Terms of Service

These Terms govern your use of any software, website, or service operated by Spanda, LLC. By creating an account, making a purchase, or using one of our products, you agree to these Terms.

If you have questions about anything below, email hello@spanda.llc before agreeing.

Who we are01

Spanda, LLC is a limited liability company organized under the laws of the State of Connecticut, United States. We operate software products under the names Spanda, Sabermatic, Massive Autonomy, and others described on our About page. In these Terms, "Spanda," "we," "us," and "our" all refer to Spanda, LLC and its sub-brands. "You" means the person or entity using one of our products.

The Service02

We offer software-as-a-service products on a subscription basis, a usage basis, or a combination of both. The specific features, limits, and pricing of each product are described on that product's website at the time you sign up or make a purchase. Those product-specific descriptions are part of these Terms by reference.

We may change, add, or remove features over time. If a change materially reduces the value of a paid subscription you've already purchased, we'll either give you notice and continue the prior version through the end of your current term, or offer a pro-rated refund.

Accounts03

You're responsible for keeping your account credentials secure and for activity that occurs under your account. Tell us promptly if you think your account has been compromised. You must be at least 13 years old, or the age of majority in your jurisdiction if higher, to use our services. If you're using a product on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Payment and billing04

Subscription fees are billed in advance on a recurring basis at the interval you selected (typically monthly or annually). Usage-based charges are billed at the end of each billing period. All fees are stated in U.S. dollars unless noted otherwise and are exclusive of any applicable taxes.

We use Stripe, Inc. as our payment processor. By providing payment information, you authorize us and Stripe to charge that payment method for fees you incur. If a payment fails, we may retry the charge or suspend access until payment succeeds.

Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel before the renewal date. Price changes will take effect at your next renewal and we'll give you reasonable advance notice.

Cancellation and refunds05

You can cancel any subscription at any time. The full cancellation process and our refund policy are described on the Refunds page, which is part of these Terms.

Acceptable use06

Don't use our services to:

• Break the law or violate the rights of others, including intellectual property and privacy rights.
• Send spam, unsolicited bulk messages, or unwanted commercial communications.
• Distribute malware, attempt to gain unauthorized access to systems, or interfere with normal operation of the service.
• Reverse-engineer, scrape, or attempt to extract source code, except where applicable law expressly permits it.
• Resell, sublicense, or rent the service without our written permission.
• Use the service to build a product that competes directly with it.

We may suspend or terminate accounts that violate these rules. Where the violation is serious or harmful to other users, we may do so without prior notice.

Your content07

You keep all rights to content you upload, generate, or store using our services ("Your Content"). You grant us a limited, worldwide, royalty-free license to host, copy, transmit, display, and process Your Content as needed to operate the service for you, to keep backups, to comply with legal obligations, and to improve the service in aggregated or anonymized form. This license ends when you delete the content or terminate your account, except to the extent we're required to retain it for legal or backup purposes.

You're responsible for making sure you have the rights to upload Your Content and that it doesn't violate the law or someone else's rights.

Our intellectual property08

We retain all rights in our software, brands, logos, documentation, and the design of our products. Nothing in these Terms transfers any of those rights to you. You may use our brand names to refer to our products in normal, accurate ways (for example, "I use Sabermatic"), but not in ways that imply endorsement or partnership without our written permission.

Third-party services09

Our products may integrate with services operated by third parties, including Stripe for payments and other providers listed in our Privacy Policy. Your use of those services is subject to their own terms. We're not responsible for third-party services that we don't control.

Termination10

You can stop using the service and cancel any subscription at any time, as described on the Refunds page.

We may suspend or terminate your access if you materially breach these Terms, if your account creates legal or security risk for us, or if we're required to do so by law. Where reasonable, we'll give you advance notice and an opportunity to fix the issue. After termination, sections of these Terms that by their nature should survive (payment, intellectual property, disclaimers, limitation of liability, governing law) will continue to apply.

Disclaimers11

Except where prohibited by law, our services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't warrant that the service will be uninterrupted, error-free, or that any defects will be corrected.

Limitation of liability12

To the fullest extent permitted by law, Spanda's total liability for any claim arising out of or related to the service or these Terms is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars. We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or business interruption, even if we've been advised of the possibility of such damages.

Some jurisdictions don't allow these limits, in which case they apply only to the extent permitted by law.

Indemnity13

You agree to defend and indemnify Spanda against claims by third parties arising from your use of the service, your content, or your breach of these Terms, to the extent permitted by law.

Governing law14

These Terms are governed by the laws of the State of Connecticut, United States, without regard to conflict-of-laws rules. Any dispute that can't be resolved through good-faith discussion will be brought in the state or federal courts located in Connecticut, and you and Spanda each consent to the personal jurisdiction of those courts. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction.

Changes to these Terms15

We may update these Terms from time to time. If we make material changes, we'll notify you by email or through the service before the changes take effect. Continuing to use the service after the effective date of an update means you accept the updated Terms. The current version is always at this URL with its effective date.

Miscellaneous16

These Terms, together with the Privacy Policy, the Refunds page, and any product-specific terms, are the entire agreement between you and Spanda regarding the service. If any provision is found unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver of our right to enforce it later. You can't assign these Terms without our written consent; we can assign them in connection with a merger, acquisition, or sale of assets.

Contact17

Questions about these Terms? Email hello@spanda.llc.