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-To read the latest LogMeIn Terms and Conditions, visit https://www.logmeininc.com/legal/terms-and-conditions
-
-A copy of those terms as of 2018-08-12 follows:
-
-****** Terms of Service for LogMeIn and GoTo Services ******
-This is a legal agreement between the person or organization (“Customer” or
-“you”) agreeing to these Terms of Service (“Terms”) and the applicable
-LogMeIn_Contracting_Entities (“LogMeIn,” “us,” or “we”). By
-accepting these Terms, signing an Order, or using the Services, you represent
-that you are of legal age and have the authority to bind the Customer to the
-Order, these Terms, and the applicable Service Descriptions (collectively the
-“Agreement”).
-   1. ACCESS AND USE OF THE SERVICES.
-          o 1.1.Right to Use Services. You agree to use the Services in
-            accordance with the use levels by which we measure, price and offer
-            our Services as posted on our websites, your Order, or the Service
-            Descriptions (“Use Levels”). You may use our Services only as
-            permitted in these Terms, and your use must comply with our Privacy
-            Policy, and Anti-Spam_Policy, each of which are incorporated here.
-            We grant you a limited right to use our Services only for business
-            and professional purposes. Technical support for the Services is
-            described in the Service Descriptions. If your affiliates use our
-            Services, you warrant that you have the authority to bind those
-            affiliates and you will be liable if your affiliates do not comply
-            with the Agreement. “Services” means our software-as-a-service
-            offerings and audio services (which are offered by LogMeIn Audio,
-            LLC or Grasshopper Group LLC, the telecommunications providers
-            responsible for the rates and terms relating to the respective
-            audio services). “Service_Descriptions” includes an overview of
-            the Services, and may include service-specific additional terms.
-            The Service Descriptions are incorporated into these Terms. The
-            Services, software and websites are provided via equipment and
-            resources located in the United States and other locations
-            throughout the world and you consent to having personal data
-            processed by us in the United States and other locations throughout
-            the world.
-          o 1.2.Limitations on Use.  By using our Services, you agree on behalf
-            of yourself, your users and your attendees, not to (i) modify,
-            prepare derivative works of, or reverse engineer, our Services;
-            (ii) knowingly or negligently use our Services in a way that abuses
-            or disrupts our networks, user accounts, or the Services; (iii)
-            transmit through the Services any harassing, fraudulent or unlawful
-            material; (iv) market, or resell the Services to any third party;
-            (v) use the Services in violation of our policies, applicable laws,
-            or regulations; (vi)use the Services to send unauthorized
-            advertising, or spam; (vii) harvest, collect, or gather user data
-            without their consent; or (viii)transmit through the Services any
-            material that may infringe the intellectual property or other
-            rights of third parties.
-          o 1.3. Changes to Services. We reserve the right to enhance or modify
-            features of our Services but will not materially reduce the core
-            functionality or discontinue any Services unless we provide you
-            with prior written notice. We may offer additional functionality to
-            our standard Services or premium feature improvements for an
-            additional cost.
-          o 1.4. Proprietary Rights and LogMeIn Marks. You acknowledge that we
-            or our licensors retain all proprietary right, title and interest
-            in the Services, our name, logo or other marks (together, the
-            “LogMeIn Marks”), and any related intellectual property rights,
-            including, without limitation, all modifications, enhancements,
-            derivative works, and upgrades thereto. You agree that you will not
-            use or register any trademark, service mark, business name, domain
-            name or social media account name or handle which incorporates in
-            whole or in part the LogMeIn Marks or is similar to any of these.
-            You agree to comply with our Trademark_&_Copyright_Guidelines,
-            which are incorporated into this Agreement by reference.
-   2. ORDERS, FEES AND PAYMENT.
-          o 2.1.Orders. You may order Services using our then-current ordering
-            processes (“Order”). All Orders are effective on the earlier of
-            (i) the date you submit your Order, (ii) the date you convert from
-            a services trial, or (iii)the date on the signature block of the
-            Order (“Effective Date”). Acceptance of your Order may be
-            subject to our verification and credit approval process. Each Order
-            shall be treated as a separate and independent Order. A Purchase
-            Order is required for non-credit card transactions over 10,000 USD,
-            or equivalent, unless Customer does not require a Purchase Order as
-            part of its purchasing process.
-          o 2.2.Fees and Payment. You agree to pay all applicable, undisputed
-            fees for the Services as set forth on the invoice. Except as set
-            forth in Section 3. 3below, any and all payments you make to us for
-            access to the Services are final and non-refundable. You are
-            responsible for all fees and charges imposed by your voice and data
-            transmission providers related to your access and use of the
-            Services. You are responsible for providing accurate and current
-            billing, contact and payment information to us or any reseller. You
-            agree that we may take steps to verify whether your payment method
-            is valid, charge your payment card or bill you for all amounts due
-            for your use of the Services, and automatically update your payment
-            card information using software designed to do so in the event your
-            payment card on file is no longer valid. You agree that your credit
-            card information and related personal data may be provided to third
-            parties for payment processing and fraud prevention purposes. We
-            may suspend or terminate your Services if at any time we determine
-            that your payment information is inaccurate or not current, and you
-            are responsible for fees and overdraft charges that we may incur
-            when we charge your card for payment. We will not agree to submit
-            invoices via any customer procure-to-pay online portal or
-            Electronic Data Interchange (EDI) portals. We reserve the right to
-            update the price for Services at any time after your Initial Term,
-            and price changes will be effective as of your next billing cycle.
-            We will notify you of any price changes by publishing on our
-            website, emailing, quoting or invoicing you.
-          o 2.3. Sales, Promotional Offers, Coupons and Pricing. Sales,
-            promotions and other special discounted pricing offers are
-            temporary and, upon the renewal of your subscription, any such
-            discounted pricing offers may expire. We reserve the right to
-            discontinue or modify any coupons, credits, sales and special
-            promotional offers in our sole discretion.
-          o 2.4. Disputes; Delinquent Accounts. You must notify us of any fee
-            dispute within 15 days of the invoice date, and once resolved, you
-            agree to pay those fees within 15 days. We may also suspend or
-            terminate your Services if you do not pay undisputed fees, and you
-            agree to reimburse us for all reasonable costs and expenses
-            incurred in collecting delinquent amounts.
-          o 2.5. Taxes and Withholding. You are responsible for all applicable
-            sales, services, value-added, goods and services, withholding,
-            tariffs, Universal Services Fund (USF) fees (if applicable to the
-            Audio Services only) and similar taxes (collectively, “Taxes”)
-            imposed by any government entity or collecting agency based on the
-            Services, except those Taxes based on our net income, or Taxes for
-            which you have provided an exemption certificate. We reserve the
-            right to gross up the price for Services in any invoice, or require
-            you to gross up your payment, if your withholding obligations
-            prevent us from receiving the amount specified in the Order.
-            Additionally, if you do not satisfy your Tax obligations, you agree
-            that you will be required to reimburse us for any Taxes paid on
-            your behalf, and we may take steps to collect Taxes we have paid on
-            your behalf. In all cases, you will pay the amounts due under this
-            Agreement to us in full without any right of set-off or deduction.
-   3. TERM AND TERMINATION.
-          o 3.1. Term.  Your initial term commitment for any Order (“Initial
-            Term”) will be specified in the Order, or if no term is
-            specified, your Initial Term will be 12 months from the Effective
-            Date of the Order and will automatically renew for additional 12
-            month periods (“Renewal Terms”), unless either party provides
-            notice of non-renewal of the Order 30 days before the current term
-            expires. We may agree to align the invoicing under multiple Orders
-            but this will not reduce the term of any Order. Terminating
-            specific Services does not affect the term of any other Services
-            still in effect. If we permit you to reinstate Services at any time
-            after termination, you agree that you will be bound by the then-
-            current Terms and the renewal date that was in effect as of the
-            effective termination date.
-          o 3.2. Termination for Cause.Either party may terminate the Agreement
-            (i)if the other party breaches its material obligations and fails
-            to cure within 30 days of receipt of written notice, or (ii) if the
-            other party becomes insolvent or bankrupt, liquidated or is
-            dissolved, or ceases substantially all of its business, and we may
-            suspend access or terminate immediately if you breach
-            Section 1.2, 4 or 5.
-          o 3.3. Effect of Termination. If the Agreement or any Services are
-            terminated, you will immediately discontinue all use of the
-            terminated Services, except that upon request, we will provide you
-            with limited access to the Services for a period not to exceed 30
-            days, solely to enable you to retrieve your Content from the
-            Services. We have no obligation to maintain your Content after that
-            period. Neither party will be liable for any damages resulting from
-            termination of the Agreement, and termination will not affect any
-            claim arising prior to the effective termination date. If we
-            discontinue Services in accordance with Section 1.3 above, the
-            related Order will be terminated and we will provide you with a pro
-            rata refund of any prepaid, unused fees. You agree to pay for any
-            use of the Services past the date of expiration or termination.
-          o 3.4. Survival. The provisions of Sections 2 (Orders, Fees and
-            Payment), 3.3 (Effect of Termination), 4 (Your Content and
-            Accounts), 7 (Indemnification), 8 (Limitation on Liability), 9.6
-            (No Class Actions), and 9.11 (Notices) survive any termination of
-            the Agreement.
-   4. YOUR CONTENT AND ACCOUNTS.
-          o 4.1.Your Content. You retain all rights to your Content and we do
-            not own or license your Content. You grant us a non-exclusive,
-            worldwide, royalty-free, license to use, modify, reproduce and
-            distribute your Content, only as required to provide the Services
-            to which you have subscribed, and you warrant that (i) you have the
-            right to grant us the license, and (ii) none of your Content
-            infringes on the rights of any third party. Each party agrees to
-            apply reasonable technical, organizational and administrative
-            security measures to keep Content protected in accordance with
-            industry standards. We will not view, access or process any of your
-            Content, except: (x) as directed or instructed by you or your
-            users, or (y) as required to comply with our policies, applicable
-            law, or governmental request. You agree to comply with all legal
-            duties applicable to you as a data controller by virtue of the
-            submission of your Content within the Services. If your Content is
-            subject to EU data protection laws and is processed by us as a data
-            processor acting on your behalf (in your capacity as data
-            controller), we will use and process your Content in order to
-            provide the Services and fulfill our obligations under the
-            Agreement, and in accordance with your instructions as represented
-            in this Agreement. Notwithstanding anything to the contrary, this
-            Section 4.1 expresses the entirety of our obligations with respect
-            to your Content. “Content”means any of your, or your users’
-            or recipients’ files, documents, recordings, and other
-            information that is uploaded to your Service account for storage,
-            or used, presented or shared with third parties in connection with
-            the Service. 
-          o 4.2.Your Accounts. You are solely responsible for (i) all use of
-            the Services by you and your users, (ii) obtaining consent from
-            your users to the collection, use, processing and transfer of
-            Content, and (iii) providing notices or obtaining consent as
-            legally required in connection with the Services. We do not send
-            emails asking for your usernames or passwords, and to keep your
-            accounts secure, you should keep all usernames and passwords
-            confidential. We are not liable for any loss that you may incur if
-            a third party uses your password or account. We may suspend the
-            Services or terminate the Agreement if you, your users, or
-            attendees are using the Services in a manner that is likely to
-            cause harm to us. You agree to notify us immediately and terminate
-            any unauthorized access to the Services or other security breach.
-   5. COMPLIANCE WITH LAWS.In connection with the performance, access and use
-      of the Services under the Agreement, each party agrees to comply with all
-      applicable laws, rules and regulations including, but not limited to
-      export, privacy, and data protection laws and regulations. If necessary
-      and in accordance with applicable law, we will cooperate with local,
-      state, federal and international government authorities with respect to
-      the Services. Notwithstanding any other provision in these Terms, we may
-      immediately terminate the Agreement for noncompliance with applicable
-      laws.
-   6. WARRANTIES.  WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE
-      DESCRIPTIONS UNDER NORMAL USE. WE DO NOT REPRESENT OR WARRANT THAT (i)
-      THE USE OF OUR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR
-      OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR
-      DATA, (ii) OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR (iii) ALL ERRORS
-      OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK.
-      OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL
-      BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE
-      CONFORMING SERVICES, OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE
-      APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF ANY PREPAID FEES FROM
-      THE PERIOD OF NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO
-      THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES
-      AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
-      INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY,
-      SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-
-      INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
-      WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT
-      APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS.
-   7. INDEMNIFICATION. You will indemnify and defend us against any third party
-      claim resulting from a breach of Section 1.2 or 4, or alleging that any
-      of your Content infringes upon any patent or copyright, or violates trade
-      secret or privacy rights of any party, and you agree to pay reasonable
-      attorney’s fees, court costs, damages finally awarded, or reasonable
-      settlement costs with respect to any such claim.  We will promptly notify
-      you of any claim and cooperate with the you in defending the claim. You
-      will reimburse us for reasonable expenses incurred in providing any
-      cooperation or assistance. You will have full control and authority over
-      the defense and settlement of any claim, except that: (i) any settlement
-      requiring us to admit liability requires prior written consent, not to be
-      unreasonably withheld or delayed, and (ii) we may join in the defense
-      with our own counsel at our own expense.
-   8. LIMITATION ON LIABILITY.
-          o 8.1.LIMITATION ON INDIRECT LIABILITY.NEITHER PARTY WILL BE LIABLE
-            TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT,
-            SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER
-            DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO:
-            (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY,
-            (iv) LOST PROFITS, (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES,
-            HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT
-            NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
-            VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF
-            THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
-            LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
-            CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
-            APPLY.
-          o 8.2.LIMITATION ON AMOUNT OF LIABILITY. EXCEPT FOR YOUR BREACH OF
-            SECTIONS 1.2 OR 4 AND YOUR INDEMNIFICATION OBLIGATIONS, AND TO THE
-            EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY
-            OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS
-            ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS
-            PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY
-            PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. THE FOREGOING
-            DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND
-            OTHER AMOUNTS DUE UNDER ANY ORDER.
-   9. ADDITIONAL TERMS.
-          o 9.1. European Union Customers. This Section 9.1 will apply only if
-            you are located in the European Union. If you want to enter into EU
-            standard contractual clauses with us as it relates to our
-            processing of your information, you may request a Data Processing
-            Addendum (“DPA”) DPA_Request_Form, and a pre-signed DPA will be
-            transmitted to you for execution.
-          o 9.2. Free Services andTrials. Your right to access and use any free
-            Services is not guaranteed for any period of time and we reserve
-            the right, in our sole discretion, to limit or terminate your use
-            of any free or basic versions of any Services by any individual or
-            entity. If you are using the Services on a trial or promotional
-            basis (“Trial Period”), your Trial Period and access to the
-            Services will terminate (i) at the end of the Trial Period stated
-            in your Order, or (ii) if no date is specified, 30 days after your
-            initial access to the Services, (iii) or upon your conversion to a
-            subscription. Following expiration of the Trial Period, the
-            Services may automatically continue unless you provide notice of
-            cancellation to us, and you are responsible for payment of the
-            applicable Fees set forth in the Order. During the Trial Period, to
-            the extent permitted by law, we provide the Services “AS IS”
-            and without warranty or indemnity, and all other terms otherwise
-            apply. We may modify or discontinue any trials or promotions at any
-            time without notice. 
-          o 9.3.Third Party Features. The Services may be linked to third party
-            sites or applications (“Third Party Services”). We are not
-            responsible for and do not endorse Third Party Services. You have
-            sole discretion whether to purchase or connect to any Third Party
-            Services and your use is governed solely by the terms for those
-            Third Party Services.
-          o 9.4.Beta Services. We may offer you access to beta services that
-            are being provided prior to general release, but we do not make any
-            guarantees that these services will be made generally available
-            (“Beta Services”). You understand and agree that the Beta
-            Services may contain bugs, errors and other defects, and use of the
-            Beta Services is at your sole risk. We have no obligation to
-            provide technical support and we may discontinue provision of Beta
-            Services at any time in our sole discretion and without prior
-            notice to you. These Beta Services are offered “AS-IS”, and to
-            the extent permitted by applicable law, we disclaim any liability,
-            warranties, indemnities, and conditions, whether express, implied,
-            statutory or otherwise. If you are using Beta Services, you agree
-            to receive related correspondence and updates from us, and
-            acknowledge that opting out may result in cancellation of your
-            access to the Beta Services. If you provide feedback
-            (“Feedback”) about the Beta Service, you agree that we own any
-            Feedback that you share with us. For the Beta Services only, these
-            Terms supersede any conflicting terms and conditions in the
-            Agreement, but only to the extent necessary to resolve conflict.
-          o 9.5.Copyright. If you believe that our Services have been used in a
-            way that constitutes copyright infringement, you should follow the
-            process outlined here: https://www.logmeininc.com/legal/dmca.
-          o 9.6. No Class Actions. You may only resolve disputes with us on an
-            individual basis and you agree not to bring or participate in any
-            class, consolidated, or representative action against us or any of
-            our employees or affiliates.
-          o 9.7.Security Emergencies. If we reasonably determine that the
-            security of our Services or infrastructure may be compromised due
-            to hacking attempts, denial of service attacks, or other malicious
-            activities, we may temporarily suspend the Services and we will
-            take action to promptly resolve any security issues. We will notify
-            you of any suspension or other action taken for security reasons.
-          o 9.8.High-Risk Use. You understand that the Services (i) are not
-            designed or intended for use during high-risk activities, and (ii)
-            do not allow and should not be used for calls to emergency services
-            numbers (e.g., 911 (U.S.), or 999 and 112 (UK)). WE ARE NOT A
-            "DIAL-TONE" PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING ANY
-            SERVICES, HANG UP AND DIAL YOUR LOCAL EMERGENCY NUMBER. YOU MUST
-            UTILIZE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO
-            MAKE AN EMERGENCY CALL.
-          o 9.9.Recording.  Certain Services provide functionality that allows
-            you to record audio and data shared during sessions. You are solely
-            responsible for complying with all applicable laws in the relevant
-            jurisdictions while using recording functionality. We disclaim all
-            liability for your recording of audio or shared data, and you agree
-            to hold us harmless from damages or liabilities related to the
-            recording of any audio or data.
-          o 9.10. Assignment. Neither party may assign its rights or delegate
-            its duties under the Agreement either in whole or in part without
-            the other party’s prior written consent, which shall not be
-            unreasonably withheld, except that either party may assign the
-            Agreement to an affiliated entity, or as part of a corporate
-            reorganization, consolidation, merger, or sale of all or
-            substantially all of its assets. Any attempted assignment without
-            consent will be void. The Agreement will bind and inure to the
-            benefit of each party’s successors or assigns.
-          o 9.11.Notices. Notices must be sent by personal delivery, overnight
-            courier or registered mail. We may also provide notice to the email
-            last designated on your account, electronically via postings on our
-            website, in-product notices, or our self-service portal or
-            administrative center. Unless specified elsewhere in this
-            Agreement, notices should be sent to us at the address for your
-            applicable contracting entity, with a copy to our Legal Department,
-            320 Summer Street, Boston, Massachusetts 02210 USA, and we will
-            send notices to the address last designated on your account. Notice
-            is given (a) upon personal delivery; (b) for overnight courier, on
-            the second business day after notice is sent, (c) for registered or
-            certified mail, on the fifth business day after notice is sent, (d)
-            for email, when the email is sent, or (e) if posted electronically,
-            upon posting.
-          o 9.12.Entire Agreement; Order of Precedence. The Agreement,
-            including your Order and related invoices for Services ordered,
-            these Terms, Service Descriptions, and a DPA if applicable, sets
-            forth the entire agreement between us relating to the Services and
-            supersedes all prior and contemporaneous oral and written
-            agreements, except as otherwise permitted. If there is a conflict
-            between an executed Order, these Terms, the DPA if applicable, and
-            the Service Descriptions, the conflict will be resolved in that
-            order, but only for the specific Services described in the
-            applicable Order. Nothing contained in any document submitted by
-            you will add to or otherwise modify the Agreement. We may update
-            the Terms from time to time, which will be identified by the last
-            updated date, and may be reviewed at Terms_of_Service. Your
-            continued access to and use of the Service constitutes your
-            acceptance of the then-current Terms.
-          o 9.13.General Terms. If any term of this Agreement is not
-            enforceable, this will not affect any other terms. Both parties are
-            independent contractors and nothing in this Agreement creates a
-            partnership, agency, fiduciary or employment relationship between
-            the parties. No person or entity not a party to the Agreement will
-            be a third party beneficiary. Our authorized distributors do not
-            have the right to modify the Agreement or to make commitments
-            binding on us. Failure to enforce any right under the Agreement
-            will not waive that right. Unless otherwise specified, remedies are
-            cumulative. The Agreement may be agreed to online, or executed by
-            electronic signature and in one or more counterparts. No party will
-            be responsible for any delay or failure to perform under the
-            Agreement due to force majeure events (e.g. natural disasters;
-            terrorist activities, activities of third party service providers,
-            labor disputes; and acts of government) and acts beyond a party’s
-            reasonable control, but only for so long as those conditions
-            persist.
-          o 9.14.Contracting Party, Choice of Law and Location for
-            ResolvingDisputes. The contracting entity, contact information, and
-            governing law for your use of the Services will depend on where you
-            are and the specific Services you have ordered, as set forth here:
-            LogMeIn_Contracting_Entities
-Last Updated: July, 2017