Last Updated: 2025-09-30
Agreement to Terms
By accessing or using [Company Name]'s software-as-a-service platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
These Terms constitute a legally binding agreement between you (either as an individual or on behalf of an entity) and [Company Name] ("we," "us," or "our").
Definitions
- "Account" means the account you create to access and use the Service
- "Customer Data" means any data, content, or materials you upload, submit, or transmit through the Service
- "Subscription" means your paid or trial access to the Service under a specific plan
- "User" means any individual who accesses or uses the Service through your Account
- "Documentation" means our official guides, manuals, and instructions for using the Service
Eligibility
To use the Service, you must:
- Be at least 18 years old
- Have the legal capacity to enter into binding contracts
- Not be prohibited from using the Service under applicable laws
- Provide accurate, current, and complete registration information
- Not have been previously suspended or banned from the Service
If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Account Registration and Security
Account Creation
You must create an Account to use the Service. You agree to:
- Provide accurate and complete information during registration
- Maintain and update your information to keep it accurate
- Keep your password secure and confidential
- Notify us immediately of any unauthorized access or security breach
- Accept responsibility for all activities that occur under your Account
Account Responsibility
You are responsible for:
- All Users you authorize to access your Account
- Ensuring your Users comply with these Terms
- Any actions taken using your Account credentials
- Maintaining appropriate security measures
We reserve the right to suspend or terminate Accounts that violate these Terms or pose security risks.
Subscriptions and Billing
Subscription Plans
We offer various subscription plans with different features, usage limits, and pricing. Details are available on our website.
Billing
- Subscriptions are billed in advance on a recurring basis (monthly or annually)
- You authorize us to charge your payment method on each billing cycle
- All fees are non-refundable except as required by law or expressly stated
- We may change our pricing with 30 days' notice for existing customers
- Taxes are your responsibility and are not included in subscription fees
Free Trials
- Free trials are subject to eligibility requirements
- We may require payment information to start a trial
- Trials automatically convert to paid subscriptions unless canceled
- One free trial per customer unless otherwise specified
Renewals and Cancellations
- Subscriptions automatically renew unless you cancel before the renewal date
- You can cancel at any time through your Account settings
- Cancellations take effect at the end of the current billing period
- No refunds are provided for partial subscription periods
Payment Failures
If a payment fails:
- We will attempt to charge your payment method again
- Your access may be suspended until payment is received
- Your Account may be downgraded or terminated after repeated failures
- You remain responsible for any outstanding amounts
Acceptable Use Policy
Permitted Use
You may use the Service only for lawful purposes and in accordance with these Terms.
Prohibited Activities
You agree not to:
- Violate any laws, regulations, or third-party rights
- Upload or transmit viruses, malware, or harmful code
- Attempt to gain unauthorized access to the Service or related systems
- Interfere with or disrupt the Service or servers
- Use automated systems (bots, scrapers) without written permission
- Reverse engineer, decompile, or disassemble the Service
- Remove or alter any proprietary notices or labels
- Use the Service to send spam or unsolicited communications
- Impersonate any person or entity
- Collect user information without consent
- Use the Service for illegal, fraudulent, or malicious purposes
- Resell or redistribute the Service without authorization
- Use the Service in any way that could harm minors
- Upload content that infringes intellectual property rights
- Post defamatory, obscene, or offensive content
Content Restrictions
You may not upload or transmit:
- Illegal or unauthorized content
- Content that infringes intellectual property rights
- Malicious code or security threats
- Confidential information you do not have the right to share
- Content that violates privacy rights
- Hate speech, harassment, or discriminatory content
Intellectual Property Rights
Our Rights
The Service, including all software, designs, text, graphics, logos, and other materials, is owned by [Company Name] or our licensors and is protected by copyright, trademark, and other intellectual property laws.
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. This license does not include any rights to:
- Modify, copy, or create derivative works
- Distribute, sell, or transfer the Service
- Use the Service for competitive purposes
- Access the Service's source code
Your Rights
You retain all rights to your Customer Data. By using the Service, you grant us a worldwide, non-exclusive license to:
- Host, store, and process your Customer Data
- Display your Customer Data as necessary to provide the Service
- Create backups and perform technical operations
- Use aggregated, anonymized data for analytics and improvements
You represent and warrant that:
- You own or have rights to all Customer Data
- Your Customer Data does not violate any laws or third-party rights
- You have obtained all necessary consents for data processing
Feedback
If you provide suggestions, ideas, or feedback about the Service, we may use this feedback without any obligation to you.
Customer Data
Your Responsibilities
You are solely responsible for:
- The accuracy, quality, and legality of your Customer Data
- The means by which you acquired Customer Data
- Backing up your Customer Data independently
- Compliance with data protection laws applicable to your Customer Data
Our Use of Customer Data
We will:
- Use Customer Data only to provide and improve the Service
- Implement reasonable security measures to protect Customer Data
- Not sell or share Customer Data except as described in our Privacy Policy
- Return or delete Customer Data upon termination as requested
Data Processing Agreement
If you process personal data of EU residents, our Data Processing Agreement (DPA) governs such processing.
Service Availability and Support
Service Level
We strive to maintain high availability but do not guarantee uninterrupted access. The Service is provided "as is" and may experience:
- Scheduled maintenance (with advance notice when possible)
- Emergency maintenance without notice
- Service interruptions due to circumstances beyond our control
Support
Support is provided according to your subscription plan:
- Email support during business hours
- Priority support for higher-tier plans
- Self-service resources (documentation, FAQs)
Response times vary by plan and are not guaranteed.
Service Modifications
We reserve the right to:
- Modify or discontinue features with reasonable notice
- Update the Service to improve performance or security
- Change system requirements or supported platforms
Third-Party Services
The Service may integrate with third-party services or contain links to third-party websites. We are not responsible for:
- The availability or performance of third-party services
- The privacy practices or content of third-party services
- Any damages resulting from your use of third-party services
Your use of third-party services is subject to their respective terms and policies.
Confidentiality
Each party agrees to:
- Protect the other party's confidential information
- Use confidential information only for purposes of this agreement
- Not disclose confidential information to third parties without consent
- Return or destroy confidential information upon termination
Confidential information does not include information that is:
- Publicly available through no breach of these Terms
- Rightfully received from a third party
- Independently developed without using confidential information
- Required to be disclosed by law
Warranties and Disclaimers
Limited Warranty
We warrant that the Service will substantially conform to the Documentation under normal use.
Disclaimer
EXCEPT AS EXPRESSLY PROVIDED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- TITLE
- ACCURACY OR COMPLETENESS
WE DO NOT WARRANT THAT:
- The Service will be uninterrupted, secure, or error-free
- Defects will be corrected
- The Service is free of viruses or harmful components
- Results obtained will be accurate or reliable
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Exclusion of Damages
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:
- Loss of profits, revenue, or data
- Business interruption
- Loss of goodwill
- Cost of substitute services
This applies regardless of the legal theory (contract, tort, negligence, etc.) and even if we were advised of the possibility of such damages.
Cap on Liability
OUR TOTAL LIABILITY ARISING OUT OF THESE TERMS SHALL NOT EXCEED THE GREATER OF:
- The amounts paid by you in the 12 months preceding the claim, or
- $100
Exceptions
Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless [Company Name], its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:
- Your use of the Service
- Your Customer Data
- Your violation of these Terms
- Your violation of any laws or third-party rights
- Any activities conducted through your Account
We reserve the right to assume exclusive defense and control of any matter subject to indemnification.
Term and Termination
Term
These Terms begin when you first access the Service and continue until terminated.
Termination by You
You may terminate at any time by:
- Canceling your Subscription through Account settings
- Closing your Account
- Ceasing all use of the Service
Termination by Us
We may suspend or terminate your access immediately if:
- You breach these Terms
- Your Account poses security risks
- You engage in fraudulent activity
- Required by law
- You fail to pay fees when due
We may also terminate with 30 days' notice for any reason.
Effects of Termination
Upon termination:
- Your right to access the Service immediately ceases
- We may delete your Account and Customer Data after 30 days
- You remain liable for all fees incurred prior to termination
- Provisions that by their nature should survive will remain in effect
Data Retrieval
You may export your Customer Data within 30 days of termination. After this period, we may permanently delete your data.
Changes to Terms
We may modify these Terms at any time by:
- Posting the updated Terms on our website
- Notifying you via email or through the Service
- Displaying a notice when you log in
Material changes take effect:
- 30 days after notice for existing customers
- Immediately for new users
Your continued use after changes take effect constitutes acceptance. If you do not agree, you must stop using the Service.
Dispute Resolution
Governing Law
These Terms are governed by the laws of [State/Country], without regard to conflict of law principles.
Informal Resolution
Before filing a claim, you agree to try to resolve disputes informally by contacting us at [support@yourcompany.com].
Arbitration Agreement
Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with [Arbitration Association] rules, except:
- Claims for injunctive or equitable relief
- Small claims court actions
- Intellectual property disputes
Arbitration will be conducted in [City, State/Country]. Each party bears its own costs unless otherwise awarded.
Class Action Waiver
You agree to resolve disputes on an individual basis. You waive any right to participate in class actions, class arbitrations, or representative actions.
Jury Trial Waiver
You waive your right to a jury trial for any disputes.
General Provisions
Entire Agreement
These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and [Company Name].
Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in full effect.
Waiver
Our failure to enforce any provision does not constitute a waiver of that provision or our right to enforce it later.
Assignment
You may not assign these Terms without our written consent. We may assign these Terms at any time, including in connection with a merger or sale.
Force Majeure
We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.
Notice
Notices to you may be sent to the email address associated with your Account. Notices to us should be sent to [legal@yourcompany.com].
Relationship
These Terms do not create a partnership, joint venture, employment, or agency relationship.
Export Compliance
You agree to comply with all export and import laws and regulations applicable to the Service.
U.S. Government Users
If you are a U.S. government entity, the Service is a "Commercial Item" as defined at 48 C.F.R. §2.101.
Contact Information
For questions about these Terms, contact us at:
[Company Name]
Email: [legal@yourcompany.com]
Address: [Physical Address]
Phone: [Phone Number]