Please Read Carefully Before Using This Website:
(Effective and Last Updated Oct 17, 2017)
THIS MASTER SUBSCRIPTION AGREEMENT (“AGREEMENT”) GOVERNS YOUR ACQUISITION OF THE CAYZU.COM ONLINE CUSTOMER HELPDESK PORTAL (THE “WEBSITE” or “SITE”) FROM “CAYZU” AND YOUR USE OF ALL CAYZU.COM WEBSITE’S, PRODUCTS AND SERVICES “CAYZU PRODUCT AND SERVICES”.
IF YOU REGISTER FOR A FREE TRIAL OF CAYZU, THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL.
1. Changes to Terms
Cayzu may make changes to this Agreement from time to time, as it deems necessary and will notify its customers of any such updates via this website. Cayzu’s failure to enforce at any time any provision of this Agreement does not constitute a waiver of that provision or of any other provision of this Agreement.
The Website is directed to those individuals and entities located in Canada and the United States of America. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. Cayzu makes no representation that the information, opinions, advice or other content on the Website (collectively, “Content”) is appropriate or that its products and services are available outside Canada and the United States of America. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
3. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Cayzu is strictly prohibited.
4. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by Canadian and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include Cayzu’s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of Cayzu.
Except as expressly provided under the “Scope of Use” Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Cayzu. You may not use a part of this Website on any other Website, without Cayzu’s prior written consent.
Cayzu respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Cayzu is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org
6. No Unlawful or Prohibited Use
As a condition of your use of the Website, you warrant to Cayzu that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
7. Spamming & Email Fair Use
Gathering email addresses from Cayzu through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. If your company generates excessive amounts of tickets and/or emails you may be required to pay an additional fee. Inquiries regarding a commercial relationship with Cayzu should be directed to:email@example.com
8. Fees and Payments
8.1. Fees. You shall pay all fees for Cayzu Product and Services as specified in the billing section of the Site, or Order Form, if applicable. . Except as otherwise provided herein payment obligations are non-cancelable and fees paid are non-refundable.
8.2. Invoicing and Payment. You will provide Cayzu with valid and updated credit card information. If You provide credit card information to Cayzu, You authorize Cayzu to charge such credit card for all purchased Cayzu Product and Services.. Agent User subscriptions are charged in advance on a monthly or yearly basis. You may also change plans, from SOLO or PRO plans to our FREEDOM plan (or vice-versa) at any time. Your account will be charged a pro-rated increase/decrease to the extent that Your account activity has changed.
8.3. Overdue Charges. If any charges are not received from You by the due date, then at Our discretion, (a) such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid, and/or (b) We may condition future subscription renewals on payment terms shorter than those specified in Section 8.2 (Invoicing and Payment).
8.4. Suspension of Cayzu Product and Services and Acceleration. If any amount owing by You under this or any other agreement for Cayzu Product and Services is 30 or more days overdue (or 10 or more days overdue in the case of amounts You have authorized Cayzu to charge to Your credit card), Cayzu may, without limiting Our other rights and remedies, accelerate Your unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Cayzu Product and Services to You until such amounts are paid in full. We will give You at least 7 days’ prior notice that Your account is overdue.
8.5. Payment Disputes. Cayzu shall not exercise Our rights under Section 8.3 (Overdue Charges) or 8.4 (Suspension of CAYZU.com Service and Acceleration) if You are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
8.6. Taxes. Unless otherwise stated, Cayzu’s posted plan fees on its Website do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). All applicable “Taxes” will be calculated on the posted prices and automatically charged on Your credit card.
9. Notice to U.S. Government End Users
The Software Product is a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software Product with only those rights set forth therein.
10. Cayzu’s Obligations
Cayzu promises to take all reasonable care for executing this Agreement. Cayzu shall provide our support for SaaS products and use commercially reasonable efforts to make them available 24 hours a day, 7 days a week, except for: (a) planned downtime less than 15 minutes not more than once per 24 hour period (and of which we shall endeavor to give at least 24 hours notice and which we shall schedule to the extent practicable from 11:00 p.m. to 11:15 p.m. Eastern Time), (b) planned downtime greater than 15 minutes (of which we shall endeavor to give at least 48 hours notice and which we shall schedule to the extent practicable during the weekend hours from 6:00 p.m. Friday to 3:00 a.m. Monday Eastern Time), or (c) any unavailability caused by circumstances beyond our reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), Internet service provider failures or delays, or denial of service attacks. .
11. No Warranties
THE WEBSITE, SITE AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH CAYZU EXPRESSLY DISCLAIMS. CAYZU DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE SITE OR CONTENT, AND CAYZU WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE, SITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. CAYZU MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY CAYZU.
12. Highly Sensitive Data
Cayzu is not intended to hold highly sensitive data such as, but not limited to, credit card information or health related data. Any highly sensitive data is entered in at your own risk and you are responsible for protecting the data through encryption or other means before inserting data into the website.
13. Governing Law, Location and Miscellaneous
14. Separate Agreements
15. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
16. Users Disputes
You are solely responsible for your interactions with other Users.Cayzu reserves the right, but has no obligation, to monitor disputes between you and other Users.
17. User Submissions And Communications; Public Areas:
If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Cayzu by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Cayzu a royalty-free, perpetual, irrevocable, world-wide non exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Cayzu may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Cayzu by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Cayzu has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
Cayzu reserves the right (but is not obligated) to do any or all of the following:
(a) Record the dialogue in public chat rooms.
(b) Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(e) Monitor, edit, or disclose any communication in the Public Areas.
(f) Edit or delete any communication(s) posted on the Cayzu Site, regardless of whether such communication(s) violate these standards.
Cayzu reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. Cayzu has no liability or responsibility to users of the Cayzu Website or any other person or entity for performance or non-performance of the aforementioned activities.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgement upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
19. Limitation of Liability
YOUR USE OF THE SITE, WEBSITE & CONTENT IS AT YOUR OWN RISK. CAYZU SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF CAYZU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY CAYZU. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
21. Accounts And Security
Cayzu does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
You may not:
(a) select or use a Login Name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Cayzu of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Cayzu’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
We’ve made both our website & software product simpler, clearer and easier to use – not just for disabled people but for every visitor to www.cayzu.com. If you come across coding errors of any kind please email firstname.lastname@example.org .