collabee Terms of Service
Effective Date: April 13th, 2019
Welcome and thank you for choosing collabee!
These Terms of Service (the "Terms") govern your use of collabee (the "Service") distributed via collabee's website at www.collab.ee (the "Service Website"), so please read them carefully before using the service. By using our service, you agree to be bound by these Terms. If you do not agree to comply with the Terms, you must stop using collabee.
The Terms may be updated by us periodically. The most up-to-date versions of Terms will be posted here, so please check that regularly. Continuing to use our service after the updates become effective constitutes your acceptance for the applied changes.
To use our service, you need a registered account with collabee. Once registered, collabee will represent you as "Users”. collabee can suspend/terminate your status as a user at our discretion if you fall into any of below categories (conditions) but not limited to:
* Being previously prohibited by collabee from using the service
* Entering false identity or misusing other entities’ personal information when registration
* Using our service for any unlawful activities
You are responsible for securing your user account and password information. It is your responsibility to monitor any activities or actions occur under your account. When you are using collabee as a company, “Company Administrators” are liable to secure the users’ accounts, passwords, and any other associated information. If you notice any unauthorized use of your account and password, you must immediately notify collabee.
Our Service is not directed to persons under 13. collabee does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for an account on the Service.
collabee and its licensors exclusively own collabee, including all associated intellectual property rights. The service is protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights or notices incorporated in or accompanying collabee.
Acceptable Use Policy
You agree not to misuse collabee and understand that any of the following actions will lead to investigations on your use of our service. We reserve the right to seek consulting and cooperation with law enforcement authorities to prosecute users who violate the law:
* Probe, scan, or test the vulnerability of any collabee system or network or breach any security or authentication measures;
* Access, tamper with, or use non-public areas of collabee, collabee’s computer systems, or the technical delivery systems of collabee’s providers;
* Decipher, decompile, disassemble or reverse engineer any of the software used to provide collabee
* Interfere with, or attempt to interfere with, the access of any user, host or network, including sending a virus, overloading, flooding, spamming, or mail-bombing collabee;
* Access or search collabee or download any intellectual property from collabee other than our publicly supported interfaces;
* Plant malware or use collabee to distribute malware;
* Send any unsolicited communications, promotions, advertisements or spam;
* Send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
* Post or transmit anything that is fraudulent or misleading, or that infringes on others' rights;
* Impersonate or misrepresent your affiliation with any person or entity;
* Violate the privacy of others;
* Violate any applicable law or regulation; or
* Encourage or enable any other individual to do any of the above.
Some features of collabee are available via paid Service (“Paid Service”) and are billed on a subscription basis ("Subscription(s)"). Depending on the type of service you choose, the payment method and payment cycles (“Billing Cycles”) could differ. Billing Cycles are set on a monthly or yearly basis. You can upgrade to premium services at any time by following the instructions on our pricing page. Your account will be charged a prorated amount based on the number of employees in use.
You can cancel Premium Service either through your online account management page if you are an administrator (“Administrator”) of the company or team that you belong to.
Payment to collabee should be made via credit cards and you are responsible to provide accurate and complete billing information. By providing collabee your payment information, you authorize us to charge all subscription-related fees incurred through your account. You are responsible for all applicable taxes, and all taxes are determined by your residing countries’ tax regulations.
At the end of the billing cycle, your subscription will be renewed automatically unless users cancel the service or modify billing settings. If the payment comes in late, collabee will attempt to charge the credit card on file one or more times. We will send notification on late payment via your contact information for sixty (60) days. After the 60 days, collabee will terminate your subscription and switch your service from Premium Service to “Free Service”.
Service Level Agreement
collabee shall use all reasonable commercial efforts, being no less than accepted industrial standards in this regard, to ensure that the Service is available to you 99.9% of the time in any calendar month. If we fall short of our 99.99% uptime guarantee, we’ll refund the prorated amount to our customers who are on Paid Service as below:
* 99.9% ~ 99.0% : 3 days equivalent amount
* 99.0% ~ 95.0% : 7 days equivalent amount
* below 95.0% : 15 days equivalent amount
Please note collabee can perform maintenance to keep the service working smoothly. We will notify you prior to any scheduled maintenances to the service via email or notice board.
You agree (i) that collabee may identify you as a recipient of services and use your logo in sales presentations, marketing materials, and press releases, (ii) to develop a brief customer profile for use by collabee on collab.ee for promotional purposes.
collabee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that collabee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
We may suspend or terminate your access to use our service, at our sole discretion, at any time and without notice to you. For example, we may suspend or terminate your use if you are not complying with these Terms, or use collabee in any way that would cause us legal liability or disrupt others’ use of collabee.
You can also stop using our service at any time you want, although we will be sorry to see you go. If we suspend or terminate your use, we will give you a reasonable notice period and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. collabee AND ITS PARENT,SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES 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. collabee AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES MAKE NO WARRANTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLABEE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT collabee AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS, LICENSORS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COLLABEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COLLABEE'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO COLLABEE FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $20.
You agree to indemnify and hold collabee and its parent, subsidiaries, affiliates, officers, directors, stockholders, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of, or in connection with, (i) Content you submit, post, transmit or otherwise make available through the Service, (ii) your use or access of the Service, (iii) your connection to the Service, (iv) your violation of the Terms, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Service in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.