Terms of Use

Please read these Terms carefully. By using or signing up for an account with the Liquidaty email analytics service ("LiquidatyBot"), you’re agreeing to these Terms. This is a legal agreement. LiquidatyBot (or the "Service") is an email service offered through the our email address analyze@liquidaty.com (the "AnalysisInbox") that can receive an email you send with attached loan data (each, and "Email") and send back various reports of analyses performed on that data. LiquidatyBot is owned and operated by Guarnerix Inc d/b/a Liquidaty, a Delaware corporation ("Liquidaty," "we," or "us") that has employees, independent contractors, and representatives ("our Team"). As a user or customer of the Service or a representative of an entity that’s a user or customer of the Service, you’re a "Member" according to this agreement ("Agreement").

These Terms of Use ("Terms") define the terms and conditions under which you’re allowed to use LiquidatyBot while you’re a Member. If you have any questions, please contact us at info@liquidaty.com

Eligibility

In order to use LiquidatyBot, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. agree to the Terms; and
  3. provide true, complete, and up to date contact information.

By using LiquidatyBot, you represent and warrant that you meet all the requirements listed above, and that you won’t use LiquidatyBot in a way that violates any laws or regulations. Liquidaty may refuse service, close accounts of any users, and change eligibility requirements at any time.

Term

The Term begins when you sign up for or first use LiquidatyBot (whichever comes first) and continues as long as you use the Service. Sending an email to the Service means that you’ve officially "signed" the Terms. If you use LiquidatyBot on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

Closing Your Account

You or Liquidaty may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, and you have prepaid us for the Service, we’ll refund a prorated portion of your prepayment. We won’t refund or reimburse you if there’s cause, such as a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your emails from our AnalysisInbox. If you don’t use your account for more than 3 months, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.

Changes

We may change any of the Terms by posting revised Terms of Use on our website (www.liquidaty.com, the "Website") and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of LiquidatyBot. We may change the AnalysisInbox, the Service, or any features of the Service at any time.

Account and Password

If we have provided you with an account name, password and/or API key, you are responsible for keeping this information confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked accountinformation. We will not have access to any password associated with your account, and for security reasons, we may only reset your password.

Account Disputes

We are not responsible for resolving or arbitrating disputes related to account ownership. You won't request (and we will not provide) access to or information about an account that’s not yours. We decide who owns an account based on the email address used to interact with the Service.

Monthly Plans

Our charges for monthly plans may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the "Pay Date"). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level. We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

Our Proprietary Rights

You will respect our proprietary rights in the AnalysisInbox and the software used to provide LiquidatyBot (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets to the extent they are already incorporated in any outputs sent to you by the Service.

Your Proprietary Rights

You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms.

Right to Review

We may view, copy, and internally distribute content from your Emails and account to create algorithms and programs that help us spot problem accounts and improve the quality of our Services, and we may use these programs to identify Members who violate these Terms or laws.

No Implied Right to Distribute LiquidatyBot Reports

Unless expressly stated in the Plan for your account, all reports, analytics, or other information you receive back from LiquidatyBot are provided for internal use only, and You are not authorized to distribute them to any third party.

General Rules

You agree to follow these rules:

  1. You won’t violate this Agreement or any policies or other terms incorporated herein.
  2. You will only send data to the Service for a bona fide purpose related to the business in which your firm is engaged. You will not attempt to reverse-engineer or disrupt the Service or otherwise use the Service for any reason other than to analyze loan data.
  3. You won't send any data to the LiquidatyBot that would constitute personal information (“Personal Information”) or other information protected by privacy regulations (the “Privacy Regulations”), which include the Federal “Privacy of Consumer Financial Information” Regulation (12 CFR Part 40) and Interagency Guidelines Establishing Information Security Standards (App B to 12 CFR Part 30), as amended from time to time, issued pursuant to the Gramm-Leach-Bliley Act of 1999 (15 U.S.C. §6801, et seq.), the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. §1320d), The Data Protection Act 1998 and Directives 95/46/EC, 2009/136/EC and 2002/58/EC of the European Parliament and of the Council, as amended from time to time, and applicable implementing legislation

Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately at info@liquidaty.com.

Compliance with Laws

You represent and warrant that your use of LiquidatyBot will comply with all applicable laws and regulations. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission ActFair Credit Reporting ActEqual Credit Opportunity Act, or other laws that apply to commerce.

You represent and warrant that you are not located in the European Economic Area (EEA) or and will not send emails to the Service from the EEA, or send any information received from the Service to any person or entity located in the EEA. If you cannot make this representation, you are not authorized to use LiquidatyBot. If you cannot make this representation and would like to use LiquidatyBot, please contact us at info@liquidaty.com

Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the AnalysisInbox, the LiquidatyBot and/or the Services, including any information sent to or received from LiquidatyBot. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

No Warranties

To the maximum extent permitted by law, we provide the Service and any related materials as is. We do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. We cannot guarantee that LiquidatyBot will meet your specific needs.

Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

Equitable Relief

If you violate these Terms then we may seek injunctive relief or other equitable relief.

Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

Disclaimers

We and our Team aren’t responsible for the behavior of any providers of APIs used in any of our Services or other Members.

Assignments

You may not assign any of your rights under this Agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

Choice of Law

The State of New York’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms or the Service itself will be decided by the state and federal courts in New York County, New York, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.

Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service or any obligation under these Terms, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

Survivability

The following sections will continue to apply after termination or expiration of this Agreement: Our Proprietary Rights, Your Proprietary Rights, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

Severability

If any provision of this Agreement is deemed to be enforceable, such provision shall be deemed null and void only the extent of such unenforceability, and shall be deemed separate from, and shall not invalidate, any other provision of this Agreement, and the rest of the Terms will still be valid and enforceable.

Headings

The section and/or paragraph headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement

Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Liquidaty website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

No Changes in Terms at Request of Member

We cannot change these Terms for any one Member or group.

Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

Notification of Security Breach

In the event of a security breach that may affect you, we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone whose email addresses you may have included in submissions to the LiquidatyBot, you’ll promptly do so.

Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or used to send data to the LiquidatyBot. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Liquidaty, 302 W. 56th B/W, New York, NY 10019, or any addresses as we may later post on the Website.

Entire Agreement

These Terms and any additional terms you've agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings. Any additional terms will be considered incorporated into these Terms when you agree to them. Where there’s a conflict between these Terms and any additional terms, the additional terms will control.