First of all, thank you for choosing Top Performer!
Thank you for choosing Top Performer! Top Performer service (“Service”) is provided by Nebulaware, LLC. (“Nebulaware”). By using our Service, you are agreeing to these Terms of Service (“Terms”). Using the Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of the Organization. In that case, “you” and “your” may refer to the Organization. Please read these terms carefully before start using our Service.
Change of Terms of Service
From time to time, Nebulaware may modify existing terms and/or update these terms with additional terms that apply to the Service. For example, Nebulaware may modify existing terms to reflect any mandatory changes to the law. You should check the terms regularly to stay informed. Nebulaware will also post notice of modification to these Terms on this page or via the email address you registered with us. Note, changes will not apply retroactively and will become effective thirty (30) days after they are posted on our website. Changes addressing new functions for the Service or changes made for legal reasons may be effective immediately. You should discontinue your use of our Service if you do not agree with updated/modified Terms.
Your Content in Our Service
Our service allows you to upload, download and store content, including but not limited to, information, text, graphics, videos, audios, or other material (“Content”). You retain ownership of any intellectual property rights that you hold in that Content. When you upload, store, send or receive Content to or through our Service, you give Nebulaware and its service partners a worldwide license to host, store, upload and download this Content and only for the purpose of providing Service strictly to you and your use of the Content. We reserve our right at all times, but are not obligated, to remove or refuse to distribute any Content through the Service including your Content.
Software in Our Service
When the Service requires or includes downloadable software, this software may update automatically on your device once a new version or features become available to you. Some platforms may let you adjust your automatic update settings.
Nebulaware gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided by Nebulaware as part of the Service. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of the software, unless local laws prohibit those restrictions, or you have our written permission.
Modifying and Terminating Our Service
Nebulaware may add or remove functionalities or features in the normal course of improving, changing, and/or updating the Service. We may also suspend or stop our Service with at least thirty (30) days notice prior to the complete shutdown of our Service. Accounts with active subscriptions will be able to finish their purchased subscription.
You can choose to stop using our Service at will. We may also stop providing Service to you, or add or create new limitations to our Service at any time as detailed in the Terms.
You may access your Service data via the Application Program Interface (“API”). By using API, you are automatically bound by the Terms.
Using Our Service
You must follow any policies made available to your within the Service. You may only use our Service as permitted by law. Nebulaware may investigate and/or suspend or terminate our Service to you at any time if we find your use of our Service violates the Terms and/or any policies.
Using our Service does not grant you ownership of any intellectual property rights in our Service or the content you may have access to. You may not use any copyrighted content in our Service unless you obtain permission from the content owner and/or are otherwise permitted by law. The Terms do not grant you the right to use any branding or logos used in our Service. Our Service may display some logos, trademarks, or branding materials that is not the property of Nebulaware. These types of content are the sole responsibility of the entity that makes it available.
You must not abuse and/or misuse our Service, including but not limited to, doing the following things:
- Using the Service for any unlawful purposes or activities;
- Uploading any content to the Service in violation of any applicable law, including but not limited to, intellectual property laws and publicity laws;
- Sending unsolicited promotions or advertisements;
- Accessing or tampering with the Service’s server systems;
- Interfering with or disrupting the access of any user, host, or network;
- Abusing or submitting excessively frequent requests to the Service via the API.
Nebulaware, in its sole discretion, will determine abuse and/or misuse of our Service.
Subscription and Payments
All Top Performer accounts require an active subscription (“Premium”) to access your account and content. Each payment will be run 30 days after the last payment. In the event of a lapse billing or auto renew is suspended, the billing date may change.
All new accounts are automatically given a free trial of Premium after sign up is completed. After the free trial period, if you choose not to purchase Premium, you will not be able to access your account until Premium is purchased. You will be charged with the amount shown on Pricing before you can access Premium. All prices shown on Pricing are inclusive of any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
BY PURCHASING PREMIUM YOU EXPRESSLY UNDERSTAND AND AGREE TO OUR REFUND POLICY:
WITHIN THIRTY (30) DAYS OF YOUR FIRST PREMIUM PAYMENT DATE AS SHOWN ON YOUR PAYMENT BILL, YOU CAN REQUEST A FULL REFUND BY CONTACTING US. NO REFUND OF ANY KIND WILL BE PERMITTED AFTER THIRTY (30) DAYS OF YOUR PREMIUM PAYMENT DATE.
Limited Liability for Our Service
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS AVAILABLE “AS IS”. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
WHEN PERMITTED BY LAW, NEBULAWARE AND ITS SERVICE PARTNERS, LICENSORS, EMPLOYEES, AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY CIRCUMSTANCES.
YOUR USE AND/OR PURCHASE OF SERVICE ARE ALL AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS.
NEBULAWARE DOES NOT WARRANT THAT:
- THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS AT ALL TIMES;
- THE SERVICE WILL BE ERROR-FREE AND ALL ERRORS IN THE SERVICE WILL BE CORRECTED;
- THE SERVICE WILL BE UNINTERRUPTED.
ALL CONTENT DOWNLOADED, UPLOADED AND/OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR DEVICES, INCLUDING BUT NOT LIMITED TO, LAPTOP COMPUTERS, DESKTOP COMPUTER, TABLETS, SMARTPHONES AND SMARTWATCHES, OR ANY DATA LOSS RESULTING FROM DOWNLOAD OR USE OF ANY SUCH ABOVE MENTIONED MATERIAL.
Information gathering and usage
When registering for Top Performer we require certain information such as your name and email address. This is to be able to uniquely identify your account information. Once you start your subscription, you will be able to setup your credit card payments. Your information is only used internally and won’t be shared with others.