1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and SuperOps.ai, located at 2093, Philadelphia Pike #2105 Claymont, DE 19703 (we, us), concerning your access to and use of the SuperOps.ai (http://www.superops.ai) website as well as any related applications (the Site).
The Site provides the following services: We are a SaaS company. We build AI-powered IT products for MSPs (Managed Service Providers) and IT Service Providers across the globe. (Services). We will be using 3rd party email automation and marketing tools to collect information from clients. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs, and/or our business priorities.
1.5 Our site is directed to people residing in the United States of America. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
2.1 Our full Acceptable Use Policy http://www.superops.ai, sets out all the permitted uses and prohibited uses of this site.
2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.3 As a user of this Site, you agree not to:
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at email@example.com
3.2 If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
4.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.
4.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services, or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
4.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
4.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.
4.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
4.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties, or guarantees, whether express or implied, that Our Content on the Site is accurate, complete, or up to date.
5.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
5.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
6.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
6.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
6.3 You are responsible for configuring your information technology, computer programs, and platform to access the Site and you should use your own virus protection software.
7.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
7.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
7.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
8.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions, and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
8.2 Our responsibility for loss or damage suffered by you:
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
If you are a consumer user:
9.1 The Client shall use its best and reasonable endeavors to provide us with access to any and all relevant information, materials, properties, and other matters which are required to enable us to provide the Services.
9.2 The Client shall use its best and reasonable endeavors to acquire any permissions, consents, licenses, or other matters which are required to enable us to provide the Services.9.3 We shall not be liable for any delay or failure to provide the Services where such delay or failure is due to the Client’s failure to comply with the provisions of this Clause 9.
10.1 Unless otherwise provided in the applicable Form; (i) the Service is purchased as a subscription; (ii) the Customer may switch their subscription package during a subscription term at the same pricing as the underlying subscription pricing, prorated for the portion of that subscription term remaining at the time the subscriptions are added; (iii) any added subscriptions will terminate on the same date as the underlying subscriptions; and (iv) where applicable additional Admin Users can be added for an agreed price.
10.2 Except as otherwise specified; (i) the Fees are based on the subscription purchased; (ii) all Fees are non-cancellable and all fees paid are non-refundable; and (iii) the Subscription Fee cannot be decreased during the relevant Term.
10.3 The Fees set out in an order form shall be charged for the Term of the Terms of Service.
10.4 All Fees exclude any Value Added Tax (or other sales tax) legally payable on the date of the invoice, which shall be paid by the Customer in addition, where applicable.
10.5 SuperOps.ai may revise fee rates for the Service from time to time and will provide Customer’s designated administrator(s) with email notice of any changes in fees at least thirty (30) days prior to the Service renewal date. Any increase in charges will not apply until the expiry of your then-current billing cycle.
10.6 By default, your account is set to automatic renewal mode. This can be changed to manual renewal mode at any time from your control panel. With a prior 30 day notice period, SuperOps.ai will advise you when your subscription is about to expire. In case of automatic renewal mode, SuperOps.ai will automatically charge you for renewal fee according to the subscription plan that you have selected, on or after the renewal date associated with your account, unless you have canceled the Service prior to its renewal date. You may as well renew the Service by following the procedures for manual renewal.
After successful renewal, the Service will be made available with the technical and economic conditions existing at the time of renewal of the Service and executing the renewal process.
10.7 In the event of a downgrade of your account, the features and conditions of your account may be limited depending on the new Subscription plan that you may select. In the event of non-renewal, in the manner and within the time limits specified above, upon expiration, the Service shall no longer be provided, without the need for any communication on the part of SuperOps.ai. In this case, your account will remain active as a BASIC free account.
Depending on the conditions of the new Subscription Plan, all or part of the data present on the space made available by the Service may be deleted without any liability on the part of SuperOps.ai for the maintenance and/or saving of the same data.
11.1 SuperOps.ai shall invoice and the Customer shall pay the Fees for use of the Service
11.2 Payments can be made by Credit Card. You authorize SuperOps.ai to charge such fees using the preferred payment method that you have selected.
11.3 Payment shall be made in the currency and as specified by SuperOps.ai in the pricing of the selected plan (or agreed).
11.4 Without prejudice to SuperOps.ai’s other rights and remedies under this Terms and Service or otherwise, if the Customer does not pay any sum on or before the due date: (i) the overdue sum may (at SuperOps.ai’s discretion) accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower; and/or (ii) SuperOps.ai may condition future subscription renewals and Forms on payment terms shorter than those specified in this Terms of Service; and/or (iii) SuperOps.ai may accelerate any unpaid fee obligations so that all such obligations become immediately due and payable; and/or (iv) SuperOps.ai may suspend the provision of the Service to You until all unpaid amounts are paid in full.
11.5 SuperOps.ai shall not exercise its rights under clause 11.4 above if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute, which shall be determined in our sole discretion.
11.6 SuperOps.ai reserves the right to recover any costs and reasonable legal fees it incurs in recovering overdue payments.
11.7 SuperOps.ai may suspend or terminate your use of the Service if fees become past due. In such a situation, you may renew the Service by following the procedures for manual renewal.
11.8 You are responsible for paying all taxes, levies, duties, or similar governmental assessments of any nature assessable by any jurisdiction whatsoever that may be associated with your purchases hereunder. If we are legally obliged to pay or collect any such taxes, levies, or duties for which you are responsible under this clause, SuperOps.ai will invoice you for this cost and you will pay that amount unless you provide SuperOps.ai with a valid tax exemption certificate authorized by the appropriate taxing authority. Subscription Plan, all or part of the data present on the space made available by the Service may be deleted without any liability on the part of SuperOps.ai for the maintenance and/or saving of the same data.
12.1 A Customer account will be opened for the Customer and the Customer will be given a link to its Customer account and will be required to choose a password.
12.2 The Customer will follow SuperOps.ai’s process and instructions in relation to setting up the Customer account.
12.3 Failure to make payment within 30 days of the date of any invoice may result in deactivation or suspension of a Customer account.
12.4 Once a Customer account has a suspended status, access to the Database and other content is denied.
12.5 After 30 days’ suspension, the Customer Account, the Database, and all Customer Data contained therein will, at SuperOps.ai’s discretion, be permanently deleted.
12.6 The Customer must not permit and must report to SuperOps.ai, any attempt to obtain unauthorized access, through whatever means, to the Customer account and/or the Database.
12.7 The Customer must not use or permit the use of the Customer account or the Database, to send unsolicited email or any material for marketing or publicity purposes or other illicit or illegal materials.
12.8 The Customer must not post or write or permit the posting or writing of any infringing, defamatory, obscene, or other unlawful information in the Database.
12.9. If you represent an organization and wish to use the Services for corporate, 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:
i) Provide true, accurate, current, and complete information about yourself as prompted by the sign-up process; and ii) maintain and promptly update the information provided during sign-up to keep it true, accurate, current, and complete so that we may send notices, statements, and other information to you by email or through your account. You are responsible for all actions taken through your accounts. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if SuperOps.ai has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, SuperOps.ai may terminate your user account and refuse current or future use of any or all of the Services.
12.10. When you sign up for an account for your organization you are the owner of your account. You can add an additional person as owner and you may specify one or more administrators. The owner will manage the account 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 an administrator role for your organization. Make sure that you enter into a suitable agreement with such third party specifying such roles and restrictions as an administrator of your organization account.
You are responsible for: i) ensuring the 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 SuperOps.ai is not responsible for account administration and internal management of the Services for you iv) 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 SuperOps.ai.
13. Term and Termination
13.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at email@example.com.
13.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
13.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
14.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or with respect to the Services constitute the entire agreement and understanding between you and us.
14.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
14.4 We may assign any or all of our rights and obligations to others at any time.
14.5 We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
14.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
14.7 There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
14.8 For consumers only - Please note that these Terms and Conditions, their subject matter, and their formation, are governed by the United States of America law. You and we both agree that the courts of the United States of America will have exclusive jurisdiction.
14.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by the United States of America law. We both agree to the exclusive jurisdiction of the courts of the United State of America.
14.10 In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at firstname.lastname@example.org
Last updated 19 October 2020
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