Legal Stuff

Last modified May 24th, 2015

TL;DR

Thing one: Liability

Complice is designed to help you achieve you goals, whatever those may be. However, while Complice or people giving coaching in the context of Complice may give you advice, you remain fully responsible for having goals that are safe, or at least for staying safe while pursuing risky goals. Complice is not responsible if you hurt yourself doing something that you motivated yourself to do using it. Also, if you find yourself becoming so productive that your social life is damaged, you agree that that was an unintended byproduct and that Complice is not responsible for your life becoming unbalanced. (Btw, potential solution to this: make a "Social" or "Community" or "Connection" goal.)

Thing two: Privacy

We'll respect your privacy, and won't sell your email address or steal or your identity. You will retain control over what data of yours is shared with others, via the Visibility controls on a per-goal basis. The exact details of this may change in the future, but always in ways that are generous, and if serious changes to this system are made, we will err on the side of caution, as well as notify you. We may do research on anonymized data.


 

Legalese (what you're technically agreeing to)

Both the ToS and Privacy Policy below are copied almost verbatim (including some cheeky remarks) from Beeminder's adaptation of this Creative Commons Sharealike document from WordPress. That means some of it may be extraneous or irrelevant, but I want to spend my time making Complice better, not editing a legal document :)

Terms of Service:

The following terms and conditions govern all use of the Complice.co website and all content, services, and products available at or through the website, including, but not limited to, Complice life-coaching (taken together, the Website). The Website is owned and operated by Complice (“Complice”), unincorporated sole proprietorship of Malcolm McCulloch. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Complice’s Privacy Policy, below) and procedures that may be published from time to time on this Site by Complice (collectively, the “Agreement”).

By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. (Lawyers seem to have a funny definition of “agree”.) If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Complice, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. Presumably there are paranoid "think of the children" laws about this sort of thing and saying that puts us in compliance? So, yeah, go away, 12-year-olds! Get off our lawn!

  1. Your Complice.co Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account and entries, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not describe or assign keywords to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Complice may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Complice liability. You must immediately notify Complice of any unauthorized uses of your account or any other breaches of security. Complice will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate an account, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
    • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your profile's URL or name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Complice or otherwise.

    By submitting Content to Complice marked as visible to anyone, you grant Complice a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish that Content solely for the purpose of displaying, distributing and promoting your productivity. If you delete Content, Complice will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Complice has the right (though not the obligation) to, in Complice’s sole discretion (i) refuse or remove any content that, in Complice’s reasonable opinion, violates any Complice policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Complice’s sole discretion. Complice will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      Optional paid services may be available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Complice the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
  4. Responsibility of Website Visitors. Complice has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Complice does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Complice disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Complice.co links, and that link to Complice.co. Complice does not have any control over those non-Complice websites and webpages, and is not responsible for their contents or their use. By linking to a non-Complice website or webpage, Complice does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Complice disclaims any responsibility for any harm resulting from your use of non-Complice websites and webpages.
  6. Copyright Infringement and DMCA Policy. As Complice asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Complice.co violates your copyright, you are encouraged to notify Complice in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy (our DMCA policy is identical but for the contact info, use dmca@complice.co, Malcolm McCulloch, 200 University Ave W., Waterloo, ON. N2L 3G1). Complice will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Complice will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Complice or others. In the case of such termination, Complice will have no obligation to provide a refund of any amounts previously paid to Complice.
  7. Intellectual Property. This Agreement does not transfer from Complice to you any Complice or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Complice. Complice, Complice.co, GmailZero, the Complice logo, and all other trademarks, service marks, graphics and logos used in connection with Complice.co, or the Website are trademarks or registered trademarks of Complice or Complice’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Complice or third-party trademarks.
  8. Advertisements. Complice reserves the right to display advertisements on your account pages unless you have purchased an Ad-free Upgrade or somesuch.
  9. Attribution. Complice reserves the right to display attribution links on your account page.
  10. Changes. Complice reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. (Lawyers gots chutzpah, eh? But yeah, we'll probably change this.) Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Complice may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  11. Termination. Complice may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Complice.co account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have any special kind of paid account, such account can only be terminated by Complice if you materially breach this Agreement and fail to cure such breach within thirty (30, one score and ten, XXX, are we clear?) days from Complice’s notice to you thereof; provided that, Complice can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  12. Disclaimer of Warranties. The Website is provided “as is”. Complice and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Complice nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
  13. Limitation of Liability. In no event will Complice, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Complice under this agreement during the twelve (12, a dozen, the number written with a one in the ten's place and a two in the one's place) month period prior to the cause of action. Complice shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law. You'd think “except as prohibited by law” would just go without saying. Or maybe it's legalese for “ok, we admit, what we just said might not fly but we thought it was worth a shot”. Did we mention we're just copying all this from WordPress? Thanks again, WordPress!
  14. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Complice Privacy Policy (below), with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  15. Indemnification. You agree to indemnify and hold harmless Complice, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  16. Miscellaneous. This Agreement constitutes the entire agreement between Complice and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Complice, or by the posting by Complice of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language (or any major programming language known to both parties) and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Complice may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

Privacy Policy:

TL;DR = we don't share your data in ways you don't want, you don't sue. Deal? One caveat: we may at some point want to use your data for science! But that will involve at least one of (a) anonymization and (b) your permission, possibly both. In any case, we're extremely careful with your payment information (we don't even store it on our own servers; stripe takes care of all of that) and we take the reasonable precautions that you'd expect in a NodeJS app with information like your email address and phone number. Definitely contact us (support@complice.co) if you have any questions or concerns.

For completeness, here's the official policy, which, as above, is modeled on WordPress's generously shared document.

Website Visitors

Like most website operators, Complice collects non-personally-identifying information (but see the link above about that!) of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Complice’s purpose in collecting non-personally identifying information is to better understand how Complice’s visitors use its website. From time to time, Complice may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Complice also collects potentially personally-identifying information like Internet Protocol (IP) addresses.

Gathering of Personally-Identifying Information

Certain visitors to Complice’s websites choose to interact with Complice in ways that require Complice to gather personally-identifying information. The amount and type of information that Complice gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at Complice.co to provide a username and email address. Those who engage in transactions with Complice — like by subscribing to a monthly plan — are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Complice collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Complice. Complice does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Complice may collect statistics about the behavior of visitors to its websites. For instance, Complice may monitor the most popular kinds of goals on the Complice.co site. Complice may display this information publicly or provide it to others. However, Complice does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Complice discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Complice’s behalf or to provide services available at Complice’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors, and affiliated organizations may be located outside of your home country; by using Complice’s websites, you consent to the transfer of such information to them. Complice will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors, and affiliated organizations, as described above, Complice discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Complice believes in good faith that disclosure is reasonably necessary to protect the property or rights of Complice, third parties or the public at large. If you are a registered user of a Complice website and have supplied your email address, Complice may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Complice and our products or services. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it (appropriately anonymized) in order to help us clarify or respond to your request or to help us support other users. Complice takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Complice uses cookies to help Complice identify and track visitors, their usage of Complice, and their website access preferences. Complice visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Complice’s websites, with the drawback that certain features of Complice’s websites may not function properly without the aid of cookies.

Business Transfers

If Complice, or substantially all of its assets, were acquired, or in the unlikely event that Complice goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Complice may continue to use your personal information as set forth in this policy. This clause seems a little worrisome since part of this policy is that it can be changed in any way at any time! If it's any consolation, you have our assurance that we wouldn't ever sell Complice to anyone we didn't feel was on board with the spirit of all this.

Privacy Policy Changes

Although most changes are likely to be minor, Complice may change its Privacy Policy from time to time, and in Complice’s sole discretion. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.


 

Change log:

2014 November 14: Original version is just mutatis mutandis from Beeminder's adaptation of WordPress's generously shared version. Thanks again, Beeminder and WordPress!

2015 May 24: Privacy Policy updated to better reflect the transition away from a semi-automated life-coaching service (what Complice was originally) to the independent app it is today.

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