Last Updated: September 19, 2014
These terms of service (“Terms”) cover your use and access to the Panic Sync service (“Service”) provided by Panic, Inc (“Panic”). By using the Service, you’re agreeing to be bound by these Terms. If you’re using the Service for an organization, you’re agreeing to be bound by these Terms on behalf of that organization too.
When you use the Service, you provide us with personal data which may include Internet server addresses, email addresses, user names, passwords, or other credentials. These Terms don’t give us any rights to your data except for the limited rights that enable us to offer the Service. We never review any customer content, and we’re under no obligation to do so.
We don’t want anyone but you to see your data, and we’ll work diligently to make sure only you can. We’ll use industry standard security practices to keep your data secure. Your data will be stored in encrypted form. Your data will be transmitted to and from your computer in encrypted form. Your Service password and the cryptographic key derived from it will be stored on your computer, not on our servers. This means that not even Panic employees will be able to decrypt your data without your assistance.
More detailed technical information about the Service’s security and encryption processes is available upon request. A technical overview is available at http://panic.com/sync/
You agree not to store the sole copy of any data on the Service. You’ll keep a backup somewhere else.
You’ll use a strong password for the Service. Should anyone else discover or guess your password, your data may become compromised.
You’ll securely safeguard your Service password somewhere you won’t lose it. If you lose your password, any data stored on the Service will be unrecoverable, even by Panic.
Some pieces of data are more sensitive than others. You choose whether or not to store data on the Service at your own discretion.
You won’t store any data on the Service if doing so violates any law.
The Service is intended for use only by persons over 13 years of age. By using the Service, you're representing to us that you're over 13.
Access to the Service requires client software (“Software”) which runs on your computer and may update automatically. If any component of the Software is offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Service or Software, attempt to do so, or assist anyone in doing so.
The Service and Software are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Service, the Software, others’ content in the Service, Panic trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to (or permission from) you.
You’re free to stop using the Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may suspend or terminate your use of the Service if you’re not complying with these Terms, or use the Service in a manner that would cause us legal liability, disrupt the Service, or disrupt others’ use of the Service.
We strive to provide the best possible Service, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PANIC AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICE. THE SERVICE IS PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don’t allow the disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PANIC, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PANIC HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO PANIC FOR THE PAST 12 MONTHS OF THE SERVICE. Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.
Let’s try to sort it out first. Before filing a claim against Panic, you agree to try to resolve the dispute informally by contacting support@panic.com. We’ll try to resolve the dispute with you via email or phone. You agree to allow us 15 days from submission of your dispute to resolve it before pursuing a formal legal action.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.
You and Panic agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Multnomah County (OR). Both you and Panic consent to venue and personal jurisdiction there.
These Terms will be governed by Oregon law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and Panic with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Panic’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Panic may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.
We may revise these Terms occasionally, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or website). By continuing to use or access the Service after the revisions come into effect, you agree to be bound by the revised Terms.