TERMS OF SERVICE
Effective June 20, 2013
1. YOUR AGREEMENT WITH CONTINUITYAPP
1.1: Your use of the ContinuityApp, Inc (“ContinuityApp”, “Company”, "we" or "us") service (the “Service”) is governed by this agreement (the "Terms"). "ContinuityApp" means ContinuityApp, Inc., 340 S Lemon Ave #6263, Walnut, CA 91789, United States., and its subsidiaries or affiliates involved in providing the ContinuityApp Service. The “ContinuityApp Services” means the services ContinuityApp makes available through this website, including this website, the ContinuityApp cloud computing platform, the ContinuityApp API, and any other software or services offered by ContinuityApp in connection to any of those.
1.2: This Agreement is effective as of the date Customer starts using the Service. You understand and agree that ContinuityApp will treat your use of the the Service as acceptance of the Terms from that point onwards.
1.3: You agree your purchases of the Service are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by ContinuityApp or any of its affiliates regarding future functionality or features.
2. USE OF THE SERVICE
2.1: The Content processed through your Projects shall not contain any of the following types of content: content that infringes a third party's rights (e.g., copyright) according to applicable law, profane content, hate-related or violent content, content advocating racial or ethnic intolerance, content intended to advocate or advance computer hacking or cracking, gambling, phishing, malicious content, content encouraging conduct that would violate any criminal laws, any other applicable laws, or any third-party rights.
2.2: You may not generate or facilitate unsolicited commercial email ("spam"), such as sending email in violation of the CAN-SPAM Act, imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam, sending unauthorized mail via open, third-party servers.
2.3: You may not intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature.
2.4: You may not interfere with other users' enjoyment of the Service.
2.5: You may not Modify, adapt, translate, or reverse engineer any portion of the Service.
2.6: You may not Use the Service in connection with illegal peer-to-peer file sharing.
4. PAYMENT TERMS
4.1: Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). ContinuityApp reserves the right to suspend your Account for any late payments.
4.2: ContinuityApp may change its fees and payment policies for the Service by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website. Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
4.3: To the fullest extent permitted by law, Customer waives all claims relating to charges unless claimed within sixty days after the charge (this does not affect any Customer rights with its credit card issuer). Refunds (if any) are at the discretion of ContinuityApp and may be in the form of credit for the Service. Nothing in this Agreement obligates ContinuityApp to extend credit to any party.
5. CONTENT ON THE SERVICE
5.1: ContinuityApp reserves the right (but shall have no obligation) to remove any or all Content from the Services. You agree to immediately take down any Content that violates the Section 2, including pursuant to a take down request from ContinuityApp. In the event that you elect not to comply with a request from ContinuityApp to take down certain Content, ContinuityApp reserves the right to directly take down such Content or to disable Projects.
5.2: In the event that you become aware of any violation of the Section 2 by an End User of Projects, you shall immediately terminate such end user's account on your Project. ContinuityApp reserves the right to disable Project in response to a violation or suspected violation of the Section 2.
5.3: You agree that ContinuityApp has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Projects and any Content.
6. INTELLECTUAL PROPERTY RIGHTS
6.1: Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the other’s content or any of the other’s intellectual property. As between the parties, Customer owns all Intellectual Property Rights in any Application and Customer Content, and ContinuityApp owns all Intellectual Property Rights in the Service.
7. TECHNICAL SUPPORT SERVICE
7.1: ContinuityApp's free support offering is available via email, writing to firstname.lastname@example.org.
7.2: ContinuityApp's free support offering covers installation of application dependencies, best practices for configuration of supported application dependencies, general questions about supported software packages, identifying problems preventing an application from starting or running on ContinuityApp, providing workarounds or resolutions for known problems, answering general how-to questions, providing pointers to documentation.
7.3: ContinuityApp's free support offering does not cover general debugging of user applications, rewriting application code for compatibility with ContinuityApp, modifying and/or patching third party or Open Source software packages for compatibility with ContinuityApp.
7.4: ContinuityApp Support offers best effort coverage. Support inquiries may be submitted at any time. The Platform itself is monitored 24x7.
8.1: ContinuityApp may, and you grant us permission to, make recommendations via the Service for products or services we think may be of interest to you based on your Projects, Content, and/or use of the Service. We will never make recommendations directly to your End Users.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONTINUITYAPP DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. CONTINUITYAPP IS NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICE. CUSTOMER IS SOLELY RESPONSIBLE FOR SECURING AND BACKING UP ITS APPLICATION AND CUSTOMER CONTENT. CONTINUITYAPP DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE OR THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. NEITHER THE SOFTWARE NOR THE SERVICE ARE DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
13. LIMITATION OF LIABILITY
13.1: NEITHER PARTY WILL BE LIABLE UNDER THIS AGREEMENT FOR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF THE PARTY KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
13.2: NEITHER PARTY MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN THE AMOUNT PAID BY CUSTOMER TO GOOGLE DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
13.3: These limitations of liability do not apply to breaches of confidentiality obligations, violations of a party’s Intellectual Property Rights by the other party, or indemnification obligations.
14.1: You agree to hold harmless and indemnify ContinuityApp, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "ContinuityApp and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the ContinuityApp Services, (c) your violation of applicable laws, rules or regulations in connection with the ContinuityApp Services, or (d) your Content or your Project, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, ContinuityApp will provide you with written notice of such claim, suit or action.
15. CHANGES TO THE TERMS
15.1: ContinuityApp may make changes to the Terms. If we change the Terms in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
15.2: You understand and agree that if you use the ContinuityApp Services after the date on which the Terms have changed, ContinuityApp will treat your use as acceptance of the updated Terms.
This document is an adaptation of the Heroku Terms of Service and Google App Engine Terms of Service. The original work has been modified. Heroku, Inc and Google, Inc. are not connected with and does not sponsor or endorse ContinuityApp or its use of the work.