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To read the latest LogMeIn Terms and Conditions, visit https://www.logmeininc.com/legal/terms-and-conditions
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A copy of those terms as of 2018-08-12 follows:
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****** Terms of Service for LogMeIn and GoTo Services ******
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This is a legal agreement between the person or organization (“Customer” or
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“you”) agreeing to these Terms of Service (“Terms”) and the applicable
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LogMeIn_Contracting_Entities (“LogMeIn,” “us,” or “we”). By
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accepting these Terms, signing an Order, or using the Services, you represent
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that you are of legal age and have the authority to bind the Customer to the
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Order, these Terms, and the applicable Service Descriptions (collectively the
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“Agreement”).
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1. ACCESS AND USE OF THE SERVICES.
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o 1.1.Right to Use Services. You agree to use the Services in
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accordance with the use levels by which we measure, price and offer
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our Services as posted on our websites, your Order, or the Service
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Descriptions (“Use Levels”). You may use our Services only as
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permitted in these Terms, and your use must comply with our Privacy
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Policy, and Anti-Spam_Policy, each of which are incorporated here.
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We grant you a limited right to use our Services only for business
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and professional purposes. Technical support for the Services is
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described in the Service Descriptions. If your affiliates use our
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Services, you warrant that you have the authority to bind those
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affiliates and you will be liable if your affiliates do not comply
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with the Agreement. “Services” means our software-as-a-service
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offerings and audio services (which are offered by LogMeIn Audio,
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LLC or Grasshopper Group LLC, the telecommunications providers
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responsible for the rates and terms relating to the respective
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audio services). “Service_Descriptions” includes an overview of
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the Services, and may include service-specific additional terms.
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The Service Descriptions are incorporated into these Terms. The
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Services, software and websites are provided via equipment and
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resources located in the United States and other locations
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throughout the world and you consent to having personal data
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processed by us in the United States and other locations throughout
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the world.
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o 1.2.Limitations on Use. By using our Services, you agree on behalf
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of yourself, your users and your attendees, not to (i) modify,
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prepare derivative works of, or reverse engineer, our Services;
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(ii) knowingly or negligently use our Services in a way that abuses
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or disrupts our networks, user accounts, or the Services; (iii)
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transmit through the Services any harassing, fraudulent or unlawful
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material; (iv) market, or resell the Services to any third party;
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(v) use the Services in violation of our policies, applicable laws,
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or regulations; (vi)use the Services to send unauthorized
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advertising, or spam; (vii) harvest, collect, or gather user data
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without their consent; or (viii)transmit through the Services any
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material that may infringe the intellectual property or other
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rights of third parties.
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o 1.3. Changes to Services. We reserve the right to enhance or modify
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features of our Services but will not materially reduce the core
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functionality or discontinue any Services unless we provide you
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with prior written notice. We may offer additional functionality to
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our standard Services or premium feature improvements for an
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additional cost.
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o 1.4. Proprietary Rights and LogMeIn Marks. You acknowledge that we
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or our licensors retain all proprietary right, title and interest
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in the Services, our name, logo or other marks (together, the
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“LogMeIn Marks”), and any related intellectual property rights,
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including, without limitation, all modifications, enhancements,
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derivative works, and upgrades thereto. You agree that you will not
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use or register any trademark, service mark, business name, domain
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name or social media account name or handle which incorporates in
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whole or in part the LogMeIn Marks or is similar to any of these.
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You agree to comply with our Trademark_&_Copyright_Guidelines,
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which are incorporated into this Agreement by reference.
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2. ORDERS, FEES AND PAYMENT.
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o 2.1.Orders. You may order Services using our then-current ordering
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processes (“Order”). All Orders are effective on the earlier of
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(i) the date you submit your Order, (ii) the date you convert from
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a services trial, or (iii)the date on the signature block of the
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Order (“Effective Date”). Acceptance of your Order may be
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subject to our verification and credit approval process. Each Order
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shall be treated as a separate and independent Order. A Purchase
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Order is required for non-credit card transactions over 10,000 USD,
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or equivalent, unless Customer does not require a Purchase Order as
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part of its purchasing process.
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o 2.2.Fees and Payment. You agree to pay all applicable, undisputed
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fees for the Services as set forth on the invoice. Except as set
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forth in Section 3. 3below, any and all payments you make to us for
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access to the Services are final and non-refundable. You are
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responsible for all fees and charges imposed by your voice and data
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transmission providers related to your access and use of the
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Services. You are responsible for providing accurate and current
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billing, contact and payment information to us or any reseller. You
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agree that we may take steps to verify whether your payment method
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is valid, charge your payment card or bill you for all amounts due
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for your use of the Services, and automatically update your payment
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card information using software designed to do so in the event your
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payment card on file is no longer valid. You agree that your credit
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card information and related personal data may be provided to third
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parties for payment processing and fraud prevention purposes. We
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may suspend or terminate your Services if at any time we determine
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that your payment information is inaccurate or not current, and you
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are responsible for fees and overdraft charges that we may incur
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when we charge your card for payment. We will not agree to submit
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invoices via any customer procure-to-pay online portal or
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Electronic Data Interchange (EDI) portals. We reserve the right to
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update the price for Services at any time after your Initial Term,
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and price changes will be effective as of your next billing cycle.
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We will notify you of any price changes by publishing on our
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website, emailing, quoting or invoicing you.
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o 2.3. Sales, Promotional Offers, Coupons and Pricing. Sales,
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promotions and other special discounted pricing offers are
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temporary and, upon the renewal of your subscription, any such
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discounted pricing offers may expire. We reserve the right to
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discontinue or modify any coupons, credits, sales and special
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promotional offers in our sole discretion.
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o 2.4. Disputes; Delinquent Accounts. You must notify us of any fee
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dispute within 15 days of the invoice date, and once resolved, you
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agree to pay those fees within 15 days. We may also suspend or
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terminate your Services if you do not pay undisputed fees, and you
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agree to reimburse us for all reasonable costs and expenses
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incurred in collecting delinquent amounts.
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o 2.5. Taxes and Withholding. You are responsible for all applicable
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sales, services, value-added, goods and services, withholding,
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tariffs, Universal Services Fund (USF) fees (if applicable to the
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Audio Services only) and similar taxes (collectively, “Taxes”)
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imposed by any government entity or collecting agency based on the
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Services, except those Taxes based on our net income, or Taxes for
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which you have provided an exemption certificate. We reserve the
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right to gross up the price for Services in any invoice, or require
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you to gross up your payment, if your withholding obligations
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prevent us from receiving the amount specified in the Order.
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Additionally, if you do not satisfy your Tax obligations, you agree
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that you will be required to reimburse us for any Taxes paid on
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your behalf, and we may take steps to collect Taxes we have paid on
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your behalf. In all cases, you will pay the amounts due under this
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Agreement to us in full without any right of set-off or deduction.
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3. TERM AND TERMINATION.
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o 3.1. Term. Your initial term commitment for any Order (“Initial
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Term”) will be specified in the Order, or if no term is
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specified, your Initial Term will be 12 months from the Effective
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Date of the Order and will automatically renew for additional 12
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month periods (“Renewal Terms”), unless either party provides
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notice of non-renewal of the Order 30 days before the current term
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expires. We may agree to align the invoicing under multiple Orders
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but this will not reduce the term of any Order. Terminating
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specific Services does not affect the term of any other Services
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still in effect. If we permit you to reinstate Services at any time
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after termination, you agree that you will be bound by the then-
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current Terms and the renewal date that was in effect as of the
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effective termination date.
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o 3.2. Termination for Cause.Either party may terminate the Agreement
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(i)if the other party breaches its material obligations and fails
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to cure within 30 days of receipt of written notice, or (ii) if the
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other party becomes insolvent or bankrupt, liquidated or is
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dissolved, or ceases substantially all of its business, and we may
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suspend access or terminate immediately if you breach
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Section 1.2, 4 or 5.
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o 3.3. Effect of Termination. If the Agreement or any Services are
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terminated, you will immediately discontinue all use of the
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terminated Services, except that upon request, we will provide you
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with limited access to the Services for a period not to exceed 30
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days, solely to enable you to retrieve your Content from the
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Services. We have no obligation to maintain your Content after that
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period. Neither party will be liable for any damages resulting from
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termination of the Agreement, and termination will not affect any
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claim arising prior to the effective termination date. If we
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discontinue Services in accordance with Section 1.3 above, the
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related Order will be terminated and we will provide you with a pro
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rata refund of any prepaid, unused fees. You agree to pay for any
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use of the Services past the date of expiration or termination.
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o 3.4. Survival. The provisions of Sections 2 (Orders, Fees and
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Payment), 3.3 (Effect of Termination), 4 (Your Content and
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Accounts), 7 (Indemnification), 8 (Limitation on Liability), 9.6
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(No Class Actions), and 9.11 (Notices) survive any termination of
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the Agreement.
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4. YOUR CONTENT AND ACCOUNTS.
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o 4.1.Your Content. You retain all rights to your Content and we do
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not own or license your Content. You grant us a non-exclusive,
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worldwide, royalty-free, license to use, modify, reproduce and
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distribute your Content, only as required to provide the Services
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to which you have subscribed, and you warrant that (i) you have the
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right to grant us the license, and (ii) none of your Content
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infringes on the rights of any third party. Each party agrees to
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apply reasonable technical, organizational and administrative
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security measures to keep Content protected in accordance with
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industry standards. We will not view, access or process any of your
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Content, except: (x) as directed or instructed by you or your
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users, or (y) as required to comply with our policies, applicable
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law, or governmental request. You agree to comply with all legal
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duties applicable to you as a data controller by virtue of the
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submission of your Content within the Services. If your Content is
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subject to EU data protection laws and is processed by us as a data
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processor acting on your behalf (in your capacity as data
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controller), we will use and process your Content in order to
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provide the Services and fulfill our obligations under the
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Agreement, and in accordance with your instructions as represented
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in this Agreement. Notwithstanding anything to the contrary, this
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Section 4.1 expresses the entirety of our obligations with respect
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to your Content. “Content”means any of your, or your users’
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or recipients’ files, documents, recordings, and other
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information that is uploaded to your Service account for storage,
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or used, presented or shared with third parties in connection with
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the Service.
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o 4.2.Your Accounts. You are solely responsible for (i) all use of
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the Services by you and your users, (ii) obtaining consent from
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your users to the collection, use, processing and transfer of
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Content, and (iii) providing notices or obtaining consent as
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legally required in connection with the Services. We do not send
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emails asking for your usernames or passwords, and to keep your
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accounts secure, you should keep all usernames and passwords
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confidential. We are not liable for any loss that you may incur if
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a third party uses your password or account. We may suspend the
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Services or terminate the Agreement if you, your users, or
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attendees are using the Services in a manner that is likely to
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cause harm to us. You agree to notify us immediately and terminate
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any unauthorized access to the Services or other security breach.
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5. COMPLIANCE WITH LAWS.In connection with the performance, access and use
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of the Services under the Agreement, each party agrees to comply with all
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applicable laws, rules and regulations including, but not limited to
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export, privacy, and data protection laws and regulations. If necessary
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and in accordance with applicable law, we will cooperate with local,
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state, federal and international government authorities with respect to
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the Services. Notwithstanding any other provision in these Terms, we may
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immediately terminate the Agreement for noncompliance with applicable
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laws.
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6. WARRANTIES. WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE
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DESCRIPTIONS UNDER NORMAL USE. WE DO NOT REPRESENT OR WARRANT THAT (i)
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THE USE OF OUR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR
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OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR
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DATA, (ii) OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR (iii) ALL ERRORS
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OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK.
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OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL
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BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE
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CONFORMING SERVICES, OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE
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APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF ANY PREPAID FEES FROM
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THE PERIOD OF NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO
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THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES
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AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
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INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY,
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SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-
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INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
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WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT
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APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS.
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7. INDEMNIFICATION. You will indemnify and defend us against any third party
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claim resulting from a breach of Section 1.2 or 4, or alleging that any
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of your Content infringes upon any patent or copyright, or violates trade
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secret or privacy rights of any party, and you agree to pay reasonable
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attorney’s fees, court costs, damages finally awarded, or reasonable
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settlement costs with respect to any such claim. We will promptly notify
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you of any claim and cooperate with the you in defending the claim. You
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will reimburse us for reasonable expenses incurred in providing any
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cooperation or assistance. You will have full control and authority over
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the defense and settlement of any claim, except that: (i) any settlement
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requiring us to admit liability requires prior written consent, not to be
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unreasonably withheld or delayed, and (ii) we may join in the defense
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with our own counsel at our own expense.
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8. LIMITATION ON LIABILITY.
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o 8.1.LIMITATION ON INDIRECT LIABILITY.NEITHER PARTY WILL BE LIABLE
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TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT,
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SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER
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DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO:
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(i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY,
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(iv) LOST PROFITS, (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES,
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HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT
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NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
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VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF
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THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
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LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
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CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
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APPLY.
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o 8.2.LIMITATION ON AMOUNT OF LIABILITY. EXCEPT FOR YOUR BREACH OF
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SECTIONS 1.2 OR 4 AND YOUR INDEMNIFICATION OBLIGATIONS, AND TO THE
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EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY
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OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS
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ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS
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PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY
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PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. THE FOREGOING
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DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND
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OTHER AMOUNTS DUE UNDER ANY ORDER.
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9. ADDITIONAL TERMS.
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o 9.1. European Union Customers. This Section 9.1 will apply only if
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you are located in the European Union. If you want to enter into EU
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standard contractual clauses with us as it relates to our
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processing of your information, you may request a Data Processing
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Addendum (“DPA”) DPA_Request_Form, and a pre-signed DPA will be
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transmitted to you for execution.
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o 9.2. Free Services andTrials. Your right to access and use any free
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Services is not guaranteed for any period of time and we reserve
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the right, in our sole discretion, to limit or terminate your use
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of any free or basic versions of any Services by any individual or
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entity. If you are using the Services on a trial or promotional
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basis (“Trial Period”), your Trial Period and access to the
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Services will terminate (i) at the end of the Trial Period stated
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in your Order, or (ii) if no date is specified, 30 days after your
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initial access to the Services, (iii) or upon your conversion to a
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subscription. Following expiration of the Trial Period, the
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Services may automatically continue unless you provide notice of
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cancellation to us, and you are responsible for payment of the
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applicable Fees set forth in the Order. During the Trial Period, to
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the extent permitted by law, we provide the Services “AS IS”
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and without warranty or indemnity, and all other terms otherwise
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apply. We may modify or discontinue any trials or promotions at any
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time without notice.
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o 9.3.Third Party Features. The Services may be linked to third party
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sites or applications (“Third Party Services”). We are not
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responsible for and do not endorse Third Party Services. You have
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sole discretion whether to purchase or connect to any Third Party
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Services and your use is governed solely by the terms for those
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Third Party Services.
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o 9.4.Beta Services. We may offer you access to beta services that
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are being provided prior to general release, but we do not make any
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guarantees that these services will be made generally available
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(“Beta Services”). You understand and agree that the Beta
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Services may contain bugs, errors and other defects, and use of the
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Beta Services is at your sole risk. We have no obligation to
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provide technical support and we may discontinue provision of Beta
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Services at any time in our sole discretion and without prior
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notice to you. These Beta Services are offered “AS-IS”, and to
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the extent permitted by applicable law, we disclaim any liability,
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warranties, indemnities, and conditions, whether express, implied,
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statutory or otherwise. If you are using Beta Services, you agree
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to receive related correspondence and updates from us, and
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acknowledge that opting out may result in cancellation of your
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access to the Beta Services. If you provide feedback
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(“Feedback”) about the Beta Service, you agree that we own any
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Feedback that you share with us. For the Beta Services only, these
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Terms supersede any conflicting terms and conditions in the
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Agreement, but only to the extent necessary to resolve conflict.
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o 9.5.Copyright. If you believe that our Services have been used in a
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way that constitutes copyright infringement, you should follow the
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process outlined here: https://www.logmeininc.com/legal/dmca.
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o 9.6. No Class Actions. You may only resolve disputes with us on an
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individual basis and you agree not to bring or participate in any
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class, consolidated, or representative action against us or any of
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our employees or affiliates.
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o 9.7.Security Emergencies. If we reasonably determine that the
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security of our Services or infrastructure may be compromised due
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to hacking attempts, denial of service attacks, or other malicious
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activities, we may temporarily suspend the Services and we will
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take action to promptly resolve any security issues. We will notify
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you of any suspension or other action taken for security reasons.
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o 9.8.High-Risk Use. You understand that the Services (i) are not
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designed or intended for use during high-risk activities, and (ii)
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do not allow and should not be used for calls to emergency services
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numbers (e.g., 911 (U.S.), or 999 and 112 (UK)). WE ARE NOT A
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"DIAL-TONE" PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING ANY
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SERVICES, HANG UP AND DIAL YOUR LOCAL EMERGENCY NUMBER. YOU MUST
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UTILIZE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO
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MAKE AN EMERGENCY CALL.
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o 9.9.Recording. Certain Services provide functionality that allows
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you to record audio and data shared during sessions. You are solely
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responsible for complying with all applicable laws in the relevant
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jurisdictions while using recording functionality. We disclaim all
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liability for your recording of audio or shared data, and you agree
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to hold us harmless from damages or liabilities related to the
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recording of any audio or data.
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o 9.10. Assignment. Neither party may assign its rights or delegate
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its duties under the Agreement either in whole or in part without
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the other party’s prior written consent, which shall not be
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unreasonably withheld, except that either party may assign the
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Agreement to an affiliated entity, or as part of a corporate
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reorganization, consolidation, merger, or sale of all or
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substantially all of its assets. Any attempted assignment without
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consent will be void. The Agreement will bind and inure to the
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benefit of each party’s successors or assigns.
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o 9.11.Notices. Notices must be sent by personal delivery, overnight
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courier or registered mail. We may also provide notice to the email
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last designated on your account, electronically via postings on our
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website, in-product notices, or our self-service portal or
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administrative center. Unless specified elsewhere in this
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Agreement, notices should be sent to us at the address for your
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applicable contracting entity, with a copy to our Legal Department,
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320 Summer Street, Boston, Massachusetts 02210 USA, and we will
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send notices to the address last designated on your account. Notice
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is given (a) upon personal delivery; (b) for overnight courier, on
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the second business day after notice is sent, (c) for registered or
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certified mail, on the fifth business day after notice is sent, (d)
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for email, when the email is sent, or (e) if posted electronically,
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upon posting.
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o 9.12.Entire Agreement; Order of Precedence. The Agreement,
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including your Order and related invoices for Services ordered,
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these Terms, Service Descriptions, and a DPA if applicable, sets
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forth the entire agreement between us relating to the Services and
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supersedes all prior and contemporaneous oral and written
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agreements, except as otherwise permitted. If there is a conflict
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between an executed Order, these Terms, the DPA if applicable, and
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the Service Descriptions, the conflict will be resolved in that
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order, but only for the specific Services described in the
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applicable Order. Nothing contained in any document submitted by
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you will add to or otherwise modify the Agreement. We may update
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the Terms from time to time, which will be identified by the last
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updated date, and may be reviewed at Terms_of_Service. Your
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continued access to and use of the Service constitutes your
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acceptance of the then-current Terms.
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o 9.13.General Terms. If any term of this Agreement is not
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enforceable, this will not affect any other terms. Both parties are
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independent contractors and nothing in this Agreement creates a
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partnership, agency, fiduciary or employment relationship between
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the parties. No person or entity not a party to the Agreement will
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|
be a third party beneficiary. Our authorized distributors do not
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have the right to modify the Agreement or to make commitments
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binding on us. Failure to enforce any right under the Agreement
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will not waive that right. Unless otherwise specified, remedies are
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cumulative. The Agreement may be agreed to online, or executed by
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electronic signature and in one or more counterparts. No party will
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|
be responsible for any delay or failure to perform under the
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Agreement due to force majeure events (e.g. natural disasters;
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|
terrorist activities, activities of third party service providers,
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|
labor disputes; and acts of government) and acts beyond a party’s
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|
reasonable control, but only for so long as those conditions
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persist.
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o 9.14.Contracting Party, Choice of Law and Location for
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ResolvingDisputes. The contracting entity, contact information, and
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|
governing law for your use of the Services will depend on where you
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are and the specific Services you have ordered, as set forth here:
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LogMeIn_Contracting_Entities
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Last Updated: July, 2017
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