Fabrica Terms of Service
Your use of the Fabrica Service is governed by this agreement (the “Terms”). “Fabrica Technologies” means Fabrica Technologies, Inc., a Delaware corporation with its principal place of business at 570 El Camino Real #150-381, Redwood City, CA 94063, and its subsidiaries and Affiliates involved in providing the Fabrica Service. “Fabrica Service” means the Fabrica cloud application-hosting platform, the Fabrica app-creation tool, the Fabrica API, and any other software or services offered by Fabrica in connection to any of those. "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
In order to use the Fabrica Service, you must first agree to the Terms. You can agree to the Terms by registering a Fabrica account or using the Fabrica Service. You understand and agree that Fabrica Technologies will treat your use of the Fabrica Service as acceptance of the Terms from that point onwards.
You may not use the Fabrica Service if you are a person barred from receiving the Fabrica Service under the laws of the United States or other countries, including the country in which you are resident or from which you use the Fabrica Service.not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Fabrica Technologies or any of its Affiliates regarding future functionality or features.
Your Account and Use of the Fabrica Service
You must provide accurate and complete registration information any time you register to use the Fabrica Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Fabrica Technologies immediately.ordinances, including any laws regarding the export of data or software. the Fabrica Service by any means other than through the interface that is provided by Fabrica Technologies in connection with the Fabrica Service, unless you have been specifically allowed to do so in a separate agreement with Fabrica Technologies, or (b) engage in any activity that interferes with or disrupts the Fabrica Service (or the servers and networks which are connected to the Fabrica Service).
Fabrica Technologies reserves the right in its sole discretion to enforce any usage limits that are specified in your selected usage plan(s) or usage limits that are necessary to prevent disruptions to the Fabrica Service.
You may use the Fabrica Service only to develop and run applications on the Fabrica Service infrastructure. You may not access the Fabrica Service for the purpose of bringing an intellectual property infringement claim against Fabrica Technologies or for the purpose of creating a product or service competitive with the Fabrica Service.
Service Policies and Privacy
You agree to comply with the Fabrica Acceptable Use Policy (provided below) which is incorporated herein by this reference and which may be updated from time to time.
Fabrica Technologies shall use commercially reasonable efforts to make the Fabrica Service available 24 hours a day, 7 days a week, except for (a) planned downtime (of which you are given notice via the Fabrica Service), or (b) any unavailability caused by circumstances beyond Fabrica Technologies's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Fabrica Technologies employees), Internet service provider failures or delays, or denial of service attacks.
You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to Fabrica Technologies.
Fees for Use of the Fabrica Service
You will pay all fees for the Fabrica Service based on actual usage. Fees are solely based on Fabrica Technologies’s measurements of your use of the Fabrica Service. You are required to maintain a valid credit card on your account at all times that you use the Fabrica Service.
Fees will be invoiced monthly in arrears and concurrently charged to your credit card. Fees are due on the invoice date. You are responsible for providing complete, accurate and valid credit card, billing, payment and contact information to Fabrica Technologies and notifying Fabrica Technologies of any changes to such information. You acknowledge and agree that any credit card and related billing, payment and contact information that you provide to Fabrica Technologies may be shared by Fabrica Technologies with companies who work on Fabrica Technologies's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Fabrica Technologies and servicing your account.
If any amounts invoiced hereunder are not received by the due date (i.e., the charge to your credit card is denied for any reason), then (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and (b) Fabrica Technologies may, without limiting its other rights and remedies, suspend the Fabrica Service until such amounts are paid in full and a valid credit card is provided to Fabrica Technologies. Any outstanding balance becomes immediately due and payable upon suspension or termination of the Fabrica Service for any reason.
You are responsible for paying all reasonable expenses and attorneys' fees that Fabrica Technologies incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights).
Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales and use, or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder. If Fabrica Technologies has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Fabrica Technologies is solely responsible for taxes assessable against it based on its income, property and employees.
Content on the Fabrica Service and Take Down Obligations
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Fabrica Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content." The term Content shall specifically exclude the web application(s) that you create using the Fabrica Service and any code written by you to be used with the Fabrica Service (collectively, "Applications").
Fabrica Technologies reserves the right (but shall have no obligation) to remove any or all Content from the Fabrica Service. You agree to immediately take down any Content that violates the Acceptable Use Policy, including pursuant to a take-down request from Fabrica Technologies. In the event that you elect not to comply with a request from Fabrica Technologies to take down certain Content, Fabrica Technologies reserves the right to directly take down such Content or to disable Applications.
In the event that you become aware of any violation of the Acceptable Use Policy by an End User of Applications, you shall immediately terminate such end user's account on your Application. Fabrica Technologies reserves the right to disable Applications in response to a violation or suspected violation of the Acceptable Use Policy.
You agree that you are solely responsible for (and that Fabrica Technologies has no responsibility to you or to any third party for) the Application or any Content that you create, transmit or display while using the Fabrica Service and for the consequences of your actions (including any loss or damage which Fabrica Technologies may suffer) by doing so.
You agree that Fabrica Technologies has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Fabrica Service. You further acknowledge that you are solely responsible for securing and backing up your Content.
You acknowledge and agree that Fabrica Technologies (or Fabrica Technologies 's licensors) own all legal right, title and interest in and to the Fabrica Service, including any intellectual property rights which subsist in the Fabrica Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
Except as provided in the “License From You” section, Fabrica Technologies acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content or Applications that you create, submit, post, transmit or display on, or through, the Fabrica Service, including any intellectual property rights which subsist in that Content and the Application (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Fabrica Technologies, you agree that you are responsible for protecting and enforcing those rights and that Fabrica Technologies has no obligation to do so on your behalf.
License from Fabrica Technologies and Restrictions
Fabrica Technologies gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Fabrica Technologies as part of the Fabrica Service as provided to you by Fabrica Technologies. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Fabrica Service as provided by Fabrica Technologies, in the manner permitted by the Terms.
You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Fabrica Service or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Fabrica Technologies, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by the Fabrica Service or any applications running on the Fabrica Service.
You may not attempt to disable, circumvent, or block the visibility of the “Made with Fabrica” text, image, and/or logo that is automatically added to the pages of Applications under certain subscription plans.
Open source software licenses for components of the Fabrica Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with Fabrica Technologies for the use of the components of the Fabrica Service released under an open source license.
License from You
Fabrica Technologies claims no ownership or control over any Content or Application. You retain copyright and any other rights you already hold in the Content and/or Application, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Fabrica Service you give Fabrica Technologies a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for the sole purpose of enabling Fabrica Technologies to provide you with the Fabrica Service. Furthermore, by creating an Application through use of the Fabrica Service, you give Fabrica Technologies a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Application for the sole purpose of enabling Fabrica Technologies to provide you with the Fabrica Service.
By adding a collaborator to your Application, you hereby grant to that user a non-exclusive, royalty-free, non-transferable license, with no right to sub-license, to use, display, perform, reproduce, modify, publish, distribute, list information regarding, edit, translate and analyze such Application(s) and Content as permitted by the relevant Fabrica Service functionality or features for the sole purpose of collaborating on development of the Application(s).
You may choose to or we may invite you to submit comments or ideas about the Fabrica Service, including without limitation about how to improve the Fabrica Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Fabrica Technologies under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You agree that Fabrica Technologies, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Fabrica Service.
Modification and Termination of the Fabrica Service
Fabrica Technologies is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Fabrica Service which Fabrica Technologies provides may change from time to time without prior notice to you. Changes to the form and nature of the Fabrica Service will be effective with respect to all versions of the Fabrica Service; examples of changes to the form and nature of the Fabrica Service include without limitation security patches, added functionality and other enhancements.
The Terms continue in full force and effect until the Fabrica Service ordered by You pursuant to Order Forms have expired or been terminated.
You are solely responsible for exporting your Content and Application(s) from the Fabrica Service prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s).
Upon any termination of the Fabrica Service or your account the Terms will also terminate, but the “Proprietary Rights”, “Modification and Termination of the Fabrica Service”, “Warranties, Exclusive Remedies and Disclaimers”, “Limitation of Liability”, “Indemnification”, and “General Legal Terms” sections shall continue to be effective after the Terms are terminated.
Warranties, Exclusive Remedies and Disclaimers
12.1 Fabrica Technologies warrants that (i) it has validly entered into these Terms and has the legal power to do so, and (ii) the functionality of the Fabrica Service will not be materially decreased during a subscription term. For any breach of a warranty above, your exclusive remedy shall be to terminate your subscription to the Fabrica Service.
You warrant that You have validly entered into this Agreement and have the legal power to do so.
NOTHING IN THESE TERMS, INCLUDING SECTIONS 12 AND 13, SHALL EXCLUDE OR LIMIT EITHER PARTY'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
FABRICA LABS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE FABRICA SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FABRICA LABS, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE FABRICA SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE FABRICA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FABRICA SERVICE WILL BE ACCURATE.
Limitation of Liability
SUBJECT TO SECTION 12.3, NEITHER PARTY'S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL EXCEED THE LESSER OF $500,000 OR THE AMOUNT ATTRIBUTABLE TO THE FABRICA SERVICE PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT, PROVIDED THAT IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) EXCEED THE TOTAL AMOUNT ATTRIBUTABLE TO THE FABRICA SERVICE PAID BY YOU HEREUNDER. THE FOREGOING SHALL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THE "FEES FOR USE OF THE FABRICA SERVICE" SECTION ABOVE.
SUBJECT TO SECTION 12.3 ABOVE, NEITHER PARTY (NOR A PARTY'S SUBSIDIARIES AND AFFILIATES) SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE OTHER PARTY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON LIABILITY IN PARAGRAPH 13.2 ABOVE SHALL APPLY WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You shall defend Fabrica Technologies against any claim, demand, suit or proceeding made or brought against Fabrica Technologies by a third party arising from or in any way related to (a) your breach of the Terms, (b) your use of the Fabrica Service, (c) your violation of applicable laws, rules or regulations in connection with the Fabrica Service, or (d) your Content or your Application ("Claim Against Fabrica Labs"), and shall indemnify Fabrica Technologies for any damages, attorney fees and costs finally awarded against Fabrica Technologies as a result of, and for amounts paid by Fabrica Technologies under a court-approved settlement of, a Claim Against Fabrica Technologies; provided that Fabrica Technologies (a) promptly gives you written notice of the Claim Against Fabrica Technologies, (b) gives you sole control of the defense and settlement of the Claim Against Fabrica Technologies (provided that you may not settle or defend any Claim Against Fabrica Technologies unless it unconditionally releases Fabrica Technologies of all liability), and (c) provides to you all reasonable assistance, at your expense.
You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is Fabrica Labs's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to take down content in your Application or, if necessary, the Application itself upon receipt of a valid DMCA notice.
The Fabrica Service may include hyperlinks to other web sites or content or resources or email content. Fabrica Technologies may have no control over any web sites or resources which are provided by companies or persons other than Fabrica Technologies.
You acknowledge and agree that Fabrica Technologies is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
You acknowledge and agree that Fabrica Technologies is not liable for any loss or damage which may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
From time to time Fabrica Technologies may invite you to try, at no charge, Fabrica Technologies products or services that are not generally available to Fabrica Technologies customers ("Non-GA Services"). You may accept or decline any such trial in its sole discretion. Any Non-GA Services will be clearly designated as beta, pilot, limited release, developer preview, non-production or by a description of similar import. Non-GA Services are provided for evaluation purposes and not for production use, are not supported, may contain bugs or errors, and may be subject to additional terms. Non-GA Services are not considered "Fabrica Service" hereunder and are provided "AS IS" with no express or implied warranty. Fabrica Technologies may discontinue Non-GA Services at any time in its sole discretion and may never make them generally available.
General Legal Terms
The Terms, including all Order Forms, constitute the whole legal agreement between you and Fabrica Technologies and govern your use of the Fabrica Service (but excluding any services which Fabrica Technologies may provide to you under a separate written agreement), and completely replace any prior agreements between you and Fabrica Technologies in relation to the Fabrica Service. No modification, amendment, or waiver of any provision of thee Terms shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the body of the Terms and any Order Form, the terms of such Order Form shall prevail.
There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.
If Fabrica Technologies provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.
You agree that Fabrica Technologies may provide you with notices by email, regular mail, or postings on the Fabrica Service. By providing Fabrica Technologies your email address, you consent to our using the email address to send you any notices required by law in lieu of communication by postal mail.
You agree that if Fabrica Technologies does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Fabrica Technologies has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fabrica Technologies 's rights and that those rights or remedies will still be available to Fabrica Technologies.
The Terms, and your relationship with Fabrica Technologies under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Fabrica Technologies agree to submit to the exclusive jurisdiction of the courts located within the county of San Francisco, California to resolve any legal matter arising from the Terms.
Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party's election, termination of your use of the Fabrica Service upon written notice to the assigning party.
Acceptable Use Policy
Your use of the Fabrica Service is subject to this Acceptable Use Policy. If you are found to be in violation of our policies at any time, as determined by Fabrica Technologies in its sole discretion, we may warn you or suspend or terminate your account. Please note that we may change our Acceptable Use Policy at any time, and pursuant to the Fabrica Terms, it is your responsibility to keep up-to-date with and adhere to the policies posted here. All capitalized terms used herein have the meanings stated in the Terms, unless stated otherwise.
The Content displayed and/or processed through your Application or other web site utilizing the Fabrica Service shall not contain any of the following types of content:
- Content that infringes a third party's rights (e.g., copyright) according to applicable law;
- Excessively profane content;
- Hate-related or violent content;
- Content advocating racial or ethnic intolerance;
- Content intended to advocate or advance computer hacking or cracking;
- Other illegal activity, including without limitation illegal export of controlled substances or illegal software;
- Drug paraphernalia;
- Malicious content;
- Other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
In addition to (and/or as some examples of) the violations described in the Terms, you may not and may not allow any third party, including your End Users, to:
- Generate or facilitate unsolicited commercial email ("spam"). Such activity includes, but is not limited to:
- sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
- imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
- data mining any web property (including Fabrica) to find email addresses or other user account information;
- sending unauthorized mail via open, third-party servers;
- sending emails to users who have requested to be removed from a mailing list;
- selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure; and
- sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship.
- Send email in violation of certain restrictions that prohibit marketing or unsolicited email, as specified in the Fabrica application.
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
- Conduct or forward pyramid schemes and the like;
- Transmit content that may be harmful to minors;
- Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
- Create accounts with automation or register accounts in bulk account without prior written approval from Fabrica Technologies;
- Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;
- Use the Fabrica Service to violate the legal rights (such as rights of privacy and publicity) of others;
- Promote or encourage illegal activity;
- Interfere with other users' enjoyment of the Fabrica Service;
- Sell, trade, resell or otherwise exploit the Fabrica Service for any unauthorized commercial purpose;
- Modify, adapt, translate, or reverse engineer any portion of the Fabrica Service;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the Fabrica Service;
- Reformat or frame any portion of the web pages that are part of the Fabrica Service's administration display;
- Use the Fabrica Service in connection with peer-to-peer file sharing;
- Use the Fabrica Service to "mine" bitcoins and other cryptocurrencies;
- Display any content on the Fabrica Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
- Modify the Fabrica logo or any other Fabrica Marks;
- Use the Fabrica Service, or any interfaces provided with the Fabrica Service, to access any Fabrica product or service in a manner that violates the Terms or other terms and conditions for use of such Fabrica product or service.
What “Personal Information” means
In this Policy, “Personal Information” means information or an information set that identifies or could be used to identify an individual directly or indirectly. Except as described in this Policy, Fabrica Technologies will not give, sell, rent, or loan any Personal Information to any third party.
Personal Information does not include “Usage Data” which we define as encoded or anonymized information or aggregated data we collect about a group or category of services, features, or users which does not contain personally identifying information. Usage Data helps us understand trends in usage of the Fabrica Service so that we can better consider new features or otherwise tailor the Fabrica Service. In addition to collecting and using Usage Data ourselves, we may share Usage Data with third parties, including our customers, partners and service providers, for various purposes, including to help us better understand our customers’ needs and improve the Fabrica Service as well as for advertising and marketing purposes.
How we collect, use, and share your Personal Information and other information
Information you provide to us
When you register for the Fabrica Service, we may ask for Personal Information such as your name, email address, or credit card or other billing information. You may also provide at your own discretion certain related information like your personal website name, social media websites, a list of your skills, the date you started using the Fabrica Service, and a description of yourself. Additionally, as you employ the Service to create websites, the software continuously saves changes made by you with the server and will document items such as when you are working and saving changes, when you last opened the application editor, when sites are published, or when you perform certain tasks.
We may also retain the contents of any messages you send to us or through the Fabrica Service, and we may collect information you provide in user content that you post or upload to the Fabrica Service (“User Content”).
Fabrica Technologies may use Personal Information provided to operate, improve upon, and personalize the Fabrica Service, for billing identification and authentication, to contact and communicate with you about the Fabrica Service and your use of the Fabrica Service, to support use of the Fabrica Service, to send marketing materials for research purposes, and to generally improve the content and functionality of the Fabrica Service.
We may also combine your Personal Information with third-party analytics information to build a broader profile of our individual users so that we can serve you better and provide custom, personalized content and information. Additionally, we may use the Personal Information we collect for identification and authentication and fraud prevention, to analyze Site usage and improve the Fabrica Service, for internal market research, troubleshooting problems, to enforce our Terms of Service, and as otherwise set forth in this Policy.
Note that we will never email you to ask for your account information. If you ever receive such an email, please forward it to email@example.com.
We use financial information solely as authorized by you in accordance with the Fabrica Service. While Fabrica Technologies does not store your credit card information and will use commercially reasonable efforts to ensure the security of all credit card and all other Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein, and you agree to hold Fabrica Technologies harmless for any damages that may result therefrom.
Information we may receive from and share with third parties
We may now or in the future receive Personal Information about you from third parties. For example, if you access the Fabrica Service through a third-party connection or log-in or connect an application to Fabrica Technologies, that third party you connected with may pass certain information about your use of its service to Fabrica Technologies. This information could include, but is not limited to, the user ID associated with your account, an access token necessary to access that service, any information that you have permitted the third party to share with us, and any information you have made public in connection with that third-party service. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to the Fabrica Service.
Fabrica Technologies may also share Personal Information with its third-party service providers (such as its credit card processors and hosting partners) to provide the necessary hardware, software, networking, storage, and other service we use to operate the Fabrica Service and maintain a high-quality user experience. We do not permit the Fabrica Service providers to use the Personal Information we share for their marketing purposes.
To facilitate the exchange of data between third-party SaaS applications, we may need to store certain information (“App Credentials”) that helps us access these third-party SaaS application accounts on your behalf. We store your App Credentials in an encrypted form.
When we access these third-party applications on your behalf, the third-party application provides us with access to certain data. We will use, store, and disclose this data in accordance with this Policy.
You should note that Fabrica Technologies shall have no liability or responsibility for the privacy practices or other actions of any third-party applications for which you provide us with App Credentials.
Other information sharing
We may be required to disclose Personal Information to respond to subpoenas, court orders, and law enforcement or governmental requests or investigations, or to establish or exercise our legal rights or defend against legal claims. We may also share Personal Information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or our Terms of Service, or as otherwise required by law.
We use or may use information collected by cookies, log files, device identifiers, and clear GIFs information to:
(a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site
(b) provide custom, personalized content and information
(c) to provide and monitor the effectiveness of the Fabrica Service
(d) monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns
(e) diagnose or fix technology problems, and
(f) help you efficiently access your information after you sign in
(g) to provide advertising to your browser or device.
We may share Personal Information with any member of the Fabrica Technologies team, which includes any entity that controls, is controlled by, or under common control with Fabrica Technologies.
Now or in the future, Fabrica Technologies may offer publicly accessible blogs and/or community forums. If you elect to post something in a public area of the Fabrica Service, any Personal Information or content that you voluntarily disclose for posting to the Fabrica Service, becomes available to the public, as controlled by any applicable privacy settings. If you remove information that you posted to the Fabrica Service, copies may remain viewable in cached and archived pages of the Fabrica Service, or if other users have copied or saved that information.
To request removal of your Personal Information from our blog or community forum, contact us at firstname.lastname@example.org. In some cases, we may not be able to remove all your Personal Information.
Protection of information
Fabrica Technologies is committed to ensuring the security of your Personal Information. We use commercially reasonable technological, physical, and administrative security safeguards, such as firewalls and carefully developed security features, to protect the confidentiality and security of your Personal Information within the Fabrica Service. When you enter confidential information (such as login credentials or information submitted from within the Fabrica Service) we encrypt the transmission of that information using secure socket layer technology (SSL). These technologies, procedures, and other measures are used in an effort to ensure that your data is safe, secure, and only available to you and to those you authorized to access your data. However, no internet, email, or other electronic transmission is ever fully secure or error-free, so you should take care in deciding what information you send to us in this way. Fabrica Labs is not responsible for the functionality or security measures of any third party.
Hosting and data transfer
We are based in the United States, but, unless we expressly agree otherwise (including through our Terms), we may host, transfer, and process data, including Personal Information, in the United States and in other countries through Fabrica Technologies and third parties that we use to operate and manage the Fabrica Service. These countries may have data protection laws that are different from those of your country of residence.
Fabrica Technologies will retain Personal Information we process on behalf of our customers or collect directly from our customers for as long as needed to provide Service to our customers, subject to our compliance with this Policy, or as required or permitted under the applicable law. We may further retain and use this Personal Information as necessary to comply with our legal obligations; maintain accurate accounting, financial, and other operational records; resolve disputes; and enforce our agreements.
Children's Personal Information
Fabrica Technologies does not knowingly collect any Personal Information from children under the age of 13. If you are under the age of 13, please do not submit any Personal Information through the Fabrica Service. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Policy by instructing their children never to provide Personal Information on the Fabrica Service without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Information to Fabrica Technologies through the Fabrica Service, please contact us, and we will use commercially reasonable efforts to delete that information from our databases.
Your California privacy rights
Under California Civil Code Sections 1798.83–1798.84, California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties.
If you are a California resident and would like a copy of this notice, please submit a written request to:
570 El Camino Real #150-381
Redwood City, CA 94063-1262
We may, in our sole discretion, modify or update this Policy from time to time. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of the Fabrica Service constitutes your acceptance to such changes to this Policy. If you do not accept the terms of this Policy, you should immediately discontinue use of the Fabrica Service.