Terms of Service

Welcome to Filament! These Terms of Service ("Terms") govern your access to and use of Filament's services, including our website, applications, and other products and services (collectively, the "Services"). Please read these Terms carefully.

Introduction

The Agreement

When you use our Services you agree to all of these Terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information.

By creating a Filament account or accessing or using our Services, you are agreeing to enter into a legally binding contract with Vimeiro Inc. DBA Filament ("Filament," "we," or "us"). If you do not agree to these Terms, do not create an account or access or use our Services.

Who May Use the Services

You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Changes to These Terms

We may modify these Terms from time to time. If we make material changes to these Terms, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated Terms.

Your Rights and Responsibilities

Your Account

You agree to:

  1. Provide accurate information when you create your account

  2. Maintain the security of your account

  3. Not share your account credentials with others

  4. Promptly notify us if you discover or suspect any security breaches related to your account

  5. Have only one account, which must be in your real name

You are responsible for anything that happens through your account unless you close it or report misuse.

Your Content

You retain ownership of any intellectual property rights that you hold in content you submit to the Services. When you submit content to the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed.

You represent and warrant that:

  1. You own or have the necessary rights to share your content

  2. Your content does not violate any intellectual property rights or privacy rights

  3. Your content is truthful and accurate

  4. Your content complies with these Terms and all applicable laws

Third-Party Services and Data

The Services may display professional profile information obtained through Proxycurl or other third-party services. This information is provided "as is" and we make no warranties about its accuracy or completeness. You acknowledge that such third-party data is governed by separate terms of service and privacy policies.

Acceptable Use

You agree not to:

  1. Violate any applicable laws or regulations

  2. Impersonate others or provide inaccurate information

  3. Create multiple accounts or accounts on behalf of others

  4. Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users

  5. Attempt to circumvent any security or access restrictions

  6. Use the Services for any illegal or unauthorized purpose

  7. Scrape or attempt to scrape the Services

  8. Reverse engineer the Services or attempt to extract our source code

Our Rights and Responsibilities

Service Availability and Changes

We may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any features, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

Intellectual Property Rights

The Services and all associated intellectual property rights are and will remain Filament's property or the property of our licensors. These Terms do not grant you any right, title, or interest in the Services, others' content in the Services, or Filament trademarks, logos, or other brand features.

Dispute Resolution

Informal Resolution

If you have any concerns or disputes with us, you agree to first try to resolve the dispute informally by contacting us at support@filament.dm. We'll work with you in good faith to resolve the issue.

Arbitration Agreement for U.S. Users

If we can't resolve a dispute informally, you and Filament agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except as set forth below. This arbitration agreement shall be governed by the Federal Arbitration Act.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in San Francisco, California, but may be conducted telephonically for claims involving less than $10,000.

Class Action Waiver

YOU AND FILAMENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Exceptions to Arbitration

The following disputes may be resolved in court rather than through arbitration:

  1. Disputes that may be brought in small claims court

  2. Disputes regarding intellectual property rights

  3. Disputes that must be adjudicated in court by law

Opt-Out Right

You may opt out of this arbitration agreement by emailing support@filament.dm within 30 days of first accepting these Terms.

Apple App Store Terms

If you download or use our mobile application on an iOS device:

  1. These Terms are between you and Filament only, not with Apple Inc. ("Apple"). Apple is not responsible for the Services or their content.

  2. The license granted to you for our mobile application is limited to a non-transferable license to use the application on an iOS device that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.

  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services.

  4. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the mobile application to you (if applicable). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services.

  5. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services.

  6. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILAMENT 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 RESULTING FROM:

  1. YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES

  2. ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES

  3. ANY CONTENT OBTAINED FROM THE SERVICES

  4. UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

Export Control

You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations ("EAR") and economic sanctions maintained by the U.S. Office of Foreign Assets Control ("OFAC"). You represent and warrant that you are not located in a country or region subject to U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country.

Termination

We may terminate or suspend your access to and use of the Services at our sole discretion, at any time and without notice to you. You may cancel your account at any time by contacting us. Upon any termination, discontinuation, or cancellation of the Services or your account, provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Contact Us

If you have any questions about these Terms or our Services, please contact us at support@filament.dm