If you are creating an account in order to use the SaaS services on behalf of an organization, then you are agreeing to these terms for that organization and promising to us that you have the authority to bind that organization to these terms (and, in which case, "User" refers to that organization).
You may be asked to agree to these terms if you are: (a) an end customer using Company's SaaS services ("End Customer"), or (b) an individual or entity to whom an end customer or the company wishes to grant access to the grantor's data or account or to receive certain notifications.
By using our SaaS services, you are agreeing to all the terms. If you do not agree with any of these terms, do not access or otherwise use the SaaS services.
Acceptance of Terms
By accessing and using the software provided by Aide Support Inc., User agrees to be bound by the terms and conditions of this Agreement. If User does not agree with any part of this Agreement, User must not use the software.
Using Company Services
In order to use our services, you must register for an account. You are responsible for maintaining the confidentiality of your login and password ("Access Credentials"), and you are responsible for all activities that occur using your Access Credentials. You agree not to share your Access Credentials, let others access or use your Access Credentials or do anything else that might jeopardize the security of your Access Credentials. You agree to promptly notify Company if your Access Credentials are lost, stolen, if you are aware of any unauthorized use of your Access Credentials on the SaaS Services or if you know of any other breach of security in relation to the SaaS Services.
All the information that you provide when registering for an account and otherwise through the SaaS Services must be accurate, complete and up to date. You may change, correct or remove certain information from your account by logging into your account directly and making the desired changes.
License Grant
Aide Support Inc. grants User a non-exclusive, non-transferable, revocable license to use the software solely for the purposes of its intended use. User shall not sublicense, distribute, or modify the software or any part thereof without the express written consent of Aide Support Inc. All rights not expressly granted by Company to you are reserved.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Intellectual Property
All intellectual property rights, including but not limited to copyright, trademarks, and trade secrets, in the software and any related documentation are the exclusive property of Aide Support Inc. User shall not reproduce, reverse engineer, decompile, or otherwise attempt to derive the source code of the software.
Your Responsibilities
You shall not, directly or indirectly, and you shall not permit any third party to: (a) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the SaaS Services; (b) modify, translate, or create derivative works based on any element of the SaaS Services; (c) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the SaaS Services; (d) use the SaaS Services for timesharing purposes or otherwise for the benefit of any person or entity (other than you or an End Customer to whom you are providing services); (e) remove any proprietary notices from the SaaS Services; (f) use the SaaS Services for any purpose other than its intended purpose; (g) interfere with or disrupt the integrity or performance of the SaaS Services; or (h) attempt to gain unauthorized access to the SaaS Services or their related systems or networks.
You shall: (a) be solely responsible for all use of the SaaS Services under your account; (b) use the SaaS Services only in accordance with these Terms; (c) use the SaaS Services only in accordance with all applicable laws and regulations, including, without limitation, privacy laws, data protection laws and biometric privacy laws; and (d) provide Company with reasonable cooperation regarding information requests from law enforcement or regulators.
In addition, you are solely responsible for all information, data, photos, videos, text, messages, and other content and materials submitted, stored, posted, displayed, or otherwise transmitted by or on behalf of you and received and stored by the SaaS Services (“Data”). You acknowledge and understand that your Data includes potentially personally-identifiable information. You may not submit, store, post, display, or otherwise transmit to the SaaS Services any Data that is protected by any intellectual property rights, privacy rights, publicity rights or other rights of any third party without the express permission of the third party. Without limiting the foregoing, you represent, warrant and covenant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary rights, permissions and consents, including, without limitation, those required under any applicable privacy laws, data protection laws and biometric privacy laws, to provide your Data to Company for use in accordance with these Terms.
The our services utilize software and technology that may be subject to United States and foreign export controls. You acknowledge and agree that the SaaS Services shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the SaaS Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. The SaaS Services may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000. You agree to comply strictly with all applicable export laws.
You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of Company in connection with these Terms. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If you learn of any violation of the above restriction, you will use reasonable efforts to promptly notify Company. You represent and warrant to Company that you are not currently identified on the Specially Designated Nationals and Blocked Persons List maintained by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”) or on any other similar list maintained by OFAC pursuant to any authorizing statute, executive order or regulation, and you are not a person or entity with whom a citizen of the United States is prohibited to engage in transactions by any trade embargo, economic sanction, or other prohibition of United States law, regulation, or Executive Order of the President of the United States.
Company is entitled to delete your Data or suspend your access to the SaaS Services: (a) where you are in breach of these Terms; (b) where removal or blocking of your Data is necessary to protect the security, or integrity of the SaaS Services, the Company, or any third party; or (c) in order to respond to law enforcement or any other governmental authority.
Fees
If you purchase Paid Services, you agree to pay all applicable fees.
Except as otherwise expressly stated in an Order Form, all fees are exclusive of any applicable taxes, levies, duties, or other similar exactions imposed by a legal, governmental, or regulatory authority in any applicable jurisdiction, including, without limitation, sales, use, value-added, consumption, communications, or withholding taxes (collectively, “Taxes”). You will pay all Taxes associated with your order, except such Taxes imposed on or measured by Company’s net income.
Except as otherwise expressly stated herein or in an Order Form, payment obligations are non-cancelable and non-refundable. Fees payable will be made without setoff or counterclaim, and without any deduction or withholding.
If Company does not receive fees by the due date, and any amounts owed by you are ten or more days overdue, Company may, without limiting Company’s other rights and remedies, suspend or terminate your access to the SaaS Services and account and terminate these Terms.
Company may make available to you a variety of licenses, including, without limitation, usage-based licenses. Company’s fees for usage-based licenses will be as communicated in writing by Company to you from time to time, and Company reserves the right to change Company’s fees for usage-based licenses, except that any changes will not apply retroactively.
Proprietary Rights
As between you and Company, all right, title and interest in the SaaS Services, and all modifications and enhancements thereof, including all copyright rights, patent rights and other intellectual property rights in each of the foregoing, belong to and are retained solely by Company or Company’s licensors and providers, as applicable. You hereby grant Company a royalty-free, fully paid-up, worldwide, transferable, irrevocable, perpetual license (with rights to sublicense through multiple tiers of sublicensees) to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, publicly perform, practice and exploit all evaluations, ideas, feedback and suggestions made by you to Company regarding the SaaS Services (collectively, “Feedback”) and all intellectual property rights in the Feedback.
You grant to Company a non-exclusive, royalty-free, fully paid-up, worldwide, transferrable license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your Data to provide the SaaS Services to you during the term of your Order Form, or if you are using Free Services, during the period during which you have an account to access the Free Services. Company agrees to use any personally identifiable information contained in any of your Data in accordance with Company’s Privacy Policy.
You acknowledge and agree that the SaaS Services provided to you include the improvement of such SaaS Services, and accordingly, Company may use your Data for the purposes of improving the SaaS Services. Company may, unless prohibited by applicable law, de-identify and/or anonymize your Data and any other data and information relating to your use of the SaaS Services (with the resulting de-identified or anonymized data and information being referred to herein as “De-identified Data”) and aggregate such De-identified Data, including without limitation aggregation with other information received by Company from its other customers and from other data sources (collectively, “Aggregated Data”) for the purpose of providing the SaaS Services and enhancing the features, functions, and performance of the SaaS Services. All De-identified Data and Aggregated Data shall be owned solely and exclusively by Company. You further acknowledge and agree that De-identified Data and Aggregated Data cease to be personal information, and Company may, during and after the term of these Terms, use, reproduce, disclose, distribute, sell and otherwise commercialize such De-identified Data and Aggregated Data.
Termination, Auto-Renewal and Survival
If you use Free Services, with respect to such Free Services, either party may terminate these Terms for any reason or for no reason upon written notice to the other party.
If you purchase Paid Services, these Terms continue for the duration of the subscription period set forth in your Order Form, except that (i) either party may terminate these Terms (including any and all Order Forms) upon written notice to the other party in the event the other party commits a material breach of these Terms and fails to remedy such material breach within 30 days of written notice of such material breach (or in case of your failure to pay fees, within 10 days of written notice of such failure), and (ii) Company may suspend or terminate usage-based licenses in Company’s sole discretion upon written notice to you.
If you purchase Paid Services directly from Company (as opposed to purchasing Paid Services from a Company Representative or using Free Services), except as otherwise set forth in your Order Form, your subscription (and these Terms) shall automatically renew for additional periods equal to the subscription period set forth in your Order Form unless, at least 30 days prior to the expiration of your then-current subscription period, (i) you notify Aide Support [email protected] that you do not wish to renew or (ii) Company gives you notice through the SaaS Services interface or other written notice that Company does not want to renew. If your subscription automatically renews, you will continue to be charged to the payment method you selected.
If you purchase Paid Services directly from Company (as opposed to purchasing Paid Services from a Company Representative or using Free Services), and you have paid Company for the first month of your initial subscription period, you may nonetheless cancel your subscription within the first 14 days of your initial subscription period by contacting Aide Support [email protected] . In that case, the subscription will terminate at the end of the first month of your initial subscription period. No refund will be given to you, but you will not be billed for the remainder of your initial subscription period. After the first 14 days of your initial subscription period, you may not cancel your subscription prior to the end of your initial subscription period.
Upon any termination of these Terms, your account terminates, and you must cease any further use of the SaaS Services. If you purchase Paid Services, Company will make your Data available to you through the SaaS Services, solely for purposes of you retrieving your Data, for a period of 30 days after termination of these Terms.
The termination or expiration of these Terms for any reason shall not affect the Company's rights or your obligations that expressly or by their nature continue and survive (including, without limitation, the provisions concerning intellectual property ownership, limitation on liability, indemnity, license to use Feedback, right to use De-identified Data and Aggregated Data, warranties, and the warranty disclaimers).
Indemnification
You shall indemnify and hold harmless Company and its officers, directors, employees, affiliates, agents, licensors, and business partners from claims, suits, actions, demands and proceedings (including action by a government authority) and all losses, damages, costs, expenses (including reasonable attorneys’ fees) and liabilities related thereto arising out of or related to (a) your use of the SaaS Services or the use of the SaaS Services by any person using your Access Credentials other than as authorized hereunder, (b) your Data, (c) any claim or demand from a third party or government authority that your use of the SaaS Services or the use of the SaaS Services by any person using your Access Credentials violates any applicable law or regulation, including, without limitation, privacy laws, data protection laws and biometric privacy laws, or the intellectual property rights, privacy rights, publicity rights or other rights of any third party, (d) your breach of these Terms, or (e) your access or use of the SaaS Services from outside the United States. Company has the right to control the defense of any claim, action, or matter subject to indemnification by you with counsel of Company’s choosing. You shall fully cooperate with Company in the defense of any such claim, action, or matter.
Changes
Company may make changes to the services at any time. In addition, Company can change, update, or add or remove provisions of these Terms, at any time, by posting the updated Terms on the SaaS Services or otherwise providing notice to you, provided that, if you purchase Paid Services, any changes that materially reduce Company’s obligations under these Terms with respect to those Paid Services do not apply during the then-current term of the applicable Order Form. By using the SaaS Services after Company has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the SaaS Services.
Automatic Software Updates
Company may, from time to time, develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the SaaS Services and/or the hardware products with which you use the SaaS Services (“Updates”). These may be automatically installed, including, without limitation, installation on the hardware products with which you use the SaaS Services, without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your account and stop using the SaaS Services.
Disclaimer of warranties
Except as otherwise expressly set forth herein, to the maximum extent permitted by applicable law, company, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the saas services, including, without limitation, with respect to quality, suitability, accuracy or completeness. Except as otherwise expressly set forth herein, to the maximum extent permitted by applicable law, the saas services are provided to you on an “as is,” “as available” and “where-is” basis, and company hereby disclaims and excludes all warranties, whether statutory, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement under the ucc.
Except as otherwise expressly set forth herein, company does not warrant that: (a) the use of the saas services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data; (b) the saas services will meet your requirements or expectations; (c) any stored data will be accurate or reliable; (d) the quality of any information or other material obtained through the saas services will meet your requirements or expectations; (e) the saas services will be error-free or that errors or defects in the saas services will be corrected; or (f) the server(s) that make the saas services available are free of viruses or other harmful components. The saas services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Company is not responsible for any delays, delivery failures, or other damages resulting from such problems.
Limitation on Liability
To the maximum extent permitted by applicable law, in no event shall company be liable to you for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if company knows there is a possibility of such damage.
To the maximum extent permitted by applicable law and notwithstanding anything to the contrary, company shall not be liable to you for any amounts that, together with amounts associated with all other claims, exceed the fees paid by you directly to company for the saas services in the twelve months prior to the act that gave rise to the liability, in each case, whether or not company has been advised of the possibility of such damages.
If you purchase paid services, with respect to such paid services:
- the foregoing limitation on liability provisions in favor of company will not apply to company’s fraud, willful misconduct or gross negligence. - except for your indemnification obligations, your violation of company's intellectual property rights, and your fraud, willful misconduct or gross negligence, to the maximum extent permitted by applicable law, in no event shall you be liable to company for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if you know there is a possibility of such damage. - except for your indemnification obligations, your violation of company's intellectual property rights, your fraud, willful misconduct or gross negligence, and your obligation to pay fees under order forms, to the maximum extent permitted by applicable law and notwithstanding anything to the contrary, you shall not be liable to company for any amounts that, together with amounts associated with all other claims against you by company, exceed the aggregate of fees paid and payable by you for the saas services in the twelve months prior to the act that gave rise to the liability, in each case, whether or not you has been advised of the possibility of such damages.
The limitations in this section shall apply to the maximum extent permitted by applicable law and shall apply even if an exclusive or limited remedy stated herein fails of its essential purpose without regard to whether such claim is based in contract, tort (including negligence), product liability or otherwise.
Contact Information
If you have any questions about these Terms of Service, please contact us at [email protected]