END USER LICENSE AGREEMENT FOR Billy US SOFTWARE
This End User License Agreement (EULA) is a legal contract between you and Billy US Inc. (https://billyapp.com) “Billy US” or “Billyapp.com” which covers your use of the Billy US software product and/or software product license. Here a “Software Product.” is defined as any software component and includes all associated media, printed materials or soft copies thereof. Read the agreement carefully as it sets forth your rights and obligations with respect to use of the Billy US Software Product and/or Software Product License. If you are not willing to be bound by the TERMS AND CONDITIONS of this agreement then do not use the Software Product or the Software Product License By accepting the EULA or by installing, copying, downloading, accessing, or otherwise using the Software Product and/or purchasing a Software Product License you are acknowledging and agreeing to be bound by the following terms and conditions:
CONFIDENTIALITY OF USER AND CLIENT DATA
While Billy US LLC takes every reasonable precaution to protect our Customer’s data and privacy based on industry best-practices, we cannot guarantee the security of any information you disclose online. Some of the possible ways that your data could be leaked in an unintended way include password sharing between your staff, failure to remove access after terminating an employee, connecting your Billy US instance to other platforms with lower security standards, and using insecure passwords that are susceptible to brute force attacks. You acknowledge by entering into this Agreement that you are aware of these limitations with respect to security and privacy, and further understand that the security of your data is ultimately your responsibility. Billy US customer data and customer’s client’s data (i.e. the data of the client ordering writing services from you) will be stored in Billy US’s servers. Billy US’s access to this client information is restricted to customer support purposes and will never be viewed or accessed without the client’s permission. Any requests for support from Billy US are also implicit grants of permission to access your data for the purposes of understanding and remediating any issues.
Payment for the Software Product and related Software Product License is on a pre-paid basis and is charged once each month (unless otherwise specified in your payment terms). You are responsible for maintaining or providing us accurate billing information (Billing Contact Mail Address, Email Account, Phone, Fax number & “Payment Method”). The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover). Customers are responsible for any additional transaction fees that coincide with any selected payment methods. If for some reason you fail to pay the charges and/or the payment is not received by Billyapp.com, your use of the Software Product and/or Software Product License (“Account”) will be deactivated until receipt of the payment. Your Software Product and/or Software Product License will be deactivated on accounts that reach 14 days past due. Accounts deactivated for any reason including non-payment, or requested cancellation are subject to a reconnect charge equal to three months of services. Accounts deactivated for Abuse, will be charged $1,000 plus any damages to Billy US.
INVOICING AND RECEIPTS
billyapp.com does not utilize paper or hard-copy invoices or receipts. All invoices and receipts are sent via email. Clients will be billed automatically on either a monthly, annually or multi-year basis, depending on their selected licensing interval. Additional licenses may be purchased at any time by emailing [email protected]
INTELLECTUAL PROPERTY RIGHTS AND PRIVACY RESERVED BY BILLY US
You acknowledge and agree that billyapp.com is the sole owner of the Software Product and/or Software Product License, and the Service including without limitation, all applicable US and foreign copyrights, patents, trademarks, and trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. You must not remove or alter any copyright notices on any copies of the Software Product and/or Software Product License. This Software Product copy is licensed, not sold, and is delivered as Software as a Service (SaaS). billyapp.com reserves all intellectual property rights, including copyrights, and trademark rights.
GRANT OF LIMITED LICENSE
Subject to the terms and conditions of this Agreement, Billyapp.com grants to you a non-exclusive, non-transferable, limited license to use the Software solely for the purpose of accessing and using the Service in accordance with these Terms and Conditions during the term of this Agreement. The Software and Service is provided on an “AS IS” and “AS AVAILABLE” basis. You agree not to do or attempt to do any of the following: Modify or create derivative copies of the Software Product. Modify or create derivative copies of the Software Product License. Copy the Software or its content. Translate the Software or its content. Reverse engineer (or make any attempt to discover the source code of the Software), disassemble, decompile, alter, duplicate, or make copies of the Software or the Service, or any billyapp.com Web Site(s). Sublicense, rent, or lease any portion of the Software unless you are an authorized partner of billyapp.com and then only pursuant to your Partner Agreement. Use the Software or the Service for unauthorized commercial purposes (that is, for the purpose of generating revenue from the Service itself, rather than using the Service to automate your existing business) or for any purposes other than those set forth in this Agreement, unless you do so as an authorized partner of billyapp.com pursuant to your Partner Agreement. In case of Backup Copy of Software Product (documentation, diagrams, data, et cetera), you may make copies of Software Product as reasonably necessary for your authorized use only, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
DISCLAIMER OF WARRANTIES
The software product and/or software product license are provided “as is, as available” without warranty of any kind, either express or implied. Without limiting the foregoing, billyapp.com specifically disclaims any and all warranties, including, but not limited to: Any warranties concerning the availability, accuracy, security, usefulness, interoperability, or content of the software product and/or software product license; and Any warranties of merchantability or fitness for a particular purpose. This disclaimer applies to any damages or injury caused by the software product and/or software product license, including without limitation as a result of any failure of performance, error, omission, interruption, deletion, defect, delay or error in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record. It is your sole responsibility to isolate the software product and/or software product license and execute anti-contamination software and otherwise take steps to ensure that software product and/or software product license or other information obtained from the service, if contaminated or infected, will not damage your information or system. Billyapp.com makes no warranty regarding any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from Billyapp.com, shall create any warranty not expressly made herein. Billyapp.com assumes no responsibility for the deletion or failure to store, deliver or timely deliver any information, chat, records or email messages.
LIMITATION OF LIABILITY
In no event shall Billy US, its officers, directors, employees, advisors, parents, subsidiaries, affiliates, agents, successors or assigns, be liable to any person For any indirect, special, punitive, incidental or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information and the like), in any way arising out of the delivery, performance, or use of the software product and/or software product license or the service, even if billyapp.com shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or For any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the software product and/or software product license, or any other software or other content. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, billyapp.com liability shall be limited to the fullest extent permitted by law. You agree that in no event will billyapp.com’s total liability exceed the total of the monthly fees, if any, paid by you for the service or software product and/or software product license during the 12-month period immediately preceding the alleged claim or alleged cause of action. If the service is provided at no charge to you, billyapp.com shall have no liability whatsoever to you.
GENERAL CONDITIONS AND RESTRICTIONS
You agree to use the Software Product and/or Software Product License solely for your own personal or commercial use as an online communications and automations platform. While billyapp.com strives to protect personal information and privacy, we cannot guarantee the security of any information you disclose online. You acknowledge by entering into this Agreement that you are aware of our limitations with respect to security and privacy. You agree to provide true, accurate, current and complete information as required by Billyapp.com. You agree not to transfer, assign, sublicense or resell the Software Product and/or Software Product License, in whole or in part, unless you are an authorized partner of billyapp.com and only pursuant to a partners’ agreement entered into between you and billyapp.com (“Partners’ Agreement”), and you further agree not to allow any third party unauthorized access to the Software Product and/or Software Product License. billyapp.com may change the Terms and Conditions from time to time and at any time, with or without a release of a new version of the Software Product and/or Software Product License. You agree to immediately notify us of any unauthorized use of the Software Product and/or Software Product License or any other breach of security known to or suspected by you. billyapp.com assumes no responsibility for the deletion of or failure to store electronic messages, chat communications, or other information submitted by you or your clients using the Software Product and/or Software Product License, whether submitted as part of the Service or otherwise. If you violate these Terms and Conditions, you may be permanently or temporarily banned from using the Service and Software Product and/or Software Product License, at Billy US’s sole discretion. By way of example but not limitation, Billy US reserves the right to terminate this Agreement at any time if Billy US determines, in its sole discretion, that your site or activities are unsuitable for the Service or may result in damage to the platform or Billy US’s reputation. “Unsuitable” sites or activities may include, without limitation, those sites that billyapp.com believes: display or promote obscene, indecent, pornographic or sexually explicit activities; promote abusive, threatening, hateful, harmful, harassing, libelous or violent behavior; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or fail to comply with applicable law; or violate the intellectual property rights of third parties.
Requests for cancellation can be submitted by sending email to [email protected] A billing representative will contact you to confirm your request for cancellation. Refund and Disputes: All Payments to Billy US are Non-Refundable unless they fall under a 30 Day Money Back Guarantee. This includes any fees, optional add-on products, and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. Subscription payments that are not cancelled at the time of your account cancellation will be refunded less any fees and the subscription payment will be cancelled by Billy US.
A chargeback fee of $75.00 will be assessed for each credit card chargeback against Billy US. Please note that your account will be terminated until the chargeback is resolved. If the chargeback is not resolved, you will be banned from buying services from Billy US.
If you have any questions about this EULA and/or terms and conditions please email us at: [email protected]