Warmstart Terms of Service
Version 4, effective 2022-08-15
Parties
This is a contract between:
- Cloud Progress, LLC: A Delaware corporation which is the operator of Warmstart (also 'we, us, Cloud Progress, Warmstart')
- You: A user of a waitlist, or waitlist owner (also 'you, user, waitlist owner')
Callouts
These are special terms that you initial when you sign this contract.
- My self-reported location data will be used to place me on a waitlist
- A waitlist isn't a promise that there will eventually be a place for me; people use waitlists to assess demand
- Warmstart will use my provided contact info to send me updates from waitlist owners; I can turn this off by leaving a waitlist
- My data on this app will be stored in the US
By agreeing to the Terms of Service you also agree to:
- The Privacy Policy
Nature of this contract
This a contract governing your use of the Warmstart waitlist tool, available at warmstart.me.
You agree to accept and abide by the terms of this contract in exchange for access to our platform.
Some terms may survive the termination of the contract. You agree to continue abiding by those terms even if you no longer have access to the platform.
Beta terms
Warmstart is currently in beta! Thank you for trying it. Many things may be wrong! Including but not limited to:
Merch mocks may not correctly portray how assets are printed on merch. Waitlists may admit cohorts out-of-order. Leaderboards may tally incorrectly. Data may be lost. Messages may not be sent. Overzealous fraud prevention.
Fraud prevention
We may remove certain data from our platform if we believe it to be fraudulent. This may result in changes to the leaderboard or waitlist counts.
Messaging fees and international messaging
We may bill waitlist owners for messaging costs, in particular SMS messages, which are more expensive for us than email. As we develop this billing process during our beta, some messages may not be delivered on time, or at all. If you are a waitlist owner and want to set up a billing arrangement to prevent message delays, contact us at support@warmstart.me.
International SMS numbers may not be supported on our platform.
Leaderboard prizes, merch
Leaderboard merch prizes are limited by budgets. In some cases, our budgets may be miscalculated due to an error and there may not be enough budget to guarantee a prize. In such cases, we encourage waitlist owners to increase budget to close the shortfall, but
In the case of a tie, the same number of merch prizes is still given out per period. If there are 3 prizes, for example, and 4 people tie for 1st place, the 3 prizes will be given, one each, to 3 of them, and the 4th will get nothing. (In the future we may add settings to duplicate prizes in the case of ties).
It is possible that waitlist owners will add manual prize logic for leaderboards. We may add prize logic features or rules over time to cover our ass and yours.
Prizes are not guaranteed to be the same in the next leaderboard period.
Prizes may change within a leaderboard period as well; we encourage waitlist owners to not bait-and-switch. If you're a leaderboard winner and you think a waitlist is misbehaving, contact support@warmstart.me.
If you wait more than 2 weeks to redeem your leaderboard prize, it may expire. We do this so budget from abandoned prizes can go to other users.
DMCA takedown policy
If you discover content that has been published on our platform to which you own the copyright, and you believe that fair use does not apply, and you wish to take the content down, contact us at dmca@tosbox.biz with the URL of the content.
Governing law
This contract will be governed by the laws and courts of New York State.
Modification
From time to time we update this contract. When we do so, we'll require you to agree to the new version in order to continue using the app.
If a modification substantially diminishes your rights or privileges, we'll wait for you to sign the new terms before we act on the change with respect to your account.
The vendor list may be updated without notice, as we require vendor mobility in order to operate a stable platform with reasonable uptime.
If we update the terms in a way that benefits you, we may not provide notice. For example, if we make our privacy rules more restrictive to us.
Privacy
Cookies
This section lists cookies that we place in your browser, and their purpose.
First-party session cookie
✅ Strictly necessary
Purpose: Provide logins and attempted logins
Sharing
This section lists what data we share with various entities, and under what circumstances.
Employees and contractors
What we share: various
Employees have access to your data on a need-to-know basis according to their job function. We are working on an auditing process to increase our transparency about data access.
Waitlist viewer
What we share: user counts
Anyone viewing a waitlist, including logged out users, may see total user counts and other high-level information about the waitlist's usage. This information may vary depending on the waitlist's configuration.
Waitlist owners
What we share: sms, email, zip code or county
If you check a box allowing waitlist owners to view your contact info, we will give them access to it. When you're signed up for a waitlist, the waitlist owner can communicate with you through our platform whether or not they've gotten your contact info.
You can use our settings to control sharing and communication preferences (in early beta, leaving a waitlist is the nuclear option to mute messages).
Waitlist owners aren't allowed to share user info with third parties without the user's permission. If they do, users agree to hold the waitlist owner liable, not Warmstart.
Some projects on Warmstart use Apple Testflight or Google Play tracks to distribute beta software. Be aware that the project owner may request your email address from you in order to enroll you in these programs.
Others in an emergency
What we share: various
In an emergency, we may at our discretion share your information with anyone we need to in order to prevent you or someone else from being harmed. We'll also share your data in response to a valid legal demand accompanied by a court order.
Unless ordered by a court, and after the conclusion of any investigation into a safety issue, we'll tell you we did this.
Vendors
What we share: various
Our vendors have detailed access to our communications with you and, in some cases, to your data as it is stored. To the best of our knowledge, they aren't selling it.
Login providers
What we share: login information
We use third parties to verify email, sms, or other identities when a user logs in to our platform. Data will be shared with our vendor (twilio or postmark, for example) and the provider of your sms, email or oauth account (google or your cell phone plan, for example).
Other businesses
What we share: nothing
We don't sell or give your personal information to anyone not listed above.
Under no circumstances will we do so
Vendors
This section lists the vendors we use, what we use them for, and what data they have.
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