Terms AND Conditions
1. Introduction
These terms and conditions govern the provision of the software as a service PingRecord by Octoon Technologies to you, the subscriber
1.1 Free Trial
On creating an account user gets a free trial of 7 days with no upfront payment or any credit card details and in these 7 days, the user can decide whether they are proceeding with the payment terms and other conditions of the service level agreement or not.
2. Subscription
The SaaS provided by the Provider is based on a subscription model, which requires recurring payments by the Customer at yearly intervals. The subscription fee charged by the Provider is non-refundable, and the Customer must pay the full subscription fee in advance of the subscription period.
3. Use of Service
The Provider grants the Customer a non-transferable, non-exclusive, revocable license to use the SaaS for the duration of the subscription period. The SaaS may only be used for the Customer’s internal business purposes and not for any illegal or unlawful activities.
4. Service Levels
The Provider will use commercially reasonable efforts to ensure that the SaaS is available 24 hours a day, 7 days a week. However, the Provider does not guarantee that the SaaS will be uninterrupted, timely, secure, or error-free.
5. Support
The Provider will provide support to the Customer during the subscription period. The support services provided by the Provider may include email support, phone support, and online chat support. The Provider will use commercially reasonable efforts to respond to support requests within [insert timeframe] hours.
6. Confidentiality
The Provider will keep all of the Customer's data and information confidential and will not share or disclose it to any third party without the Customer's prior consent.
7. Intellectual Property
The SaaS, including all intellectual property rights, is the property of the Provider. The Customer may not reproduce, modify, distribute, or create derivative works based on the SaaS. The Customer may not use the SaaS to develop any software or technology that competes with the Provider.
8. Termination
The Customer may terminate the subscription by providing the Provider with 15 days written notice. The Provider may terminate the subscription immediately if the Customer breaches any of the Terms and Conditions. Upon termination, the Customer must cease using the SaaS and destroy all copies of the SaaS and any associated documentation.
9. Limitation of Liability
The Provider will not be liable to the Customer for any damages arising out of or in connection with the use of the SaaS, including any direct, indirect, incidental, consequential, or punitive damages. The Provider's liability will be limited to the total subscription fees paid by the Customer for the subscription period.
10. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States of America. Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of United States of America.
11. Amendments
The Provider reserves the right to amend these Terms and Conditions at any time. The Provider will provide the Customer with written notice of any changes to these Terms and Conditions. The Customer's continued use of the SaaS following any amendment to these Terms and Conditions constitutes acceptance of the amended Terms and Conditions.
By subscribing to the SaaS, the Customer acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.