Effective May 2, 2019
Convolio is a hosted discussion forum service (the "Service") owned and operated by Social Strata, Inc. ("Social Strata", "we", "us"). All content created in a Service site ("Site") is owned by and controlled by the site owner ("you"). By agreeing to this TOS, you also agree to the separate FeePod Premium Memberships Terms of Service For Participating Sites in its entirety, if you ever enable premium memberships on your Convolio site.

Our Commitment
We'll provide you a hosted Service site, as defined by the plan you selected, and the right to use our software for as long as your account is active and in good standing.

We'll provide support through our portal at https://support.convolio.com. Most support is free through that site, but more complex troubleshooting may be subject to a fee, which we will determine in advance. If such "advanced support" is required, you will be given a quote for service. Advanced support will only be provided if you authorize us to perform such work at the quoted rate.

We'll maintain and upgrade the service as needed, and we'll do our best to notify you 24 hours in advance of any impact to the service, unless emergency maintenance is necessary. We'll notify you either by email or by an announcement on our support page, at https://support.convolio.com.

We will provide service and features according to the plan that you have purchased, however plan features and details may change from time to time and you agree that your sole recourse at such times is to cancel your service, subject to the terms of this agreement.

We respect your privacy and the information that you provide to us is subject to our Privacy Policy.

We will only disclose your personal information and/or content if we are required to do so by law (usually though not necessarily through a subpoena), in order to respond to copyright infringement claims, per your request, or if necessary in order to protect other people.
Your Commitment
You are solely responsible for all activity in your Service site, including all content posted to your community, as well as the behavior of all members in your community. (Social Strata has no role in managing your community.) You agree to comply with our Acceptable Use Policy ("AUP").

You agree not to do anything that is illegal in your local jurisdiction or in the United States of America, and to remove content that is illegal. You won't post any copyrighted material, and, when notified of such, you will remove copyrighted material posted by your users.

You won't remove or tamper with our Convolio branding.

You are at least 13 years old.

You agree that we may list and/or market your site on marketing materials, including site name, screenshot or sample image/logo, and URL (if your site is public).

You agree to pay the fees associated with the plan you select, if applicable. You understand that your plan will automatically continue until you cancel. All payments are non-refundable, even if you cancel before the paid-through date. If your account is not in good standing, you may not be able to access your site.

You agree to keep your contact information current, so that we may contact you successfully when the need arises.
Notes and Other Disclosures
Cancellation: You may cancel service at any time via your Convolio site control panel, for any reason. When you cancel, your account will terminate after the paid-through date on your account. There are no refunds when you cancel. Social Strata may cancel your account if you have failed to make required payment for service (or for any other reason).

Your site and all of its contents will be completely deleted by Social Strata anytime 90 days after the cancellation effective date.

You may request an export of all of your content prior to the cancellation date, but a professional services fee will be required in order to fulfill the request. Note that member data from your Site is downloadable any time via your Site control panel (at no charge), however member passwords are encrypted and not accessible.

Transfer of Ownership: You may transfer ownership of your community, upon approval by Social Strata, as long as the account is in good standing.

Requests to Amend Plan: You may amend your plan options at any time via your site control panel.

Limitation of Liability: IN NO EVENT SHALL SOCIAL STRATA BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE (OR YOUR INABILITY TO USE THE SERVICE), EVEN IF SOCIAL STRATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SOCIAL STRATA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY CUSTOMER TO SOCIAL STRATA UNDER THIS AGREEMENT DURING THE TWO (2) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM AROSE.

Indemnity: You agree to indemnify and hold Social Strata and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your or your users' content, use of the service, violation of the Terms of Service or the AUP, or violation of any rights of another person or entity.

Service Provided As-Is: You understand that the service is provided "as-is" and on an "as available" basis, and that no performance guarantees are available. You agree that Social Strata is not liable for any damages that may occur through your or your users' use of the service because of service unavailability or feature loss, or because of data loss that may occur. In addition, although best efforts will be made to maintain a secure data environment, Social Strata is not liable for damage caused due to security breaches by outside parties.

Our Right To Terminate: We may suspend, terminate, and/or delete your account if you violate this TOS, at the request of legal authorities, or for other reasons at our discretion. If we terminate your account prior to its paid-through date, we will provide a pro rata refund.

Venue: This TOS is governed by the laws of the State of South Carolina. You and Social Strata agree to submit to the personal and exclusive jurisdiction of the courts located within Charleston County, South Carolina.

This TOS is available for review online at https://assets.socialstrata.com/docs/convolio_tos.php and may be modified by Social Strata at any time. We'll notify you if there are substantive changes, however.