These Terms of Service (the "Terms") constitute a legally binding agreement between you and Service Squared Corp., a California corporation ("Service Squared," "we," "us," or "our") governing your access to and use of the Pulse Point client portal, including its websites, mobile applications, and related software and services (collectively, the "Services"). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICES.
If you access or use the Services on behalf of a business or other entity (a "Client"), you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you and that entity. The professional services that Service Squared provides to a Client are governed by the engagement letter or services agreement between Service Squared and that Client (the "Client Agreement"). In the event of a conflict between these Terms and a Client Agreement, the Client Agreement shall control.
1. Eligibility and Accounts
1.1 Eligibility. You must be at least eighteen (18) years of age and capable of forming a binding contract to use the Services. The Services are provided solely for business purposes and are not intended for personal, family or household use.
1.2 Account Registration. You agree to provide accurate, current and complete information when creating an account and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
1.3 Authorized Users. A Client may authorize individuals to access the Services on its behalf ("Authorized Users"). The Client is responsible for the acts and omissions of its Authorized Users and for promptly revoking access for any individual who is no longer authorized.
2. License and Restrictions
2.1 License. Subject to your compliance with these Terms, Service Squared grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for the internal business purposes of the applicable Client in connection with its relationship with Service Squared.
2.2 Restrictions. You shall not, and shall not permit any third party to: (a) copy, modify, or create derivative works of the Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except to the extent expressly permitted by applicable law; (c) sell, resell, license, sublicense, distribute, rent, or lease the Services; (d) access or attempt to access any account, data or system that you are not authorized to access; (e) probe, scan, or test the vulnerability of the Services or breach or circumvent any security or authentication measure; (f) interfere with or disrupt the integrity or performance of the Services, including by introducing any virus, malware, or other harmful code; (g) use any automated means to access the Services except as expressly permitted by us; (h) use the Services in violation of any applicable law or regulation, including export control and sanctions laws; or (i) use the Services to store or transmit any content that is unlawful, infringing, or that you do not have the right to provide.
3. Client Data
3.1 Ownership. As between you and Service Squared, the Client retains all right, title and interest in and to the documents, data and other materials submitted to the Services by or on behalf of the Client ("Client Data").
3.2 License to Service Squared. You grant Service Squared and its service providers a non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit and display Client Data solely as necessary to provide, secure and support the Services, to perform the services described in the Client Agreement, and to comply with applicable law.
3.3 Your Responsibilities. You represent and warrant that you have all rights, consents and authorizations necessary to submit Client Data to the Services and to grant the foregoing license, and that Client Data and its use as contemplated by these Terms do not violate any law or the rights of any third party. Where you provide credentials for third-party services, you represent that you are authorized to do so and authorize Service Squared to use such credentials on the Client's behalf within the scope of the Client Agreement.
3.4 Privacy. Our collection and use of Personal Information is described in our Privacy Policy, which is incorporated into these Terms by reference.
4. Third-Party Services
The Services may enable you to connect to or interoperate with products or services provided by third parties, including financial account aggregation services ("Third-Party Services"). Your use of any Third-Party Service is governed solely by the terms and policies of its provider. Service Squared does not control and is not responsible for any Third-Party Service, and makes no representations or warranties regarding any Third-Party Service.
5. Informational Content; No Professional Advice
Reports, dashboards, figures and other information made available through the Services ("Reports") are derived from information supplied by the Client and by third-party systems and may be preliminary, unaudited, or subject to revision. Reports are provided for informational purposes only and do not, by themselves, constitute accounting, tax, legal, financial or investment advice. Any professional services and deliverables are provided solely under, and subject to the standards set forth in, the Client Agreement.
6. Intellectual Property
6.1 Service Squared Property. The Services, including all software, designs, text, graphics, trademarks, and other content (excluding Client Data), and all intellectual property rights therein, are and shall remain the exclusive property of Service Squared and its licensors. All rights not expressly granted in these Terms are reserved.
6.2 Feedback. If you provide suggestions, comments or other feedback regarding the Services, you grant Service Squared a perpetual, irrevocable, worldwide, royalty-free license to use such feedback for any purpose without obligation to you.
7. Availability and Modifications
Service Squared may modify, suspend or discontinue any part of the Services at any time, with or without notice. We do not guarantee that the Services will be available at all times or free from errors, interruptions or defects. You are responsible for maintaining copies of any Client Data you require independent of the Services.
8. Suspension and Termination
8.1 Service Squared may suspend or terminate your access to the Services, in whole or in part, at any time, with or without notice, if we reasonably believe you have violated these Terms, if required by law, at the direction of the Client, upon termination or expiration of the Client Agreement, or to protect the security or integrity of the Services or any other user.
8.2 You may stop using the Services at any time and may request deletion of your account as described in our Privacy Policy.
8.3 Upon termination, the license granted in Section 2 shall immediately terminate. Sections 3.1, 3.3, 5, 6, 8.3, and 9 through 14 shall survive any termination or expiration of these Terms.
9. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY SET FORTH IN A CLIENT AGREEMENT, THE SERVICES AND ALL REPORTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SERVICE SQUARED AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SERVICE SQUARED DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERVICE SQUARED OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SERVICE SQUARED'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THE FOREGOING LIMITATIONS SHALL NOT LIMIT SERVICE SQUARED'S OBLIGATIONS OR LIABILITY UNDER A CLIENT AGREEMENT WITH RESPECT TO THE PROFESSIONAL SERVICES PROVIDED THEREUNDER, AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
11. Indemnification
To the maximum extent permitted by applicable law, you shall defend, indemnify and hold harmless Service Squared and its affiliates, officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) your violation of these Terms, (b) Client Data or other content you submit, or (c) your violation of any law or the rights of any third party.
12. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Services shall be governed by the laws of the State of California, without regard to its conflict-of-laws principles. Except as otherwise provided in a Client Agreement, the state and federal courts located in the City and County of San Francisco, California shall have exclusive jurisdiction over any such dispute, and each party irrevocably submits to the personal jurisdiction and venue of such courts.
13. Mobile Application Terms
13.1 Apple. If you obtain the Services through the Apple App Store, you acknowledge that these Terms are concluded solely between you and Service Squared, and not with Apple Inc. ("Apple"). Service Squared, not Apple, is solely responsible for the application and its content. Your license to use the application is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions. Apple has no obligation to furnish any maintenance or support services with respect to the application. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the application. Service Squared, not Apple, is responsible for addressing any claims relating to the application or your possession and use of it, including product liability claims, claims that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, and for the investigation, defense, settlement and discharge of any third-party claim that the application infringes that third party's intellectual property rights. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms when using the application. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
13.2 Google. If you obtain the Services through Google Play, your use of Google Play is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the Services.
14. General
14.1 Changes to These Terms. We may modify these Terms from time to time. We will post the modified Terms on this page and update the Effective Date above, and will provide additional notice of material changes as required by law. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms.
14.2 Entire Agreement. These Terms, together with the Privacy Policy and any applicable Client Agreement, constitute the entire agreement between you and Service Squared regarding the Services and supersede all prior agreements and understandings regarding their subject matter.
14.3 Severability; Waiver. If any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. No failure or delay in exercising any right shall operate as a waiver of that right.
14.4 Assignment. You may not assign or transfer these Terms without our prior written consent. Service Squared may assign these Terms without restriction. Any attempted assignment in violation of this Section is void.
14.5 Force Majeure. Service Squared shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control.
14.6 Electronic Communications. You consent to receive communications from us electronically, and agree that all notices and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
14.7 Contact. Questions regarding these Terms may be directed to Service Squared Corp., 21771 Stevens Creek Blvd #200b, Cupertino, CA 95014; support@servicesquaredcorp.com; (650) 960-7420.
See also: Privacy Policy · Support
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