TERMS OF SERVICE
Last Updated: 6/6/2025
1. Agreement Overview
This Terms of Service ("Agreement") is a legal contract between you ("User," "you", or "your") and Edington Ltd ("Hidden Gems," "we", or "us"). It governs your use of:
- Our website (insert URL);
- All related servers, software, and services;
- Any features or content offered through our consumer insights platform (collectively, "Services").
By accessing or using the Services, you agree to comply with this Agreement, our Privacy Policy, and any additional terms referenced herein. If you disagree, discontinue use immediately.
2. Account Management
2.1 Registration
- You must create an account ("Account") to use the Services.
- Provide accurate, current, and complete information.
- One Account per user—sharing or misuse is prohibited.
2.2 Communications
By signing up, you consent to receive transactional emails (e.g., password resets) and promotional messages (opt-out anytime via email footer).
2.3 Security
- You're solely responsible for Account activity.
- Use strong passwords and notify us immediately of unauthorized access.
- To delete your Account, email support@thecoolsoftwarecompany.com.
2.4 Technical Requirements
You must provide your own internet access and compatible devices/software.
3. Data & Privacy
3.1 Personal Information
Our Privacy Policy details how we collect, use, and protect your data. By using the Services, you consent to these practices.
3.2 Your Data
- You retain ownership of data you submit ("Your Data").
- You grant us a global, royalty-free license to use, modify, and display Your Data to provide the Services.
- You warrant you have all necessary rights to share Your Data.
3.3 Statistical Insights
We may aggregate and anonymize data to generate trends ("Statistical Information"), which we own and may use for business purposes.
4. License & Restrictions
4.1 Limited License
We grant you a non-exclusive, non-transferable, revocable license to use the Services per this Agreement.
4.2 Prohibited Uses
You agree not to:
- Resell, reverse-engineer, or misuse the Services.
- Upload harmful/violent/illegal content.
- Bypass security measures or scrape data.
- Violate third-party rights (e.g., copyrights).
Violations may result in Account termination.
5. Intellectual Property
- All content, logos, and software are owned by Hidden Gems or licensors.
- No use of our trademarks without written permission.
- Submit feedback? You grant us an irrevocable, royalty-free license to use it.
6. Third-Party Services
The Services may integrate with or link to third-party tools. We:
- Don't control their content or practices.
- Aren't liable for any third-party issues.
- Recommend reviewing their terms separately.
7. Payments & Subscriptions
7.1 Fees
- Subscription fees are billed monthly/yearly (as selected).
- Payment processors (e.g., Stripe) handle transactions—we don't store card details.
7.2 Cancellations
- Cancel anytime via your Account dashboard.
- No refunds for partial billing periods.
7.3 Disputes
- Contact us before disputing charges.
- Unresolved disputes may result in Account suspension.
8. Term & Termination
- This Agreement begins at first use and continues until terminated.
- We may suspend or terminate Accounts for breaches or inactivity.
- Upon termination:
- Your access to the Services ends.
- Data may be deleted (back up Your Data proactively).
9. Confidentiality
- Both parties agree to protect confidential information.
- Exclusions: Publicly available data or independently developed materials.
10. Disclaimers & Limitation of Liability
10.1 No Warranties
The Services are provided "as is." We disclaim all warranties (express/implied), including:
- Fitness for a particular purpose.
- Non-infringement.
- Uninterrupted or error-free operation.
10.2 Liability Cap
- Our total liability is capped at $100 or fees paid in the last 6 months (whichever is greater).
- Excluded: Damages from gross negligence, fraud, or illegal acts.
11. Indemnification
You agree to defend and compensate us for losses arising from:
- Your breach of this Agreement.
- Your misuse of the Services.
- Violations of third-party rights.
12. Dispute Resolution
12.1 Arbitration
- Disputes are resolved via binding arbitration (LCIA Rules for UK disputes).
- No class actions permitted.
12.2 Exceptions
- Small claims court or injunctive relief for IP violations.
12.3 Governing Law
English law applies, with disputes resolved in the courts of England and Wales.
13. General Terms
- Updates: We may modify this Agreement; continued use = acceptance.
- Assignment: You can't transfer rights; we may.
- Severability: If any clause is invalid, the rest remains enforceable.
14. Contact Us
For questions or disputes:
Edington Ltd (operating as Hidden Gems)
Registered in England and Wales