Please read this TOU carefully. It is a binding contract between You and Sigma Enterprise Solutions, LLC. By creating an account or using the Services, Site, and/or Software, You agree that You have read, understood, and agreed to be bound by this TOU.
The following terms have the following meaning in this TOU.
- “We”, “Us”, or “Our” mean Sigma Enterprise Solutions, LLC.;
- “Site” means this web site, Xformity.com and other web sites We have or establish for Your use;
- “You” or “Your” means any user of the Site or Services, including any entity You may represent;
- “Content” means all text, input, graphics, videos, trade dress, trademarks, works of authorship, features, functions, and other materials on or available via this Site;
- “Services” means Our Software and other services made available at or through the Site;
- “Software” means Our software licensed as part of the Services.
1 . License. Subject to the terms and conditions of the TOU, and in exchange for the monthly subscription fee, You are granted a limited, non-exclusive, non-assignable license to use the Software and Services.
2. Changes to TOU and Services. We reserve the right at any time, and from time to time, to change, modify or discontinue, temporarily or permanently, all or any part of the Site, Services, Software, fees, or TOU. We will post such changes to the Site. We strongly recommend that You frequently check this TOU to review any such changes.
3. Registration, User ID, and Password. Parts of the Services are accessed by user ID and password. If You apply for or secure a user ID and password from Us, You agree that You (a) will provide complete, accurate information about Yourself when prompted, (b) will not allow any other persons or entity to use Your User ID and password to gain access to the Services; (c) will notify Us if You become aware of any unauthorized use of your user ID and password; (d) will maintain and promptly update Your registration data to keep it complete and accurate; and (e) are of legal age to create a binding contract and account at this Site.
4. Payment for Services. Fees for Services are posted on the Site and are subject to change. The amount of the fee is determined by the level of Services You purchase. The fees will be automatically charged to your credit card account or such other account as you arrange with Us. If you purchase Services, and do not cancel the Services within the free trial period after creation of an account, You will be asked for Your credit card or invoicing information and will be billed starting on the day after the expiration of your trial period. Fees are exclusive of taxes. You are responsible for payment of any sales or other transaction taxes.
- (a) Monthly Payment Plans. The Service is billed in advance on a monthly basis and is non-refundable. If You select a monthly payment plan and cancel prior to the processing of Your first invoice, You will not be charged. Payments are due for any month on the same date, or the closest date in that month, to the date of the month You secured an account and made Your first monthly payment. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months.
- (b) Annual Payment Plans. The Service is billed in advance on an annual basis and is non-refundable. No refunds will be made for cancellations before the end of the annual subscription period. If you wish to upgrade to a higher plan level or add additional users, We will prorate the remaining balance on the existing contract towards the upgraded subscription.
- For any upgrade or downgrade in plan level, your credit card that you provided will be charged a prorated amount and then automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. When I Work does not accept any liability for such loss.
- Text messaging credits purchased through the Service are non-refundable and non-transferable. If you have unused credits when you cancel your account, those credits are not refundable or transferable.
5. Credit Cards. When You use a credit card to purchase or pay for any goods or Services on this Site, You warrant that You are the owner or authorized user of such card, that all information submitted therewith is accurate and true, that You will renew or replace any expired card, and that You will indemnify Us for any loss or damage sustained by Us in connection with any false or incorrect information submitted or provided by You in connection with the use of such card.
6. Termination. Subject to the payment terms above, You may cancel Your account and cease receiving Services by providing Us 20 days advance notice of such cancellation. We may, upon 10 days advance notice, cancel your account and terminate Your access to the Services and Software if you fail to timely pay the fees for use of the Services and Software or if you violate any of the terms of this TOU. In order to avoid loss of data upon termination, You must make and preserve, and are solely responsible for, backups of Your data.
7. Disclosing Account Information. We may disclose your account, personal information, and content if We are required to do so by law, or if We believe that such disclosure is necessary or desirable in order to: (a) comply with legal process; (b) enforce the TOU; (c) respond to Your requests for customer service; or (d) protect Our rights, property, or safety, or the rights, property, or safety of our users or the public.
9. Prohibited Actions on Our Site. You may not do any of the following on or in connection with the Site, Services, or Software: (a) copy, modify, create derivative works of, or reverse engineer any source code used in connection with the Software; (b) obtain unauthorized access to this Site; (c) impersonate or misrepresent your affiliation with another person or entity; (d) infringe the patent, copyright, trademark, trade secret, right of publicity, right to privacy, or other proprietary right of any person or entity, including Us; or (e) upload, post, transmit, or submit to or through the Site any information or material that (i) contains software viruses or code designed to interrupt, destroy or limit the functionality of hardware or software, or (ii) is defamatory, libelous, obscene, abusive, threatening, racially or ethnically objectionable.
10. Intellectual Property. All of Our Content and Software on or accessible via this Site, including without limitation all algorithms, techniques, methods, tools, source code, and know-how, is owned or licensed by Us and is subject to copyright, trademark and other federal and state laws relating to intellectual property. No such Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold, without Our prior written consent or that of Our licensors and licensees.
11. Your Content. You are solely responsible for all content or materials that You post, submit to, transmit to, or input into the Site or the Software, including content that You make available to third parties.
13. Disclaimer of Warranties. (a) THIS SITE, THE SERVICES, AND THE SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE 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. (b) WE MAKE NO WARRANTY THAT (i) THIS SITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (ii) THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION OBTAINED FROM THIS SITE OR THE USE OF THIS SITE WILL BE ACCURATE; OR (iv) THE USE OF THE SERVICES WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEM OR SOFTWARE.
14. Limitation of Liability. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGE TO YOUR BUSINESS, PERSONAL INJURY OR ILLNESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THIS SITE, THE SERVICES, OR THE SOFTWAWRE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THIS SITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (e) ANY GOODS, MATERIALS, SERVICES, OR INFORMATION PURCHASED OR ACQUIRED AT OR THROUGH THIS SITE. THE MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU IN CONNECTION WITH THE SITE IN THE 3 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100 USD.
15. Indemnity for Breach/Causation of Claims. You agree to indemnify, defend and hold Us (and Our officers, director, agents and employees) harmless from and against all claims, demands, caused of action, liabilities, judgments, damages, and costs (including attorney’s fees) arising out of or related to (a) the content or materials that You post, submit, transmit, input into, or make available through, the Site or the Software, (b) Your use of and connection to the Site or Services, (c) Your breach or violation of any of the terms of this TOS.
16. International Notice. You may not use or otherwise export or re-export the Software or Services except as authorized by United States law and the laws of the jurisdiction in which the Software or Services were obtained. In particular, but without limitation, the Software or Services may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software and/or Services, you represent and warrant that you are not located in any such country or on any such list.
17. Use of Your Name and/or Logo. You agree that We may use Your name and/or Logo on the Site or in other promotional materials solely to indicate that You are a user of our Services and Software.