Pawfinity Software License Agreement
PAWFINITY LICENSE AGREEMENT
ATTENTION! Carefully read the following terms and conditions that govern the Pawfinity software as a Service ("Service"). By using this Service and related hosted services, You (the "Licensee") are consenting to the terms of this agreement and accepting that they will be legally binding on You and any end user who may obtain this Service through You or Your company. If You do not agree to the terms of this agreement, You may not use the Service.
Throughout this document, "Service" refers to items written by Pawfinity (the "Licensor"), including, but not limited to, Pawfinity services, Pawfinity documentation, and/or all other files included in the Pawfinity software package. "You" or "Licensee" means the natural person or the entity that is agreeing to be bound by this agreement, and any employees and third party contractors that provide services to You. You shall be liable for any failure by such employees and third party contractors to comply with the terms of this agreement.
2. LICENSE. In consideration of payment of the license subscription fee for the use of the Service, You may use the Service in accordance with the following:
- Each registered business account may operate only one business entity
- Use the Pawfinity service for data input, backup, and storage.
- Rights not expressly granted by this section are reserved by Pawfinity
3. RESTRICTIONS ON USE. You may not:
- Permit other businesses to use the Service except under the terms listed herein;
- Modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction) or create derivative works based on the Service;
- Attempt to gain unauthorized access to the hosted services, web servers, or related Pawfinity systems or networks;
- Use the Service or Pawfinity hosted services in any manner that is not in accordance with applicable documentation and all applicable laws and government regulations;
- Rent, lease, grant a security interest in or otherwise transfer rights to the Service; nor
- Remove any proprietary notices or labels displayed in the Service or on its output.
- Multi-owner public and private Corporations, S-Corporations, Franchise organizations, and any organization funded by or paying dividends to investors are all explicitly limited to one physical operating location PER-LICENSE. Individual franchisees owning more than one franchise location may be permitted to operate more than one location through a single PAWFINITY license with written permission.
4. OWNERSHIP. Title, ownership rights, and intellectual property rights in the Service shall remain in Pawfinity. The Service is protected by copyright laws and treaties. Title and related rights in the content which may accessed through the Service or hosted services is the property of the applicable content owner and may be protected by law. This license gives You no rights to such content except for data that You upload and store.
5. TERM. The Service and related hosted services are delivered electronically via a secure web site, and delivery is deemed complete when the Service is first made available to You. The license is effective until terminated. You may terminate the license at any time by canceling payment renewal of the Service license subscription fee however, no refunds will be distributed or service fee prorated for the remainder of the term. The license will terminate automatically if You fail to comply with the limitations described in this agreement or You fail to pay the license fee.
6. FREE TRIAL. A free trial of The Service is made available to verifiable pet-service businesses only. Free trial accounts require identity verification. Any account failing verification will be denied service. In the event that a business entity cannot be reasonably verified, the Licensee will be considered as suitable verification. This free trial period is not guaranteed nor inherently applied to any new Licensee and may be revoked at any time without warning. The free trial carries no monetary value and cannot be refunded.
7. DISCLAIMER. The Service is provided "as is" and without warranty of any kind. No dealer, agent or employee of Pawfinity is authorized to make any warranty regarding the Service. It is the sole responsibility of the client to access their paid account and take part in the service once a subscription has been initiated. PAWFINITY DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SERVICE. THE LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO ANY OTHER MATTERS, INCLUDING NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR MERCHANTABILITY, FITNESS OR SATISFACTORY QUALITY FOR ANY PARTICULAR PURPOSE. THE TERMS OF THIS SECTION SURVIVE THE TERMINATION OF THIS AGREEMENT IRRESPECTIVE OF THE CAUSE OF THE TERMINATION, BUT DO NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SERVICE AFTER TERMINATION OF THE AGREEMENT.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE SHALL PAWFINITY OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL PAWFINITY BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT PAWFINITY RECEIVED FROM YOU FOR A LICENSE TO USE THE SERVICE, EVEN IF PAWFINITY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. PAWFINITY AND ALL OTHER PARTIES INVOLVED IN THE DEVELOPMENT OF THE SERVICE ARE NOT RESPONSIBLE FOR ANY ERRORS, AND/OR FINANCIAL LOSSES, AND/OR PROBLEMS, AND/OR LOSS OF CLIENTS, AND/OR LOSS OF INFORMATION AND/OR DIFFICULTIES THE USERS OF THE SERVICE MAY EXPERIENCE AS A RESULT OF ITS USE. ALL CALCULATIONS THE SERVICE PERFORMS (INCLUDING, BUT NOT LIMITED TO CALCULATIONS RELATING TO TICKET/SALES INFORMATION, AND/OR TAXES, AND/OR CLIENTS, AND/OR TOTALS, AND/OR SERVICES, AND/OR PRODUCTS, ARE FOR REFERENCE ONLY. ALL CALCULATIONS SHOULD BE PERFORMED AND VERIFIED BY MEANS INDEPENDENT OF THE SERVICE.
You assume full responsibility for the selection and suitability of the Service, for its use, and for the results obtained from the Service program.
9. PRODUCT SUPPORT. Although Pawfinity intends to provide advisory support to customers following delivery of the Pawfinity System and license, the Licensor is not obligated to provide such support and customers and/or any other users of the Service are not guaranteed such support. The support policies and practices of Pawfinity are subject to change without notice or obligation. The Licensee is solely responsible for applying to its activities any customer support information provided by the Licensor and for any consequences thereof.
10. CODE OF CONDUCT. If a Licensee is determined to be acting in a manner which is determined to be abusive toward sales, support, or other Pawfinity staff, your account will qualify for immediate remediation, up to and including account termination. Pawfinity administration reserves the right to terminate the license without notice for any Code Of Conduct violation.
11. AUTOMATED CREDIT CARD CHARGE AUTHORIZATION. By checking "accept" below, you hereby authorize Pawfinity ("Pawfinity"), to initiate monthly credit card debit entries for payment and to initiate, if necessary, electronic credit entries and adjustments for any monthly credit card entries in error to your account and the credit card listed above to electronically debit and/or electronically credit the same to such account for the services You receive from Pawfinity. You agree to allow Pawfinity to electronically debit Your credit card for payment for Pawfinity services when due. This authorization is to remain in effect until revoked by You by contacting Pawfinity and until Pawfinity actually receives such notice. You agree that Pawfinity shall be fully protected in drawing any such monthly credit card debit or credit. Pawfinity reserves the right to adjust monthly subscription rate and / or cancel the monthly credit card payment program entirely with or without expressed notification. You understand that if any such monthly credit card payment does not clear, and any amounts due to Pawfinity are not paid, the Pawfinity service may be subject to termination.
12. SUBSCRIPTION FEE. Subscription fees are not refundable. In the event that a client is charged more than the agreed subscription cost, the overage will be refunded. Refunds are not provided for unforeseeable business or personal hardships, client hardware malfunctions, or other difficulties a client may encounter while attempting to gain access to and use features of the service.
13. AUTOMATED EMAIL COMMUNICATION. You hereby authorize Pawfinity ("Pawfinity"), to initiate automated email communications with each client of your business in which an account has been created, when said account includes a mailable email address, on behalf of your company and Pawfinity. Pawfinity will send an initial "welcome" email to establish a base communication with said client and inform them of the FOREVER FREE client account that has been created for them is available for their use. You understand that if you would prefer not to have the welcome email communication sent to your client, an email address should therefore not be added to the client profile. This statute includes the action of importing client information from a digital file as a means of client entry, in which the same welcome email will be sent to any client with a mail-able email address.
14. GOVERNING LAW. This license agreement, including its Limited Warranty provisions, shall be governed by the laws of the State of South Carolina. All disputes arising under this agreement shall be resolved in the applicable state or federal courts of South Carolina. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
15. COMPANY PAGES. Licensee agrees to the creation of a company webpage, launched in the http://crm.pawfinity.com/[my-buiness-name] namespace by which end clients are able to find and interact with your company. This page will be indexed by global search engines and available during web searches for your business or terms related to the nature of your business. Licensee gives expressed permission to launch this page with the acceptance of these terms. The Service does not guarantee any level of placement in the search results for company pages.
16. INTEGRATION. This agreement constitutes the entire understanding of the parties and is intended as the final expression of their agreement.