Terms of Service
Please be advised that we have updated our general terms and conditions effective February 7, 2021. Our new general terms and conditions may be found here and will affect new accounts, new subscriptions, subscription renewals beginning on February 7, 2021, and all free and trial users who continue to use Pype’s Offerings on or after February 7, 2021.
For subscriptions or renewals purchased prior to February 7, 2020, the following legacy terms will apply:
Terms of Service
Thank you for your interest in Pype Inc. This website, www.pype.io, and the services offered on and through the site (collectively, the “Site”), are offered by Pype Inc (“COMPANY”). Please read these Terms of Service (“Terms”) carefully. They set forth legally binding terms that govern and restrict your use of the Site. YOUR AFFIRMATIVE ACT OF USING AND/OR REGISTERING WITH THE SITE SIGNIFIES THAT YOU AGREE TO THE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE AND/OR REGISTER WITH THE SITE.
1. Changes to the Terms
We may change these Terms from time to time. By continuing to use the Site after we post any such changes, you accept these Terms as modified. We may change, restrict access to, suspend, or discontinue the Site, or any portion of the Site, at any time.
COMPANY is a platform for users to generate submittal registers by uploading project specifications on our online portal. Any transaction that occurs on the Site is a transaction between you and a project owner or developer. COMPANY isn’t liable for any damages or losses related to your use of the Site. We don’t become involved in disputes between users, or between users and any third party relating to the use of the Site. We don’t oversee the performance of projects, and we don’t endorse any content users submit to the Site. When you use the Site, you release COMPANY from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Site. All content you access through the Site is at your own risk. You are solely responsible for any resulting damage or loss to any party.
By using the Site, you acknowledge that the Site is provided to you on an AS IS and AS AVAILABLE basis. The material that appears on the Site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you’ve found on the Site, you should confirm any facts that are important to your decision. COMPANY makes not warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Site.
4. Age Restriction
You must be at least 18 years of age to use the Site. If you are under the age of 18, please do not use the Site. COMPANY reserves the right to terminate any account and/or otherwise delete any information related to the user if we discover that the user is under the age of 18.
You retain ownership of any content that you post to the Site. However, by using the Site, you grant COMPANY a non-exclusive, royalty-free, transferable, worldwide license to use the content that you post to the Site solely to provide the services.
By using the Site, you warrant and represent that you own or otherwise have all of the rights to the content you post to the Site and that you have the right to grant the license set forth above; and that the content you post does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy. You also warrant that all moral rights in any material that you submit to us or post have been waived. Please understand that posting content that is copyrighted by another individual, or otherwise subject to the rights of another individual, will make you responsible for any legal action the legal rights holder might take against you or in relation to the content. COMPANY will not be liable for any loss or damage arising from your posting or submission of any unauthorized content to the Site.
7. No Endorsement
COMPANY encourages an open exchange of information and ideas through the Site, but we cannot and do not review every posting made on the Site, including on profile pages, in forums, comment areas, or other public posting areas. These areas may include content, information, and opinions from a variety of individuals and organizations other than COMPANY. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, a developer, from an “expert” guest, or from a member of our staff. Responsibility for what is posted on the Site lies with each user – you alone are responsible for material you post. COMPANY does not control the messages, information or other content that you or others may provide through the Site.
8. Communications from COMPANY
By using the Site, you consent to receiving electronic communications from COMPANY relating to your account. These communications may involve sending emails to the email address you provide to us during registration, including notices about your account, your use of the Site, or transactional information. These communications are part of your relationship with COMPANY. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new features and content on COMPANY, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, you may opt-out of these communications by clicking “unsubscribe” at the end of the email.
9. Use of the Site
You may use the Site for lawful purposes only. By using the Site, you agree not to submit, post, or transmit any material or otherwise engage in any conduct that:
- Is false, misleading, or deceptive. COMPANY reserves the right to terminate accounts that contain, or that we reasonably believe to contain, information or content that violates this provision.
- Violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy or other proprietary rights;
- Allows you to gain unauthorized access to the Site, or any account, computer system, or network connected to the Site, by means such as hacking, password mining or other illicit means;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, gender identity, race, ethnicity, age, or disability;
- Collects for marketing purposes any email addresses or other personal information that has been posted by other users of the Site;
- Impersonates any person, business or entity, including COMPANY and its employees and agents, or falsely states or otherwise misrepresents your affiliation with any person, business or entity, including COMPANY;
- Contains an unauthorized advertisement or solicitation that is “spammy” (in our sole discretion), or that otherwise detracts from the character or purpose of the Site;
- Contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- Encourages conduct that would constitute a criminal offense or that gives rise to civil liability or that otherwise encourages others to commit illegal activities or cause injury or property damage to any other person;
- Results in the posting or transmission of any message anonymously or under a false name;
- Permits any person to access, using your account, any features of the Site that may require registration; or
- Violates the Terms, any other policy posted on the Site, or otherwise interferes with the use of the Site by others (in our sole discretion).
Although COMPANY cannot monitor all content on the Site, particularly user generated content, you understand that COMPANY shall have the right, but not the obligation, to monitor, edit, move, delete, or refuse to post, any content in order to determine and/or ensure compliance with these Terms and any other operating rules that may be established by COMPANY from time to time.
You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms) content and information contained on or obtained from or through the Site without express written permission from COMPANY and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Site; use any robot, spider, scraper or other automated means to access the Site; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site; insert any code or product or manipulate the content of the Site in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the COMPANY or the Site, including any software viruses or any other computer code, files or programs.
We may terminate or restrict your use of the Site, without notice, compensation, or liability, if you are, or we suspect that you are in violation of these Terms or otherwise engaged in illegal or improper use of the Site.
11. Disclaimer of Warranties and Limitations of Liability
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SITE OR ANY MATERIAL AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE SITE, COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SITE, NOR DO THEY GUARANTEE THAT THE SITE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES WILL THE SITE, COMPANY, OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE SITE, COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE SITE, COMPANY, AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE WILL NOT EXCEED THE AMOUNT, IF ANY, YOU PAID TO COMPANY, FOR THE USE OF THE SITE.
12. Copyright Policy
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to COMPANY’s Designated Copyright Agent.
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice to our users by means of a general notice on any of our websites, electronic mail to a user’s e-mail address in our records, or written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
13. Dispute Resolution and Class Action Waiver
In the event of any controversy, claim or dispute (“dispute”) related to or arising out of your use of the Site, other than disputes related to or involving COMPANY’s intellectual property, you and COMPANY mutually agree to the following dispute resolution procedure:
- The parties will first attempt in good faith to resolve any dispute by informal negotiation. The informal negotiation period will begin when the party asserting the dispute sends a written notice to the other party describing the facts and circumstances of the dispute. If, after sixty (60) days from the date the notice of dispute is sent, the parties have been unable to resolve the dispute, either party may commence binding arbitration. The parties may agree to extend the informal dispute resolution period by mutual written agreement.
- If the parties are unable to resolve the dispute through informal negotiation, you and COMPANY agree that exclusive jurisdiction for the dispute shall be binding arbitration before one arbitrator to be mutually agreed upon by both parties. If the parties cannot agree on the selection of an Arbitrator, they shall each select one Arbitrator from the list of qualified JAMS arbitrators and those two Arbitrators shall select the person who shall serve as the Arbitrator for such dispute. Arbitration shall be initiated in the Virginia, unless the parties mutually agree to an alternative location. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on any potential award may be entered in any court having jurisdiction. BY USING THE SITE, YOU ARE HEREBY GIVING UP YOUR RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Unless the arbitrator concludes that the arbitration was frivolous or brought for an improper purpose, COMPANY will pay all filing, JAMS, and arbitrator’s fees and expenses.
- ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. Neither party shall have the right to have a dispute heard as a class action and no arbitration or proceeding can be combined with another without the prior written consent of all parties to the proceeding.
14. Choice of Law
These Terms have been made in and shall be construed in accordance with the laws of the Virginia without giving effect to any conflict of law principles.
The parties acknowledge that this policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
15. Choice of Forum
By using the Site, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Virginia.
You agree to indemnify, defend and hold harmless COMPANY, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys’ fees) resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
In the event that all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Site.
In the event that any portion of these Terms is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these Terms, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Terms.
Effective Date: April 11, 2018