Terms & Conditions
Last updated: December 20, 2023
These User Terms of Service (“Terms”) are between you (“you” or “user”) and RQ Labs, Inc. (“Requestly” or “we”) and govern your use of all versions of the Requestly software and services, including the Requestly websites, including but not limited to requestly.io, app.requestly.io, docs.requestly.io and community.requestly.io (the “Websites”).
2. Binding Agreement
3. Use of the Services
Subject to your compliance with these Terms and paying the applicable fees, Requestly grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to Use the Services on a subscription basis in accordance with these Terms. Except for the limited rights expressly set out in these Terms, Requestly grants you no other license or right in the Services. Your rights will end when these Terms are terminated even if there are terms to the contrary set out elsewhere in these Terms or in other documentation entered into between Requestly and you.The Services include certain code and libraries licensed to us by third parties, including open source software (“OSS”) as listed at gdpr page along with the applicable OSS license. Your right to use such OSS shall be governed by the applicable OSS license agreement instead of these Terms.
3.2 REQUESTLY ACCOUNT
The Services allow a User to create an individual account (“Account”). The information you provide to us when you create an Account must be accurate, complete and current. You also have the obligation to keep your Account information accurate, complete and current at all times. If any of the information you submit to us changes, you must promptly update the same.You must keep your Account access credentials safe and secure. You are responsible for all actions taken through your Accounts. You are required to promptly inform Requestly and modify your Account login credentials or those of a permitted User if such login credentials are compromised and/or misused/likely to be misused by a third party to improperly access the Services through your Account.Excessively frequent requests via the Requestly app (in excess of the rate limits set out by Requestly) may result in the temporary or permanent suspension of you and your team’s access to Requestly. Requestly, in its sole discretion, will determine abuse or excessive usage of the services. Requestly will make a reasonable attempt via email to communicate with the Admin User prior to suspension.Requestly reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the services (or any part thereof) with notice sent to you via email. You expressly understand and agree that Requestly 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 Requestly has been advised of the possibility of such damages), resulting from your use of Requestly’s services.
3.3 REQUESTLY TEAMS
Requestly supports working collaboratively in teams.The User who will be responsible for the establishment and management of your team is referred to as an Admin User. Once your Admin User has created your Account, they can invite other Users to Use the Services through the “invite” feature in the Account. The Admin User will be required to provide the name, email address, and any other information required by Requestly for each User. An Admin User shall be entitled to designate more than one Admin User. Upon such designation, each new Admin User will be able to do everything that any other Admin User is permitted to do by the Services and these Terms.Requestly charges you a fee for each User to whom you want to provide the ability to Use the Services on your behalf. You must not allow any form of time-sharing use, permit more than one individual to use the same Requestly login credentials, or any other arrangement which bypasses or defeats Requestly’s system controls designed to enforce team size limits. Subject to the terms herein, your Admin Users may add or remove Users from your Account by following relevant instructions set out in Requestly’s standard published documentation for the Services.If you exceed the number of User subscriptions purchased, you may be charged additional fees, which shall be notified to you.
3.4 BETA PREVIEWS
“Beta Previews” mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings. Beta Previews may not be supported and may be changed at any time without notice. In addition, Beta Previews are not subject to the same security measures and auditing to which the Services has been and is subject. By using a Beta Preview, you Use it at your own risk.
As a User of Beta Previews, you may get access to special information that isn’t available to the rest of the world. Due to the sensitive nature of this information, it’s important for us to make sure that you keep that information secret.
3.4.2 CONFIDENTIALITY OBLIGATIONS
You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered Requestly’s confidential information (collectively, “Confidential Information”), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the “Purpose”), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless we don’t otherwise prohibit or restrict such disclosure.
Confidential Information will not include information that is: (a) or becomes publicly available without breach of these Terms through no act or inaction on your part;(b) known to you before we disclose it to you;(c) independently developed by you without breach of any confidentiality obligation to us or any third party; or(d) disclosed with permission from Requestly.You will not violate these Terms if you are required to disclose Confidential Information pursuant to operation of law, provided Requestly has been given reasonable advance written notice to object, unless prohibited by law.
4. Requestly’s Proprietary Rights and Non-exclusivity
Requestly has only licensed the Services to you and Requestly does not sell the Services. You acknowledge and agree that Requestly retains all legal right, title and interest in the Services including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, tools, utilities, user interface, algorithms, logic, formula, scripts, work flows, processes, software, methodologies, databases, know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. As between you and Requestly, Requestly shall retain all legal right, title and interest in the Content, excluding Your Content*. Requestly reserves all rights in and to the Services and Content that it does not expressly grant you in these Terms.*”Your Content” is User-Generated Content that you or your Users submit to the Services.Your rights under these Terms are non-exclusive. There is no prohibition or restriction on Requestly to provide the same or similar rights as set out in these Terms to any other person.
6. Personal Information
7.Fees and Payment
Your use of the Services is subject to you paying Requestly the fees applicable to the Services plan selected and/or used by you (“Subscription Fee”). The Subscription Fees, permitted usage, and available features for each Services plan are listed at Requestly.io/pricing (the “Pricing”).The amount of fees payable by you shall vary depending upon the number of Users and the period for which you are authorized to Use the Services (“Subscription Term”). Except as otherwise specified, all subscriptions will automatically renew for periods equal to your initial Subscription Term (and you will be charged at the then-current rates set forth in the Pricing) unless you cancel auto-renewal of your subscription by writing us a mail at [email protected]
7.2 Payment by Credit Card
When you purchase a subscription via credit card, Requestly may ask you to supply additional information relevant to your Purchase, including your credit card number and expiration date, and your billing address (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Purchase, you authorize Requestly to provide your Payment Information to our third party service providers so Requestly can complete your Purchase and to charge your payment method for the type of Purchase you have selected.
7.3 Authorization for Recurring Payments
By agreeing to these Terms and purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation or termination of your subscription by you or Requestly. Requestly (or our third party payment processor) will automatically charge you in accordance with your Subscription Term (e.g., each month or year), on the calendar day corresponding to the commencement of your Subscription Term, using the Payment Information you have provided. In the event your Subscription Term begins on a day not contained in a given month, your payment method will be charged on suchother days as we deem appropriate. Your subscription continues until canceled by you.
You shall not:
- Use the Services for any illegal purpose or in a manner that violates any law or rights of any other person;
- Permit Use of the Services in a manner not authorized by these Terms;
- Disassemble, decompile, unlock, reverse engineer, or decode the Services in any manner or modify or create any derivative works based on the Services;
- Re-sell, grant any rights under these Terms to any third party or lease, time-share, lend or rent Services;
- Copy any features, functions or user interfaces of the Services;
- Introduce any malicious code, virus, malware, or any other material that disrupts, slows down or causes the Services to malfunction;
- Use the Services in connection with spam;
You may not use information from the Services (whether scraped or obtained otherwise) for spamming purposes.
9. Additional Features
Requestly shall from time to time release additional features of the Services. Use of these features may be subject to payment of fees and other terms as prescribed by Requestly. To use such additional features in the Services, you are required to abide by such additional terms and pay fees, as applicable.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. REQUESTLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER REQUESTLY NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY.REQUESTLY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS,
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR
- THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
You agree to indemnify, release, defend and hold harmless Requestly and its directors, officers, agents and employees (collectively, the “Requestly parties”) from any claims, causes of action, demands, recoveries, losses, damages (actual and consequential), fines, penalties and other costs or expenses, of any kind or nature, including but not limited to reasonable legal and accounting fees (collectively, the “claims”), known and unknown, arising out of or in any way connected with such disputes, including, without limitation, disputes arising over breach of this agreement, breach of any separate agreement or transaction, and/or the substitution of units. Further, you hereby agree to indemnify, release, defend and hold harmless the Requestly parties from any claims brought as a result of your (1) breach of the terms, (2) violation of any law or the rights of a third party, and (3) use of this Site and the Services.
11.1 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REQUESTLY, ITS REPRESENTATIVES, AND LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY LOSS OF DATA, LOSS OF USE, FAILURE OF SECURITY MECHANISMS, BUSINESS INTERRUPTION, LOSS OF INCOME OR PROFIT, OR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES OR CONTENT, WHETHER OR NOT REQUESTLY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
12. PUBLICITY RIGHTS
We may identify you as a Requestly customer in our promotional materials.You may request that we stop doing so by submitting an email to [email protected] at any time.
13. GENERAL TERMS
These Terms constitute the entire agreement between you and Requestly regarding your Use of the Services, and supersedes all prior agreements (written or oral) between you and Requestly in relation to the Services.You must keep all information received by you from Requestly in relation to the Services or otherwise, strictly confidential. You are not permitted to share that information with any third party without prior written permission of Requestly.You agree that if Requestly does not exercise or enforce any legal right or remedy which is contained in these Terms (or which Requestly has the benefit of under any applicable law), this will not be taken to be a formal waiver of Requestly’s rights and that those rights or remedies will still be available to Requestly.If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision shall be deemed removed from these Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.The rights granted in these Terms may not be assigned or transferred by you without the prior written approval of Requestly. You are not permitted to delegate your responsibilities or obligations under these Terms without the prior written approval of Requestly. Requestly is entitled to assign, transfer or delegate any right, responsibility, duty or obligation under these Terms.The Terms apply whether you purchase our Services directly from Requestly or through a Reseller. Resellers are not authorized to make any promises or commitments on Requestly’s behalf, and we are not bound by any obligations to you other than what we specify in these Terms.We’re always trying to improve Services, and your feedback as a User (including Beta Previews) will help us do that. If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our Services (collectively, “Feedback”), you acknowledge and agree that Requestly will have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual license to implement, use, modify, commercially exploit and/or incorporate the Feedback into our Services and documentation. Please send any Feedback that you have for the Services to [email protected]. These Terms shall be governed by the laws of the state of Delaware and the United States, without regard to any conflict of law provisions. You and Requestly agree to submit to the exclusive jurisdiction of the state and federal courts located in the state of Delaware to resolve any dispute arising out of these Terms or the use of the Services.