, which we hope you use. If you use it, please use it responsibly. If you don't, we'll have to terminate your account. For paid accounts, you'll be charged either on a monthly or quarterly basis. You can cancel anytime, but there are no refunds. You own the source code and graphics that you provide to Pacy and you're responsible for keeping it safe. The Terms of Service, Pacy itself, and our prices can change at any time. We'll warn you 30 days in advance of any price changes. We'll try to warn you about major changes to the Terms of Service or Pacy, but we make no guarantees. That's the basic idea, but You must read through the entire Terms of Service below and agree with all the details before You use any of our sites (whether or not you have created an account).

Your Agreement with Pacy

Your use of the Pacy service is governed by this agreement (the "Terms"). "Pacy" means Pacy Inc. The "Service" means the services Pacy makes available include our web sites (https://pacy.co), our blog, our API, and any other software, sites, and services offered by Pacy in connection to any of those. "Customer Graphics" means any source code or graphics you submit to Pacy for the purpose of using the Service. "Content" means all content generated by Pacy on your behalf (including metric data) and does not include Customer Source Code or Graphics. In order to use the Service, You (the "Customer", "You", or "Your") must first agree to the Terms. You understand and agree that Pacy will treat Your use of the Service as acceptance of the Terms from that point onwards. Pacy may make changes to the Terms from time to time. You may reject the changes by terminating Your account. You understand and agree that if You use the Service after the date on which the Terms have changed, Pacy will treat Your use as acceptance of the updated Terms. If you have any question about the Terms, please contact us at support@pacy.co

Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Pacy and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Pacy and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of France, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Pacy’s express prior written permission. Pacy reserves all rights in the Website, Content and Marks.

Your Account

• You may not use the Service if You are a person barred from receiving the Service under the laws of the United States or other countries, including the country in which You are resident or from which You use the Service.
• You may not use the service unless you are over the age of 13.
• You must be a human. Account created by automated methods are not permitted.

Use of the Service

• You must provide accurate and complete registration information any time You register to use the Service.
• You are responsible for the security of Your passwords and for any use of Your account.
• Your use of the Service must comply with all applicable laws, regulations and ordinances.
• You agree to not engage in any activity that interferes with or disrupts the Service.
• Pacy reserves the right to enforce quotas and usage limits (to any resources, including the API) at its sole discretion, with or without notice, which may result in Pacy disabling or throttling your usage of the Service for any amount of time.
• You may not allow multiple people to use the same account or otherwise access the Service in a manner intended to avoid incurring fees.

Ownership of Assets

You own all the design files and the original source files for your project. You also own the copyright for everything we create for you. The client agrees that any materials provided to the design team for use during the design process, including but not limited to, examples or materials to be incorporated into a project, are owned by the client and do not infringe on or misappropriate any third party’s rights, including all intellectual property rights and any right of publicity. There are certain circumstances where we may share your design work to social media, on our website or any other public channels unless you agreed as per the Displaying Design Work section of thsi agreement.

Displaying Design Work

Pacy may share design work on digital channels including social media, website, etc. unless the Client requests that an NDA is signed between themselves and Pacy. If an NDA is signed, then Pacy cannot share or discuss the Client's work publicly.

Service Policies and Privacy

The Service shall be subject to the privacy policy for the Service available at our Privacy Policy page. You agree to the use of Your data in accordance with Pacy's privacy policies.

Fees for Use of the Service

• The Service may be provided to You without charge up with certain limits or for a certain 'trial' period of time.
• Usage over this limit (or after the 'trial' period) requires Your purchase of additional resources or services.
• For all purchased resources and services, we will charge Your credit card on a monthly or quarterly basis.
• Payments are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
• Charges are solely based on Pacy's measurements of Your use of the Service, unless otherwise agreed to in writing.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
• You acknowledge and agree that any credit card and related billing and payment information that You provide to Pacy may be shared by Pacy with companies who work on Pacy's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Pacy and servicing Your account.
• Pacy may change its fees and payment policies for the Service by notifying You at least thirty (30) days before the beginning of the billing cycle in which such change will take effect.

Cancellation and Termination

• You must cancel Your account via your account dashboard / customer portal. An email or phone request to cancel Your account is not considered cancellation.
• You will not receive any refunds if You cancel Your account.
• If You cancel the Service before the end of Your current paid up month or quarter, Your cancellation will take effect immediately and You will not be charged again.
• All of Customer Graphics Content will, within a reasonable amount of time to be determined solely by Pacy, be deleted from the Service upon cancellation.
• You agree that Pacy, in its sole discretion and for any or no reason, may terminate or suspend Your account. You agree that any termination of Your access to the Service may be without prior notice, and You agree that Pacy will not be liable to You or any third party for such termination.

Customer Graphics

• Pacy claims no ownership or control over any Customer Graphics. You retain copyright and any other rights You already hold in the Customer Graphics You are responsible for protecting those rights, as appropriate.
• You agree to assume full responsibility for configuring the Service to allow appropriate access to any Customer Graphics provided to the Service.
• Pacy is not responsible if you fail to configure, or misconfigure, your project and inadvertently allow unauthorized parties view any Customer Graphics.

Ideas and Feedback

You may choose to or we may invite You to submit comments or ideas about the Service, including but not limited to ideas about improving the Service or our products ("Ideas"). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place Pacy under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

Modification of the Service

• You acknowledge and agree that the Service may change from time to time without prior notice to You.
• Changes include, without limitation, changes to fee and payment policies, security patches, added or removed functionality, and other enhancements or restrictions.
• Pacy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

External Resources

The Services may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that Pacy is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

Exclusion of warranties

• You agree that Pacy has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that You are solely responsible for securing and backing up Customer Graphics.
• Pacy does not warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, (c) the results or data provided by the Service will be accurate, (d) the quality of the service will meet your expectations and (e) any errors in the Service will be fixed.

Limitation of liability

You expressly understand and agree that Pacy, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (whether or not Pacy has been advised of or should have been aware of the possibility of any such losses arising).

Indemnification

You agree to hold harmless and indemnify Pacy, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Pacy and Partners") from and against any third party claim arising from or in any way related to (a) Your breach of the Terms, (b) Your use of the Service, (c) Your violation of applicable laws, rules or regulations in connection with the Service, or (d) Your Customer Graphics, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Pacy will provide You with written notice of such claim, suit or action.

General Legal Terms

The Terms constitute the whole legal agreement between You and Pacy and govern Your use of the Service and completely replace any prior agreements between You and Pacy in relation to the Service. You agree that if Pacy does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Pacy has the benefit of under any applicable law), this will not be taken to be a formal waiver of Pacy's rights and that those rights or remedies will still be available to Pacy. Pacy shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.