Terms & Conditions
Terms of Service
These Terms of Service (“Terms”) govern your access to and use of our application that we call Paven. The services to you for our our Paven Application (“Services”) are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Round Feather’s Privacy Policy), and procedures that may be published from time to time by Round Feather (collectively, the “Agreement”). If your fees are paid by your employer, then our Services are also subject to our agreement with your employer. You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using our Paven Application, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.
These Terms were last updated on September 15, 2020.
Who’s Who
Throughout these Terms, “you” applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Your Agreement is with Round Feather Inc., a Delaware corporation. We refer to Round Feather, Inc. as “Round Feather” or “we” throughout these Terms.
Your Account
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a Paven account, or a Round Feather account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.
Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (or 16 years or older in the European Union).
Responsibility of Visitors and Users
• We have not reviewed, and cannot review, all of the content posted to our Application by users or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:
• We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights (see our Copyright Infringement Policy section to submit copyright complaints), or other proprietary rights of third parties.
• If you post Content, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
• We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
• Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
• We also have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, U.S. Life, U.S. Financial, Financial Finesse, Deloitte, and other third party providers, including our other Services. For example:
• We do not have any control over those websites and are not responsible for their contents or their use.
• The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
• You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We disclaim any responsibility for any harm resulting from non-Round Feather websites.
Fees, Payment, and Renewal
Fees for Paid Services. The fees for our Paven application are paid in the form of a Subscription Fee to be determined by us (the “Paid Service”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee or recurring fees. For recurring fees, we’ll bill or charge you in regular automatically-renewing intervals (such as monthly, annually, or biennially), until you cancel, which you can do at any time by contacting the relevant support team.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees, or charges now in force or enacted in the future (“Taxes”). You are responsible for payment of all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we are obligated to pay or collect Taxes on the Fees you’ve paid or will pay, you are responsible for such Taxes, and we may collect payment for such Taxes.
Payment. If your payment fails or if Paid Services are otherwise not paid for or paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
Automatic Renewal. If your employer is paying your Subscription Fee, and you leave your employer and you wish to continue to access the Application, to ensure uninterrupted service, you will need to pay the subscription fee. The subscription fee for recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. We may charge your account up to one month before the end of the subscription period. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase and cannot be changed.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services through your Billing page on www.paven.app.
Fee Changes. We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
General Representation and Warranty
You represent and warrant that your use of our Services:
• Will be in strict accordance with these Terms;
• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
• Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of any third party;
• Will not overburden Round Feather’s systems, as determined by us in our sole discretion;
• Will not disclose sensitive personal information;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network; and
• Will not be used to create, distribute, or enable material that is — or that facilitates or operates in conjunction with — malware, spyware, adware, or other malicious programs or code.
Copyright Infringement
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Round Feather product or service violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Round Feather or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
Intellectual Property
The Agreement does not transfer from Round Feather to you any Round Feather or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Round Feather. Round Feather, the Paven logo, the Round Feather logo, and all other trademarks, service marks, graphics, and logos used in connection with the Paven Application, Round Feather.com or our Services, are trademarks or registered trademarks of Round Feather or Round Feather’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Round Feather or third party trademarks.
Restrictions on Use
You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble Round Feather software or create derivative works based thereon; (ii) install Round Feather software onto a server so that it is accessible via a public network; (iii) share or permit other individuals/entities to use Round Feather software, rent, lease or transfer Round Feather software or rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in Round Feather software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use Round Feather software, without derogating from any other remedies available to Round Feather at law or in equity.
Changes
We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Round Feather, or by the posting by Round Feather of a revised version. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination
We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, refuse or remove any content that, in our reasonable opinion, violates any Round Feather policy or is in any way harmful or objectionable, or terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.
If you wish to terminate the Agreement or your Round Feather account, you may simply discontinue using our Services, or, if you are using a paid service, you may cancel at any time, subject to the Fees, Payment, and Renewal section in these Terms.
In the event of termination or cancelation, you have the right to request that Round Feather, Inc transfer the data that we have collected to another organization, or directly to you, under certain conditions. Please see our Privacy Policy for more information regarding your data protection rights.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
Our Services are provided “as is.” Round Feather and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Round Feather, nor its suppliers licensors, or third party providers, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the State of California, U.S.A., excluding its conflict of laws provisions.
Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled by binding arbitration by one arbitrator conducted in San Diego, California, which shall be in accordance with the rules and procedures of JAMS (formerly Judicial Arbitration and Mediation Services) then in effect with respect to commercial disputes. The parties shall share the costs of the arbitration equally. The arbitrator shall be a retired state or federal court judge, and the two parties shall agree on an arbitrator within thirty days after one party notifies the other party in writing of a dispute, and if they are unable to agree, then each party shall choose one arbitrator and such two arbitrators shall choose a third arbitrator, which third arbitrator shall be the sole arbitrator of the dispute. The arbitration of such issues, including the determination of any amount of damages suffered by any party hereto suffered by reason of the acts or omissions of any party, shall be final and binding upon all parties. Notwithstanding the foregoing, the arbitrator shall not be authorized to award punitive damages with respect to any such claim or controversy, nor shall any party seek punitive damages relating to any matter under, arising out of, or relating to this Agreement in any other forum. Except as otherwise set forth in this Agreement, the costs of any arbitration hereunder including administrative fees and reasonable attorneys’ fees incurred by the party determined by the arbitrator to be prevailing party, shall be paid by the party determined by the arbitrator not to be the prevailing party, or otherwise allocating in an equitable manner as determined by the arbitrator. The parties shall instruct the arbitrator to render his/her decision no later than sixty (60) days after the conclusion of the arbitration.
Limitation of Liability
In no event will Round Feather, or its suppliers, licensors, or third party providers, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Round Feather under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Round Feather shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification
You agree to indemnify and hold harmless Round Feather, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to (i) your use of our Services, including your breach or violation of the Agreement, (ii) Content that you post, (iii) your use of or advice by any third party provider that you access through our Paven application or our other Services, and (iv) any commercial or e-commerce activities conducted through your or another user’s website.
US Economic Sanctions
You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.
Translation
These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.
Miscellaneous
The Agreement constitutes the entire agreement between Round Feather and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under the Agreement to any party. Round Feather may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.