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Terms of service

This is a legal agreement between Customer and The Company. Customer agrees to be bound by the terms of this Agreement on behalf of an individual and/or a legal entity by using the Services.

Warranties and Warranty Disclaimer

  1. THE COMPANY WARRANTS THAT THE SERVICES WILL MATERIALLY MEET THE DESCRIPTIONS. THE COMPANY'S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY WILL BE, AT THE COMPANY'S OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES OR TO TERMINATE THE NON-CONFORMING SERVICES, WITH A PRORATED REFUND OF ANY UNUSED PREPAID FEES FROM THE PERIOD OF NON-CONFORMANCE, AS WELL AS RELIEF FROM ANY SUBSEQUENT ANNUAL PAYMENTS DUE. THE COMPANY SHALL GIVE CONSULTING SERVICES, IF ORDERED, IN A PROFESSIONAL AND WORKMANLIKE MANNER. THE COMPANY’S ENTIRE LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY ARE RE-PERFORMANCE OF THE CONSULTING SERVICES OR IF RE-PERFORMANICES IS NOT POSSIBLE, OR CONFORMING, THEN THE COMPANY SHALL PROVIDE A REFUND FOR THE NON-CONFORMING CONSULTING SERVICES.
  2. THE ABOVE LIMITED WARRANTY DOES NOT COVER ACCIDENTS, ABUSE, OR MISUSE IN A MANNER THAT IS CONTRARY TO THIS AGREEMENT OR AS A RESULT OF EVENTS BEYOND THE COMPANY'S REASONABLE CONTROL, INCLUDING UNAVAILABILITY OF AND OPERATION IN COMBINATION WITH A THIRD PARTY NETWORK OR SYSTEM, HARDWARE, SOFTWARE, SERVICE, OR DATA. The Company FURNISHES THE INFORMATION PROVIDED IN THIS MESSAGE TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. IN ADDITION TO THE FOREGOING, THE COMPANY FURNISHES YOU WITH ANY OF THOSE SERVICES ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, YOU UNDERSTAND AND AGREE THAT ANY WARRANTIES, CONDITIONS OF QUALITY, AVAILABILITY, RELIABILITY, SECURITY OR VIRUSES, BUGS OR ERRORS ARE EXCLUDED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS; AS A RESULT, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY.
  3. WE PROVIDE WARRANTIES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW FOR OUR GOODS. FOR A SIGNIFICANT FAILURE, YOU ARE ENTITLED TO A REPLACEMENT OR REFUND, AS WELL AS COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE ITEMS REPAIRED OR REPLACED IF THEY DO NOT CONFORM TO ACCEPTABLE STANDARDS OF QUALITY AND THE FAILURE DOES NOT CONSTITUTE A MAJOR FAILURE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S LIABILITY FOR A CLAIM UNDER OR A BREACH OF ANY WARRANTY OR STATUTORY GUARANTEE THAT IS NOT EXCLUDED SHALL BE LIMITED TO THE PROVISION OF THE SERVICES AGAIN, OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN, AT THE COMPANY'S OPTION.

Limitation of Liability

NEITHER PARTY WILL BE RESPONSIBLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT LOSSES, SUCH AS LOSS OF DATA, INCOME, OPPORTUNITY, PROFITS, OR CREDITS DUE TO SERVICE OUTAGES. THIS EXCLUDES THE CUSTOMER'S INDEMNIFICATION OBLIGATIONS AND ANY BREACH BY THE CUSTOMER OF SECTION 2. IF WE DO NOT PERFORM WELL OR IF YOU ARE NOT HAPPY WITH OUR WORK, WE WILL BE RESPONSIBLE FOR ANY DAMAGES THAT MAY OCCUR. THIS INCLUDES, BUT IS NOT LIMITED TO, BREAKING A CONTRACT, BEING CARELESS OR VIOLATING A LAW. YOU SHOULD TELL US IF YOU THINK WE ARE NOT MEETING YOUR EXPECTATIONS SO WE CAN TRY TO FIX THE PROBLEM. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS MEANS THAT SOME OF THE LIMITATIONS LISTED ABOVE MAY NOT APPLY TO YOU. AS LONG AS CUSTOMER MEETS THEIR OBLIGATIONS UNDER SECTION 2, THEY WILL NOT BE LIABLE FOR ANYTHING ELSE. IF CUSTOMER BREAKS SECTION 2, THEN THEY CAN ONLY BE HELD LIABLE TO THE EXTENT PERMITTED BY LAW. EITHER PARTY'S (AND THEIR RESPECTIVE AFFILIATES', LICENSORS' AND SERVICE PROVIDERS') TOTAL CUMULATIVE LIABILITY ARISING OUT OF THIS AGREEMENT OR ITS TERMINATION SHALL BE LIMITED TO THE AMOUNT PAID FOR THE APPLICABLE SERVICE TWELVE (12) MONTHS BEFORE THE INCIDENT THAT CAUSED THE LIABILITY, OR IN THE CASE OF THE COMPANY CONSULTING SERVICES, THE AMOUNT PAID FOR THE APPLICABLE CONSULTING SERVICE. THIS WILL NOT STOP YOU FROM PAYING ANY FEES YOU OWE UNDER AN ORDER. THE SERVICE DESCRIPTIONS MAY HAVE ADDITIONAL LIMITATIONS OF LIABILITY RELATED TO INDIVIDUAL SERVICES.

Additional Terms

  1. U.S. Government End-Users. If Customer is a U.S. Government agency, Customer agrees that the software being accessed through Services, as well as any software that is downloaded by any User in connection with the Service, constitutes "Commercial Computer Software" as defined in Section 2.101 of the Federal Acquisition Regulation (“FAR”), 48 CFR 2.101. According to the law, U.S. Government agencies must comply with all the terms of this agreement when using, duplicating or disclosing the software and related documentation. This includes complying with any conditions, restrictions or limitations that are set forth in this agreement. If the FAR 12.212 or DFARS 227.7202-1 or 227.7202-3 license terms don't apply, Customer agrees that the Government can use, duplicate, and disclose the software and related Documentation without any restrictions.
  2. Free Trials and Free Customer Accounts. The Company provides free trials and free customer accounts without any warranty. These terms are in conflict with the terms of this agreement.
  3. Third Party Products, Services or Content. Some of the features and functions in The Company may enable you to work with products, services, or content from third party providers. The Company may also provide access to third party products, services, or content directly through the Services. However, these third party products, services, and customer content are not part of the Services and are not warranted or supported by The Company. You should review the terms of use for any third party products, services, or content before using them.
  4. Copyright. The Company has the right to delete or disable any content that it believes is infringing on someone's copyright. If The Company finds that you have repeatedly provided copyrighted materials without permission, The Company may take action against your account. The Company will also share information about copyright infringement with the person who reported the issue.
  5. Security and Privacy. The Company will protect your data by putting in place the security controls required by the The Company Information Security Addendum. The Company will also process your data on your behalf, as set out in Schedule A of the The Company Data Processing Addendum.
  6. High-Risk Use. The customer understands that the Services are not meant for use in high-risk activities.
  7. Export Restriction and Compliance with Laws. The customer agrees that the services they are getting are subject to U.S., foreign, and international laws that control how they can be used. The customer also agrees to follow all of these laws, including the U.S. Export Administration Regulations and the regulations from the Department of Treasury's Office of Foreign Assets Control. Both parties agree to comply with all other laws, rules, and regulations that apply to them. This includes complying with any laws, rules, and regulations that apply to countries/regions that are embargoed or sanctioned, as well as not allowing access to or use of the Services by people who are sanctioned or denied, or for prohibited end-uses under U.S. law without authorization from the U.S. government.
  8. Audit. You agree that The Company may audit your compliance with this Agreement.
  9. Notices. All legal notices required by this agreement must be in writing and delivered in person or sent by certified or registered mail to the last address we have for you, or to any other address that either party may specify in a notice to the other party. If you want to give The Company legal notice, there are three ways to do it. (1) Personal delivery; (2) Email with confirmation of receipt; or (3) Mail it in and send a copy to our official email address. The Company may also send you non-legal notices through messages or dashboards, which will be effective immediately.
  10. Choice of Law and Location for Resolving Disputes. This Agreement and any disputes arising out of or related hereto shall be governed by and construed in accordance with the laws of the State of California. You agree to the exclusive personal jurisdiction and venue in the State and Federal courts within Santa Clara County, California, U.S.A.