Legal Information and Website Use
View our legal terms and information regarding the use of our website.
Our Privacy Promise
Read about our efforts to protect your information.
Information about our policies on protecting your privacy online.
Help Us Protect Your Privacy
Read our tips to protect yourself from phishing and other online scams.
Service Level Agreement - Online Products
This SLA covers purchased online products from Spyder.
Spyder Terms and Conditions
General terms and conditions for purchase
Company: Spyder, Inc.
State of Domicile: Kansas
Principal Place of Business: 102 West 2nd Street, Fort Scott, KS 66701
Entity is not licensed to sell or advise on financial products
Please carefully read this notice before you use this Website. This Website is provided by Spyder, Inc and any affiliates (collectively "Spyder") and may be used for informational purposes only. By using this Website, or downloading materials from it, you agree to abide by the following terms and conditions. If you do not agree with the following conditions of use, please exit this Website.
Spyder created this Website to be used by the general public and our affiliated financial service providers. The Website does not, and it is not intended to, provide any financial, legal, accounting, or tax advice, and must not be relied upon by you in that regard. The Website should not be used, or relied upon by you, as a substitute for your independent research or consultation with your own financial, legal or tax advisors.
The information, text, graphics and links provided in this Website are provided by Spyder as a convenience to you. Spyder will use reasonable efforts to include accurate and up-to-date information. However, due to the nature of the Internet, Spyder does not warrant and cannot guarantee the accuracy, completeness or authenticity of the information contained in this Website, or the information, text, graphics, links, Website functionality, and other items contained on this server or its suitability for any purpose.
Spyder does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available is free of viruses or other harmful components as such information is received by you because Spyder cannot control the transmission of information over this medium. Spyder does not warrant or make any representations regarding the use of, or the results of the use of, the materials on this site, or your transmission of any software, data or information from the Website to you.
Information provided on this Website is believed to be reliable when posted. However, we cannot guarantee that information will be accurate, complete and current at all times. This Website could include technical inaccuracies or typographical errors. Spyder will from time to time revise the information, products and services described in this Website, and reserves the right to make such changes without notice.
The use of this Website is entirely at your risk. The materials and information in this Website (including text, graphics, and functionality) are presented without express or implied warranties of any kind and are provided "as is". It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided.
Spyder intends for the information contained in this Website to be accurate and reliable. However, errors sometimes occur. Therefore, Spyder to the full extent permitted by applicable laws disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose as to any matter whatsoever relating to this Website or the information contained herein.
To the full extent permitted by applicable laws, in no event shall Spyder, its agents, employees, directors, and officers be liable for any damages of any kind caused to any person as a consequence of the use of this Website including but not limited to any direct, special, incidental, indirect or consequential damages of any kind including but not limited to loss of use, loss of data or loss of profits, whether or not advised of the possibility of such damage, or based upon any theory of liability, arising out of or in connection with the use or performance of this Website or the information contained herein. We will not be responsible for any detrimental reliance that you may place upon the Website or its contents.
This Website is provided for your personal viewing and Spyder maintains all copyrights in the text, buttons, layouts, graphic images and logos contained in this Website. Except as stated herein, no portion of this Website or its contents may be reproduced, copied, republished, altered, or transmitted, uploaded, downloaded, or posted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Spyder.
Modification of the materials or use of the materials for any other purpose is a violation of Spyder's copyright and other proprietary rights. The use of any such material on any other Website or networked computer environment is prohibited.
You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this Website, without prior written permission of Spyder.
An acknowledgment of the source must be included whenever our materials are copied or published. Any infringement of our rights will result in appropriate legal action. Spyder disclaims any and all liability which may result from any unauthorized reproduction or use of the information on this site.
License and Reproduction
Permission is granted to print copies of portions of this Website, but not the entire Website, and to display and navigate around this Website with a computer using HTML browser software, solely for personal use and for your commercial use as part of engaging in Spyder services. Any other commercial use of this Website or any portion hereof is strictly prohibited. A hyperlink to the Uniform Resource Locator (URL) of this Website in HTML documents which you prepare, must be approved in writing or via email, prior to making such hyperlink, and is subject to the following conditions: (a) the URL may be used only for the purpose of hyperlinking to Spyder's home page at "https://www.spyderloop.com"; (b) the URL shall be clearly identified as being a link to a Website owned and operated by Spyder; and (c) you will make no other use of any Spyder intellectual property, other than the URL, without Spyder's express written permission.
The Spyder logo shown here (with variations) and the Spyder mark are registered trademarks of Spyder, Inc. All trademarks, service marks, and trade names are proprietary to Spyder or its third party licensors. Spyder and its third party licensors enforce their respective intellectual property rights. Use in commerce other than as "fair use" is prohibited by law except by express license from Spyder or its third party licensors.
Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. Spyder is not responsible or liable for any damage caused by such hazards.
Spyder cannot and does not guarantee or warrant that files available for downloading from this Website are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. Spyder does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will Spyder be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this site.
Information submitted into secured regions of our Website is protected by Spyder using three layers of security:
- Users are required to login using a unique user ID and password. A second factor of identification may also be required to access certain materials or information.
- A firewall (a combination of computer hardware and software) keeps unauthorized users from accessing information within Spyder's computer network.
- Encryption technology is used to secure data when it's being transferred from one computer to another.
However, all other information submitted to Spyder while not logged into secured regions of this Website including electronic mail inquiries, is submitted through the Internet, which is an unsecured, public network.
Although Spyder employs the most current and stringent Internet security standards, you acknowledge and confirm that the Internet is not a secure medium where privacy can be ensured, and that complete security and confidentiality over the Internet is not possible at this time. Your confidential use of the Website cannot be guaranteed and you acknowledge that your use of the Website (including information you transmit to the Website) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, Spyder shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security.
Other Internet or Websites which may provide access to this Website by hypertext links ("hyperlinks") are entirely independent of this Website. Links to other Internet or Websites from this Website are included as a convenience for our visitors and in no way are meant to imply that Spyder endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated. Spyder does not guarantee the accuracy of any information in these other sites nor does it assume any liability for the content or presentation of linked sites.
Spyder cannot guarantee that the hyperlinks set out on our Website will be accurate at the time of your access. Moreover, the sites pointed at by hyperlinks have been independently developed and possibly maintained by person(s) over whom Spyder has no control. Spyder cannot and does not monitor the sites linked to its pages on the Internet or any transmission made through the respective web pages and news groups. Accordingly, Spyder assumes no responsibility for the content of any site referenced to by any hyperlink or otherwise. Spyder believes that our making available hyperlinks to publicly accessible web pages is legally permissible and consistent with the common, customary expectations of those who make use of the Internet.
The applicable federal laws and the laws of the state of Kansas shall govern as to the interpretation, validity and effect of this policy and any use of the Website, without giving effect to any principles of conflicts of law. If any provision of this policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this policy and shall not affect the validity and enforceability of any remaining provisions. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the state of Kansas, or the federal courts situated in the state of Kansas, in any action or proceeding instituted under or related to this policy or your use of this Website.
Service Request Forms
Any information requested is for our internal use to service your request. It is not shared with any third party, unless permitted by you or required by law.
Interactive Forms or Calculators
Any interactive forms or calculators on this Website are there for your information only and are intended as a guide. Spyder may track, retain and/or use any of the data input into these forms for our internal use only.
Spyder welcomes your comments regarding our Website. While we do value your feedback, we ask that you not submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services via this Website. Spyder requests this in order to avoid confusion in the future regarding the origin of the concept, product or service.
If, despite our request that you not send us any creative materials, you in fact send us creative suggestions, ideas, concepts or other information (collectively, the Information), such Information shall be deemed by Spyder to be, and shall remain, the property of Spyder. None of the Information shall be subject to any obligation of confidence on the part of Spyder and Spyder shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, Spyder shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Spyder makes every reasonable effort to ensure the privacy of the data you entrust to us.
We do not sell information about you.
We do not share your information with anyone for their marketing purposes.
We use your personal information to help maintain and grow the relationship you have with us.
Privacy Notice to All
Whether you are a customer, prospective customer, business partner, job applicant, a visitor to a Spyder office, or an attendee at a Spyder hosted or sponsored event, you have entrusted us to safeguard the personal information that you have shared with us. We are providing this privacy notice to assist you in understanding the types of personal information we collect, where we receive it, how we use it, and how we protect the privacy of the personal information shared with us.
Where Do We Get Personal Information, Why Do We Collect It, and What Do We Collect?
Most of the personal information we collect is obtained with your consent from you, one of our customers, an organization with whom we do business that has authority to share such information, or through other authorized sources. We primarily collect personal information to confirm your identity, verify licensing information, and manage your relationship with us. The type of information that we collect depends on our relationship with you. This includes:
- Information you or a person on your behalf provides on an application or other form (for example, name, address, social security number, government identification number, or license affiliations);
- Information we get with your consent from other third party sources such as credit reporting agencies or license regulators;
- Information about your relationship and history with us;
- Information on your interactions with our websites.
As a courtesy, Spyder may provide registered users with an updated notice if the types of personal information we collect, or use, is materially different, unrelated, or incompatible with this notice or the notice requires a material change.
How Do We Use and Disclose Your Information?
We may provide information to individuals and entities with whom you authorize us to share such information. If necessary, we disclose information when it is required by law, for example, a filing to the Internal Revenue Service (such as Form 1099). We may also disclose certain information to other entities to help us report or prevent fraud, including reports to regulatory or law enforcement agencies. We do not share medical or health information, if gathered, with any unrelated companies, except as needed to maintain and process your transactions.
Spyder may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose or as you authorize, we require the recipient to keep that personal information confidential and not use it for any purpose except performing the service. Categories of third parties that may be given access to your personal information will depend upon your unique relationship with us. Examples of these categories include:
- Consultants and contractors (e.g., external auditors)
- Financial services professionals
- Software service providers
- Attorneys and other legal professionals
- Cloud service providers
- Regulatory agencies
- Third party administrators
- Event Facilitators & Coordinators
How Do We Protect the Security of Your Information?
We have policies that maintain the physical, electronic, and procedural safeguards to protect the confidentiality of your personal information while at rest (stored in or system drives) and in-flight (while being used as part of a transaction or regular data retrieval). Access to your personal information is limited to those who need to know it to help service our relationship with you. Should your relationship with us end, we will continue to follow the privacy policies described in this notice to the extent that we retain information about you. If we no longer need to retain that information, we will dispose of it in a secure manner.
Do You Need to Do Anything?
It is not necessary for you to take any action as part of our privacy policies. This is because we do not share your information except to service and grow the business relationship you have with us. You do not need to "opt-out" or "opt-in" as you may have done with other companies because we do not sell your information.
You May Request Your Information
You may request what information Spyder has collected about you and its purpose. We will provide a response once we receive and confirm your request.
All requests must provide sufficient information to allow us to reasonably verify your identity. We require a signed authorization form providing specific personal information that we should have on file for you. To verify your identity, we will compare the information provided to the information we have on file. Your name, address, and relationship with Spyder are mandatory data elements and will be used in combination with other information such as your licensing information, date of birth, social security number, or other identifying information. You do not need to create an account to request your information. Please contact us via Contact Us to begin your request.
Confidentiality Practices for Victims of Domestic Violence or Abuse
Spyder understands that certain personal information may require special handling. This may be especially true in instances where an individual is, or has been, a victim of domestic violence or abuse. This information may include the individual's address, telephone number, name and place of employment, and other contact or location information.
If you are a Spyder customer who is a victim of domestic violence or other abuse, and would like Spyder to take steps to further safeguard your information from others or need to remove a previously submitted request, please contact us for assistance. We will make every effort to further restrict use or access to your sensitive personal information without requiring you to disclose your personal situation details.
Spyder, as referred to in this notice, means Spyder, Inc.
Residents of California
The information below supplements Our Privacy Promise and applies to residents of the State of California. The California Consumer Privacy Act of 2018 (CCPA) defines categories of personal information as the following:
Information Categories and Examples
Personal Identity, Financial, and Personal Health
- Driver's license
- Email address
- Social Security number
- Medical information
- Health insurance information
Protected Classification Characteristics
- Marital status
- Medical condition
- Physical or mental disability
- Sex (including gender, gender identity)
- Personal property
- Products or service purchased
- Genetic characteristics
- Physiological characteristics
- Biological characteristics
Internet or Other Similar Network Activity
- Information on your interaction with our websites
Sensory Data - Audio, Electronic, Visual, Thermal, Olfactory or similar information
- Voice & Video Recordings
Professional or Employment-Related Information
- Current or past job history
Inferences Drawn from Personal Information
- Profile created by analyzing information provided (for example, underwriting analysis)
Spyder obtains some or all of the categories of personal information listed above from the following categories of sources:
- Directly from you or someone on your behalf
- Financial service professional or firm
- Regulator and licensing agencies
- Publicly available records
- Other third parties (e.g., consumer reporting agency, credit reporting agency, staffing agency, companies that provide services to us)
- Analytical technology (e.g., internet usage, cookies, or automated underwriting technology)
Spyder may disclose all categories of personal information as necessary or appropriate with the following categories of third parties:
- Consultants and contractors (e.g., external auditors)
- Financial services professionals
- Software service providers
- Attorneys and other legal professionals
- Cloud service providers
- Regulatory agencies
- Third party administrators
You may request Spyder to delete personal information that we have collected and retained. Once we receive and confirm the request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We will not discriminate against you for exercising any of your rights. Please see the You May Request Your Information section above for more information on how to submit a deletion request.
Please be aware that certain legal and regulatory requirements require us to retain your personal information for a specific period of time which may impact our ability to process your deletion request.
If you request that your personal information is deleted, any Spyder user accounts registered to you and any unprocessed transactions with us will be cancelled. At our discretion, pending transactions may be completed before your personal data is deleted and any monies owed us will still be due and payable.
Collection and Use of Personal Information
Visitors are not required to provide personal information to browse the information found on our websites. Personal information is only collected when you voluntarily provide it to us, for example when you register to use the site or services. Personal information may include first and last name, address, email address, telephone number, and Social Security number. In order to provide some services to you, we may also collect regulatory license and affiliation data, and payment information required to use our services. Information provided by you through our websites is used only to help maintain the business relationship you have with us, or encourage such a relationship. We do not sell information about you. We do not share your information with anyone else for their marketing purposes.
Tracking Website Visitors
Spyder gathers aggregate tracking information from our website visitors. This aggregate tracking information is:
- Collected on an aggregate, anonymous basis, which means no personal information is associated with this data.
- Used for purposes of direct marketing to visitors to our website through social platforms.
To enable us to continually improve the content we offer our website visitors, as well as for systems administration purposes, we collect aggregate information site-wide. This gives us an idea of which parts of our website you are visiting. We do not link IP addresses to anything personally identifiable. This means that a visitor's session will be tracked, but the user will remain anonymous.
In order to provide services in our website, if Spyder receives 'do not track' signals, we do not take any action to comply with such requests.
Spyder is committed to protecting the personal information that you entrust to us. That is why we use the most current encryption technology available to ensure secure transmission of your information provided through our secure log in screens and online forms. Please understand that some channels in the Internet are not a completely secure medium of communication. For example, any email messages that you send to us may traverse several third-party communication backbones and some or all of these may be unencrypted. Therefore, messages sent to or from this website may be accessed by unauthorized users. To protect your privacy, please do not use email to communicate information that you want kept confidential. Spyder will not send unencrypted confidential data via email to any party. If you are concerned about the security of the Internet for the communication of personal information, you may consider using alternative forms of communication such as telephone, fax, or regular mail. We do not guarantee or warrant that any part of this Website, including files available for download, are free of viruses or other harmful code. It is your responsibility to take appropriate precautions, such as the use of anti-virus software, to protect your computer hardware and software while using the Internet.
Spyder will never ask you for any type of personal information by email.
Spyder values your privacy and takes every reasonable step to protect the information that you have entrusted in us. That is why we will never request your personal information via email.
If you receive an email that appears to be from Spyder, and the message asks you for personal information such as your social security number, birth date, government identification number or any other sensitive information, DO NOT RESPOND or click any links in the email. The message is not from Spyder and is a type of crime known as a "phishing" attempt.
Phishing is a cybercrime in which a target or targets are contacted by email, telephone or text message by someone posing as a legitimate institution to lure individuals into providing sensitive data such as personally identifiable information, banking and credit card details, and passwords. The information is then used to access important accounts and can result in identity theft and financial loss.
As part of the phishing attempt, the email from the fraudsters may look legitimate and it may contain links to sites like Spyder, that look real on the surface but are just imitations.
Privacy Safety Tips:
- Keep your software (operating system and internet browser) up-to-date.
- Make sure you have anti-virus software and a personal firewall enabled and current on your computer.
- Be suspicious of any email that asks for personal information, requests your authentication, or indicates a problem with your Spyder account.
- Be aware that legitimate companies generally do not ask customers to verify personal information by sending email.
- Never respond to an email asking for your credit card or other payment information.
- Avoid sending personal and financial information by email.
- Never click on a link in an email if you are unsure of its origins, especially if the email asks for personal financial or account credential information.
- If you receive a questionable email that contains Spyder's name or logo, do not reply by email and do not click on any links. If you have any concerns about an email that you have received, contact us by telephone or by using the Contact Us link on our Website.
This Service Level Agreement (SLA) is part of your purchased Terms and Conditions for a Spyder online product. Overall, Spyder guarantees that at least 99.95% of the time during the support window we will successfully process requests for your purchased services with a quick and reasonable response time as defined in this SLA.
As with any online Product, certain maintenance activities are required to service the Product to provide security, performance, and feature updates for your continued benefit. To maximize availability of your product, Spyder agrees to perform these planned maintenance activities outside of the Critical Online Window as defined in this SLA except when immediate action is required for emerging threats and other urgent activities.
The following definitions are used in this SLA document and may appear in the body as capitalized words:
- Company – Spyder, LLC, the provider of the online products covered by this agreement.
- Product – A covered online product. Any affinity products purchased through Spyder but serviced by other online providers are excluded from this SLA but may be covered by another agreement with similar terms.
- Service Level – Means performance metrics set forth in this SLA that Spyder agrees to meet in the delivery of Product services. Service Level is measured on a month-to-month basis.
- Downtime – Defined as an impairment or total outage of Product as defined in this SLA.
- Response Time – A measurement from request to delivery of the requested user action.
- Incident – Means any single event or set of events resulting in Downtime. Incidents are classified as Major ("Severity 1" or "SEV1"), Moderate ("Severity 2" or "SEV2"), or Minor ("Severity 3" or "SEV3").
- Root Cause Analysis – Refers to a response provided by Spyder detailing the cause of an incident and steps taken to prevent a recurrence.
- Critical Online Window – The period of time covered by this SLA where users are expected to be performing key activities in an online system. Planned maintenance is not performed during this window.
- Support Window – The period of time covered by this SLA and equivalent to the Critical Online Window.
Critical Online Window & Maintenance Window
The Critical Online Window (COW) defines the period of time where users are expected to be performing key activities within the system. These time periods represent the "Support Window" covered by this SLA, although Company expects that their online systems will be available 24x7.
From time to time, Company may need to perform routine planned maintenance on the online product in order to add or modify user features, or to add non-visible improvements such as security and performance updates. In most cases, these updates will result in no outage or a minor outage that is outside of the COW. Planned maintenance activities will always be performed outside of the COW in order to provide maximum Product availability to customers.
For planned maintenance activities that may result in an outage, reasonable notice will be given to customers via online messaging banners, direct email, or other communication methods.
|Day||West Cost||Mountain||Central||East Coast|
Measured Incidents & Response Time:
This SLA covers incidents classified by severity by Company according to the following guidelines:
- Severity 1 / SEV1 - Major impact: The site is "hard down" and unavailable to users; OR critical features are unavailable or responding significantly outside of acceptable ranges of response, or with a high number of failure responses. No reasonable workarounds exist.
- Severity 2 / SEV2 - Moderate impact: The site is not "hard down" but is significantly impacted due to response times outside of acceptable ranges for critical features or a high number or failure responses are being observed.
- Severity 3 / SEV3 - Minor impact: The site is not "hard down" but is experiencing slow response times or failures for some non-critical features and no reasonable workarounds exist. For critical features, a reasonable workaround exists to minimize impact.
- Non-Prod : Events that occur in non-production or testing system are specifically excluded from this SLA.
For purposes of this SLA, a "critical feature" is a core feature that is used consistently in day-to-day activities. For example, in an online document storage product, critical features would be access, display, and upload of documents; non-critical features would be renaming or deleting an existing document. Although critical features vary for each product and are not explicitly named in this SLA, Spyder considers most online features that are regularly accessed by users on a frequent or daily basis to be "critical".
Acceptable response ranges vary by activity:
- Spyder site pages not directly related to a product feature: 10 seconds from request to response of partial page as measured on an average through the monthly measurement period of requests. Failures of these non-product pages are not entitled to claims for remedy under this SLA.
- Login: 30 seconds from submission of valid credentials to display of home landing page.
- Upload: 15 seconds from submission of uploaded document to completion of upload. Since upload speed can vary due to internet provider operations and size of upload file, the data transmission of the file data is not included in this measurement.
- Download: 15 seconds from request of the file to start of transmission.
- Other Product features and navigation: 10 seconds from feature request. Note that some process-intensive features may take longer than the page response time to complete, such as requests to reindex or clear a large work queue. Product will indicate the expected response time for these activities which are not measured as part of this SLA response time.
Return to Service (Incident Closure):
Company is committed to closing all incidents and returning to full operation as soon as reasonably practical after being notified of an incident or outage. Notification to Company may be via automated monitoring tools or via support contact from a customer via email, telephone, or online contact, whichever occurs first.
- Severity 1: Return to normal operations within 6 hours from notification.
- Severity 2: Return to normal operations within 12 hours from notification.
- Severity 3: Return to normal operations within 96 hours from notification.
Root Cause Analysis (RCA):
Company performs a root cause analysis (RCA) on every recorded incident that results in an outage or impairment of the system or Product. The goals of the RCA are to:
- Determine the cause of the incident
- Determine the best path to permanent recovery from the incident
- Plan activities to avoid recurrence of a similar incident
Upon request, Company will provide customers with a written RCA covering a SEV1 incident within three (3) days of the closure of the event. RCA is not provided to customers for non-SEV1 incidents. Due to the sensitive nature of security and infrastructure topics, some internal information may be omitted from the RCA as published.
Claim for Remedies under SLA:
When Company fails to perform under this SLA, a claim for remedies may be available. In order for the Company to consider the claim, you must submit your claim to Company in writing via US Mail by the end of the month following the incident start. For example, if Company receives notification of an outage on March 10th, any claims for that incident must be received by April 30th to be considered.
Include the following information in your claim for remedies:
- Product and account identification, such as license number or account email
- Start and end date for outage or impairment
- Detailed description of impairment or impact to your organization
- Approximate number of users impacted
- Descriptions of your attempts to resolve the incident via workarounds or contacts with Company
- Amount of remedy credit you reasonably believe is owed
Company will review your claim for remedies and make a good faith determination of the amount of remedies owed, if any, and will issue a prorated credit for remedies owed against your account at renewal. Remedies provided under this SLA are not issued as refunds.
The amount of potential remedy is calculated as the annual fee paid / 12 * the outage premium shown below:
- If the monthly availability is at least 99% the outage premium is 5%.
- If the monthly availability >=95% and less than 99% the outage premium is 10%.
- If the monthly availability is less than 95% the outage premium is 20%.
- If the monthly availability is less than 80% the outage premium is 50%.
For example, if the annual fee paid for a product is $500, there are 386 support hours in a given month, and the system is out of SLA compliance due to an unexpected outage that lasts 12 hours, the resulting calculation would be:
- Out of compliance for 96.9% of the support window
- $500 / 12 * 10% = $4.17
Please note that we use "support hours" in this calculation as it directly relates to the critical time frame where we expect business operations to be performed. You can approximate the same calculation using calendar hours (24 * number of days in the month) which may sometimes produce a higher availability percentage and a lower remedy calculation.
Availability and outage remedies are calculated on a cumulative monthly basis. For example, if there are three one-hour incidents in a single month, that is measured the same as one three-hour incident. For incidents that span across a month end, the incident may be counted in either month that results in a higher remedy for the customer, but one incident cannot be counted in both months.
Attention: SLA Claims
102 W. 2nd Street
Fort Scott, KS 66701
This SLA does not apply to any performance or availability issues that:
- Are due to factors outside of reasonable Company control, such as natural disasters, war, acts of terrorism, riots, government actions, and network or device failures not related to the Company data center in use to provide services.
- That result from use of services not provided directly by Company, such as inadequate bandwidth or unreliable responses caused by an internet service provider.
- Caused by your continued use of Product in a manner outside of normal usage provisions outlined in our online materials or when advised by Company.
- Usage of Product during a beta, pre-release, or trial agreements.
- Are the result of unauthorized action or lack of action by you or your employees, agents, contractors or other affiliates to gain unauthorized action to the Product or to fail to protect access to the Product.
- That are the result of your attempts to perform operations that would result in an Incident by use of automated or manual tools, hacking attempts, or other disruptive and abusive usage patterns. This SLA does not apply should Company suspect such behavior and need to limit an account's access or throttle any activities due to suspected abuse.
- That are due to activities performed outside of the Support Window. Although the Company expects full operations 24x7, this SLA covers only activities and usage during the Support Window.
- For any Product licenses not fully paid at the time of access. For example, if the Product fails during purchase or extension due to an external payment provider failure it is not covered by this SLA since the license is not yet fully paid and active.
Please read these terms and conditions carefully before using Our Service or placing an Order for Goods or Services with Spyder, Inc.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Spyder, Inc., 102 West 2nd Street, Fort Scott, KS 66701.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
- Goods refer to the items offered for sale on the Service, including electronic Goods or Services.
- Orders mean a request by You to purchase Goods from Us.
- Promotions refer to contests, sweepstakes or other promotions offered through the Service.
- Service and Website refers to the online properties made available by Spyder, typically through www.spyderloop.com
- Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Placing Orders for Goods & Services
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts. For purposes of this agreement "Goods" refers to physical or digital items and "Services" refers to electronic services or work that you engage Company to fulfill. You agree that your Order is an offer to buy, under these Terms and Conditions, all Goods provided by the Service in your Order.
If You wish to place an Order for Goods or Services available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
All Orders must be accepted by Us or We will not be obligated to sell the Goods to you. We may choose not to accept Orders at our sole discretion, even if you receive a communication confirming your Order. We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods or Service you purchase can only be cancelled by You prior to fulfillment of the order or returned in accordance with these Terms and Conditions and Our Returns Policy.
For physical Goods, you may return the product for a refund as long as the Goods are received by us in original condition and are not personalized, altered, or otherwise customized. Your refund will be issued by us in the same method of payment as You used for the Order.
For electronic Goods or Services, you may cancel within the terms of the individual product offering so long as the Service has not commenced or the electronic Goods have not been delivered.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Company will contact You in the event of any product or pricing discrepancies, or any regulatory matter involved in fulfilling Your Order. Company will make an attempt to correct the issue prior to fulfillment of the Order, and may waive any price change, cancel the Order, or return the Order to you for approval of an adjustment. In no circumstances will the Company charge more for Goods or Services than agreed to without Your express consent.
All prices, discounts, and promotions are subject to change without notice. The price charged for a Good or Service will be the price in effect at the time the Order is placed. All Goods and Services purchased are subject to a one-time payment, which may recur for a subscription-based purchase. Payment can be made through various payment methods available on our site, such as Visa, MasterCard, American Express, Discover or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Your payment information will be protected by the Company and used only for fulfillment of the Order you have agreed to. Unless directed by you in conjunction with a subscription order, payment information is not stored by Company and cannot be retrieved or recreated after the Order is processed.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis which is typically annually.
At the end of each subscription period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. Company will provide electronic notice to You prior to renewing your subscription.
You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.
Some Services may include storage of Your electronic media, files, or other data that You have provided to the Company. At the termination or cancelling of a subscription-based Service, You will be provided with 30 days access to retrieve such media and this access period may be extended as a courtesy by Company for up to 90 days after cancellation. After the access period, your electronic media or information will be destroyed and cannot be recovered.
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating with instructions for supplying a new payment method. Failure to provide adequate payment for Goods or Services will result in cancelling of your Order or subscription.
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company. Note that all refunds are subject to a bank processing fee of up to 3% that may be deducted from the refunded amount.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service, a Third-Party Social Media Service, or another entity used by Company to provide authentication, such as Google or Microsoft.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other laws of the United States and possibly other foreign countries although the Goods and Services are not authorized for use outside of the United States.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for Goods Ordered through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states 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. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Company intends that the Website or Service will be available online continuously and without interruption 24 hours per day, every day of the year. As with most electronic properties, certain planned or unplanned maintenance operations may occur that may make the Website or Service unavailable for a period of time. Company will limit these service disruptions the the best of the Company's ability and may provide notice of any planned outages, but does not guarantee the uninterrupted operation of the systems.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The Website is operated from the United States and Goods and Services are only authorized for use inside the United States. The laws of the State of Kansas, excluding conflict of law rules (whether of the State of Kansas or another jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Kansas, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Contact information can be found on Company's Website and is also referenced at end of this document.
(a) YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF GOODS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b)The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
(c) You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR THE COMPANY WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY . The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
You will not assign any of Your rights or delegate any of Your obligations under these Terms and Conditions without Our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves You of any of your obligations under these Terms and Conditions.
No Third-Party Beneficiaries
These Terms and Conditions do not and are not intended to confer any rights or remedies upon any person other than You.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: email@example.com
- By visiting this page on our website: https://www.spyderloop.com/contact