From everyone at Fabled Sky Research, thank you for using our products! We build them to help you do your best work. There are millions of people using Fabled Sky Research products every day. Because we do not know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Fabled Sky Research AKA Fabled Sky LLC. We spun off The BTLF Group (Formerly, “Birds Think Like Flowers”) in the past, but it has since rejoined Fabled Sky Research under our official name “Fabled Sky LLC”.

When we say “Services”, we mean any product or specialized service created and maintained by Fabled Sky Research. That includes Fabled Sky Research (all versions), whether delivered within a web browser, desktop application, mobile application, or another format.

We may update these Terms of Service in the future. Typically, these changes have been to clarify some of these terms by linking to an expanded related policy.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That is true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate of any of the terms, we may terminate your account. That is a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are, how we work, and keeping an open door to your feedback.

Account Terms

You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up strong passwords and two-factor authentication (if available) for added security. In some of our Services, we may require it.
You may not use the Services for any purpose outlined in our Use Restrictions policy.
You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Use Restrictions

Hundreds of thousands of teams use Fabled Sky Research products. We are proud to give them a better way to work. We also recognize that technology is an amplifier: it can enable the helpful and the harmful. That is why we have established this policy. If you have an account with any of our products, you cannot use them for any of the restricted purposes listed below. If we find out you are, we will take action.

Restricted purposes

Child exploitation, sexualization, or abuse: We do not tolerate any activities that create, disseminate, or otherwise cause child abuse. Keep away and stop. Just stop.
Doxing: If you are using Fabled Sky Research products to share other peoples’ private personal information for the purposes of harassment, we do not want anything to do with you.
Infringing on intellectual property: You cannot use Fabled Sky Research products to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.
Malware or spyware: Code for good, not evil. If you are using our products to make or distribute anything that qualifies as malware or spyware — including remote user surveillance — begone.
Phishing or otherwise attempting fraud: It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others.
Spamming: No one wants unsolicited commercial emails. We do not tolerate folks (including their bots) using Fabled Sky Research products for spamming purposes. If your emails don’t pass muster with CAN-SPAM or any other anti-spam law, it’s not allowed.
Violence, or threats thereof: If an activity qualifies as violent crime in the United States or where you live, you may not use Fabled Sky Research products to plan, perpetrate, or threaten that activity.

We have outlined these restrictions to be clear about what we will not stand for. That said, this list is by no means exhaustive. We will make changes over time.

How to report abuse

See someone using a Fabled Sky Research product for one of the restricted purposes? Let us know by emailing [email protected] and we will investigate. If you are not 100% sure, report it anyway.

Please share as much as you are comfortable with about the account, the content or behavior you are reporting, and how you found it. Sending us a URL or screenshots is super helpful. If you need a secure file transfer, let us know and we will send you a link. We will not disclose your identity to anyone associated with the reported account. For copyright cases, we have outlined extra instructions on how to notify us about infringement claims.

Someone on our team will respond within one business day to let you know we have begun investigating. We will also let you know the outcome of our investigation (unless you ask us not to or we are not allowed to under law).

Payment, Refunds, and Plan Changes

If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
All fees are exclusive of all , levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. See our Taxes policy for more details. Otherwise, you are responsible for payment of all taxes, levies, or duties.
We process refunds according to our Fair Refund policy.

Cancellation and Termination

You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. You can find instructions for how to cancel your account in our Cancellation policy. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact our Support team at [email protected].
All of your content will be inaccessible from the Services immediately upon cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Fair Refund policy for more details.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Use Restrictions policy.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Non-Payment of Invoices and Chargebacks

Some of our services are billed after completion. This is typically the case for custom projects that require specifications for work to be completed. Work under this category will typically be billed via an invoice from Stripe, one of our payment processors, or a bank wire / ACH if the amount is over $5,000 USD.
For any work billed via an invoice, you, as a client of Fabled Sky Research, are given a 15-day grace period to settle any outstanding invoices sent electronically to you from us.
The 15-day grace period is provided both as a courtesy, and a means to establish an amicable relationship between Fabled Sky Research and its clients. While we prefer all invoices be paid upon receipt, we understand this is not always possible and provide the grace period as such.
In the event payment for an outstanding invoice is not received by the date listed on the said invoice, we reserve the right to charge a 2% penalty on the original invoiced balance for every seven (7) day period following the due date listed on the invoice. E.g., If a $10,000 invoice is due on the 1st of the month and remains unpaid, the new balance becomes $10,200 on the 8th day—$ 10,400 on the 15th day, and so on. This penalty is issued to cover the additional overhead costs that result with payments not issued on time, E.g. factoring charges, payroll floats, interest payments on debt financing, etc.
If an invoice remains unpaid twenty-eight (28) days following the due date listed, any and all work performed under that invoice can no longer be used by you and becomes the sole property of Fabled Sky Research. At our discretion, we may then use this work internally, license it for commercial use to another client, or offer it to the public via a CC BY-NC 4.0 license.
Any Non-Disclosure Agreements (NDAs), Non-Compete Agreements, and any other contracts signed by us as it pertains to your company and the products and services you offer are void and nullified if a period of twenty-eight (28) days have passed in which we have not received payment for any outstanding balances listed on an invoice sent to you, based on the due date of the earliest unpaid invoice.
In the event of a credit card chargeback or similar functional mechanism in which you revert payment of previously paid funds for our services, we treat such circumstances as an unpaid invoice, subject to all of the same terms listed in this section.

Modifications to the Service and Prices

We make a promise to our customers to support our Services. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days’ notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services but do take uptime of our applications seriously.
We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we will reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted. Please refer to our Security Overview for full details.
When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Fabled Sky Research may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:

To help you with support requests you make. We will ask for express consent before accessing your account.
To safeguard Fabled Sky Research. We will look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
To the extent required by applicable law.

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data in our subprocessors section.
Under the California Consumer Privacy Act (“CCPA”), Fabled Sky Research is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service, Privacy policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the other side, you agree to comply with your requirements under the CCPA and not use Fabled Sky Research’s Services in a way that violates the regulations.

Copyright and Content Ownership

All content posted on the Services must comply with U.S. copyright law. We provide details on how to file a copyright infringement claim.
We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
We do not pre-screen content but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please email [email protected] requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we do not guarantee completely error-free Services.

Services Adaptations and API Terms

We offer Application Program Interfaces (“API”s) for some of our Services (currently Fabled Sky Research, Highrise, Campfire, and Backpack). Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:

You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user’s activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this bylaw. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Taxes!

We are required to collect and remit sales tax in a number of US states and localities. Not all states tax the sale of software as a service (SaaS), but it is becoming increasingly common. The rate being collected on your invoice is determined by your billing address and, in certain jurisdictions, whether you are using our products for business/commercial or personal purposes. As regulations change, we will update this list.

Updating your billing address

If you need to change your billing information because you do not actually reside in a taxable jurisdiction, you can easily handle that within your accounts. You may need to re-enter your credit card information as part of the billing address update.

We are here to help

Please contact our Support team at [email protected] if you have trouble or if:

you believe you are being charged in error.
your organization is sales tax exempt. Include your tax-exempt certificate and your product account ID or domain when you email Support. If you are based in the US, please share your state-specific tax-exempt documentation as not all US federal (IRS) exemptions are recognized by each state. Your account information can typically be found in a URL when you are in the application.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.