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| Terms of Service |
STRICT MANAGER, LLC SOFTWARE END USER LICENSE AGREEMENT
Thank you for selecting Strict Manager, LLC (also referenced as StrictManager.com). If you do not agree to this Agreement, then you may not use the Software. A. GENERAL TERMS 1. AGREEMENT 1.1 This Agreement describes the terms governing your use of the StrictManager.com including content, updates and new releases (collectively, the "Software"). It includes by reference: * StrictManager.com Privacy Statement provided to you in the Software available on the website; * Any terms provided separately to you for the Software, including product or program terms, ordering, activation, payment terms, etc. 2. LICENSE GRANT AND RESTRICTIONS 2.1 The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software, and StrictManager.com reserves all other rights in the Software not granted to you in writing herein. As long as you meet any applicable payment obligations and comply with this Agreement, StrictManager.com grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software only for the period of use provided in the ordering and activation terms, as set forth in this Agreement, or in accordance with StrictManager.com then-current product discontinuation policies, as updated from time to time, and only for the purposes described by StrictManager.com for the Software. 2.2 You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use, the Software in a manner that violates any applicable law, regulation or this Agreement. You agree you will not: * Provide access to or give the Software or any part of the Software to any third party; * Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade or resell the Software; 3. PAYMENT. Free accounts are not required to make any payments or provide credit card. To qualify for free account you must meet certain conditions that currently are set to ‘schedule less than 15 jobs per month’. For Software licensed on a payment or subscription basis, the following terms apply, unless StrictManager.com notifies you otherwise in writing. Your account is billed on a monthly basis based on amount of jobs scheduled, reservations made and other options that you might select (including but not limited to website hosting, customized software development for your business etc) in the past month. We do not store your payment information by default, but you might select to subscribe to recurring payments. If payment is not received 30 days after billing we will assume that you are not interested in continuing using this software and account might be terminated. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you for the Software: a. Payments will be billed to you in U.S. dollars b. You must pay with one of the following: 1. A valid credit or debit card acceptable to StrictManager.com; 2. Check sent to StrictManager.com offices; 3. Money transfer such as Western Union etc. c. If payments are not received 30 business days after due day, we may suspend or terminate your account, terminate your license and refuse any further use of the Software. 4. YOUR PRIVACY AND PERSONAL INFORMATION. You agree that StrictManager.com may use and maintain your data related to scheduling, reservations and other data that must be stored to use StrictManager.com software on StrictManger.com servers. StrictManager.com uses cookies for its software to operate. We do not share your personal information unless it is required by law or you personally select to share your information with third party. LOCATION TRACKING. Strict Manager apps can access your location when you clock in for jobs with GPS tracking. If user does not allow GPS tracking when clocking in for work, the app will not track locatoin. Location is not shared with third parties and is only viewed by the specific company users of the app who have manager access. 5. CONTENT 5.1 You are responsible for your content. StrictManager.com is not responsible for the Content or data you provide through your use of the Software. 5.2 StrictManager.com may freely use feedback you provide. You agree that StrictManager.com may use your feedback, suggestions, or ideas in any way, including in future modifications of the Software, other products or services, advertising or marketing materials. You grant StrictManager.com a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to StrictManager.com in any way. 6. ADDITIONAL TERMS 6.1 StrictManager.com does not give professional advice. Unless specifically included with the Software, StrictManager.com is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance. 6.2 Communications. StrictManager.com may be required by law to send you communications about the Software or Third Party Products. You agree that StrictManager.com may send these communications to you via email or by posting them on our websites. 6.3 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Software and to contact StrictManager.com If you become aware of any unauthorized access to your account. The Software may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Software. You agree to receive these updates. 7. DISCLAIMER OF WARRANTIES 7.1 YOUR USE OF THE SOFTWARE AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STRICTMANAGER.COM, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SOFTWARE. STRICTMANAGER.COM AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. 7.2 STRICTMANAGER.COM, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SOFTWARE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. 8. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF STRICTMANAGER.COM, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, STRICTMANAGER.COM, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET STRICTMANAGER.COM SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF STRICTMANAGER.COM AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF STRICTMANAGER.COM, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SOFTWARE AND ITS USE. You agree to indemnify and hold StrictManager.com and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Software or breach of this Agreement (collectively referred to as "Claims"). StrictManager.com reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by StrictManager.com in the defense of any Claims. 9. CHANGES. We reserve the right to change this Agreement at any time, and the changes will be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. Your continued use of the Software indicates your agreement to the changes. 10. TERMINATION. StrictManager.com may immediately, in its sole discretion, and without notice terminate the Software if you fail to comply with this Agreement. Upon termination you must immediately stop using and delete or destroy all copies of the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect StrictManager.com's rights to any payments due to it. StrictManager.com may terminate a free account at any time. Sections 2.2, 5, 7 through 11 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded. 11. USER DATA DELETION. Companies that want to close and delete all customer data should login to account as a manager with original email (login should be from the same email that account was opened with) and request deletion. Requesting account deletion through web browser: login to your account at www.StrictManager.com and navigate to Settings -> Terminate Account -> Submit Termination Request (https://www.strictmanager.com/calendar/calendar_settings.php). Requesting account deletion through mobile app: open Strict Manager app on your mobile device and select more options (three dots on top right corner), select StrictManager.com -> click three lines on top right for more options and select Settings -> Terminate Account -> Submit Termination Request. When all company data deletion is requested, confirmation email will be sent, and company account will be closed for 30 days. After 30 days, if no reinstatement of the company account was requested ALL COMPANY DATA INCLUDING CUSTOMER NAMES, SCHEDULES, PICTURES will be deleted. All other users who are not company owner or manager that created account can request their personal information (login email and encrypted password) to be deleted by emailing from email that need to be deleted. Email to request deletion: info@StrictManager.com 12. GOVERNING LAW. Virginia state law governs this Agreement without regard to its conflicts of laws provisions. 2024 Strict Manager, LLC All rights reserved. Strict Manager, LLC 30 S Quaker Ln. #260 Alexandria VA 22314 Date: As of September 2024 |