This Seraphim Terms of Service Agreement (“Agreement”) governs your use of the Seraphim website, customer support, and web services offered through the Seraphim website (collectively, “Services”) and software that we include as part of the Services, as well as any related applications, sample files, scripts, source code, instruction sets and related documentation (collectively, “Software”).
The Services and Software are offered by SERAPHIM COMPUTATIONAL FINANCE INC., a Canadian Federal corporation (“Seraphim”, “we” or “us”), and you accept this Agreement by clicking an “agree” or similar button, where that option is provided by Seraphim, or if you use or access the Services or Software. Your agreement to this Agreement also binds your authorized users, your company or organization. If you do not agree to this Agreement, do not accept it or do not continue using the Services or Software.
If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement control where it conflicts with this Agreement.
Any new Seraphim features in addition to the current Services or Software will be subject to this Agreement.
You can review the most current version of the Agreement at any time at: https://seraphim.software/application on the download page.
Violation of any of the terms below may result in immediate termination of your Services account.
If you wish to use the Services, including any Services offered on a free or trial basis, you must create an account for Services with us.
Accounts registered by automated methods are not permitted and will be deleted immediately without notice.
You must provide your name, a valid email address, and any other pertinent information requested to complete the account sign-up process.
You are responsible for maintaining the security of your account and password. Seraphim cannot and will not be liable for any loss of information or security breaches that result from your failure to comply with this security obligation. You may not share accounts and passwords among any unauthorized person. You are fully responsible for all activity that occurs under your account, regardless of whether undertaken by you, your employees or a third party (including contractors or agents). You will contact us immediately if you believe unauthorized activity has occurred in your account or if your account information is lost or stolen.
You may not use the Services or Software for any illegal activities. You must not, in your use of the Services or Software, violate any laws in your jurisdiction (including but not limited to copyright laws). Should you engage in any illegal activities through the Services, you agree to hold Seraphim blameless and not liable for any damages or crimes that may occur as a result. Without limiting its remedies, Seraphim may also immediately shut down and cancel your account and delete all data in it.
You understand that Seraphim uses third party payment processors to handle payment transactions, and that all monetary transactions made through your use of the Services or Software are subject to any fees the payment processor may charge.
By using this application, you are agreeing to be bound by the FRED® API Terms of Use (https://fred.stlouisfed.org/docs/api/terms_of_use.html).
A valid credit card is required for paid subscription Services or Software. A credit card is required to sign up for our free trial.
Seraphim calculates and bills fees and charges as described on the Seraphim site. If you choose monthly billing by credit card, you authorize a recurring monthly charge to your credit card based on Seraphim’s current fee schedule for the Services. You will pay Seraphim the applicable fees and charges for use of the Services as described on the Seraphim site. Seraphim may increase, change or add new fees and charges for Services by updating the Seraphim site. If Seraphim changes the pricing for the Services, the fees payable by you will increase or decrease in accordance with any such modification upon the date specified on the Seraphim site.
Paid accounts are subject to monthly or yearly fees, unless otherwise agreed with Seraphim. All fees are payable in advance and are non-refundable.
All fees exclude any taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties.
The term of this Agreement commences when you create an account and will remain in effect until terminated in accordance with this Agreement.
If you wish to cancel your subscription for Services or Software, it is your responsibility to ensure that your subscription has been properly canceled. An email requesting a subscription to be canceled is not considered a cancellation. You can cancel your subscription at any time from the "Account Settings" section within the Services.
If you wish to delete your account you may initiate deletion by emailing ops@seraphim.software. If you initiate account deletion, your account will become disabled, and all account data (such as your email, name, and billing information), and all related application data will be deleted by us within 30 days after you initiate deletion. This information cannot be recovered once deleted. Data on your local machine is not deleted.
If you initiate account deletion, your account will be disabled, and you will not be charged again from that point forward. However, you will not receive a refund for amounts previously paid.
Seraphim has the right to suspend or terminate your account and refuse any current or future use of the Services for any reason at any time. Seraphim, in its sole discretion, reserves the right to refuse to provide the Services or Software to anyone for any reason at any time.
Upon termination of this Agreement (i) all your rights under this Agreement immediately terminate; and (ii) you remain responsible for all fees and charges you have incurred up to and including the date of termination. We have no obligation to continue to store your data after termination of this Agreement.
Our warranty disclaimers, our limitations of liability, our ownership of the Services and Software, and the dispute resolution provisions of this Agreement will survive any expiration or termination of this Agreement.
Personal Data. For information about how we collect, use, share or otherwise process personal information about you, please see our Privacy Policy within the Seraphim website.
Usage Data. If you are logged into your Services account, we collect information about your use of the Service and Software. Usage data allows us to help improve product quality and features.
Seraphim reserves the right at any time, with or without notice, to modify or discontinue the Services or Software, temporarily or permanently.
Seraphim reserves the right to change the prices of the Services or Software at any time.
Seraphim will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services or Software.
Some of the Services may be in preview, testing, or beta phase (each a “Preview Offering”) for the purpose of evaluating performance, identifying defects and obtaining feedback. Seraphim will not be liable for any damages in connection with your use of any Preview Offering. You are not required to use any Preview Offering, and we have no obligation to release a final version of any Preview Offering.
The Services and Software themselves including the use of the Seraphim name, logos, domain names and other distinctive brand features are protected by copyright and other laws: © SERAPHIM COMPUTATIONAL FINANCE INC., All rights reserved.
We grant you a limited, personal, non-transferable, non-exclusive license to access and use the Services and Software, subject to the terms of this Agreement. We (and our licensors) are the owner of all right, title and interest in the Services or Software.
You are not obligated to provide us with any suggestions or other feedback about the Services or otherwise, but if you do, we may use and modify this feedback without any restriction or payment.
Your use of the Services, Preview Offerings and Software is at your own risk. The Services, Preview Offerings and Software are provided on an "as is" and "as available" basis.
Technical support is available to paid account holders and is only available via Seraphim email.
You acknowledge and understand that Seraphim uses third party vendors to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Software, or Seraphim.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services.
You may not disable or circumvent any security mechanisms used by the Services or use the Services in a way that poses a risk to the Services or any third party.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Seraphim employee, member, or officer will result in immediate account termination and potential criminal charges.
Seraphim does not warrant that (i) the Services or Software will meet your specific requirements, (ii) the Services or Software will be uninterrupted, timely, or error-free, (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Services or Software will meet your expectations.
You expressly understand and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Seraphim has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services or Software; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services or Software; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services; (v) or any other matter relating to the Services or Software.
Except where limited by law, our total liability arising out of or related to this Agreement is limited to US $50 or the aggregate amount you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
You expressly understand and agree that Seraphim will not be liable for any payments and monetary transactions that occur through your use of the Services or Software. You expressly understand and agree that all payments and monetary transactions are handled by the 3rd party payment platform the Service uses (as of the date of this Agreement, Stripe (https://stripe.com)). You agree Seraphim will not be liable for any issues regarding financial and monetary transactions between you and any other party.
The failure of Seraphim to aggressively enforce any right or provision of the Agreement will not be construed as a waiver of such right or provision. Unless there is a separate written agreement between you and Seraphim covering the Services and Software, the Agreement outlines the entire agreement between you and Seraphim concerning the Services and Software and supersedes any prior agreements between you and Seraphim including prior iterations of the Agreement.
If any provision of this Agreement is held invalid or unenforceable for any reason, the other provisions of this Agreement will continue in full force and effect.
We may notify you by email, postal mail, postings within the Services, or other legally accepted means.
Except to the extent applicable law provides otherwise, this Agreement are governed by the federal laws of Canada and the laws of British Columbia, without regard to conflict of law provisions. You and Seraphim agree to submit to the exclusive jurisdiction and venue of the courts located in the City and Province of Vancouver, British Columbia.
If we decide to change this Agreement, we will post those changes on this page or by otherwise notifying you by email. Amended terms become effective upon posting on this page or as stated in Seraphim’s email notice message. By continuing to use the Services or Software after the effective date of any amendment to this Agreement, you agree to be bound by the amended terms. If you do not agree to the changed Agreement, then your sole remedy will be to stop using the Services or Software.