Terms

Threadit Terms of Service

This Threadit Terms of Service (the "TOS") is entered into between Threadit and the person or entity agreeing to these terms ("Customer"). "Threadit" means Threadit, a Google Area 120 project, with offices at 1600 Amphitheatre Parkway, Mt. View, CA 94043. This TOS is effective as of the date you begin to use the Threadit Service (the "Effective Date").

If you are accepting as an individual, the term "Customer" means you individually.

If you are accepting on behalf of your employer or another entity:

• the term "Customer" means that employer or entity;

• You will be considered to be an End User of that Customer; and

• you represent and warrant that:

(i) Customer  has authorized you to use Threadit;
(ii) you have full legal authority to bind Customer to these terms;
(iii) you have read and understand this TOS; and
(iv) you agree to this TOS on behalf of Customer.

• If you don't have the legal authority to bind Customer, please do not click the "I Accept" button below (or, if applicable, do not sign this TOS).

1. Governing Terms of Service for Individual Customers

           1.1 Your use of Threadit is subject to the online Google Terms of Service found at https://policies.google.com/terms. Other than Sections 1.1 through 1.6, this TOS does not apply to your use of the Services.

           1.2 Threadit may make changes to the Service or the Terms at any time, which may include adding,updating, or discontinuing any Service or portions of feature(s) of the Service. 

           1.3 You will comply with the Acceptable Use Policy (AUP) found in Schedule 1 to this TOS.

           1.4 You may not use the Threadit Service if you are under the age of consent in your jurisdiction. Age of consent information can be found here: https://support.google.com/accounts/answer/1350409 

           1.5 The Service is provided by Google LLC located at 1600 Amphitheatre Parkway, Mountain View, CA 94043 USA, unless you are located in a European Union member state, the European Economic Area, and Switzerland, or the United Kingdom, where the Service is provided by Google Ireland Limited, located at Gordon House, Barrow Street, Dublin 4, Ireland, in which case this Terms Summary applies.

           1.6 Threadit is not available for use in the following countries:
           • China, Syria, Iran, Cuba, and North Korea 
           • South Korea

2. Governing Terms of Service for All Customers Other than Individuals

           2.1 Customer's use of Threadit is subject to this entire TOS (except Section 1.1). 

           2.2 Threadit may make changes to the Service or the Terms at any time, which may include adding, updating, or discontinuing any Service or portions of feature(s) of the Service. 

           2.3 No Customer may allow an End User to sign up for or use the Threadit Service if the End User is under the age of consent in their jurisdiction. Age of consent information can be found here: https://support.google.com/accounts/answer/1350409.

3. Customer Usage

           3.1 End User Accounts. Customer is authorized to use and to allow End Users to use the Threadit Service in accordance with this TOS. All End Users are subject to the same terms as are stated as applicable to Customers, and Customer is responsible for the management of all use of the Threadit Service by its End Users. Customer will obtain and maintain all required consents to permit:

           (i) Customer's, and its End Users' if applicable, use of the Service; and

          (ii) accessing, storing, and processing of Customer Data under this TOS. Customer is responsible for:

          (a) maintaining the confidentiality and security of the End User Accounts associated passwords; and

           (b) any use of the End User Accounts. Customer agrees that Threadit's responsibilities do not extend to the internal management or administration of the Services for Customer or any End Users.

           3.2 Customer Obligations. Customer will (a) ensure that Customer and its End Users' use of the Services, including all access to and use of Customer Data by it and its End Users, complies with this TOS and with any applicable terms or policies, including any employment contracts or employer's policies regarding technology usage, security, or confidentiality; (b) use commercially reasonable efforts to prevent unauthorized access or use of the Services; and (c) promptly notify Threadit of any unauthorized use of, or access to, the Services of which Customer becomes aware.

4. Customer Data

           4.1 Facilities and Data Transfer. All facilities used to store and process Customer Data will adhere to reasonable security standards no less protective than the security standards at facilities where Threadit stores and processes its own information of a similar type. 

           4.2 All Customer Data will be collected, stored, and used in accordance with the Threadit Privacy Policy.

           4.3 As part of providing the Service, Threadit may transfer, store, and process Customer Data in the United States or any other country in which Threadit or its affiliates or agents maintain facilities. By using the Service, Customer consents to this transfer, processing, and storage of Customer Data. Threadit will store Customer Data (which may include video and/or audio data, including information extracted from either), collected from user devices, in protected Threadit infrastructure. All Customer Data is stored under an access control list that limits access only to that user, those with whom the data has been shared, and theThreadit core team. 

           4.4 Upon an End User leaving the employment of or association with Customer, Customer should advise Threadit of such a change. Upon Threadit's receipt of such notice, all Customer Data  associated with that End User will be deleted and the End User's access to the Services will terminate.

5. Use Restrictions

           5.1 Customer will not, and will not allow End Users or third parties under its control to: 

           (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or            otherwise attempt to extract any of the source code of the Service (except to the extent such restriction is            expressly prohibited by applicable law); 

           (b) sublicense, transfer or distribute any of the Service; 

           (c) sell, resell, or otherwise make the Service available to a third party as part of a commercial offering that            does not have material value independent of the Service; 

           (d) allow children under the age of 13 years to use the Service or be included in Customer Data (including            video or audio);  or 

           (e) access or use the Service: 

                      (i) for High Risk Activities; 
                      (ii) in a manner intended to avoid incurring Fees (if applicable); 
                      (iii) for materials or activities that are subject to the International Traffic in Arms Regulations (ITAR)                       maintained by the United States Department of State; 
                      (iv) in a manner that breaches, or facilitates the breach of, Export Control Laws; 
                      (v) to transmit, store, or process health information subject to United States HIPAA regulations; or
                      (vi) to transmit, store, or process personal financial information belonging to Customer’s own                       customers. 

           5.2 Customer will comply with the Acceptable Use Policy (AUP) found in Schedule 1 to this TOS.

6. Suspension

           6.1 AUP Violations. If Threadit becomes aware that Customer's or any End User's use of the Service violates the AUP, Threadit may Suspend all or part of Customer's use of the Service until the violation is corrected. Suspension of the Service may include removal or unsharing of content that violates the AUP.

           6.2 Other Suspension. Notwithstanding Section 6.1 (AUP Violations) Threadit may immediately Suspend all or part of Customer’s use of the Service if: (a) Threadit believes Customer's or any Customer End User's use of the Service could adversely impact the Service, other customers' or their end users' use of the Service, or the Threadit network or servers used to provide the Service; (b) there is suspected unauthorized third-party access to the Service; (c) Threadit believes it is required to Suspend immediately to comply with applicable law; (d) the Customer or its End User has had their Google account suspended or terminated; or (e) Customer is in breach of Section 4 (Use Restrictions). Threadit will lift any such Suspension when the circumstances giving rise to the Suspension have been resolved. At Customer’s request, unless prohibited by law, Threadit will notify Customer of the basis for the Suspension.

7. Termination

           7.1 Termination by Customer. Customer must notify Threadit in writing if it wishes to terminate use of the Threadit Service. Threadit will work with Customer to take the appropriate steps in response to such a notification.

           7.2 Termination by Threadit.

                      7.2.1 For Breach. Google may terminate provision of the Threadit Service to Customer with immediate effect if Customer is in material breach of the TOS. At Customer’s request, unless prohibited by law, Threadit will notify Customer of the basis for the termination.

                      7.2.2 For Inactivity. Threadit reserves the right to terminate the provision of the Threadit Services upon 30 days advance notice if, for a period of 60 consecutive days, Customer (including any End Users) has not used the Services.

                      7.2.3 For Convenience. Threadit may terminate the availability of the Service at any time. Customers and End Users will be given reasonably practicable advance notice of such a shutdown, where possible.

           7.3 Effects of Termination. If the Service is terminated, then all rights and access to the Services under the TOS will terminate (including access to Customer Data).

8. Fees. Threadit is currently offered free of charge, subject to change via notification to Customers using the Service under this TOS. In the event that charges are set for any Services, Threadit  will provide appropriate notice and the option to accept the new charges or discontinue the use of the Service.

9. Intellectual Property Rights

           9.1 Intellectual Property Rights. Except as expressly stated in the TOS, the TOS does not grant either party any rights, implied or otherwise, to the other’s content or Intellectual Property. As between the parties, Customer retains all Intellectual Property Rights in Customer Data, and Threadit retains all Intellectual Property Rights in the Service.

           9.2 Feedback. At its option, Customer (itself or via its End Users) may provide Feedback about the Service to Threadit. If Customer or one of its End Users provides Feedback, then Customer assigns to Threadit all right, title, and interest in that Feedback.

10. Confidentiality

           10.1 Obligations. Subject to Section 10.2 (Disclosure of Confidential Information) the recipient will use the other party's Confidential Information only to exercise rights and fulfill obligations under this TOS. The recipient will use reasonable care to protect against disclosure of the other party's Confidential Information to other parties other than the recipient's employees, Affiliates, agents, or professional advisors ("Delegates") who need to know it and who have a legal obligation to keep it confidential. The recipient will ensure that its Delegates are also subject to the same non-disclosure and use obligations.

           10.2 Disclosure of Confidential Information. Regardless of any other provision in the TOS, the recipient or its Affiliates may disclose the other party’s Confidential Information (i) in accordance with a Legal Process, or (ii) with the other party's written consent. The recipient will use commercially reasonable efforts to notify the other party before disclosing that party’s Confidential Information in accordance with Legal Process. Notice is not required before disclosure if the recipient is informed that (i) it is legally prohibited from giving notice or (ii) the Legal Process relates to exceptional circumstances involving danger of death or serious physical injury.The recipient and its Affiliates will comply with the other party's reasonable requests to oppose disclosure of its Confidential Information.

11. Marketing and Publicity. Threadit may state that Customer is a Threadit customer in promotional materials. Customer may not engage in any marketing activities related to or discussing its use of Threadit.

12. Representations, Warranties and Disclaimers

           12.1 Representations and Warranties. Each party represents that it: (a) has full power and authority to enter into the TOS; and (b) will comply with all laws and regulations applicable to its provision, or use, of the Services, as applicable.

           12.2 Disclaimers. Except as expressly provided for in the TOS, to the fullest extent permitted by applicable law, Threadit (a) does not make any other warranties of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, noninfringement, or error-free or uninterrupted use of the Services; and (b) makes no representation about content or information made accessible through the Services.

13. Liability

           13.1 Limited Liabilities. To the extent permitted by applicable law and subject to Section 13.2 (Unlimited Liabilities), neither party will have any liability arising out of or relating to the TOS for any: (i) lost revenues, profits, savings or goodwill; or (ii) indirect, special, incidental, consequential, or punitive damages. Each party’s total liability for damages arising out of or relating to the TOS is limited to the fees, if any, paid by Customer under the TOS during the 12 month period before the event giving rise to liability.

           13.2 Unlimited Liabilities. Nothing in the TOS excludes or limits either party’s liability for: (a) death, personal injury or tangible personal property damage resulting from its negligence or the negligence of its employees or agents; (b) its fraud or fraudulent misrepresentation; (c) obligations under Section 14 (Indemnification); (d) its infringement of the other party’s Intellectual Property Rights; (e) its payment obligations under the TOS; or (f) matters for which liability cannot be excluded or limited under applicable law.

14. Indemnification

           14.1 Threadit Indemnification Obligations. Threadit will defend Customer and its Affiliates participating under this TOS (“Customer Indemnified Parties”), and indemnify them against Indemnified Liabilities in any third-party legal proceeding to the extent arising from an allegation that Customer Indemnified Parties' use in accordance with this TOS of any of Threadit Service infringes the third party's Intellectual Property Rights.

           14.2 Customer Indemnification Obligations. Unless prohibited by applicable law, Customer will defend Threadit and its Affiliates and indemnify them against Indemnified Liabilities in any third-party legal proceeding to the extent arising from: (a) any Customer Data; or (b) Customer’s or an End User’s use of the Threadit Service in violation of the AUP or the Use Restrictions.

           14.3 Indemnification Exclusion. Sections 14.1 and 14.2 will not apply to the extent the underlying allegation arises from the indemnified party’s breach of the TOS.

           14.4 Indemnification Conditions. Sections 14.1 and 14.2 are conditioned on the following:

                      14.4.1 The indemnified party must promptly notify the indemnifying party in writing of any allegation(s) that preceded the third-party legal proceeding and cooperate reasonably with the indemnifying party to resolve the allegation(s) and third-party legal proceeding. If breach of this Section 14.4.1 prejudices the defense of the third-party legal proceeding, the indemnifying party’s obligations under Sections 14.1 or 14.2 (as applicable) will be reduced in proportion to the prejudice.

                      14.4.2 The indemnified party must tender sole control of the indemnified portion of the third-party legal proceeding to the indemnifying party, subject to the following: (i) the indemnified party may appoint its own non-controlling counsel, at its own expense; and (ii) any settlement requiring the indemnified party to admit liability, pay money, or take (or refrain from taking) any action, will require the indemnified party’s prior written consent, not to be unreasonably withheld, conditioned, or delayed.

           14.5 Remedies. If Threadit reasonably believes the Service might infringe a third party’s Intellectual Property Rights, then Threadit may, at its sole option and expense: (i) procure the right for Customer to continue using the Service; (ii) modify the Service to make them non-infringing without materially reducing their functionality; or (iii) replace the Service with a non-infringing, functionally equivalent alternative. If Threadit does not believe the remedies in this Section 14 are commercially reasonable, then Threadit may suspend or terminate the impacted Service.

           14.6 Sole Rights and Obligations. Without affecting either party's termination rights, this Section 14 states the parties' sole and exclusive remedy under this TOS for any third party allegations of Intellectual Property Rights Infringement covered by this Section.


15. Miscellaneous

           15.1 This TOS is governed by California law, excluding California’s choice of law rules. FOR ANY DISPUTE RELATING TO THIS TOS, THE PARTIES CONSENT TO PERSONAL JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE COURTS IN SANTA CLARA COUNTY, CALIFORNIA, except that either party may seek injunctive relief in any court of competent jurisdiction worldwide.

           15.2 Customer understands and agrees that use of the Services is completely voluntary.  Customer understands and agrees that Customer does not have a partnership or employer-employee relationship with Threadit.

           15.3 Threadit may subcontract any of its obligations but will remain liable to Customer for any subcontracted obligations.

           15.4 Customer’s rights and obligations under this TOS are specific to Customer, and Customer cannot assign them to anyone else. Threadit may freely assign or delegate its rights and obligations under this TOS.

           15.5 Failure to enforce any provision of this TOS will not constitute a waiver.

           15.6 Survival. The following Sections will survive expiration or termination of this TOS: Section 7.4 (Effects of Termination), 9 (Intellectual Property Rights), 10 (Confidentiality), 12 (Representations, Warranties and Disclaimers), 13 (Liability), 14 (Indemnification), 15 (Miscellaneous) and 16 (Definitions).


16. Definitions

           16.1 “Confidential Information” means information that one party (or its affiliate) discloses to the other party under the TOS, and that is marked as confidential or would normally be considered confidential information under the circumstances. Customer Data is Customer’s Confidential Information. Confidential Information does not include information that is independently developed by the recipient, is shared with the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.

           16.2 “Customer Data” means data submitted, stored, sent or received via the Service by Customer or End Users.

           16.3 “End Users” means the individuals that Customer permits to use the Service.

           16.4 “End User Account” means a Threadit-hosted account established by Customer for an End User to use the Service.

           16.5 “Export Control Laws” means all applicable export and re-export control laws and regulations, including (a) the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, (b) trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, and (c) the International Traffic in Arms Regulations (“ITAR”) maintained by the U.S. Department of State.

           16.6 “Feedback” means feedback or suggestions about the Service provided to Threadit by Customer.

           16.7 “High Risk Activities” means activities where the use or failure of the Service could lead to death, personal injury, or environmental damage, including operation of nuclear facilities, air traffic control, life support systems, or weaponry.

           16.8 “HIPAA” means the Health Insurance Portability and Accountability Act of 1996, as may be amended from time to time, and any regulations issued thereunder.

           16.9 “Indemnified Liabilities” means any (i) settlement amounts approved by the indemnifying party; and (ii) damages and costs finally awarded against the indemnified party by a court of competent jurisdiction.

           16.10 "Intellectual Property" or "IP" means anything protectable by an Intellectual Property Right.

           16.11 “Intellectual Property Rights” means all patent rights, copyright, rights in trade secret (if any), trademark rights, design rights, database rights, domain name rights, moral rights, and any other intellectual property rights (registered or unregistered) throughout the world.

           16.12 “Legal Process” means an information disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.

           16.13 “Service” means the Threadit Service.

           16.14 “Threadit Service” means Threadit generally and any features included as part of Threadit.


Schedule 1
Threadit Acceptable Use Policy


The policies listed below play an important role in maintaining a positive experience for our users. We need to curb abuses that threaten our ability to provide this service, and we ask that everyone abide by the policies below to help us achieve this goal.

These policies apply to Threadit. When applying these policies, we may make exceptions based on educational, documentary, scientific, or artistic considerations, or where there are other substantial benefits to the users of the service. Be sure to check back from time to time, as these policies may change.

Report Abuse

If you believe that someone is violating the policies found below, report abuse by using the "Report Abuse" option, found in the three-dot menu for the applicable Threadit video.

Policies

           A. Child Sexual Abuse and Exploitation. Do not use Threadit to create, upload, or distribute content that exploits or abuses children. This includes all child sexual abuse materials. More broadly, Threadit prohibits the use of our product to endanger children. This includes but is not limited to predatory behavior towards children such as:

• 'Child grooming' (for example, befriending a child online to facilitate, either online or offline, sexual contact and/or exchanging sexual imagery with that child);

• 'Sextortion' (for example, threatening or blackmailing a child by using real or alleged access to a child's intimate images);

• Sexualization of a minor (for example, imagery that depicts, encourages or promotes the sexual abuse of children or the portrayal of children in a manner that could result in the sexual exploitation of children); and

• Trafficking of a child (for example, advertising or solicitation of a child for commercial sexual exploitation).  

We will take appropriate action, which may include reporting to the National Center for Missing & Exploited Children, limiting access to product features, and disabling accounts. If you believe a child is in danger of or has been subject to abuse, exploitation, or trafficking, contact the police immediately.

           B. Circumvention. Do not engage in actions intended to bypass our policies or subvert restrictions placed on your account. This includes the creation or use of multiple accounts or other methods intended to engage in a behavior that was previously prohibited.

           C. Dangerous & Illegal Activities. Do not use Threadit to promote, organize, or engage in illegal activities or activities that cause serious and immediate physical harm to people or animals.

           D. Fraud, Phishing, and Other Deceptive Practices. Do not use Threadit for phishing. Refrain from soliciting or collecting sensitive data, including but not limited to passwords, financial details, and Social Security numbers. Do not use Threadit to trick, mislead, or deceive other users into sharing information under false pretenses. Do not impersonate another person or otherwise misrepresent yourself with the intent to deceive, mislead, or defraud.

           E. Harassment, Bullying, & Threats. Do not harass, bully, or threaten others. We also don't allow this product to be used to engage or incite others in these activities. Keep in mind that online harassment is illegal in many places and can have serious offline consequences for both the harasser and the victim. We may take appropriate action if we are notified of threats of harm or other dangerous situations, which may include reporting you to the relevant authorities.

           F. Hate Speech. Do not engage in hate speech. Hate speech is content that promotes or condones violence against or has the primary purpose of inciting hatred against an individual or group on the basis of their race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.

           G. Malware & Similar Malicious Content. Do not transmit malware or any content that harms or interferes with the operation of the networks, servers, end user devices, or other infrastructure. This includes the direct hosting, embedding, or transmission of malware, viruses, destructive code, or other harmful or unwanted software or similar content. This also includes content that transmits viruses, causes pop-ups, attempts to install software without the user’s consent, or otherwise impacts users with malicious code.

           H. Personal and Confidential Information. Do not share or distribute other people's personal or confidential information without authorization. ​This includes the use of sensitive information, such as U.S. Social Security numbers, bank account numbers, credit card numbers, images of signatures, and personal health documents. In most cases where this information is broadly available elsewhere on the internet or in public records, like national ID numbers listed on a government website, we generally don't process enforcement actions.

           I. Regulated Goods & Services. ​Do not sell, advertise, or facilitate the sale of regulated goods and services. Regulated goods and services include alcohol, gambling, pharmaceuticals, unapproved supplements, tobacco, fireworks, weapons, or health/medical devices.

           J. Sexually Explicit Content. Do not share or distribute content that contains sexually explicit material, such as nudity, graphic sex acts, and pornographic content. This includes driving traffic to commercial pornography sites. We allow content for educational, documentary, scientific, or artistic purposes.

           K. Spam. Do not spam. This may include unwanted promotional or commercial content, unwanted content that is created by an automated program, unwanted repetitive content, nonsensical content, or anything that appears to be a mass solicitation.

           L. System Interference. Do not abuse this product and do not harm, degrade, or negatively affect the operation of networks, devices, or other infrastructure. This includes degrading, disabling, or negatively interfering with any aspect of the product or its services.

           M. Terrorist Content. Terrorist organizations are not permitted to use this product for any purpose, including recruitment. We’ll also take action against organizers or participants for content related to terrorism, such as promoting terrorist acts, inciting violence, or celebrating terrorist attacks.

           N. Violence & Gore. Do not share or distribute violent or gory content involving real-life people or animals that's primarily intended to be shocking, sensational, or gratuitous. This includes ultra-graphic violence, such as dismemberment or close-up footage of mutilated corpses. Graphic violence, such as content containing significant amounts of blood, may be allowed in an educational, documentary, scientific, or artistic context, but please be mindful to provide enough information to help people understand the context. In some cases, content may be so violent or shocking that no amount of context will allow that content to remain on our platforms. Lastly, don't encourage others to commit specific acts of violence.