Please carefully read the following general terms of service (the “Terms”) because they govern your use of the websites that link to these Terms (each, a
“Site”), and any use of services provided by EverSolution (and not third parties) and accessed through the Site (together with Site, the “Services”). The Services are only available to users who are authorized to form legally binding contracts under applicable laws in the jurisdictions in which the Services are offered or made available. Any software, cloud or other products or services provided by a third-party vendor (each, a “Vendor”) and ordered, purchased, or accessed by you through a Site are “Vendor Services”. When “EverSolution”, “we”, “us” or “our” is used in these Terms, they refer to EverSolution and/or its applicable affiliate(s).
1. Applicability If we provide Services to you If you obtain services in another country, these Terms are between you and the applicable EverSolution
local affiliate with which you transact. By using the Services, you accept and agree to be bound by and comply with these Terms, effective from the first time you access or use the Services.
2. Access and Use of Services We will create an account for you and your access will be granted in the form of username and password or by application programming interfaces (APIs) or other remote access. The access we provide is for your use solely within the applicable country for your account(s). You are responsible for maintaining the security and confidentiality of this unique access authorization and all activity in your account at all times. The use of your credentials by third parties without our prior approval is strictly forbidden. You will remain primarily liable for any and all charges or fees incurred by or through the use of the credentials we provide to you. We reserve the right to charge a fee for any of our Services at any time upon notice to you.
3. Modification and Termination We may modify these Terms or our Services at any time and may impose new conditions applicable to the use of the Services in our sole discretion. It is your responsibility to check these Terms regularly. Any modification to these Terms will be effective once posted on the Site. Use of the Services after any such modification will signify your acceptance of such updated Terms. If any modification is unacceptable, you may stop using the Services. In fact, you may stop using the Services at any time. We reserve the right to immediately terminate or suspend your access to the Services if: (i) we stop offering the Service; (ii) you breach any of these Terms; (iii) your or your customer’s use of the Services would cause risk of harm or loss to us or other users; or (iv) you have not used your account for a period of six (6) months. It should be common sense, so we will not bore you with an exhaustive list of things you should not do, but if we (in our sole discretion) determine that you have acted inappropriately or in breach of these Terms, we reserve the right to terminate your account, prohibit you from using the Services, and take appropriate legal actions. Just so we are clear, you may not access or use the Services for any illegal activity. We may monitor your activity at any time.
Additionally, we may temporarily or permanently prevent you from using the Services, cancel the Services without a refund and, if appropriate, pursue legal action against you. In addition, you may be subject to civil or criminal penalties and injunctive relief. We will not be liable for any claims that might arise from our suspension or termination of the Services.
4. Data You hereby grant us a non-exclusive, non-transferable, royalty-free, worldwide right to use the electronic data specifically pertaining to you and/or your users that is processed using the Services (collectively, “Data”) strictly for the limited purpose of providing the Services to you and/or your users. If you are a reseller, you agree that you have received proper consent from your customers to provide their information to us for use in connection with Services. By using the Services, you agree that we may use Data in accordance with our Privacy Statement, available here.
5. Disclaimer of Warranties We strive to provide great Services, but there are things we cannot guarantee. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITH NO WARRANTIES, EITHER EXPRESS OR IMPLIED. THE SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
6. Limitation of Liability WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU IF IT WOULD BE ILLEGAL TO DO SO. THIS INCLUDES ANY LIABILITY FOR OUR FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, EVERSOLUTION, ITS AFFILIATES, OR ITS SUPPLIERS WILL NOT BE LIABLE FOR:
• ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;
• ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY; OR
• ANY AMOUNT GREATER THAN $100.
7. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT EVERSOLUTION OR ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBLITY OF SUCH DAMAGES.
8. Indemnification You agree to indemnify, defend and hold us, our affiliates, and our suppliers harmless from and against any and all third-party claims that might arise as a result of your breach of your obligations, access to or use of the Services in breach of these Terms.
9. Entire Agreement These Terms constitute the entire agreement between you and us with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights. We reserve all rights not expressly granted in these Terms.
10. Waiver, Severability, Assignment and Survival Our failure to enforce a provision is not a waiver of our rights to do so. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full force and effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any provision required by its construction or required for rights and obligations enforcement, will survive termination, including, but not limited to, the indemnity provisions, limitations of liability and the survival terms of this section.