Terms of Use

Grayce, Inc

You should carefully read the following Terms and Conditions before using the Grayce, Inc. website and services. By creating an account and using the Services, you are consenting to be bound by and are becoming a party to this Agreement. If you do not agree to all of the terms of this Agreement, do not log on or use the Grayce website or application.

By continuing to use the Services, You agree as follows:

Any information that We collect through Your use of the Services is subject to the Grayce Privacy Policy, which is part of these Terms of Use;
You are at least 18 years old or have been legally emancipated;
You understand and intend that this Agreement is a legally binding agreement and the equivalent of a signed, written contract;
You will use the Services in a manner consistent with applicable laws and regulations and these Terms of Use, as they may be amended by Grayce from time to time; and
You understand, accept, and have received these Terms and acknowledge and demonstrate that You can access these Terms at will.

IF YOU DO NOT AGREE WITH AND ACCEPT THESE TERMS, DO NOT LOG INTO THE WEBSITE OR APPLICATION AND IMMEDIATELY DELETE ALL FILES, IF ANY, ASSOCIATED WITH THE ACCOMPANYING SERVICES AND MATERIALS FROM YOUR COMPUTER OR MOBILE DEVICE.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND GRAYCE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. BY CONTINUING TO USE THE APPLICATION, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

User Terms And Conditions

Last Modified: April 3, 2020

Please note, these Terms and Conditions (the “Terms” or “Agreement”) constitute a binding agreement between You (“You” or “Your”) and Grayce, Inc. (“Grayce”, “We”, “Us”, “Our”). These Terms govern Your use of the Grayce website(the “Website”) and Grayce application (the “Application” or “App”) and the services available through the Website and App (collectively, the “Services”). By using or continuing to use the Services, You indicate that You have read, understand, and agree to these Terms and the Grayce Privacy Policy. All capitalized terms not defined in these Terms are defined in the Privacy Policy.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT OR DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT USE THE SERVICES.

What Are Grayce Services?

Section 1

The Services allow You to help Your loved one deal with elder care issues and/or circumstances by creating individual, elder care profiles where You can upload and store elder care data and documents, coordinate and communicate with elder care specialists, and submit questions and receive information and responses from Grayce staff. You may access and use the Services only in accordance with these Terms, and You agree to comply with all applicable laws, rules, and regulations, including any other policies incorporated into these Terms, such as the Grayce Privacy Policy.

By using the Services, You represent and warrant that You have legal authority to share the Personal Information (as that term is defined in the Privacy Policy) of Your Loved One with Grayce. Our use of the information You provide to Grayce via the Services is subject to the Privacy Policy in effect at the time we use it.

We do NOT provide medical advice

Grayce provides the Services only to help You deal with Your Loved One’s elder care issues and/or circumstances. THE SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, MEDICAL ADVICE OR OPINION. Grayce is not a medical professional service, and Grayce does not provide medical services or render medical advice. If Your Loved One requires medical advice or services, You and/or Your Loved One should consult a medical professional.

If at any time You are concerned about Your Loved One’s care or treatment, or You believe that Your loved one has a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.

We may provide You with links to third parties that may provide You with additional services and functionality, including payment services and App training (See Privacy Policy for details), but Your use of those third parties is not governed by these Terms or the Grayce Privacy Policy. Grayce does not evaluate or warrant the accuracy or quality of third-party services provided to You, and You are responsible for confirming the qualifications of any third-party service provider You use.

Who Is Eligible to Use the Services?

Section 2

By registering for an account and using the Services, You represent and warrant:

That You are at least 18 years old and are otherwise legally qualified to enter into and form contracts under applicable law. Without exception, you must be at least eighteen (18) years of age to participate or qualify for any reward. By submitting the form, you represent that you are at least eighteen (18) years of age;
Your registration data is true, accurate, current, and complete;
You will update Your registration data as needed to maintain its accuracy;
You are authorized to create an account (either for Yourself or Your Loved One);
You are legally authorized to share personal information, health information, and all other information (either for You or Your Loved One) that You share with Grayce; and,
You have installed and are maintaining and operating the Systems (defined below) necessary for You to access and use the Services, including the best commercially available encryption, antivirus, anti-spyware, and internet security software and protection from malware browser extensions.

NOTE: THIS AGREEMENT IS VOID WHERE PROHIBITED BY LAW. DO NOT USE THE SERVICES WHERE PROHIBITED BY LAW. YOU UNDERSTAND THAT YOUR USE OF THE SERVICES MAY INVOLVE OR REQUIRE THE TRANSMISSION OF SIGNIFICANT AMOUNTS OF DATA. YOU ARE RESPONSIBLE FOR ALL DATA CHARGES THAT MAY BE CHARGED BY YOUR WIRELESS CARRIER OR INTERNET SERVICE PROVIDER OR THAT MAY OTHERWISE ARISE FROM YOUR USE OF THE SERVICES.

THE SERVICES ARE NOT INTENDED FOR URGENT OR EMERGENCY SITUATIONS. IN THE CASE OF AN EMERGENCY, YOU SHOULD CALL 911.

How Will Grayce Tell Me if It Changes These Terms?

Section 3

Except for the Arbitration Agreement included at the end of these Terms, Grayce reserves the right to change or modify these Terms at any time without prior notice to You. If we change or modify these Terms, we will let You know by (1) posting a new version to the Services; and, (2) emailing you with notice of such changes.

If You continue to use the Services after we have let You know that we have made changes, You agree to be bound by the modified Terms. If You do not accept the changes, You should immediately stop using the Services and delete all files associated with the Services on Your computer and/or mobile device.

Who Owns the Grayce Services?

Section 4

Grayce owns the Services and all materials You access through the Services. Subject to Your compliance with these Terms, Grayce grants You a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Website and any and all other Grayce technology. You may not use the Services for any other purpose than what is allowed under these Terms without Grayce’s express written permission.

You may not use Grayce’s name, trademarks, service marks, or logos, including for its product(s)or those of third parties appearing on the Services in any advertising or publicity or to otherwise indicate Grayce’s or such third party’s sponsorship or affiliation with any product or service without express written permission from Grayce or such third party.

You own the identifiable Personal Information and any other content You post on or through the Services. For us to provide You with the Services, You grant to Grayce a perpetual, non-exclusive, fully paid, royalty-free, transferable, sublicensable, worldwide license to: (a) use Your content for the purpose of providing the Services; and, (b) de-identify and/or aggregate Your content with other de-identified and/or aggregated content from other users to refine and improve the Grayce Services, create utilization reports, and/or identify algorithms and/or data indicators that could be used to help individuals suffering from elder care issues or circumstances (“Derivative Data”). Grayce owns and maintains all intellectual property rights to Derivative Data.

What Am I Not Allowed to Do With the Services?

Section 5

Grayce imposes certain restrictions on Your use of the Services. While using the Services, You shall not:

provide false, misleading or inaccurate information to Grayce;
impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity;
use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites;
access content or data not intended for You, or log onto a server or account that You are not authorized to access;
violate any applicable law or regulation;
attempt to probe, scan, or test the vulnerability of the Services, the Website, the App, or any associated system or network, or breach security or authentication measures without proper authorization;
interfere or attempt to interfere with the use of the Website, the App or the Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Services;
post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Grayce, You, or any other third party (including another user) to protect the Services;
attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Grayce in providing the Website or App. Any violation of this section may subject You to civil and/or criminal liability;
use the Services while distracted or preoccupied, such as when operating a motor vehicle, or disregard Your safety or the safety of others; or encourage or enable any other individual to do any of the above.

Grayce is not obligated to and does not continually monitor Your use of the Services or information you communicate through the Services. However,

We may monitor Your use of the Services to ensure Your compliance with these Terms, and to respond to law enforcement or other government agencies when we are required to;
Grayce is not responsible for Your conduct while using the Services or the information posted or communicated by any users of the Services. You agree to contact Grayce promptly to notify us of any inappropriate or illegal conduct or content You encounter on the Services; and,
Grayce reserves the right to suspend or terminate Your use of the Services without notice to You if You partake in any of the prohibited uses described above.
Survey entries eligible for a reward are restricted to one reward per participant;
Gracye reserves the right to vary, suspend, or terminate the survey rewards at any time;

Who Protects My Login Information?

Section 6

Upon providing Grayce with the information required to establish Your Account, You will create a username and password to use to access Your account. You are responsible for maintaining the confidentiality of Your password. You may not use the account, username, or password of any other user at any time. You agree to notify Grayce immediately of any unauthorized use of Your account, username, and/or password. GRAYCE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. You may be held liable for any losses incurred by Grayce, its affiliates, officers, directors, employees, consultants, agents, and/or its representatives due to someone else’s use of Your account or password, regardless of whether You were aware of such use.

How Does Grayce Protect My Privacy?

Section 7

Grayce respects the information You provide to us. Please see our Privacy Policy for an explanation of the information that we collect from You and how we use Your information, which is not subject to the Health Insurance Portability and Accountability Act (“HIPAA”), i.e., the primary federal law governing the privacy of health information. Grayce respects and complies with the EU General Data Protection Regulation. By clicking “I Agree”, accessing or using the Website, App, or Services, or by downloading or uploading any content from or through the Services, You acknowledge and agree to the provisions of the Privacy Policy and affirm that the Privacy Policy is a part of these terms.

By using the Services and accepting these Terms, You acknowledge that Grayce may share Your Personal Information collected by the Services with Your Loved One’s healthcare or other service provider(s) (subject to Grayce receipt of a fully executed authorization for release), and it may be shared with others for the benefit of and in the best interests of Your Loved One. Grayce is not responsible for nor liable to You or any third party for use of Your Personal Information, including any collection, use, disclosure, storage, loss, theft or misuse of Your Personal Information, whether or not such use violates applicable law or a healthcare provider’s Notice of Privacy Practices, when use of Your Personal Information was reasonable made for the benefit of Your Loved One’s elder care needs.

By using the Services, You agree to allow Grayce to remotely access your computer or other device using commercially accepted remote support software (such as Zoom) for personal information. If You choose not to allow Grayce to remotely access Your computer or device for remote software support, the level of software support that You will receive from Grayce will be limited.

Computer Equipment and Internet Access

Section 8

You are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for You to access and use the Services. This includes, without limitation, obtaining internet services, using up to date web-browsers and the best commercially available encryption, antivirus, anti-spyware, and internet security software and protection for Your internet browser from malware browser extensions. BY ACCESSING THE SERVICES, YOU AFFIRM THAT YOU HAVE OBTAINED THESE SYSTEMS. You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or Your Systems.

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

How Do I Opt-Out of Receiving Emails from Grayce?

Section 9

In providing the Services, You may receive periodic email communications regarding the Services which are part of the Services and which You cannot opt out of receiving. You may also receive periodic promotions and other offers or materials Grayce believes might be of interest to You. You can opt-out of receiving these promotional messages at any time by emailing Us at team@withgrayce.com.

Links to Outside Third-Party Websites & Services

Section 10

The Services may contain links to third-party websites or services that we do not own or control (“Third-Party Websites”). Grayce does not have control over, and we assume no responsibility for, the content and performance of Third-Party Websites. ACCORDINGLY, GRAYCE DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITES OR SERVICES, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. GRAYCE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF OR RELIANCE ON THIRD-PARTY WEBSITES OR SERVICES.

YOU AGREE THAT, WHEN LINKING TO OR OTHERWISE ACCESSING OR USING A THIRD-PARTY WEBSITE OR SERVICES, YOU ARE RESPONSIBLE FOR: (I) TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOU AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, MALICIOUS CODE AND OTHER HARMFUL OR DESTRUCTIVE CONTENT; (II) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT IS OBSCENE, INDECENT, OFFENSIVE, OR OTHERWISE OBJECTIONABLE OR UNLAWFUL, OR THAT CONTAINS TECHNICAL INACCURACIES, TYPOGRAPHICAL MISTAKES AND OTHER ERRORS; (III) ANY DOWNLOADING, USE OR PURCHASE OF MATERIAL THAT VIOLATES THE PRIVACY OR PUBLICITY RIGHTS, OR INFRINGES THE INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS OF THIRD PARTIES, OR THAT IS SUBJECT TO ADDITIONAL TERMS AND CONDITIONS, STATED OR UNSTATED; (IV) ALL FINANCIAL CHARGES OR OTHER LIABILITIES TO THIRD PARTIES RESULTING FROM TRANSACTIONS OR OTHER ACTIVITIES; AND, (V) READING AND UNDERSTANDING ANY TERMS OF USE OR PRIVACY POLICIES THAT APPLY TO THOSE THIRD-PARTY WEBSITES OR SERVICES.

Third-Party Content and Services

Section 11

Certain features, aspects, products and services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”). Use of Third-Party Services may be subject to additional terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, YOU MAY NOT USE THE RELATED THIRD-PARTY SERVICES.

In the event of any inconsistency between the terms and conditions relating to Third-Party Services and the terms and conditions of these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about You, as specified in the Third-Party Service Providers’ privacy policies. Prior to providing information to any Third-Party Service Provider, You should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. GRAYCE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS OR ANY THIRD PARTY SERVICES RENDERED TO YOU.

Your Representations and Warranties

Section 12

You represent and warrant that Your use of the Services will be in accordance with these Terms and all applicable federal, state and local laws, regulations, rules (“Laws”), and Grayce policies and procedures. Specifically, You represent and warrant that You are legally authorized to share Personal Information (whether Yours or Your Loved One’s) with Grayce.

You also represent and warrant that You are solely responsible for any elder care information that You export or download from the Services.

Warranty Disclaimers & Limitations of Liability

Section 13

No Warranties

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. GRAYCE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR MATERIALS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

NO MEDICAL ADVICE

YOU ACKNOWLEDGE AND AGREE THAT GRAYCE IS IN NO WAY ACTING AS A MEDICAL PROVIDER AND IS NOT PROVIDING MEDICAL ADVICE OR HEALTHCARE SERVICES. THE INFORMATION, PRODUCTS, WORKFLOW, PROCESSES AND OTHER ITEMS REFERENCED BY GRAYCE OR ITS SERVICES ARE NOT INTENDED AS A RECOMMENDATION OR ENDORSEMENT OF ANY COURSE OF TREATMENT, PROCEDURE, INFORMATION, PRODUCT OR MEDICATION. GRAYCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED – AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY – IN CONNECTION WITH ANY HEALTHCARE SERVICES, MEDICAL ADVICE, PRESCRIPTIONS OR MEDICATION RECOMMENDATIONS SUBSEQUENTLY DELIVERED TO YOUR LOVED ONE AS A RESULT OF OR RELATING TO YOU USING THE SERVICES, AND YOU ACKNOWLEDGE THAT THE ULTIMATE RESPONSIBILITY FOR DIAGNOSING AND TREATING YOUR LOVED ONE RESTS WITH THE HEALTHCARE PROVIDERS TREATING HIM OR HER.

NO LEGAL OR FINANCIAL ADVICE

YOU ACKNOWLEDGE AND AGREE THAT GRAYCE DOES NOT PROVIDE LEGAL ADVICE OR SERVICES OR FINANCIAL ADVICE OR SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT GRAYCE IS NOT A LAW FIRM OR A FINANCIAL ADVISOR OR FINANCE FIRM. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NO INFORMATION PROVIDED OR REFERENCED BY GRAYCE SHALL BE CONSTRUED OR INTERPRETED BY YOU TO CONSTITUTE LEGAL ADVICE OR SERVICES OR FINANCIAL ADVICE OR SERVICES. NO INFORMATION, WORKFLOW, PROCESSES OR OTHER ITEMS REFERENCED BY GRAYCE THAT HAS OR COULD HAVE LEGAL OR FINANCIAL IMPLICATIONS SHALL BE CONSTRUED OR INTERPRETED BY YOU AS GRAYCE RECOMMENDING OR ENDORSING ANY PARTICULAR COURSE OF ACTION, LEGAL, FINANCIAL, OR OTHERWISE. GRAYCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED – AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY – IN CONNECTION WITH ANY INFORMATION PROVIDED BY GRAYCE THAT DOES OR COULD EVER BE CONSTRUED BY ANYONE AS HAVING LEGAL OR FINANCIAL IMPLICATIONS IN ANY MANNER.

YOUR RESPONSIBILITY FOR OUR LOSS OR DAMAGE

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD GRAYCE OR ITS THIRD-PARTY SERVICE PROVIDERS, LICENSORS OR SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC SERVER FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. TO SAFEGUARD YOUR DATA, GRAYCE USES AUTOMATED BACKUP TOOLS TO PROVIDE BEST PRACTICE DATA DURABILITY, REDUNDANCY, AND SECURITY.

LIMITATION OF LIABILITY

NEITHER GRAYCE, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR MATERIALS, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GRAYCE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IF YOU ARE NOT SATISFIED WITH THE SERVICES, YOU SHOULD DISCONTINUE USING THEM – THIS IS YOUR ONLY REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, GRAYCE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00. YOU MUST BRING ANY CLAIM ARISING FROM THE USAGE OF THE SERVICES OR MATERIALS WITHIN ONE (1) YEAR OF THE EVENT FROM WHICH THE CLAIM AROSE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification

Section 14

You agree to indemnify, defend and hold harmless Grayce, and its afﬁliates, employees, ofﬁcers, directors, agents, and representatives from any liability, loss, claim, suit, damage, and expense (including reasonable attorneys’ fees and expenses) arising out of or in any way connected with Your access to or use of the Services, Your violation of this Agreement, or any negligent or wrongful conduct by You or related to Your account by You or any other person accessing the Services through Your account, regardless of whether You were aware of such use.

Governing Law

Section 15

These Terms are governed by the laws of the State of California and local regulations of San Francisco County without regard to its conflict of laws principles. The courts of the State of California having jurisdiction of San Francisco County will cover any and all actions arising under these Terms or Your use of the Services.

How and When Can My Account Be Terminated?

Section 16

If You breach any of these Terms, we may suspend or disable Your account or terminate Your access to the Services without prior notice to You. There may be other instances where We may need to terminate Your access to the Services that are not related to any of Your actions or inactions. We reserve the right to terminate Your access to and use of the Services and materials at any time, with or without cause.

If You wish to terminate Your account, please contact Grayce at support@withgrayce.com, immediately discontinue Your use of the Services, and delete all files associated with the Services from Your computer.

How Do I Provide Feedback and Who Owns It?

Section 17

We welcome and encourage You to provide us with feedback, comments, and suggestions for improvements to the Website, App, or Services (“Feedback”). You may submit feedback by emailing us at team@withgrayce.com. If You submit any Feedback to us, we will own all intellectual property rights in such Feedback and may use such Feedback for any lawful purpose.

If any user participating provides, sends, or transmits any communications or materials to Grayce by mail, email, telephone, or otherwise, suggesting or recommending changes to Grayce’s platform or services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Grayce is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. The user participating in the survey hereby assigns to Grayce all right, title, and interest in, and Grayce is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Grayce is not required to use any Feedback.

Notices

Section 18

All notices required or permitted to be given under these Terms must be in writing. Grayce shall give any notice by email sent to the most recent email address that You have provided to Us. You agree that any notice received from Grayce electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH GRAYCE IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY GRAYCE OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

You shall give any notice to Grayce by means of: (1) U.S. mail, postage prepaid, to Grayce, Inc., 1400 Greenwich St, #9, San Francisco, CA 94109; or (2) email to: team@withgrayce.com. Notice to Grayce shall be effective upon receipt of notice by Grayce.

General Provisions

Section 19

If any provision of these Terms is determined to be invalid, illegal or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Nothing in these Terms creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.

Dispute Resolution

Section 20

*PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS*

Most user concerns can be resolved quickly and to Your satisfaction by emailing Grayce support at support@withgrayce.com. In the unlikely event that our support team is unable to resolve a complaint You may have (or if Grayce has not been able to resolve a dispute it has with You after attempting to do so informally), including but not limited to any alleged breach of these Terms, You and Grayce agree to resolve the dispute through binding arbitration in the State of California before a single arbitrator, in accordance with the rules and procedures of the American Arbitration Association and governed by the laws of the State of California and local regulations of San Francisco County. Arbitration, which is often less expensive, faster, and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award, and may, but do not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.

This agreement to arbitrate will not preclude You or Grayce from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude You or Grayce from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN CALIFORNIA, SAN FRANCISCO COUNTY; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.

In accordance with Cal. Civ. Code §1789.3, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

How Do I Contact Grayce?

Section 21

Grayce is headquartered in San Francisco, California, in the United States of America.

Specific questions and comments should be directed to the appropriate department via email to team@withgrayce.com. While we make every effort to respond to emails within one week of receiving them, we cannot guarantee a response to every electronic communication.

You may also contact us via postal mail at:

Grayce, Inc.

1400 Greenwich Street, # 9

San Francisco, California 94109

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Cookie	Duration	Description
__cf_bm	30 minutes	Cloudflare sets the cookie to support Cloudflare Bot Management.
_hjAbsoluteSessionInProgress	30 minutes	Hotjar sets this cookie to detect a user's first pageview session, which is a True/False flag set by the cookie.
_hjIncludedInPageviewSample	2 minutes	Hotjar sets this cookie to check whether a user is included in the data sampling defined by the site's pageview limit.
li_gc	6 months	Linkedin sets this cookie for storing visitor's consent regarding using cookies for non-essential purposes.
lidc	1 day	LinkedIn sets the lidc cookie to facilitate data center selection.
UserMatchHistory	1 month	LinkedIn sets this cookie for LinkedIn Ads ID syncing.
visitorId	1 year	ZoomInfo sets this cookie to identify a user.

Cookie	Duration	Description
__hstc	5 months 27 days	Hubspot set this main cookie for tracking visitors. It contains the domain, initial timestamp (first visit), last timestamp (last visit), current timestamp (this visit), and session number (increments for each subsequent session).
__kla_id	1 year 1 month 4 days	Klaviyo sets this cookie to collect information on the visitor’s behavior. This information is used for internal analytics and to optimise the website. It also registers if the visitor has subscribed to a newsletter.
_cfuvid	session	Set by CloudFlare in order to support rate limiting.
_ga	1 year 1 month 4 days	Google Analytics sets this cookie to calculate visitor, session and campaign data and track site usage for the site's analytics report. The cookie stores information anonymously and assigns a randomly generated number to recognise unique visitors.
_ga_*	1 year 1 month 4 days	Google Analytics sets this cookie to store and count page views.
_gat_gtag_UA_*	1 minute	Google Analytics sets this cookie to store a unique user ID.
_gat_UA-*	1 minute	Google Analytics sets this cookie for user behaviour tracking.
_gid	1 day	Google Analytics sets this cookie to store information on how visitors use a website while also creating an analytics report of the website's performance. Some of the collected data includes the number of visitors, their source, and the pages they visit anonymously.
_hjFirstSeen	30 minutes	Hotjar sets this cookie to identify a new user’s first session. It stores the true/false value, indicating whether it was the first time Hotjar saw this user.
_hjTLDTest	session	To determine the most generic cookie path that has to be used instead of the page hostname, Hotjar sets the _hjTLDTest cookie to store different URL substring alternatives until it fails.
_lfa_test_cookie_stored	less than a minute	Used by LeadFeeder for Account-Based-Marketing (ABM). The cookie registers data such as IP-addresses, time spent on the website and page requests for the visit. This is used for retargeting of multiple users from the same IP-addresses. ABM usually facilitates B2B marketing purposes.
AnalyticsSyncHistory	1 month	Linkedin sets this cookie to store information about the time a sync took place with the lms_analytics cookie.
hubspotutk	5 months 27 days	HubSpot sets this cookie to keep track of the visitors to the website. This cookie is passed to HubSpot on form submission and used when deduplicating contacts.
ln_or	1 day	Linkedin sets this cookie to register statistical data on users' behavior on the website for internal analytics.
vuid	1 year 1 month 4 days	Vimeo installs this cookie to collect tracking information by setting a unique ID to embed videos on the website.

Cookie	Duration	Description
bcookie	1 year	LinkedIn sets this cookie from LinkedIn share buttons and ad tags to recognize browser IDs.
bscookie	1 year	LinkedIn sets this cookie to store performed actions on the website.