Terms of Service
Using DeployBot Means Accepting these Terms
Wouldn’t it be nice if at the beginning of every relationship, everyone laid out the rules in plain English? Our lawyer thinks so. And because we’ve worked so hard to make DeployBot what it is today, we couldn’t help but agree… So, these Terms and Conditions (the “Terms”), in conjunction with our Privacy Policy, are the Agreement between SaaS.group and its shareholders, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, licensees, distributors, successors, resellers and assigns (“SaaS.group” or “We”) and you (“You” or the “User”). These Terms govern Your use of the deploybot.com web site (the “Site”), the deploybot.com web application and/or the deploybot.com services (collectively, the “Service”). By using the Service, You are acknowledging that You have read and have agreed to these Terms, so please read them carefully. Seriously. We reserve the right to update these Terms from time to time without notice. Any changes that we make will become part of these Terms when we make them. So, please review these Terms periodically. If you cannot agree to these Terms, or to our Privacy Policy, please do not use the Service. And if You have any questions about them, don’t hesitate to contact SaaS.group at support@deploybot.com.
Privacy and Communications
You acknowledge and agree that SaaS.group may send You e-mails related to your account and/or the Service. Shocking, we know. You agree that SaaS.group, LLC can use your company name or logo in its advertising unless and until you tell us in writing not to.
Accounts, Passwords, and Security
You must be a registered User to access the Service. You are responsible for keeping Your password secure, and You are solely and strictly liable for any activity that occurs under Your user name. You also agree not to access, or attempt to access, other User’s accounts and/or data – You wouldn’t want anyone doing that to You, right?
Acceptable Use and Conduct
You are solely responsible for Your data and for Your use of the Service. The Service may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable laws or regulations is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; and/or material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Unauthorized and/or unacceptable use of the Service is a violation of these Terms, may result in SaaS.group terminating Your account and may subject You to criminal and/or civil liability. So, follow the rules.
Fees
You will be billed on a monthly basis. You may elect to make advance payments. Advance payments, however, are not refundable for any reason. At the end of each one-month term, Your contract will automatically renew until You cancel it. Cancellation must be issued via the Service, and it must be done three (3) days prior to the end of the contract term to allow for adequate processing time and to ensure that You are not billed for an additional month.
Chargeback / Refund Policy
SaaS.group will only issue cash refunds under one circumstance: if requested in the first 30 days after opening an account. If You have a question about charges made to Your account, please contact SaaS.group immediately. If the charges were made in error, SaaS.group will credit your account for the appropriate amount. SaaS.group has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.
DISCLAIMER OF WARRANTIES
WE HAD TO MAKE THIS CONSPICUOUS BECAUSE OUR LAWYERS SAID SO. THE SERVICE IS PROVIDED “AS IS” AND YOU USE IT AT YOUR OWN RISK. SAAS.GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.
WE TRY TO KEEP THE SERVICE BUG-FREE AND SAFE, BUT SAAS.GROUP DOES NOT WARRANT OR ENSURE CONTINUOUS, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICE OR YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT YOU SHALL NOT BE ENTITLED TO MAKE ANY CLAIM BASED ON SAAS.GROUP’S FAILURE, IRRESPECTIVE OF FAULT, TO PROVIDE ANY OF THE FOREGOING. LIKE WE SAID, YOU USE THE SERVICE AT YOUR OWN RISK.
WITHOUT LIMITING THE FOREGOING, THE SERVICE IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. IF SOMEONE’S LIFE OR THE FATE OF THE FREE WORLD DEPENDS ON YOUR USE OF THE SERVICE, PLEASE DO NOT USE THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF PARTICULAR WARRANTIES, AND, TO THAT EXTENT, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING DISCLAIMERS, SAAS.GROUP DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE EXTENT PERMITTED BY LAW.
Limitation of Liability
IN NO EVENT WILL SAAS.GROUP BE LIABLE TO THE USER OR THIRD PARTIES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS OR LOSS, CORRUPTION AND/OR ALTERATION OF DATA) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR DATA AND/OR YOUR USE OF THE SERVICE AND/OR YOUR ACCOUNT, WHETHER IN AN ACTION IN CONTRACT, TORT, EQUITY OR OTHERWISE.
USER VOLUNTARILY ENGAGES IN THE ACTIVITY OF INTERNET USE AND BEARS THE RISKS ASSOCIATED WITH THAT ACTIVITY. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR YOUR DATA THAT RESULTS FROM SUCH ACTIVITY. IN NO EVENT WILL SAAS.GROUP HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR UNAUTHORIZED ACCESS TO OR USE, ALTERATION, CORRUPTION, THEFT OR DESTRUCTION OF YOUR DATA AND/OR YOUR ACCOUNT.
SAAS.GROUP’S LIABILITY IS EXPRESSLY LIMITED FOR ANY REASON AND UPON ANY CAUSE OF ACTION TO THE AMOUNT YOU ACTUALLY PAID TO SAAS.GROUP FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU CLAIM THE CAUSE OF ACTION ACCRUED.
SOME JURISDICTIONS’ LAWS PROHIBIT THE FOREGOING LIMITATION OF LIABILITY PROVISION. TO THE EXTENT THAT YOU LIVE IN A JURISDICTION THAT REFUSES TO ENFORCE THE FOREGOING PROVISION, SAAS.GROUP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.
Indemnification
You agree to indemnify, defend and hold harmless SaaS.group from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related to Your data, Your use of the Service and/or any breach of these Terms by You. You further agree to defend, indemnify and hold harmless SaaS.group from all damages, liabilities, claims and expenses, including without limitation attorneys’ fees and costs, arising from or related to any claims by third parties that Your data or Your use of the Service infringes upon, violates or misappropriates any of their Intellectual Property Rights or discloses their Proprietary Information.
Termination of Service
We reserve the right to terminate Your account at any time and for any reason so long as permitted by law. Accordingly, We may, but have no obligation to, remove accounts and content containing what We determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. In the event of termination, You will lose all data related to Your Account. An account terminated by SaaS.group will not be backed-up for any reason and will be immediately terminated from SaaS.group’s servers. You may terminate Your account at any time, but SaaS.group will not under any circumstances issue any refunds of monies paid.
Intellectual Property
SaaS.group claims no intellectual property rights over the data You provide to the Service.
You acknowledge and agree that SaaS.group owns all right, title and interest in and to the Service, including without limitation all intellectual property rights. You agree that You will not copy, reproduce, alter, reverse engineer, clone, or modify the Service or create derivative works from the Service.
Force Majeure
Neither party shall be responsible for any failure to perform, or delay in performing any of its obligations under these Terms, where and to the extent that such a failure or delay results from causes outside the control of such party. Such causes shall include, without limitation, failures caused by a third-party service, acts of God or of the public enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, freight embargoes, strikes, civil commotion or the like.
Special Admonitions for International Use
Recognizing the global nature of the Internet, You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Dispute Resolution by Arbitration
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS, THE SITE AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) either of us may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning infringement, misappropriation or other violation by either of us of the other party’s Intellectual Property Rights, and (b) SaaS.group may seek injunctive relief in state or federal court located in Philadelphia County, Pennsylvania concerning violation by a User of any of these Terms, and in both such cases (a) and (b), the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration shall be in Philadelphia, Pennsylvania, and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, YOU AND SAAS.GROUP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND THAT NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICES. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE SERVICE (INCLUDING YOUR USE OF THE SERVICE) BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.
Choice of Law
You agree that all disputes related in any way to or arising from Your use of the Service shall be governed, without respect to conflict of law principles, by the laws of the Commonwealth of Pennsylvania.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued or be forever barred.
Terms Applicable to International Users
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may wish to assert related in any manner to the Service must be filed within one (1) year after such claim or cause of action accrued or be forever barred.
We’re in Philadelphia, and as you can see from these Terms and our Privacy Policy we’re committed to following the rules when it comes to your data. But we can’t do it alone, especially if you are located outside of the United States. You are responsible for complying with all local rules where you reside or your organization is located regarding online activities, email and the Service, including but not limited to laws governing the transmission of data to or from the United States and to or from the country in which You reside. The Service is controlled and operated by SaaS.group from our offices within the United States, and we make no representation that the it is appropriate for use in other locations. Those who use the Service from other locations do so at their own risk, and are responsible for compliance with all applicable laws.
For the purposes of European Directive 95/46/EC, and with respect to Your subscribers’ or customers’ personal data, You acknowledge and agree that You are the data controller, and SaaS.group is the data processor. You are therefore responsible for complying with all obligations of a data controller under applicable law. SaaS.group will process your subscribers’ or customers’ data on Your behalf in accordance with Your instructions, as set out in this these Terms and pursuant to the Standard Contractual Clauses in European Commission Decision C(2010)593, including the Illustrative Indemnification Clause therein, all of which is adopted and incorporated by reference. SaaS.group has taken and will continue to take adequate technical and organizational measures against unauthorized or unlawful processing of, accidental loss or destruction of, or damage to, Your subscribers' or customers' personal data, as more fully described in our Privacy Policy. If you have any questions, don’t hesitate to contact us at support@deploybot.com.