Terms of Service

Last Updated: December 21, 2024

Welcome to Gatherly. These Terms of Service ("Terms") govern your access to and use of Gatherly's client intake and document collection platform. Please read these Terms carefully before using our services.

1. Acceptance of Terms

By accessing or using Gatherly, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services. If you are using our services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Gatherly provides a cloud-based platform for client intake and document collection. Our services include:

  • Client intake form creation and management through customizable templates
  • Secure document upload and storage
  • Electronic signature collection
  • Client communication tools via Secure Links
  • Team collaboration features
  • Analytics and reporting

3. User Accounts

Account Creation

To use our services, you must create an account. You agree to provide accurate, complete, and current information and to update this information as necessary.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized access.

Account Types

Gatherly offers different subscription tiers with varying features and limits. Details of each plan are available on our pricing page.

4. Acceptable Use

You agree not to use our services to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Upload malicious code, viruses, or harmful content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt our services
  • Use our services for any illegal, fraudulent, or deceptive purposes
  • Resell or redistribute our services without authorization
  • Collect or harvest user data without consent

5. Intellectual Property

Our Property

Gatherly and its licensors own all rights, title, and interest in and to the services, including all intellectual property rights. You may not copy, modify, distribute, sell, or lease any part of our services.

Feedback

If you provide feedback or suggestions about our services, you grant us the right to use such feedback without restriction or compensation to you.

6. User Content

Your Content

You retain ownership of all content you upload to Gatherly ("User Content"). By uploading User Content, you grant us a limited license to store, process, and display your content as necessary to provide our services.

Content Responsibility

You are solely responsible for your User Content. You represent that you have all necessary rights to upload such content and that it does not violate any laws or third-party rights.

Client Data

You are responsible for obtaining appropriate consent from your clients before collecting and storing their information on our platform.

7. Payment Terms

Paid subscriptions are billed in advance on a monthly or annual basis. By subscribing, you authorize us to charge your payment method for the applicable fees.

  • All fees are non-refundable except as required by law or as explicitly stated
  • We may change our pricing with 30 days' notice before your next billing cycle
  • Failure to pay may result in suspension or termination of your account
  • You are responsible for all applicable taxes

8. Third-Party Services

Our services may integrate with or contain links to third-party services. We are not responsible for the content, policies, or practices of any third-party services. Your use of third-party services is at your own risk and subject to their terms and conditions.

9. Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GATHERLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Gatherly and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to your use of our services, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may terminate or suspend your access to our services at any time, with or without cause, with or without notice. Upon termination:

  • Your right to use the services will immediately cease
  • You may request a copy of your data within 30 days of termination
  • We may delete your data after a reasonable retention period
  • Sections that by their nature should survive termination will survive

13. Governing Law and Disputes

These Terms shall be governed by the laws of England and Wales, without regard to its conflict of laws principles. Any disputes arising from these Terms or your use of our services shall be resolved through the courts of England and Wales. For users in the European Union, this choice of law does not deprive you of the protection of mandatory provisions of consumer protection laws in your country of residence.

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by sending you an email. Your continued use of our services after changes become effective constitutes acceptance of the revised Terms.

15. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and Gatherly regarding the services
  • Severability: If any provision is found unenforceable, the remaining provisions will remain in effect
  • Waiver: Our failure to enforce any provision does not waive our right to enforce it later
  • Assignment: You may not assign these Terms without our consent; we may assign them freely

16. Contact Us

If you have questions about these Terms, please contact us at:

Gatherly
Email: support@gatherly.shop