Terms of Service
Effective Date: Feb 28, 2024
At Glasp (“we”), we provide a social highlighting app that allows you to highlight, tag, leave notes, and share the highlights with others. Our mission is to democratize access to other people’s learning and experiences that they have collected throughout their lives as a utilitarian legacy. Please read these Terms of Service, our Privacy Policy, and Glasp Community Guidelines before using our Services (as defined below). These Terms of Service set out the terms and conditions that apply when you use our Services.
Acceptance of Terms
Glasp provides its Service through its website located at glasp.co (the “Site”) or in other ways as determined by us in its sole discretion, subject to these Terms of Service. By accepting these Terms of Service or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you are entering into these Terms of Service on behalf of a company, business enterprise or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and may not use or access the Service or Site. Upon acceptance by you, these Terms of Service constitute a legally binding contract between Glasp and you, and you shall be comply with any and all of their terms and conditions provided herein. Glasp may change any of these Terms of Service from time to time by providing thirty (30) days prior notice either by emailing at the email address provided by you or by posting a notice on the Site. You can review the most current version of Terms of Service at any time via the Site. The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised Terms of Service. If any changes to these Terms of Service is not acceptable to you, your only remedy is to stop using the Service. When you use the Service, you may be required to provide certain information as reasonably requested by Glasp, including, but not limited to, your email address at which Glasp may contact you.
Description of Service
The “Service(s)” means any and all the services provided by Glasp through its products, including, but not limited to: the Site; Glasp’s software-as-a-service platform; Glasp’s software-as-a-service platform for managing highlights; and all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively, the “Content”). The Service is designed to (i) let users highlight the information on the Internet, (ⅱ) share the highlights with others, and (ⅲ) manage the information highlighted or collected. The Service may be subject to additional terms and conditions, including payment terms if you are a user. Any new features added to or augmenting the Service are also subject to these Terms of Service.
General Conditions / Access and Use of the Service
Subject to the terms and conditions of these Terms of Service, you may access and use the Service only for lawful purposes. All rights, title, and interest in and to the Service and its components will remain with and belong exclusively to Glasp. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time-share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any applicable data, privacy, or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies, or other notices Glasp provides you or publishes in connection with the Service, and you shall promptly notify Glasp if you learn of a security breach related to the Service. Any software that is owned by Glasp and may be made available by Glasp through the Site in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these Terms of Service, Glasp hereby grants you a non-transferable, non-sublicensable, and non-exclusive right and license to use the object code of any Software on your device(s) solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Glasp for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Glasp or any third party is granted to you in connection with the Service. You are solely responsible for all data, information, feedback, suggestions, text, content, and other materials that you upload, post, deliver, provide, or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”). You are responsible for maintaining the confidentiality of the information associated with or provided by you, and for all activities that occur in the course of your use of the Service. Glasp reserves the right to access the information associated with or provided by you in order to respond to your requests for technical support. By providing Your Content on or through the Service, you hereby do and shall grant Glasp a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, modify, reproduce, distribute, display, publish, and perform Your Content solely to provide the Services. Glasp has the right, but not the obligation, to monitor the Service, Content, or Your Content. You further agree that Glasp may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Glasp’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection, and backup of Your Content. Glasp will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction, or loss of any of Your Content. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long-distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in Glasp’s published policies then in effect. You shall also be responsible for maintaining the security of the Equipment and any information and files provided by you, and for all uses of your contact information or the Equipment with or without your knowledge or consent. The failure of Glasp to exercise or enforce any right or provision of these Terms of Service shall not be a waiver of that right. You acknowledge that these Terms of Service constitute a legally binding contract between you and Glasp, even though it is electronic and is not physically signed by you and Glasp, and it governs your use of the Service.
Our Right to Use Your Content
We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Glasp and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
Representations and Warranties
You represent and warrant to Glasp that (i) you have full power and authority to enter into these Terms of Service; (ii) you own all Your Content or have obtained all permissions, releases, rights, or licenses required to engage in your posting and other activities (and allow Glasp to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Glasp’s exercise of all rights and licenses granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive, or harassing; and (iv) you are eighteen (18) years of age or older.
Termination
Glasp reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms of Service and your access to, or use of, all or any part of the Site or the Services at any time and for any reason without prior notice or liability. Glasp reserves the right to change, suspend, or discontinue all or any part of the Site or Services at any time without prior notice or liability. Notwithstanding the foregoing two paragraphs, all accrued rights to payment due and payable at the time of such restriction, suspension, or termination of these Terms of Service, or such change, suspension, or discontinuation of the Site or Service, shall survive such restriction, suspension, or termination of these Terms of Service, or such change, suspension, or discontinuation of the Site or Service.
Disclaimer of Warranties
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Glasp or by third-party providers, or because of other causes beyond our reasonable control. However, the Service, including the Site and Content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, and Glasp expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Glasp does not warrant that the Service will be uninterrupted, timely, secure, error-free, or virus-free, nor does it make any warranty as to the results that may be obtained from the use of the Services, and no information, advice, or services obtained by you from Glasp or through the Service shall create any warranty not expressly stated in these Terms of Service.
Limitation of Liability
The Service, including the Site and any content thereof, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, and Glasp expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Glasp does not warrant that the Service will be uninterrupted, timely, secure, error-free, or virus-free, nor does it make any warranty as to the results that may be obtained from the use of the Services, and no information, advice, or services obtained by you from Glasp or through the Service shall create any warranty not expressly stated in these Terms of Service. Some states or countries do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Glasp’s liability will be limited to the greatest extent permitted by applicable laws.
Indemnification
You shall defend, indemnify, and hold harmless Glasp from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Service, any of Your Content, or your other access, contribution to, use, or misuse of the Service. Glasp shall provide notice to you of any such claim, suit, or demand. Glasp reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Glasp’s defense of such matter.
U.S. Government Matters
You may not remove or export from the United States or allow the export or re-export of the Services or anything related thereto, or any direct product thereof in violation of any restrictions, laws, or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the software and documentation installed by Glasp on your Equipment (if applicable) are “commercial items” and according to DFAR section 252.227 7014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of these Terms of Service and will be prohibited except to the extent expressly permitted by the terms of these Terms of Service.
Compliance with GDPR and EU AI Act
General Data Protection Regulation (GDPR) Compliance: In compliance with the General Data Protection Regulation (GDPR), Glasp respects your privacy and is committed to protecting your personal data. Our updated privacy policy reflects our practices and the choices you can make about the way your information is collected, used, and shared. We have implemented stringent measures to ensure the protection of your personal data, including:
- Ensuring lawful processing of personal data and obtaining explicit consent when required.
- Providing clear information about our data processing practices and your rights.
- Implementing appropriate security measures to protect your personal data.
- Ensuring that data transfers outside the EU are carried out in compliance with the GDPR.
You have the right to access, correct, delete, or restrict the processing of your personal data. You can also exercise your right to object to processing and your right to data portability. Requests can be made by contacting us at [email protected].
EU AI Act Compliance: Glasp is committed to compliance with the European Union Artificial Intelligence Act (EU AI Act) and ensures that any artificial intelligence systems we use in providing our Services are developed and deployed in accordance with the principles of transparency, accountability, and human oversight. We take measures to mitigate risks associated with AI, including implementing robust data governance practices and conducting regular audits. If you have any questions or concerns about our use of AI, please contact us at [email protected].
Cross-Border Data Transfers: Personal data collected by Glasp may be stored and processed in your region, in the United States, or in any other country where Glasp or its affiliates, subsidiaries, or service providers maintain facilities. We take all necessary measures to ensure that data transfers comply with international privacy standards and are protected according to the GDPR guidelines. This includes using approved data transfer mechanisms such as Standard Contractual Clauses.
Assignment
You may not assign these Terms of Service without the prior written consent of Glasp, but Glasp may assign or transfer these Terms of Service, in whole or in part, without restriction.
Paid Accounts
Cancellation: You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights. If you cancel your subscription, your account will automatically revert to a free account at the end of your current billing period.
Fees: You agree to pay the subscription fees for the subscription plan you select. We will bill you in advance on a recurring and periodic basis (such as monthly or annually), depending on the subscription plan you select. The subscription fee will be charged on the first day of the paying portion of your subscription and will cover the use of that service for an additional period as indicated. The fees charged are non-refundable. If you cancel your subscription, you will not be refunded any fees already paid. If you upgrade your subscription, the new subscription fee will be charged immediately. If you downgrade your subscription, the new subscription fee will be charged at the end of your current billing period.
Changes: We may change the fees charged for the Service at any time. Any change in fees will become effective after the current billing period has ended. We will provide you with reasonable notice of any change in fees. You will have the opportunity to cancel your subscription before the new fees become effective.
Payment: You authorize us to charge your credit card or other payment method for the subscription fee. You authorize us to charge your payment method for any additional purchases you make. You are responsible for providing us with accurate and complete billing information. You are responsible for any charges, fees, and taxes incurred by you in connection with the Service.
Miscellaneous
If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. You hereby agree that (i) these Terms of Service and any Additional Terms as applicable are the complete and exclusive statement of the mutual understanding between Glasp and you, and supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms of Service, and (ii) all waivers and modifications must be in writing signed by Glasp and you, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind Glasp in any respect whatsoever. In any action or proceeding to enforce rights under these Terms of Service, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Governing Law
These Terms of Service shall be governed by the laws of the State of California without regard to the principles of conflicts of law. Unless otherwise elected by Glasp in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction and venue of the state courts located in San Francisco County, California, and the federal courts located in the Northern District of California for the purpose of resolving any dispute relating to your access to or use of the Service.
Privacy
Glasp’s collection and use of personal information and other data is subject to Glasp’s Privacy Policy at https://glasp.co/privacy-policy.
California Consumer Privacy Act (CCPA) Compliance
Your Rights Under CCPA: As a California resident, the California Consumer Privacy Act (CCPA) provides you with the right to know what categories of personal information Glasp collects about you and whether that information is sold or disclosed, and to whom. You have the right to request deletion of your personal information collected or maintained by Glasp. You also have the right to opt-out of the sale of your personal information, if applicable.
Requesting Your Data: You can request disclosure of your personal information that Glasp has collected in the past 12 months by contacting us at [email protected]. You will need to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Non-Discrimination: We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not deny you goods or services, charge you different prices or rates for goods or services, provide you with a different level or quality of goods or services, or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Community Guidelines
We have a set of guidelines for participating in Glasp. Please read the Glasp Community Guidelines before using our Services at https://glasp.co/community-guidelines.
DMCA
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Glasp will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Glasp’s Copyright Agent at [email protected] (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
Glasp Inc.
548 Market St, PMB 26241,
San Francisco, CA 94104
Notice: To be effective, the notification must be in writing and contain the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner‘s behalf.
Counter-Notice: If you believe that the relevant Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
- Your name, address, telephone number, and email address;
- A statement that you consent to the jurisdiction of the federal courts located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Glasp will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Glasp’s sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Glasp has adopted a policy of terminating, in appropriate circumstances and at Glasp's sole discretion, members who are deemed to be repeat infringers. Glasp may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.