End User License Agreement
ACCEPTANCE OF TERMS
This End User License Agreement (Agreement) sets forth the legal contract between you as an end user (“User” or “You” or “Your”) and BillByte, along with its subsidiaries and affiliates (“BillByte” or “We” or “Our”) with respect to access to and use of BillByte’s software (“Software”) and any associated materials or content (“Content”) made available through BillBytes’s (“Site”), including www.billbyte.com (with Software, Site and Content collectively representing the “Services”), as well as any support provided by BillByte (“Support”).
BY ACCEPTING THESE TERMS, OR BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, AND THAT THE INFORMATION YOU PROVIDE IN REGISTERING TO THE SERVICES IS ACCURATE, COMPLETE, AND IS YOURS OR WITHIN YOUR RIGHT TO USE. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THESE TERMS AND MAY NOT USE THE SERVICES.
DESCRIPTION OF SERVICES
The “Services” include (a) the Site, (b) the on-demand BillByte system and BillByte API, and (c) the other services provided to You through the Site based on the plan purchased, including all software, data, text, images, sounds, videos, and other content made available through the Site, or developed via the BillByte API (collectively, “Content”). Any new features added to or augmenting the Services are also subject to this Agreement.
ACCESS AND USE OF THE SERVICES
These Terms apply to all Users of the Services. BillByte grants you a personal, non-exclusive, non-transferable, limited license to use the Services solely for your personal or internal use and subject to the condition that you do not violate the General Restrictions on Use.
Subject only to Your limited right to access and use the Service as expressly granted to You here, BillByte retains all right, title and interest in and to the Services, the Content, and all documentation and tools, and all related intellectual property rights. The Services as a whole are copyrighted as a collective work, and individual works or content appearing on or accessible through the Services owned by or licensed to BillByte or its content providers are likewise subject to copyright protection domestically and internationally. Certain of the names, logos, distinctive features, source identifiers and other materials displayed on the Services, including its “look and feel”, constitute trademarks, trade names, service marks, trade dress or logos (“Marks”), whether or not registered, of Us or other entities. All Marks not owned by BillByte that appear on the Software are the property of their respective owners. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Services.
You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service or Content available to any third party, other than as expressly permitted by these Terms; (b) modify, adapt or hack the Service or Content to falsely imply any sponsorship or association with BillByte, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks; (c) use the Service or Content in any unlawful manner, including but not limited to violation of any person’s privacy rights, infringing any person’s intellectual property rights, or sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, (d) use the Service or Content in any manner that interferes with or disrupts the integrity or performance of the Service and its components; (e) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Service or Content; (f) use the Service or Content to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; or (g) try to use, or use the Service or Content in violation of these Terms.
You are responsible for all information, data, text, messages or other materials that You post or is otherwise transmitted via the Service. You are responsible for maintaining the confidentiality of Your login and account, and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person, and that You will not share a single login among multiple people. You may create separate logins for as many people as Your plan allows.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are at least 13 years of age. If you are under 13 years of age, you may not use the Services without the assistance of a parent or guardian.
DATA PRIVACY AND SECURITY
In providing You the Services We shall maintain appropriate administrative, physical and technical safeguards, consistent with industry standards, to protect the security, confidentiality and integrity of Your data and the personal data of Your end-users. These safeguards include encryption of Your data in transmission (using SSL or similar technologies), and encryption of Your sensitive data at rest.
Neither Party shall, without the prior written consent of the other Party, use or disclose the Confidential Information of the other Party during the Term of the Agreement and for two (2) years following the expiration or termination hereof. As used herein, “Confidential Information” shall mean any non-public information owned or duly licensed by a Party relating to your or our respective business activities, financial affairs, technology, marketing or sales plans disclosed related to the Agreement, and received by, the other Party pursuant to the Agreement, including, but is not limited to, the terms and pricing of the Agreement. Confidential Information shall not include information which: (i) is or becomes public knowledge through no breach of the Agreement by the receiving Party, (ii) is received by recipient from a third party not under a duty of confidence, or (iii) is already known or is independently developed by the receiving Party without use of the Confidential Information. Each Party will take all reasonable precautions to protect the other Party’s Confidential Information, using at least the same standard of care as it uses to maintain the confidentiality of its own Confidential Information. Notwithstanding the foregoing, a Party may disclose Confidential Information: (i) to any consultants, contractors, and counsel who have a need to know in connection with your Agreement and have executed a reasonably protective non-disclosure agreement with the disclosing Party, or (ii) pursuant to legal process; provided that, the disclosing Party shall, unless legally prohibited, provide the non-disclosing Party with reasonable prior written notice sufficient to permit it an opportunity to contest such disclosure.
BILLING & PAYMENT
The Service is made available on a pay-as-you-go basis. On the 1st of every month, We will bill you for 1% of total cost of previous month or monthly minimum for Your package; whichever is higher. You will have to clear your invoice by the 7th of each month for previous months charge.
The Service provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive a receipt by email upon each payment received, or may obtain a receipt from within the application to be able to track the status of Your subscription. We reserve the right to modify our pricing terms, including the amounts We charge You for the Service, upon providing you thirty days advance notice. If you do not agree to our modified terms, you may immediately terminate this Agreement.
Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against BillByte based on its income. We will invoice You for such Taxes if we believe we have a legal obligation to do so and You agree to pay such Taxes if so invoiced.
TERMINATION AND CANCELLATION
Your rights under this Agreement will automatically and immediately terminate if you fail to comply with your promises and obligations stated in this Agreement. You understand and agree that upon termination of this Agreement or termination of your use of the Services, we retain the license rights granted to us under this Agreement. Notwithstanding the foregoing, it is our policy to retain all information provided to us and stored in your Account for fourteen (14) days after the termination of your Account. After fourteen (14) days, we may delete your information from our servers except as required by law or as otherwise agreed to between you and us. You understand that if you want to use our Services after termination of your Account, you may need to re-register with us.
You or the account owner (as defined in the sign-up procedure) is responsible for canceling Your account, and can cancel the account by either using the account information page (for immediate cancellation if You paid by credit card) or by contacting BillByte at firstname.lastname@example.org. There are no other means of canceling Your account. Once You cancel Your account You will lose access to all of Your content, and We reserve the right to delete all such content in the normal course of operation. This content cannot be recovered once Your account is cancelled.
You have the option to cancel Your service before the 1st invoice is raised. This will give You 30 days to test the service without paying anything.
DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED ”AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. BILLBYTE AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT WARRANT THAT THE SYSTEM, CONTENT OR ANY MATERIALS OR SERVICES AVAILABLE ON OR THROUGH THE SERVICES OR THROUGH CLOUDCHECKR ARE OR WILL BE ACCURATE, CURRENT, ERROR-FREE, VIRUS FREE, RELIABLE OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THE SYSTEM IS OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS OR THAT DEFECTS WILL BE CORRECTED. CLOUDCHECKR IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. BILLBYTE DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SYSTEM; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL BILLBYTE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless BillByte, its officers directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.
You may not assign or otherwise transfer your rights or obligations (or any portion(s) of them) under the Agreement, or delegate your obligations (or any portion(s) of them) to pay amounts you owe us in relation to your use of the Services without our prior written consent. You also may not assign or delegate any claims, rights of action, causes of actions or claims held by you against us without our prior written consent. Any attempt to assign or delegate will be void and of no effect. We may assign any or all of our rights and obligations (or any portion(s) of them) under the Agreement at any time without your consent. Any person to which we assign the Agreement or any right(s) or obligations under it shall be entitled to all such of our rights or obligations so assigned.
We may change this Agreement from time to time. Any such changes will become effective when posted on www.cloudcheckr.com. If you object to any such changes, your sole recourse will be to cease using the Services. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Agreement, inclusive of such changes.
We reserve the right to modify the System and/or Services at any time without notice. If you object to any changes to the System or Services, your sole recourse will be to cease using them. Continued use of the System or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the System and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the System or the Services.
If any provision in these Terms is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted so as to best accomplish the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
This Agreement represents the entire agreement among the Parties regarding the subject matter thereof and the Parties’ respective obligations and commitments herein. No other documents, or oral or written agreements among the Parties reflect in any way on the agreements laid out in this Agreement, and this Agreement supersedes and replaces any and all previous agreements between the parties. We may amend these Terms from time to time, in which case the new Terms will supersede prior versions. Any changes will be published on the website, with or without notice to You, and will be deemed to have been accepted seven days after publication. By continuing to use the Service, You are agreeing to these terms.