Floobits Enterprise Terms of Service
Terms of Service for Enterprise Customers
The following terms and conditions govern all use of Floobits Enterprise and all content, services and products available at or through it, (taken together, the Website). The Website is owned and operated by Floobits, Inc. (“Floobits”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on this Site by Floobits (collectively, the “Agreement”).
Payment and Renewal
General Terms
Optional paid services are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Floobits the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
Automatic Renewal
Unless you notify Floobits before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Floobits links, and that link to Floobits. Floobits does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Floobits does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Floobits disclaims any responsibility for any harm resulting from your use of external websites and webpages.
Intellectual Property
This Agreement does not transfer from Floobits to you any Floobits or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Floobits. All trademarks, service marks, graphics and logos used in connection with Floobits, or the Website are trademarks or registered trademarks of Floobits or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Floobits or third-party trademarks.
Disclaimer of Warranties
The Website is provided “as is”. Floobits and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Floobits nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will Floobits, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Floobits under this agreement during the twelve (12) month period prior to the cause of action. Floobits shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the Floobits Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Floobits, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Floobits and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Floobits, or by the posting by Floobits of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Floobits may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These terms of service are based on Automattic’s CC-by-SA licensed terms of service. Anyone is free to use and modify this work, provided they attribute the original and share their work under a similar license.
Floobits On-Premeses Software
In addition to the above terms, Floobits also has some rules regarding the software that we ship to you, the enterprise customer. Though Floobits Enterprise runs on your infrastructure, there are some restrictions on what you can do with it. Performing or attempting the following actions are a violation of our terms of service:
- Redistributing or reselling our software
- Reverse-engineering our software or protocols
- Circumventing any license restricitons
In the event of cancellation or termination, you agree to delete all instances of our software within 30 days.