Terms of Service
Welcome to ProdPad. As with all other online offerings, our services are delivered within a predefined legal framework, as set out below.
The ProdPad service is delivered to you by CreateShift Ltd (hereinafter referred to as ‘CreateShift’ or ‘we’), a company registered in England and Wales under company number 8092272 have our registered office at: 11 Kingsley Court, 142 Kings Road, Brighton BN1 2LP, UK.
By using the prodpad.com and createshift.com web sites (“Service”), all services of CreateShift Ltd (“CreateShift”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Createshift reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: Terms of Service
It is understood by you and your users that any violation of the following Terms of Service will result in the termination of your Account. You also agree to use the Service at your own risk.
You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service. If you are using ProdPad as a representative of a company or legal entity, (i) you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and (ii) you agree that the terms “you” and “your” in this Agreement refers to your company or legal entity.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You have the legal authority to bind Customer and is lawfully able to enter into contracts.
- You must provide your full legal name, valid email address and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
- You are responsible for maintaining the security of your account and password. CreateShift cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You must be a human and over the age of 16. Users registered by “bots” or other automated methods are not permitted.
- Your access is tied to a Customer account. You continued access to that account is at their pleasure.
- If you wish to terminate your access, contact the Customer.
- You acknowledge and agree that the Customer Data is owned by Customer including such data that you enter into the Services.
- You acknowledge and agree the Services provides the Customer with many choices and control over that Customer Data including but not limited to the provision or de-provision access to the Services, enable or disable third party integrations, manage permissions, retention and export settings, and these choices and instructions may result in the access, use, disclosure, modification or deletion of certain or all Customer Data.
- You acknowledge and agree that the Services track actions of all users within the app for audit, security and compliance purposes and that the Customer has access to those logs.
Customers may access their ProdPad account data via our API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses ProdPad, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that CreateShift 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 CreateShift has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to ProdPad via the API may result in the temporary or permanent suspension of your account’s access to the API. CreateShift, in its sole discretion, will determine abuse or excessive usage of the API. CreateShift will make a reasonable attempt via email to warn the account owner prior to suspension.
- CreateShift reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading, and Downgrading Terms
- A valid credit card or automatically renewing annual invoice is required for the ongoing use of all paid accounts. No credit card is required during the trial period.
- The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months or years of service, downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- 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, excluding only United States (federal or state) taxes.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle, with a prorated credit applied as applicable.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. CreateShift does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account Settings link in the global navigation bar at the top of the screen. The Account Settings screen provides a simple cancellation option.
- Upon cancellation of the Service, a paying customer in good standing may request one of three treatments of their company data (parking / active deletion / passive deletion). If a choice is not made at time of cancelation, ProdPad will automatically designate the customer data as “passive deletion” and is no way held responsible deleted account’s data.
- Upon expiration of a trial account, all information entered into ProdPad will be categorized as “passive deletion”.
- In situations when a customer, paying or trial, has violated any terms of this agreement through misconduct it is agreed that ProdPad will perform an active deletion of all materials aligned with the offending account.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. Also, there will be no prorating of unused time in the last billing cycle.
- CreateShift, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other CreateShift service, for any misconduct, including abusive or unlawful usage of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
Modifications to the Service and Prices
- CreateShift reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ProdPad Site (ProdPad.com) or the Service itself.
- CreateShift shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Privacy & Cookies
Copyright and Content Ownership
- All content posted on the Service is must comply with UK copyright law.
- We claim no intellectual property rights over the material you provide to the Service. Your profile, ideas and materials uploaded remain yours.
- CreateShift does not pre-screen Content, but CreateShift and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright©2018 CreateShift, Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from CreateShift.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- CreateShift reserves the right to display your company logo on its public website, and list your company name amongst a published list of customers. If you do not wish your company name/logo to be used in this way, you have the right to opt-out by contacting CreateShift in writing at email@example.com.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that CreateShift uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- The third party vendors and hosting partners engaged by ProdPad are responsible for maintaining industry standards (or higher) in support of ProdPad customers. To learn more about how your data is stored and secured here. ProdPad reserves the right to change vendor support at any time, maintaining industry standards (or higher).
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, CreateShift, or any other CreateShift service.
- 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 without the express written permission by CreateShift.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CreateShift customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, to the extent not in violation of applicable laws, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- CreateShift does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that CreateShift 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 CreateShift has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. The total liability of CreateShift, whether in contract, tort (including negligence) or otherwise and whether in connection with this Agreement or any collateral contract, shall in no circumstances exceed a sum equal to the amount of fees paid by you to CreateShift in the previous 12 months.
- The failure of CreateShift to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and CreateShift and govern your use of the Service, superceding any prior agreements between you and CreateShift (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.