SupportBee's Terms of Service
Last Updated: April 24, 2018
SupportBee allows its users, via the SupportBee website (http://supportbee.com) (the “Website”), to provide hosted help desk software to users’ customers (collectively, the “SupportBee Service”). The SupportBee Service is owned and operated by SupportBee Inc., a Delaware corporation (“SupportBee”, “we” or “us”).
Your use of the Website and the SupportBee Service is subject to the terms and conditions set forth in these Terms of Service (the “Terms of Service”).
The SupportBee Service is meant for those at least eighteen (18) years of age. Use of the SupportBee Service by anyone under the age of 18 is a violation of the Terms of Service. If you are under the age of 18, and are not an emancipated minor, you must have the consent of a parent, or legal guardian to use or access the SupportBee Service.
Updates to Terms of Service
We may, in our sole discretion, modify the Terms of Service with or without notice to you. The “Last Updated” date at the top the Terms of Service will indicate when the latest modifications were made. By continuing to access and use the Website or the SupportBee Service after the Terms of Service are modified, you agree to such modifications. Therefore, you should review the Terms of Service prior to each use of the Website and/or the SupportBee Service.
Subscriptions and Payment
We offer a 14 day free trial of our Services. There is no obligation to purchase our Services at the end of the free trial period. We will not take any payment information from you for the free trial. You will be asked to provide your name, email address and create a password in order to use our Services
Monthly or Annual Subscriptions:
We offer different monthly or annual subscriptions to our Service. The current price for each level of subscription is set out on the website. Payment for subscriptions (where relevant) is taken either monthly or annually in advance. We use Stripe, a leading payment processing gateway, to process payments. We do not collect, store or keep any of your credit card information. You can cancel your subscription at any time without penalty, and can export all of your data using our API. We do not issue refunds for un-used time on your subscription.
You acknowledge that all materials at the Website and the SupportBee Service, including the Website’s and the SupportBee Service’s design, graphics, text, sounds, pictures, and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of SupportBee and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. SupportBee authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of SupportBee or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described at the Website and/or the SupportBee Service are the sole property of SupportBee and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of SupportBee and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of SupportBee and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of SupportBee. SupportBee reserves the right to enforce its intellectual property rights to the fullest extent of the law.
For the avoidance of doubt, your use of the Website and the SupportBee Service is solely and exclusively under the limited license granted herein and you will not obtain any ownership interest therein through this Agreement or otherwise. All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the SupportBee Service are either the property of SupportBee or its affiliates or licensors. SupportBee retains the right to rescind and terminate the limited license granted hereunder at any point, for any reason. Upon termination of this Agreement, the license shall also terminate and all rights shall revert to SupportBee without the taking of action on the part of either party. All rights not expressly granted herein by SupportBee to you are fully reserved by SupportBee, its advertisers and licensors.
Use of the SupportBee Service
You may be required to establish an account at this Website (or via mobile application) in order to take advantage of certain features of this Website or the SupportBee Service. If so, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website or the SupportBee Service; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or SupportBee has reasonable grounds to suspect that such information is false, inaccurate or outdated, SupportBee has the right to suspend or terminate your account and prohibit any and all current or future use of the Website and SupportBee Service (or any portion thereof) by you.
You may be prompted to create a username and password to use certain features of the Website or participate in the SupportBee Service. If so, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Your account is meant to be private and you shall not share accounts, use another member’s account, nor allow others to use your account for any reason. You agree to: (a) immediately notify SupportBee of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website or via the SupportBee Service, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying SupportBee. The SupportBee Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to use the Website and SupportBee Service only for lawful purposes and that you are responsible for your use of and communications and content you post via the SupportBee Service. You agree not to post on or transmit through this Website or the SupportBee Service any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website or SupportBee Service in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Website or the SupportBee Service.
You may not do any of the following while accessing or using the SupportBee Service: (i) access, tamper with, or use non-public areas of the SupportBee Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the SupportBee Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of us is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the SupportBee Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the SupportBee Service.
You further agree that you will not access this Website or the SupportBee Service by any means except through the interface provided by SupportBee for access to the Website and the SupportBee Service. Creating or maintaining any link from another website to any page at the Website without the prior authorization of SupportBee is prohibited. Running or displaying this Website, the SupportBee Service, or any information or material displayed at the Website in frames or through similar means on another website or application without the prior authorization of SupportBee is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
SupportBee makes no representation that Materials contained at the Website or products or services described or offered at the Website or the SupportBee Service are accurate, appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Website or the SupportBee Service and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website or the SupportBee Service from any territory where its contents are illegal, and that you, and not the SupportBee Parties, are responsible for compliance with applicable local laws.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. You acknowledge that all Content accessed by you using the SupportBee Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. You retain your rights to any Content you submit, post or display on or through the SupportBee Service.
For purposes of these Terms of Service, the term “Content” includes, without limitation, any location information, videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on the Website or through the SupportBee Service.
You agree that SupportBee may terminate or suspend your access to all or part of this Website or the SupportBee Service, without notice, for any conduct that SupportBee, in its sole discretion, believes is in violation of these Terms of Service or any applicable law or is harmful to the interests of another user or the SupportBee Parties.
Notwithstanding such termination or suspension, you will continue to be subject to the “Intellectual Property,” “Content,” “Warranties, Disclaimers and Limitations of Liability,” “Indemnification,” “Applicable Law and Jurisdiction” and “Use of the SupportBee Service” sections of these Terms of Service.
SupportBee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the SupportBee Service (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Service, you agree that SupportBee Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website or the SupportBee Service. SupportBee will also suspend access to the Service in the event that you fail to make any payments due to SupportBee.
Warranties, Disclaimers and Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEBSITE AND THE SUPPORTBEE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE, THE SUPPORTBEE SERVICE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, SUPPORTBEE, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “SUPPORTBEE PARTIES”), EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SUPPORTBEE PARTIES MAKE NO WARRANTY THAT: (I) THE WEBSITE OR SUPPORTBEE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE AND SUPPORTBEE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) INFORMATION THAT MAY BE OBTAINED WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE OR SUPPORTBEE SERVICE WILL MEET YOUR EXPECTATIONS OR NEEDS; AND (V) ANY ERRORS IN THE WEBSITE OR SUPPORTBEE SERVICE WILL BE CORRECTED.
THE SUPPORTBEE PARTIES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR SUPPORTBEE SERVICE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE, THE SUPPORTBEE SERVICE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SUPPORTBEE AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE WEBSITE AND THE SUPPORTBEE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE SUPPORTBEE PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM SUPPORTBEE VIA THIS WEBSITE OR THE SUPPORTBEE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless the SupportBee Parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of or conduct at the Website or SupportBee Service, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website or the SupportBee Service, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Website or the SupportBee Service. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.
Applicable Law and Jurisdiction
Your use of the Website and the SupportBee Service is governed by and will be enforced under the laws of the State of Delaware without regard to its conflict of law provisions. Any controversy or claim rising out of or relating to this contract, or the breach of this contract, shall be settled by binding arbitration in accordance with the rules of net-ARB.com. The costs of arbitration shall be initially borne by the company and later apportioned by the arbitrator. The arbitrator's decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award. You agree that you will not issue court proceedings unless and until the arbitration process set out above has been used and failed to resolve the issue.
These Terms of Service, together with all documents referred to herein constitute the entire and only Terms of Service between SupportBee and each user of the Website or the SupportBee Service with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the SupportBee Parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service.
No action arising out of this Terms of Service or your use of the SupportBee Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, you may email us at [email protected]