Last updated: 05/31/2024
These Terms of Service ("Terms") govern your use of our customer relationship management software ("Service"). By using our Service, you agree to these Terms. If you do not agree, do not use our Service.
1.1. Account Information: When creating an account, you must provide accurate, current, and complete information as prompted by the registration form. You must maintain and promptly update this information to keep it accurate, current, and complete.
1.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You are also responsible for all activities that occur under your account.
1.3. Notification of Unauthorized Use: You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with this obligation.
2.1. Lawful Use: You may use the Service only for lawful purposes. You must not use the Service:
• In any way that breaches any applicable local, national, or international law or regulation.
• In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
2.2. Prohibited Activities: You agree not to use the Service:
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our content standards.
• To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2.3. Interference and Disruption: You must not attempt to interfere with or disrupt the Service, servers, or networks connected to the Service.
3.1. Subscription Fees: You agree to pay the subscription fees and any other charges incurred in connection with your use of the Service, in accordance with the fee schedule, billing terms, and payment policies set forth on our website.
3.2. Non-Refundable Fees: All fees and charges are non-refundable, except as required by law or as otherwise specified in writing by us.
3.3. Fee Changes: We reserve the right to change our fees at any time. We will provide you with advance notice of any fee changes, and your continued use of the Service after the fee change constitutes your agreement to pay the modified fee.
4.1. Privacy Policy: We are committed to protecting your privacy. Our Privacy Policy explains how we collect, use, and disclose information about you. By using the Service, you agree to our collection, use, and disclosure practices, and other activities as described in our Privacy Policy.
4.2. Data Ownership: You retain ownership of any data you submit to the Service. We do not claim any ownership rights in your data. However, by submitting data to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, publish, transmit, host, and display that data for the purposes of operating and providing the Service.
4.3. Data Security: We implement appropriate technical and organizational measures to protect your data. However, you acknowledge that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee the absolute security of your data.
5.1. Service Ownership: All intellectual property rights in the Service and any related documentation are owned by [Your Company]. You acknowledge that you do not acquire any ownership rights in the Service by using the Service.
5.2. License Grant: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes.
5.3. Restrictions: You agree not to:
• Copy, modify, or create derivative works based on the Service.
• Reverse engineer, decompile, or disassemble the Service.
• Sell, resell, rent, lease, or distribute the Service to any third party.
6.1. Termination by Us: We may terminate or suspend your access to the Service at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Service, us, or third parties, or for any other reason in our sole discretion.
6.2. Termination by You: You may terminate your account at any time by contacting us. Upon termination, you must cease all use of the Service.
6.3. Effect of Termination: Upon termination, your right to access and use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
7.1. As-Is Basis: The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
7.2. No Warranty: We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects or errors will be corrected.
8.1. Indirect Damages: In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service.
8.2. Liability Cap: Our total liability to you for any claims arising out of or relating to the Service or these Terms, whether in contract, tort, or otherwise, is limited to the amount you have paid us in the 12 months preceding the date of the claim.
9.1. Applicable Law: These Terms are governed by and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law principles.
9.2. Dispute Resolution: Any disputes arising out of or relating to these Terms or the Service will be resolved exclusively in the courts of Ontario, Canada. You agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.
10.1. Modification of Terms: We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. It is your responsibility to review these Terms periodically.
10.2. Acceptance of Changes: Your continued use of the Service after the changes take effect constitutes your acceptance of the new Terms.
If you have any questions about these Terms, please contact us at hello@herodash.ai.