Terms of Service

Last updated: October 2024

On behalf of Prologue Labs, thank you for using our product! We build them to help you achieve your language goals. Because we don’t 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 Prologue Labs LLC. Prologue Labs was formed in 2024 to help connect language learners with the best technology on the planet.

When we say “Services”, we mean our websites, including and any product created and maintained by Prologue Labs, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service ("Terms") in the future. Typically these changes have been to clarify some of these terms by linking to an expanded related policy. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account. That’s 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 and keeping an open door to your feedback.

Account Terms

1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Services for any purpose outlined in our Use Restrictions policy.
3. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

1. 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. See our Cancellation policy for more details.
2. 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.
3. All fees are exclusive of all taxes, 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.
4. We process refunds according to our Fair Refund policy.

Cancellation and Termination

1. 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 canceling your account, you can always contact Support.
2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. We cannot recover this information once it has been permanently deleted. If you want to export any data before your account is canceled, contact Support.
3. 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.
4. 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, if there were hundreds of thousands of accounts, there could be 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.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

1. Sometimes it becomes technically impossible to continue a Service, feature or we may redesign a part of our Services because we think it could be better or we may 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.
2. 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

1. 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 we do take uptime of our applications seriously.
2. 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’ll 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.
3. 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.

4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Prologue Labs 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:

5. As needed to build or improve our products and Services.

6. To help you with support requests you make.
7. On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause to prevent the errors from recurring.
8. To safeguard Prologue Labs. We’ll 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.

9. To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-US authority approaches Prologue Labs for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Prologue Labs is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.

10. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

11. Under the California Consumer Privacy Act (“CCPA”), Prologue Labs 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, the 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 flip-side, you agree to comply with your requirements under the CCPA and not use our Services in a way that violates the regulations.
12. Until we create our policies as required by the GDPR, our products and Services are not available in territories or jurisdictions covered by those regulations.
13. We use Stripe for payments, analytics, and other business services. Stripe may collect personal data including via cookies and similar technologies. The personal data Stripe collects may include transactional data and identifying information about devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection, loss prevention, authentication, and analytics related to the performance of its services. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

Copyright and Content Ownership

1. All content posted on the Services must comply with U.S. copyright law.
2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. 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 logos or any Service logos for promotional purposes. We reserve the right to rescind any permissions if you violate these Terms.
5. 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 of 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 don’t guarantee completely error-free Services.

Services Adaptations and API Terms

We do not currently offer Application Program Interfaces (“API”s) our Services. Stay tuned! We would love to provide an API in the future.

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 these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

If you have a question about any of these Terms, please contact our Support team.

Adapted from Basecamp open-source policies / CC BY 4.0

Privacy policy

The privacy of your data is a big deal to us. In this policy, we lay out: what data we collect and why; how your data is handled; and your rights with respect to your data. We promise we never sell your data: never have, never will.

This policy applies to all products built and maintained by Prologue Labs LLC, and this policy applies to our handling of information about site visitors, prospective customers, and customers and authorized users (in relation to their procurement of the services and management of their relationship with Prologue Labs). We refer collectively to these categories of individuals as "you" throughout this policy.

However, this policy does not cover information about a customer’s end users that Prologue Labs receives from a customer, or otherwise processes on a customer’s behalf, in connection with the services provided by Prologue Labs to the customer pursuant to an applicable services agreement (including the content of messages of customer end users ("End User Communications")). Prologue Labs processes End User Communications under the instructions of the relevant customer, which is the "data controller" or "business" (or occupies a similar role as defined in applicable privacy laws), as described in the applicable services agreement between such customer and Prologue Labs. Prologue Labs’s obligations as a "data processor" or "service provider" with respect to such information are defined in such services agreement and applicable data protection addendum and are not made part of this policy.

If you are a customer’s end user and you have questions about how your information is collected and processed through the services, please contact the organization who has provided your information to us for more information.

If you are a California resident, please click here to see our California Notice at Collection, which includes additional disclosures as required by California law.

What we collect and why

Our guiding principle is to collect only what we need. Here’s what that means in practice:

Identity and access

When you sign up for a Prologue Labs product, we ask for identifying information such as your name, email address, and maybe a company name. That’s so you can personalize your new account, and we can send you product updates and other essential information. We may also send you optional surveys from time to time to help us understand how you use our products and to make improvements. With your consent, we will send you our newsletter and other updates. We sometimes also give you the option to add a profile picture that displays in our products.

We’ll never sell your personal information to third parties, and we won’t use your name or company in marketing statements without your permission either.

Billing information

If you sign up for a paid Prologue Labs product, you will be asked to provide your payment information and billing address. Credit card information is submitted directly to our payment processor and doesn’t hit Prologue Labs servers. We may store a record of the payment transaction, including the last 4 digits of the credit card number, for purposes of account history, invoicing, and billing support. We may store your billing address so we can charge you for service, calculate any sales tax due, send you invoices, and detect fraudulent credit card transactions. We occasionally use aggregate billing information to guide our marketing efforts.

Product interactions

We store on our servers the content that you upload or receive or maintain in your Prologue Labs product accounts. This is so you can use our products as intended, for example, to add vocabulary. We keep this content as long as your account is active. If you delete your account, we’ll delete the content within 60 days.

General Geolocation data

For most of our products, we log the full IP address used to sign up a product account and retain that for use in mitigating future spammy signups. We also log all account access by full IP address for security and fraud prevention purposes, and we keep this login data for as long as your product account is active.

Website interactions

We collect information about your browsing activity for analytics and statistical purposes such as conversion rate testing and experimenting with new product designs. This includes, for example, your browser and operating system versions, your IP address, which web pages you visited and how long they took to load, and which website referred you to us. If you have an account and are signed in, these web analytics data are tied to your IP address and user account until your account is no longer active. The web analytics we use are described further in the Advertising and Cookies section.

We use Stripe for payments, analytics, and other business services. Stripe may collect personal data including via cookies and similar technologies. The personal data Stripe collects may include transactional data and identifying information about devices that connect to its services. Stripe uses this information to operate and improve the services it provides to us, including for fraud detection, loss prevention, authentication, and analytics related to the performance of its services. You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

Anti-bot assessments

We may use CAPTCHA across our applications to mitigate brute force logins and as a means of spam protection. We have a legitimate interest in protecting our apps and the broader Internet community from credential stuffing attacks and spam. When you log into your Prologue Labs accounts and when you fill in certain forms, the CAPTCHA service may evaluate various information (e.g., IP address, how long the visitor has been on the app, mouse movements) to try to detect if the activity is from an automated program instead of a human. The CAPTCHA service then provides Prologue Labs with the spam score results; we typically do not have access to the evaluated information.

Advertising and Cookies

Prologue Labs runs contextual ads on various third-party platforms such as Google, Reddit, and LinkedIn. Users who click on one of our ads will be sent to a marketing site. Where permissible under law, we may load an ad-company script on their browsers that sets a third-party cookie and sends information to the ad network to enable evaluation of the effectiveness of our ads, e.g., which ad they clicked and which keyword triggered the ad, and whether they performed certain actions such as clicking a button or submitting a form.

We also use persistent first-party cookies and some third-party cookies to store certain preferences, make it easier for you to use our applications, and perform A/B testing as well as support some analytics.

A cookie is a piece of text stored by your browser. It may help remember login information and site preferences. It might also collect information such as your browser type, operating system, web pages visited, duration of visit, content viewed, and other click-stream data. You can adjust cookie retention settings and accept or block individual cookies in your browser settings, although our apps won’t work and other aspects of our service may not function properly if you turn cookies off.

Voluntary correspondence

When you email Prologue Labs with a question or to ask for help, we keep that correspondence, including your email address, so that we have a history of past correspondence to reference if you reach out in the future.

We also store information you may volunteer, for example, written responses to surveys. If you agree to a customer interview, we may ask for your permission to record the conversation for future reference or use. We will only do so with your express consent.

How we approach mobile app permissions

We offer optional desktop and mobile apps for some of our products. Because of how the platforms are designed, our apps typically must request your consent before accessing contacts, calendar, camera, and other privacy-sensitive features of your device. Consent is always optional and our apps will function without it, though some features may be unavailable. There are a few exceptions, for example:

• Our iOS apps will ask for permission to use push notifications upon first sign-in.
• Android apps do not require permission to send push notifications.

When we access or disclose your information

To provide products or services you’ve requested. We use some third-party subprocessors to help run our applications and provide the Services to you. You can view the third-party subprocessors we use for each of our products on our subprocessors list. We also use third-party processors for other business functions such as managing newsletter subscriptions, sending customer surveys, and providing our company storefront.

We may disclose your information at your direction if you integrate a third-party service into your use of our products.

No Prologue Labs human looks at your private personal information except for limited purposes with your express permission, for example, if an error occurs that stops an automated process from working and requires manual intervention to fix. These are rare cases, and when they happen, we look for root cause solutions as much as possible to avoid them recurring. We may also access your data if required in order to respond to legal process (see "When required under applicable law" below). We may view your in-app content to help improve our products and services, but typically this can be done without directly processing any personally identifiable information such as your email address.

To exclude you from seeing our ads. Where permissible by law and if you have an account, we may disclose a one-way hash of your email address with ad companies to exclude you from seeing our ads.

To help you troubleshoot or squash a software bug, with your permission. If at any point we need to access your content to help you with a support case, we will ask for your consent before proceeding.

To investigate, prevent, or take action regarding restricted uses. Accessing a customer’s account when investigating potential abuse is a measure of last resort. We want to protect the privacy and safety of both our customers and the people reporting issues to us, and we do our best to balance those responsibilities throughout the process. If we discover you are using our products for a restricted purpose, we will take action as necessary, including notifying appropriate authorities where warranted.

Aggregated and de-identified data. We may aggregate and/or de-identify information collected through the services. We may use de-identified or aggregated data for any purpose, including marketing or analytics.

When required under applicable law. Prologue Labs LLC is a U.S. company and all data infrastructure are located in the U.S.

• Requests for user data. Our policy is to not respond to government requests for user data unless we are compelled by legal process or in limited circumstances in the event of an emergency request. However, if U.S. law enforcement authorities have the necessary warrant, criminal subpoena, or court order requiring us to disclose data, we must comply. Likewise, we will only respond to requests from government authorities outside the U.S. if compelled by the U.S. government through procedures outlined in a mutual legal assistance treaty or agreement. It is Prologue Labs’ policy to notify affected users before we disclose data unless we are legally prohibited from doing so, and except in some emergency cases.

• Preservation requests. Similarly, Prologue Labs’ policy is to comply with requests to preserve data only if compelled by the U.S. Federal Stored Communications Act, 18 U.S.C. Section 2703(f), or by a properly served U.S. subpoena for civil matters. We do not disclose preserved data unless required by law or compelled by a court order that we choose not to appeal. Furthermore, unless we receive a proper warrant, court order, or subpoena before the required preservation period expires, we will destroy any preserved copies of customer data at the end of the preservation period.

• If we are audited by a tax authority, we may be required to disclose billing-related information. If that happens, we will disclose only the minimum needed, such as billing addresses and tax exemption information.

Finally, if Prologue Labs is acquired by or merges with another company—we don’t plan on that, but if it happens—we’ll notify you well before any of your personal information is transferred or becomes subject to a different privacy policy.

Your rights with respect to your information

At Prologue Labs, we strive to apply the same data rights to all customers, regardless of their location. Some of these rights include:

• Right to Know. You have the right to know what personal information is collected, used, shared or sold. We outline both the categories and specific bits of data we collect, as well as how they are used, in this privacy policy.
• Right of Access. This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
• Right to Correction. You have the right to request correction of your personal information.
• Right to Erasure / “To Be Forgotten”. This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession and, by extension, from all of our service providers. Fulfillment of some data deletion requests may prevent you from using Prologue Labs services because our applications may then no longer work. In such cases, a data deletion request may result in closing your account.
• Right to Complain. You have the right to make a complaint regarding our handling of your personal information with the appropriate supervisory authority.
• Right to Restrict Processing. This is your right to request restriction of how and why your personal information is used or processed, including opting out of sale of your personal information. (Again: we never have and never will sell your personal data.)
• Right to Object. You have the right, in certain situations, to object to how or why your personal information is processed.
• Right to Portability. You have the right to receive the personal information we have about you and the right to transmit it to another party. If you want to export data from your accounts, contact support.
• Right to not Be Subject to Automated Decision-Making. You have the right to object to and prevent any decision that could have a legal or similarly significant effect on you from being made solely based on automated processes. This right is limited if the decision is necessary for performance of any contract between you and us, is allowed by applicable law, or is based on your explicit consent.
• Right to Non-Discrimination. We do not and will not charge you a different amount to use our products, offer you different discounts, or give you a lower level of customer service because you have exercised your data privacy rights. However, the exercise of certain rights may, by virtue of your exercising those rights, prevent you from using our Services.

Many of these rights can be exercised by signing in and updating your account information. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our services to you.

In some cases, we also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. If we are unable to verify you, we may be unable to respond to your requests. If you have questions about exercising these rights or need assistance, please contact support. If an authorized agent is corresponding on your behalf, we will need written consent with a signature from the account holder before proceeding.

Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. We will provide information about how to exercise that right in our response denying the request. You also have the right to lodge a complaint with a supervisory authority. If you are in the EU or UK, you can contact your data protection authority to file a complaint or learn more about local privacy laws.

How we secure your data

All data is encrypted via SSL/TLS when transmitted from our servers to your browser. The database backups are also encrypted. Most data are not encrypted while they live in our database (since they need to be ready to send to you when you need them).

What happens when you delete content in your product accounts

In many of our applications, we give you the option to trash content. Anything you trash in your product accounts while they are active will be kept in an accessible trash can for about 25 days (it varies a little by product). After that time, the trashed content cannot be accessed via the application and we are not able to retrieve it for you. The trashed content may remain on our active servers for another 30 days, and copies of the content may be held in backups of our application databases for up to another 30 days after that. Altogether, any content trashed in your product accounts should be purged from all of our systems and logs within 90 days.

If you choose to cancel your account, your content will become immediately inaccessible and should be purged from our systems in full within 60 days. This applies both for cases when an account owner directly cancels and for auto-canceled accounts. Please refer to our Cancellation policy for more details.

Data retention

We keep your information for the time necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and your choices, after which time we may delete and/or aggregate it. We may also retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Through this policy, we have provided specific retention periods for certain types of information.

Location of site and data

Our products and other web properties are operated in the United States. If you are located in the European Union, UK, or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to and stored in the United States. By using our websites or Services and/or providing us with your personal information, you consent to this transfer.

When transferring personal data from the EU

The European Data Protection Board (EDPB) has issued guidance that personal data transferred out of the EU must be treated with the same level of protection that is granted under EU privacy law. UK law provides similar safeguards for UK user data that is transferred out of the UK.

There are also a few ad hoc cases where EU personal data may be transferred to the U.S. in connection with Prologue Labs operations, for instance, if an EU user signs up for our newsletter or participates in one of our surveys. Such transfers are only occasional and data is transferred under the Article 49(1)(b) derogation under GDPR and the UK version of GDPR.

Changes and questions

We may update this policy as needed to comply with relevant regulations and reflect any new practices. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify users.

Have any questions, comments, or concerns about this privacy policy, your data, or your rights with respect to your information? Please get in touch by emailing us at support@prologue-labs.com and we’ll be happy to try to answer them!

Adapted from Basecamp open-source policies / CC BY 4.0

Use Restrictions

Restricted purposes

When you use any of Prologue Labs’ Services, you acknowledge that you may not:

• Collect or extract information and/or user data from accounts which do not belong to you.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Trick, defraud, or mislead us or other users, including but not limited to making false reports or impersonating another user.
• Upload or transmit (or attempt to upload or to transmit) viruses or any type of malware, or information collection mechanism, including 1×1 pixels, web bugs, cookies, or other similar devices.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or the Services connected.
• Harass, annoy, intimidate, or threaten others, or any of our employees engaged in providing any portion of the Services to you.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use the Services in a manner inconsistent with any applicable laws or regulations.

Accounts found to be in violation of any of the above are subject to cancellation without prior notice.

How to report abuse

Violations can be reported by emailing support@prologue-labs.com and should include detailed information about the account, the content or behavior you are reporting, and how you found it, including URLs or screenshots. 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, please see instructions on how to notify us about infringement claims below.

Copyright Infringement Claims

Notification of Copyright Infringement Claims

Making original work is hard! As described in our polices, you can’t use Prologue Labs products to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.

Are you a copyright owner? Under the Digital Millennium Copyright Act (17 U.S.C. § 512), you have the right to notify us (Prologue Labs, LLC) if you believe that an account user of any product we built and maintain has infringed on your work(s) as copyright owner. To be effective, the notification of claimed infringement must be written. Please include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work(s) claimed to have been infringed. If there are multiple, please share a representative list of those works.
• A way for us to locate the material you believe is infringing the copyrighted work.
• Your name and contact information so that we can get back to you. Email address is preferred but a telephone number or mailing address works too.
• A statement that you, in good faith, believe that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Digital Millennium Copyright Act (“DCMA”) Counter-notifications

On the flip-side, if you believe your material has been removed in error, you can file a written counter-notification. Please include the following information:

• A physical or electronic signature, or the signature of the person authorized to act on your behalf.
• A description of the material that was removed.
• A description of where the material appeared in Basecamp products prior to their removal.
• Your name and contact information so that we can get back to you. Email address is preferred but a telephone number or mailing address works too.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
• A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, in the Northern District of Illinois (where Basecamp is located).
• A statement that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. (In other words, you’ve designated that person to receive documents on your behalf.)

Where to Send Notices

You can notify us of either copyright infringement claims or DCMA counter-notifications through either of the following channels:

By email: support@prologue-labs.com

*This policy and process applies to any product created and owned by Prologue Labs, LLC.

Adapted from Basecamp open-source policies / CC BY 4.0

Cancellation policy

We want satisfied customers, not hostages. That’s why we make it easy for you to cancel your account directly in all of our apps—no phone calls required, no questions asked.

Our legal responsibility is to account owners, which means we cannot cancel an account at the request of anyone else. If for whatever reason you no longer know who the account owner is, contact us. We will gladly reach out to any current account owners at the email addresses we have on file.

What happens when you cancel an account?

You won’t be able to access your account once you cancel, so make sure you export everything you want to keep beforehand. Until self-serve exporting features are developed, contact support for help.

We’ll permanently delete the content in your account from our servers as soon as 30 days after cancellation. Retrieving content for a single account from a backup isn’t possible, so if you change your mind you’ll need to do it within the first 30 days after cancellation. Content can’t be recovered once it has been permanently deleted.

We won’t bill you again once you cancel. We don’t automatically prorate any unused time you may have left but if you haven’t used your account in months or just started a new billing cycle, contact us for a fair refund. We’ll treat you right.

Prologue Labs-initiated cancellations

We may cancel accounts if they have been inactive for an extended period.

We also retain the right to suspend or terminate accounts for any reason at any time, as outlined in our Terms of Service. In practice, this generally means we will cancel your account without notice if we have evidence that you are using our products to engage in abusive behavior.

Adapted from Basecamp open-source policies / CC BY 4.0

Refund Policy

Bad refund policies are infuriating. You feel like the company is just trying to rip you off. We never want our customers to feel that way, so our refund policy is simple: If you’re ever unhappy with our products for any reason, just contact support and we'll work with you to make it right the best we can.

Get in touch

At the end of the day, nearly everything on the edges comes down to a case-by-case basis. Send us a note, tell us what's up, and we'll work with you to make sure you’re happy.

Adapted from Basecamp open-source policies / CC BY 4.0

California Resident Notice at Collection

If you are a California resident, the California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 (“CCPA”), requires us to provide some additional information to California residents. This Section only applies to you if you are a California resident, although please note that this information and the rights afforded herein are the same as offered to our other users in our main Privacy Policy. This Section does not apply to personal information we collect from our employees and job applicants in their capacity as employees and job applicants, as such information practices are described in separate policies.

The following chart details these activities:

For more information about each category of personal information, purpose of use, and third parties to which we disclose personal information, please see the "What we collect and why," and "When we access or disclose you information" sections of our Privacy Policy.

Your Choices Regarding “Sharing” and “Selling”: You have the right to opt out of our sale/sharing of your personal information for purposes of online analytics and advertising. Currently, we do not sell or share your data as defined by the CCPA and we have not done so over the past 12 months from the effective date of this Privacy Policy.

Other CCPA Rights. If we ever offer any financial incentives in exchange for your personal information, we will provide you with appropriate information about such incentives.

The CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for business purposes for which you cannot opt out under the CCPA.

Please see the “Your rights with respect to your information” section of our Policy above for information about the additional rights you have with respect to your personal information under California law and how to exercise them.

Retention of Your Personal Information. Please see the “Retention Of Your Information” section belowof our Privacy Policy for more information.

Shine the Light Disclosure

The California "Shine the Light" law gives residents of California the right under certain circumstances to request information from us regarding the manner in which we disclose certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We currently do not disclose your personal information to third parties for their own direct marketing purposes.

Adapted from Basecamp open-source policies / CC BY 4.0

Subprocessors

We use third party subprocessors, such as cloud computing providers and customer support software, to run our services. The following is a list of personal data subprocessors we use:

• Google Cloud Platform: Cloud and AI services provider.
• Amazon Web Services: Cloud services provider.
• OpenAI: AI services provider.
• Stripe: Payment processing services.
• Twilio: Transactional email and notificationservice.
• Sentry: Error reporting software.

Adapted from Basecamp open-source policies / CC BY 4.0