Terms of Service
Last Updated: [Date, e.g., October 26, 2023]
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the [Your Website URL] website and the Maintafox CMMS software and services (collectively, the "Service") operated by [Your Company Full Name] ("Maintafox," "us," "we," or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
Disclaimer: This is a template agreement. It is essential to consult with a qualified legal professional to customize these terms for your specific business model, ensure compliance with Algerian law, and address specific aspects like payment terms, service levels, and data processing specifics.
1. Accounts
When you create an account with us, you guarantee that you are above the age of [18] and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2. License to Use the Service
Subject to your compliance with these Terms and payment of any applicable fees, Maintafox grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business operations during the term of your subscription.
You agree not to (and not to allow any third party to):
- Copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of the Service.
- Sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Service.
- Use the Service in any manner that could damage, disable, overburden, or impair the Service.
- Use any automated system, including without limitation "robots," "spiders," or "offline readers," to access the Service in a manner that sends more request messages to the Maintafox servers than a human can reasonably produce in the same period by using a conventional on-line web browser.
- Use the Service for any illegal or unauthorized purpose.
3. Service Modifications and Availability
We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We strive to ensure the Service is available but do not guarantee uninterrupted access. Maintenance, updates, or unforeseen issues may cause temporary interruptions. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
4. Customer Data
You retain all ownership rights to the data, information, or material submitted by you or your users to the Service ("Customer Data"). You grant Maintafox the necessary rights to process Customer Data solely for the purpose of providing and improving the Service as described in these Terms and our Privacy Policy.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data. You represent and warrant that you have all necessary rights and consents to provide the Customer Data to Maintafox for processing.
We will maintain administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Customer Data, as described in our Privacy Policy.
5. Fees and Payment [Adapt/Remove if purely Lead Gen]
Access to certain features of the Service may require payment of fees. All fees are [Specify Currency, e.g., Algerian Dinar (DZD) or USD] and are non-refundable, except as required by law or as explicitly stated in your specific service agreement.
You agree to provide current, complete, and accurate purchase and account information. We may change our fees and billing methods upon [Number] days' notice by posting changes on the website or notifying you directly. [Add details about subscription terms, renewals, taxes, payment methods as applicable].
For custom on-premise solutions, pricing and payment terms will be detailed in a separate service agreement.
6. Intellectual Property
The Service and its original content (excluding Customer Data), features, and functionality are and will remain the exclusive property of Maintafox and its licensors. The Service is protected by copyright, trademark, and other laws of [Algeria] and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Maintafox.
7. Confidentiality
Each party agrees to treat the other party's Confidential Information (information designated as confidential or which reasonably should be understood to be confidential) with the same degree of care as it uses for its own confidential information, but not less than reasonable care. Confidential Information shall not be disclosed to third parties without prior written consent, except as required by law or to employees/contractors under a duty of confidentiality who need to know for purposes of fulfilling obligations under these Terms.
8. Term and Termination
These Terms are effective until terminated. We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service or follow the specific termination procedures outlined in your service agreement. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
[Specify data deletion policy upon termination - e.g., Customer Data will be deleted within X days of termination, unless legally required otherwise.]
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
MAINTAFOX, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
10. Limitation of Liability
IN NO EVENT SHALL MAINTAFOX, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
[Consider adding a specific cap on direct damages, often limited to fees paid in a preceding period - Consult Lawyer].
11. Indemnification
You agree to defend, indemnify, and hold harmless Maintafox and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Customer Data or content posted on the Service.
12. Governing Law
These Terms shall be governed and construed in accordance with the laws of [Algeria], without regard to its conflict of law provisions.
[Consider adding a clause about dispute resolution - e.g., amicable negotiation first, then exclusive jurisdiction of the courts of Algiers].
13. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material [Define Materiality or state determination is at your discretion], we will provide at least [30] days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
14. Contact Us
If you have any questions about these Terms, please contact us:
[Your Company Full Name]
[Your Company Address, Algiers, Algeria]
Email: [Your Legal/Support Email Address, e.g.,
legal@maintafox.com]
Phone: [Your Phone Number]