By using Gazelle and any of Gazelle’s services, products, and offerings (“Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Gazelle reserves the right to update and change Terms of Service without notice, but will make an effort to notify you of any changes of major significance.
Violation of any part of these Terms of Service may result in your account going under review and may result in suspension or termination of your account, after we attempt to contact you to resolve the issue.
Your Bill Of Rights
- The Right of Data Ownership
- Your list of clients, contact information, pianos, appointments, events, condition reports, invoices, and any other data you enter into or collect through Gazelle using our Services (collectively “Data”) is owned by you.
- You grant Gazelle permission to use your Data to perform the Services on your behalf, but the data is owned by you.
- You have the right to download any or all of your Data at any time. Gazelle is committed to making it easy to export your Data in an open, industry-standard format that you can use for any purpose. We will not hold your Data captive or for ransom.
- By entering Data into or collecting Data through Gazelle’s Services, you acknowledge that you have copyright ownership or permission to use the Data.
- The Right to Be Forgotten
- You have the right to have your Data permanently deleted from our database and all traces removed even from our backups.
- Upon your request in writing, we will delete your account and all your Data. It may take up to 60 days for all traces of your Data to be removed from our active database and all of our backups.
- You assume the responsibility of exporting a copy of your Data before it has been deleted.
- The Right to Privacy
- You must be 18 years or older to use our Services.
- You must own a verifiable piano service business or otherwise be a piano service professional. Fake accounts are not allowed. If Gazelle cannot verify that your business is real, you will be notified and your account may be temporarily locked until we receive validation that your business exists. If verification cannot be made within 48 hours of notice, your account may be terminated.
- You must provide your name, company name, and keep your contact information up-to-date.
- User accounts may only be used by one person. A single user account shared by multiple people is not permitted.
- You must assign permissions and roles to users in your account based on the actual function of that person in your organization.
- You are responsible for maintaining the security of your account and password. Gazelle cannot be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use our Services for any illegal or unauthorized activities based on U.S. laws and regulations, and any other laws and regulations that apply to your jurisdiction.
- Gazelle does not monitor or censor content that you input into Gazelle. You are solely responsible for the content you input and display to your clients. As per section 2(h), all content you input must be legally compliant. Beyond that, you are also responsible for any repercussions from the content you input.
- Gazelle charges monthly fees in exchange for access to our Services. Once payment is received you will be granted access to our Services for the following month.
- Should there be a lapse in payment, we will attempt to notify you. If no action is taken to remit payment within 2 days (48 hours) of the attempted notice, your account may automatically be downgraded. You will still have access to export your data, but access to Gazelle Services will be limited until payment is successfully remitted.
- In general, we do not offer cash refunds. Should you wish to discontinue use of our Services, you may disable automatic renewal of your account and no future charges will be made, and any unused portion of the subscription term will remain as credit on your account which can be used if you upgrade your account later.
- For customers with six (6) or more schedulable technicians, we offer custom enterprise pricing terms. Contact us to discuss a fee structure that makes sense for your organization. Enterprise pricing terms are fixed for one (1) year and re-evaluated annually.
- Gazelle’s billing tiers use “Active Pianos” as our metric for determining which billing tier you should be on. We recognize there are legitimate situations where a client will not have an active piano on file and so we choose to allow this scenario to exist (e.g. prospect clients, new clients with missing information, inactive clients who have sold their only piano, etc.). In general, if a client owns a piano and intends to keep it serviced, it should be recorded properly in Gazelle as an “Active Piano”. Gaming the system to skirt around a paid billing plan will result in your account being terminated.
- It is our intent to support Gazelle until the end of the Internet. Our pricing structure and all of our business practices have been influenced by this goal. We intend to be here for the long haul. But the future is always uncertain and we would be fools to not admit that. We designed this Sunsetting Policy so you can be confident that you and your Data will be cared for even amidst the constant change of technology.
- Should any of the technologies that support Gazelle’s features become outdated we promise to either update to current technology or do everything we reasonably can to support it as a legacy product.
- These Terms of Service, your use of the Services and the relationship between you and Gazelle shall be governed by and construed in accordance with the laws of the United States, and the State of North Carolina, notwithstanding the choice of law provisions of the venue where any action is brought, when the violation occurred, where you may be located or any other jurisdiction.
- You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in North Carolina, USA and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service. Notwithstanding this, you agree that Gazelle shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- In the event legal action is necessary to enforce these Terms of Service, Gazelle reserves the right to recover the cost of reasonable attorney’s fees.
- You agree that if Gazelle does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Gazelle has the benefit of under any applicable law), this shall not constitute a waiver of Gazelle’s rights and that those rights or remedies will still be available to Gazelle.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.
Sensitive Information Disclosure
Gazelle handles two primary types of information on our servers: your Data (defined in section 1.1.1.) and sensitive payment information for billing purposes (PCI Data). Each data type we handle requires different levels of data security to comply with industry norms & regulatory agencies. Gazelle exceeds industry norms for your Data and uses Stripe as a 3rd party provider to secure your PCI Data.
Your Data is encrypted and stored on our servers while at rest and in transit. This includes your own own personal data (e.g. your name, address, phone number, email address, etc.) as well as all the Data you collect about your clients. PCI Data is encrypted and processed through Stripe and requires a higher level of security from regulatory agencies when compared to that of PII data.
Gazelle does not recommend you store any sensitive information beyond the common fields we request. Inputting PCI Data, classified, or other sensitive data into Gazelle, outside the areas where it is explicitly requested, is strongly discouraged. For instance, recording your client’s credit card number in a notes field is not recommended. Additionally, any sensitive information (e.g. passwords, social security numbers, passport numbers, garage door codes, etc.) should not be stored in our system. We do not scan for this data or validate any of our generic text, notes, and free form fields. If you choose to store such information in an inappropriate field, or send such information for us to import, you are assuming all the risk and responsibility for this decision.
You agree to indemnify, defend and hold harmless Gazelle, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising out of or related to: (a) any fraud or manipulation, or other violation of these Terms of Service by you; (b) the Content or other information provided by you to Gazelle or that you submit, transmit or otherwise make available through the Services; (c) your use of the Services; or (d) any violation of any rights of another or harm you may have caused to another.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. GAZELLE NETWORK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GAZELLE NETWORK MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS, CONTENT OR ANY OTHER INFORMATION OBTAINED THROUGH THE USE OF SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; (D) THE SERVICES, THEIR SERVERS OR EMAIL SENT FROM GAZELLE NETWORK OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. IN SOME JURISDICTIONS, DISCLAIMERS OR IMPLIED WARRANTIES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GAZELLE NETWORK OR ITS AFFILIATES OR SUBSIDIARIES, NOR THEIR RESPECTIVE DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GAZELLE NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OF OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, AUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; OR (G) ANY BREACH OF THESE TERMS OF SERVICE BY GAZELLE NETWORK OR THE FAILURE OF GAZELLE NETWORK TO PROVIDE THE SERVICES UNDER THESE TERMS OF SERVICE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GAZELLE NETWORK ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE EQUIVALENT OF ONE (1) PERIOD OF SUBSCRIPTION FEES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.