These Terms govern your access to and use of our software services. By accessing or using our SaaS platform, you agree to be bound by these Terms.
We provide a software as a service platform that allows users to access and use certain software applications via the internet. The specific features and functionality of the service are described on our website and may be updated from time to time. We grant you a non-exclusive, non-transferable, revocable license to access and use the service for your internal business purposes during the subscription term. You may not access the service for purposes of monitoring its availability, performance, or functionality, or for any other benchmarking or competitive purposes. You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the service, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like. You are also responsible for maintaining the security of such equipment and services.
| Plan Type | Billing Cycle | Payment Terms | Automatic Renewal |
|---|---|---|---|
| Monthly | 30 days | Payment due at beginning of cycle | Automatically renews each month |
| Annual | 365 days | Payment due annually in advance | Automatically renews each year |
| Enterprise | Custom | Negotiated payment schedule | As per contract terms |
Subscription fees are billed in advance on a recurring basis. You authorize us to charge your chosen payment method for the subscription fees. If we cannot charge your payment method, we may suspend or terminate your access to the service. All fees are non-refundable except as required by law. We reserve the right to change subscription fees upon 30 days' notice. Such notice may be provided at any time by posting the changes to our website or through the service interface. Your continued use of the service after the fee change becomes effective constitutes your agreement to pay the changed amount.
You retain all rights, title, and interest in and to your data. We do not claim any ownership rights in your data. By submitting your data to the service, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store your data solely for the purpose of providing the service to you. We implement appropriate technical and organizational measures to protect your data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of your data. We may monitor and analyze your use of the service for purposes of improving the service, providing support, and ensuring compliance with these Terms.
You agree not to use the service to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (c) harvest, collect, gather, or assemble information or data regarding other users without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the service, or violate the regulations, policies, or procedures of such networks; (e) attempt to gain unauthorized access to the service, other accounts, computer systems, or networks connected to the service through password mining or any other means; (f) harass, abuse, or harm another person or entity; (g) create false personas or multiple user accounts; (h) use the service in any manner that violates any applicable law or regulation.
We will use commercially reasonable efforts to make the service available with an uptime of 99.5% each calendar month, excluding scheduled maintenance. Scheduled maintenance will be performed during non-peak hours whenever possible, and we will provide reasonable advance notice of scheduled maintenance that may result in service downtime. We do not guarantee that the service will be uninterrupted or error-free, nor do we make any warranty as to the results that may be obtained from use of the service. In the event of service unavailability exceeding the guaranteed uptime, your sole and exclusive remedy shall be a service credit as described in our SLA documentation. This SLA does not apply to performance issues: (a) caused by factors outside of our reasonable control; (b) that result from any actions or inactions of you or any third party; (c) that result from your equipment, software, or other technology; (d) arising from our suspension or termination of your rights to use the service.
Each party agrees that all business, technical, and financial information it obtains from the other party constitutes the confidential property of the disclosing party. The receiving party will hold in confidence and not use or disclose any confidential information of the disclosing party, except as necessary to perform its obligations or exercise its rights under these Terms. Confidential information shall not include information that: (a) is or becomes publicly known through no act or omission of the receiving party; (b) was in the receiving party's lawful possession prior to the disclosure; (c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; (d) is independently developed by the receiving party. The receiving party may disclose confidential information pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that the receiving party gives reasonable notice to the disclosing party to contest such order or requirement.
We retain all right, title, and interest in and to the service, including all related intellectual property rights. The service is protected by applicable intellectual property laws, including copyright and trademark laws. These Terms do not grant you any intellectual property license or rights in or to the service or any of its components, except for the limited access rights expressly set forth in these Terms. You recognize that the service and its components are protected by copyright and other laws. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the service. Any feedback, comments, or suggestions you may provide regarding the service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
Either party may terminate these Terms if the other party breaches any material term and fails to cure such breach within 30 days after written notice of the breach. We may suspend your access to the service immediately if: (a) we reasonably believe you are violating these Terms; (b) we detect malicious software connected to your account; (c) we are required to do so by law; (d) there is unusual activity in your account that we reasonably believe may result in harm to our systems or other users. Upon termination, your right to use the service will immediately cease. We may retain your data for a reasonable period after termination to allow you to retrieve it, after which we may delete your data. The following sections will survive termination: Intellectual Property Rights, Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, and General Provisions.
During the subscription term, you may export your data from the service using the export tools we provide. We recommend that you regularly export and backup your data. Following termination of your subscription, we will retain your data for a period of 30 days to allow you to retrieve it. After this period, we may delete your data from our systems. We are not responsible for any loss of data resulting from termination or suspension. If you require assistance with data migration, we may offer professional services at additional cost, subject to separate agreement.
The service may contain features designed to interoperate with third-party applications. To use such features, you may be required to obtain access to such third-party applications from their providers. We cannot guarantee the continued availability of such service features and may cease providing them without notice if the third-party provider ceases to make the third-party application available for interoperation with the corresponding service features. You are responsible for complying with any third-party terms applicable to such integrations. We are not responsible for any disclosure, modification, or deletion of your data resulting from access by such third-party applications.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the service; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) any content or data you submit, post, transmit, or otherwise make available through the service; or (e) your violation of any applicable laws or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration in accordance with the arbitration rules of the applicable jurisdiction. The arbitration shall take place in the applicable jurisdiction and shall be conducted in English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
These Terms constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior and contemporaneous agreements and understandings. No amendment to these Terms will be effective unless it is in writing and signed by both parties. The failure of either party to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect. You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights under these Terms without your consent. These Terms do not create any third-party beneficiary rights.