Terms of Service
Subject to the terms and conditions of this Agreement, the Service is solely for Customer's use in connection with its customer communication activities. User Bug Report may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. User Bug Report may also impose limits on certain features and services or restrict Customer's access to parts or all of the Services without notice or liability. Customer shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service. Customer shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
2. Registration & Security
As a condition to using certain products and services of the Service, Customer is required to register with User Bug Report and select a password and Customer ID. Customer shall provide User Bug Report with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Customer's account. User Bug Report reserves the right to refuse registration of, or cancel an User Bug Report Customer account at its discretion. Customer shall be responsible for maintaining the confidentiality of Customer's User Bug Report password and other account information.
3. Payment Term & Fees
Customer shall pay Fees to User Bug Report as follows. If User signed up for a paid plan, User will pay User Bug Report the Subscription Fee for the Service as set forth in the Pricing Guide ("Fees"). Unless otherwise agreed to by the parties in writing, all Fees are payable upon demand by User Bug Report-accepted credit card. Fees for each subscription period will be billed in advance. There is a seven (7) business day grace period ("Grace Period"). Thereafter, Customer may be restricted at any time from the Service, with or without notice, at User Bug Report's sole discretion. Subscription fees are billed on a recurring basis and Subscriber hereby authorizes User Bug Report to charge Subscriber's credit card for such purposes. User Bug Report reserves the right to change the Fees at any time (and such changes will apply on a going forward basis). Unpaid Fees are subject to a finance charge of 1.5% per month or the maximum permitted by law, whichever is lower, plus all expenses of collection. Subscriber shall be responsible for all taxes associated with Service other than taxes based on User Bug Report's net income. If Subscriber believes that User Bug Report has billed Subscriber incorrectly, Subscriber must notify User Bug Report thereof (in writing) no later than sixty (60) days after the date on which User Bug Report has charged Subscriber, otherwise the amount charged shall be conclusively deemed correct by the parties. All Fees paid are non-refundable, except in the event (i) of overpayment, but subject to the preceding sentence, (ii) if Subscriber terminates this Agreement for User Bug Report's uncured breach, or (iii) User Bug Report terminates without cause pursuant to Section 7.
4. React SDK and Maintenance
User Bug Report provides the User Bug Report React SDK ("SDK") in an "as is". The SDK, and any updates, is deemed accepted by Customer. No warranties are made to the SDK (see Representation, Warranties and Indemnifications). User Bug Report is not obligated to provide maintenance, technical support or updates to Customer for the SDK. Any maintenance or updates provided by User Bug Report shall be covered by this Agreement. Customer shall bear all costs of integrating the SDK into the Customer Application, including but not limited to, software design, software development, application debugging, application testing and network connectivity. User agrees that all content and materials (collectively, "Content") delivered by User Bug Report via the Service, or otherwise made available by User Bug Report at the Site, are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by User Bug Report in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, User may print or download a reasonable number of copies of the Content for User's own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Content or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of User Bug Report. Customer shall ensure the User Bug Report copyright notice and EULA is not removed from the User Bug Report SDK and that both are included in each module that the User Bug Report SDK resides.
5. Representations, Warranties and Indemnifications
(a) Disclaimer of warranties. To the maximum extent permitted by applicable law, User Bug Report provides the SDK and any support services related to the SDK ("support services") as is and with all faults, and hereby disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to, any implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SDK, and the provision of or failure to provide support services. Also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement, with regard to the SDK. The entire risk as to the quality of or arising out of use or performance of the SDK and support services, if any, remains with customer. (b) Exclusion of incidental, consequential and certain other damages. To the maximum extent permitted by applicable law, in no event shall User Bug Report be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the SDK, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of User Bug Report, and even if User Bug Report has been advised of the possibility of such damages.
6. Limitation of Liability
In no event shall User Bug Report, its officers, directors, employees, agents, vendors or suppliers be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the service: (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, even if foreseeable, (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination). In addition, User Bug Report shall not be liable for any loss or liability resulting, directly or indirectly, from user's inability to access or otherwise use the site (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, date data processing failures, telecommunications or internet problems or utility failures). The foregoing limitations shall not apply to the extent prohibited by applicable law.
(a) Either Party may terminate a Customer's Subscription if: (i) the other materially breaches any term under Terms of Service and fails to cure such breach within thirty (30) days after receipt of written notice; (ii) the other ceases to conduct business; or (iii) the other files for bankruptcy, reorganization or insolvency, or if a similar proceeding for the benefit of its creditors is commenced. (b) Following the expiration, cancellation or termination of this Agreement, for any reason, the rights and license granted herein to Customer shall immediately and automatically terminate and Customer shall no longer have the right to use or distribute the User Bug Report SDK in any manner, plus, network access to the Service will be stopped and the API-Key will be revoked. Customer shall not distribute any Customer Applications that contain the User Bug Report SDK thereafter, but User Bug Report agrees the Customer Applications containing the User Bug Report SDK already distributed to end-users shall not be affected. (c) Notwithstanding anything to the contrary above, any termination by Customer under the terms herein shall not relieve Customer of its obligation to pay any and all back, current and future fees that are due under the terms of this Agreement.
All content included by User Bug Report on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of User Bug Report or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of User Bug Report and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of User Bug Report or its software suppliers and protected by United States and international copyright laws.