Effective Date January 31, 2022
Welcome, and thank you for your interest in Awesomesuite Inc. , a Delaware corporation (“AwesomeSuite,” “we,”, “provider” or “us”) and our website at awesomesuite.com along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the "Service" or "Services"). These Terms of Service are a legally binding contract between you (“Customer” or “you”) and AwesomeSuite regarding your use of the Service.
You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service.
Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND AWESOMESUITE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15).
We provide an array of services for businesses from social media management, digital signature, customer support and marketing application ("Service" or "Services").
During the Subscription Term, Awesomesuite grants you a limited, non-exclusive right to access and use the Services and Software only for its internal business purposes, for up to the number of Users included in the Service Plan or otherwise noted in the subscription term, including the right to download, install and use the Mobile Apps in connection with the authorized use of the Services.
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities under your account. If you believe your account is no longer secure, you must immediately notify us at email@example.com.
In addition, we may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that Awesomesuite will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
3.1 User Account:
You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Awesomesuite has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Awesomesuite may terminate your user account and refuse current or future use of any or all of the Services.
3.2 Use Restrictions:
You agree not to use the Awesomesuite’s Technology (as defined below) to:
(i) process data on behalf of any third party other than your Users and End Users; (ii) send unsolicited communications, junk mail, spam, or other forms of duplicative or unsolicited messages in violation of spamming or other laws;
(iii) use the Service or Awesomesuite’s Technology in violation of applicable law
(iv) store or transmit any content that infringes upon any third party’s intellectual property rights;
(v) interfere with or disrupt the integrity or performance of the Services and their components;
(vi) post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, Libellous, obscene, or discriminatory;
(vii) post, transmit, upload, link to, send or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software;
(viii) track cookies, ad exchanges, ad networks, data brokerages, or to send electronic communications (including e-mail) in violation of applicable law.
(ix) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(x) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
In addition, you will not:
license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Awesomesuite Technology available to any third party other than you and End Users, and then only in furtherance of its permitted business purposes as expressly permitted by this Agreement;
modify, adapt, or hack the Awesomesuite Technology or otherwise gain or attempt to gain unauthorized access to the Awesomesuite Technology, its related systems or networks;
falsely imply any sponsorship or association with Awesomesuite;
decompile, reverse engineer, disassemble, reproduce, or copy or otherwise access or discover the source code or underlying program of any portion of Awesomesuite Technology
modify or create derivatives of any part of the Service;
interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Awesomesuite’s systems or networks, or any systems or networks connected to the Service or Awesomesuite;
attempt to do any of the acts described in this Section 3.2 or assist or permit any person in engaging in any of the acts described in this Section 3.2.
We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. We will use reasonable efforts to notify you of the changes through communications via email to your primary email address. Your continued use of the Service after the effective date of any change to the Terms will be deemed to be your agreement to the modified Terms.
When you sign up for an account for your organization you may specify one or more administrators. The administrators will have the right to configure the Services based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization. Make sure that you enter into a suitable agreement with a third party specifying such party’s roles and restrictions as an administrator of your organization account.
You are responsible for
i) ensuring confidentiality of your organization account password,
ii) appointing competent individuals as administrators for managing your organization account, and
iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Awesomesuite is not responsible for account administration and internal management of the Services for you.
You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts. You may specify a process to be followed for recovering control in the event of such loss of control of the administrator accounts by sending an email to firstname.lastname@example.org , provided that the process is acceptable to Awesomesuite. In the absence of any specified administrator account recovery process, Awesomesuite may provide control of an administrator account to an individual providing proof satisfactory to Awesomesuite demonstrating authorization to act on behalf of the organization. You agree not to hold Awesomesuite liable for the consequences of any action taken by Awesomesuite in good faith in this regard.
You hereby acknowledge and agree that the API Materials, API Performance Data and all related information, are confidential and proprietary to Awesomesuite. Except as expressly permitted in these Terms, You will not and ensure that Your Contractors do not, disclose, or permit the disclosure of, any confidential or proprietary information of Awesomesuite in any form or any information relating thereto to any third party without Awesomesuite’s prior written permission. You may not use any Awesomesuite confidential or proprietary information for any purpose except to the extent expressly permitted in these Terms. You further acknowledge and agree that any unauthorized use or disclosure of the API Materials and such other Awesomesuite confidential or proprietary information may cause irreparable harm and significant injury to Awesomesuite that would be difficult to ascertain or quantify. Accordingly, You agree that Awesomesuite will have the right without posting bond or proof of future damages to seek and obtain injunctive or other equitable relief to enforce the terms of these Terms and without limiting any other rights or remedies that Awesomesuite may have.
The Service is owned and operated by Awesomesuite. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service (“Materials”) provided by Awesomesuite are protected by intellectual property and other laws. All Materials included in the Service are the property of Awesomesuite or its third party licensors. Except as expressly authorized by Awesomesuite, you may not make use of the Materials. Awesomesuite reserves all rights to the Materials not granted expressly in these Terms
8.1 DMCA Notification
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
Awesomesuite Inc ATTN: Legal Department (Copyright Notification) 24A Trolley Square Unit #4003 Wilmington, DE 19806
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of the material that you claim is infringing and where it is located on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
8.2 Repeat Infringers
It is Awesomesuite’s policy to promptly terminate the accounts of users that are determined by us to be repeat infringers.
The Services are available under subscription plans of various durations. Payments for subscription plans of a duration of less than a year can be made only by Credit Card or any accepted payment method as specified on the website. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan or inform us that you do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to the Credit Card last used by you. We provide you the option of changing the details if you would like the payment for the renewal to be made through a different Credit Card or payment method if available. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized Awesomesuite to automatically renew and charge the subscription fee. During the Term, you may not reduce your Service Plan or User count. All fees are in U.S. Dollars and are non-refundable. Fees vary based on the plan, with different pricing schemes for individual users and organizations.
Awesomesuite reserves the right to determine pricing for the Service. We will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. If you cancel your subscription, you may forgo your current price. If you reactivate at a later date please individual product pricing for our current pricing. We may change the fees for any feature of the Service, including additional fees or charges. Awesomesuite, at its sole discretion, may make promotional offers with different features and different pricing to any of Awesomesuite’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Quotes provided for our Service are subject to change at any time.
9.2 Late Payments.
If undisputed Fees are more than thirty (30) days overdue, then, following written notification from Awesomesuite, Awesomesuite may suspend your access to the Awesomesuite Technology, including, without limitation, your account, until such unpaid Fees are paid in full.
You authorize Awesomesuite to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Awesomesuite, to the payment method specified in your account. If you pay any fees with a credit card, Awesomesuite may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
9.4 Subscription Service and Cancellation Policy
TThe Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize Awesomesuite to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date for all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: https://my.awesomesuite.com/subscription and clicking on the "Cancel Plan" option or by contacting us at: email@example.com.
9.5 Delinquent Accounts
Awesomesuite may suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees.
9.6 Payment Disputes.
Awesomesuite will not exercise its rights under Section (9.2) (Late Payments), (10.3) (Termination) or Section (10.4) (Effect of Termination) with respect to non-payment by Customer if Customer is disputing the applicable charges reasonably and in good faith and is cooperating diligently to resolve the dispute. If the parties are unable to resolve such a dispute within thirty (30) days, each party will have the right to seek any remedies it may have under this Agreement, at law or in equity, irrespective of any terms that would limit remedies on account of a dispute. For clarity, any undisputed amounts must be paid in full.
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 10.2.
Unless you give a written notice of non-renewal at least sixty (60) days prior to the expiration of the relevant Subscription Term, Service Plans will automatically renew for a period equal to the previous Subscription Term or one year (whichever is shorter). Awesomesuite reserves the right to increase the Fees at the beginning of each Subscription Term.
10.3 Termination If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Awesomesuite may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 8.4 or by contacting customer service at firstname.lastname@example.org.
10.4 Effect of Termination Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Aweomesuite any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 7, 10.4, 11, 12, 13, 14, 15 and 16 will survive.
10.5 Free Trial Customers. Upon the expiration of your free trial, Awesomesuite may immediately suspend your access to the Services. You must export your data before the end of the free trial or your Data will be permanently deleted. Awesomesuite will have no obligation to maintain, store or otherwise retain your data beyond the end of the free trial period.
Awesomesuite reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Awesomesuite will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are not refundable.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. AWESOMESUITE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AWESOMESUITE MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM AWESOMESUITE, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU AGREE THAT AWESOMESUITE SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGES(INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF AWESOMESUITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL AWESOMESUITE’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You agree to indemnify and hold harmless Awesomesuite, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Awesomesuite.
In the interest of resolving disputes between you and Awesomsuite in the most expedient and cost-effective manner, and except as described in Section 15.2, you and Awesomesuite agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AWESOMESUITE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
15.3 Dispute Resolution.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by arbitration in San Francisco, California. The arbitration will be administered by JAMS under its arbitration rules and procedures. Judgement on the Award may be entered in any court having jurisdiction. This section will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
15.4 No Class Actions
YOU AND AWESOMESUITE 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. Further, unless both you and Awesomesuite agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.5 Modifications to this Arbitration Provision
If Awesomesuite makes any future change to this arbitration provision, other than a change to Awesomesuite’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Awesomesuite’s address for Notice of Arbitration, in which case your account with Awesomesuite will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
16.1 Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Awesomesuite submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Clara County, California for the resolution of any lawsuit or court proceeding permitted under these Terms.
16.3 Contact Information
The Service is offered by Awesomesuite Inc, 24A Trolley Square, Unit #4003, Wilmington, DE 19806. You may contact us by sending correspondence to that address or by emailing us at email@example.com. You can access a copy of these Terms by clicking here: https://www.awesomesuite.com/terms
16.4 International Use
Access to the Service from countries or territories or by individuals where such access is illegal is prohibited
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.