Terms & Conditions

Last updated: February 05, 2019

By signing up for, or using the GetSaaSy services or any of the services of GetSaaSy LLC or its affiliates (“GetSaaSy”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The services offered by GetSaaSy under the Terms of Service include various products and services to help you sell services to subscribers online (“Online Services”). Any such services offered by GetSaaSy are referred to in these Terms of Services as the “Services”. Any new features or tools which are added to the current Services shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://getsaasy.co/terms. GetSaaSy reserves the right to update and change the Terms of Service by posting updates and changes to the GetSaaSy website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement, including GetSaaSy’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, Data Processing Addendum (“DPA”) before you may become a GetSaaSy user.

Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using GetSaaSy or any GetSaaSy services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.

To access and use the Services, you must register for a GetSaaSy account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. GetSaaSy may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. You acknowledge that GetSaaSy will use the email address you provide as the primary method for communication.

You are responsible for keeping your password secure. GetSaaSy cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).

A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of GetSaaSy will result in an immediate termination of your services.

WHICH MEANS

You are responsible for your Account and any Materials you upload to the GetSaaSy Service.

Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation


2.1 GetSaaSy Account


Subject to section 2.1.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.


2.2 Stripe Checkout & GetSaaSy Payments Accounts


Upon completion of sign up for the Service, GetSaaSy will create a Stripe Sub-Account on your behalf, using your email address. Depending on your location, GetSaaSy may also create a GetSaaSy Payments account on your behalf.

You acknowledge that Stripe Checkout and/or GetSaaSy Payments will be your default payments gateway(s) and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. For the avoidance of doubt, Stripe Checkout is a Third Party Service, as defined in Section 15 of these Terms of Service.


2.3 Domain Names


Upon purchasing a domain name through GetSaaSy, domain registration will be preset to automatically renew each year so long as your GetSaaSy Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

WHICH MEANS

The person signing up for the GetSaaSy Service is responsible for the account and is bound by these Terms of Service. If you sign up on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.

We automatically create accounts for you to accept payments. You are responsible for activating and deactivating these accounts.

Any domain you purchase through us will automatically renew unless you opt out.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service, including the AUP and the Privacy Policy before you may become a member of GetSaaSy.

Technical support is only provided to paying Account holders and is only available via email. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Texas and the laws of United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Texas with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

You acknowledge and agree that GetSaaSy may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on GetSaaSy’s website, available at https://getsaasy.co/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to GetSaaSy’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.

You may not use the GetSaaSy service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in your customer’s jurisdiction, or the laws of United States and the State of Texas. You will comply with all applicable laws, rules and regulations in your use of the Service.

The GetSaaSy API License and Terms of Use at getsaasy.co/api-terms (“GetSaaSy API Terms”) govern your access to and use of the GetSaaSy API (as defined therein). You are solely responsible for the activity that occurs using your API Credentials (as defined in the GetSaaSy API Terms) and for keeping your API Credentials secure.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by GetSaaSy. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use GetSaaSy or GetSaaSy trademarks and/or variations and misspellings thereof.

Questions about the Terms of Service should be sent to [email protected] You understand that your Materials (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

The Services allow you to send certain communications to your customers by short message service (SMS) messaging (for example, sending order confirmation notifications via SMS) (the "SMS Services"). You will only use the SMS Services in compliance with this agreement, Twilio Inc.’s Acceptable Use Policy, and the laws of the jurisdiction from which you send messages, and in which your messages are received.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by GetSaaSy, is governed by its privacy policy at https://getsaasy.co/privacy

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and GetSaaSy’s Terms of Service available in another language, the most current English version of the Terms of Service at https://getsaasy.co/terms will prevail.

All the terms and provisions of the Terms of Service shall be binding upon and inure to the benefit of the parties to the Terms of Service and to their respective heirs, successors, permitted assigns and legal representatives. GetSaaSy shall be permitted to assign these Terms of Service without notice to you or consent from you. You shall have no right to assign or otherwise transfer the Terms of Service, or any of your rights or obligations hereunder, to any third party without GetSaaSy’s prior written consent, to be given or withheld in GetSaaSy’s sole discretion.

WHICH MEANS

The GetSaaSy service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in the State of Texas.

Your Materials may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. GetSaaSy Right

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the services offered via a site, or the Materials uploaded or posted to a site, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.

Verbal or written abuse of any kind (including threats of abuse or retribution) of any GetSaaSy customer, GetSaaSy employee, member, or officer will result in immediate Account termination.

GetSaaSy does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service.

We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that GetSaaSy employees and contractors may also be GetSaaSy customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.

In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.

GetSaaSy retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, GetSaaSy reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

WHICH MEANS

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over a GetSaaSy account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

You expressly understand and agree that GetSaaSy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

In no event shall GetSaaSy or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, GetSaaSy partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

GetSaaSy does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

GetSaaSy does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

GetSaaSy does not warrant that the quality of any services, information, or other Materials purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

WHICH MEANS

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

6. Waiver and Complete Agreement

The failure of GetSaaSy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the documents it incorporates by reference constitute the entire agreement between you and GetSaaSy and govern your use of the Service, superseding any prior agreements between you and GetSaaSy (including, but not limited to, any prior versions of the Terms of Service).

WHICH MEANS

If GetSaaSy chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and GetSaaSy don’t apply if they conflict with these terms.

7. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the GetSaaSy service. All Materials you upload remains yours. You can remove your GetSaaSy site at any time by deleting your Account.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your site; (b) to allow GetSaaSy to store, and in the case of Materials you post publicly, display, your Materials; and (c) that GetSaaSy can, at any time, review all the Materials submitted to its Service, although GetSaaSy is not obligated to do so.

You retain ownership over all Materials that you upload to a GetSaaSy site; however, by making your site public, you agree to allow others to view Materials that you post publicly to your site. You are responsible for compliance of the Materials with any applicable laws or regulations.

We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

GetSaaSy shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your site to promote the Service.

WHICH MEANS

Anything you upload remains yours and your responsibility.

7. Intellectual Property and Customer Content

We do not claim any intellectual property rights over the Materials you provide to the GetSaaSy service. All Materials you upload remains yours. You can remove your GetSaaSy site at any time by deleting your Account.

By uploading Materials, you agree: (a) to allow other internet users to view the Materials you post publicly to your site; (b) to allow GetSaaSy to store, and in the case of Materials you post publicly, display, your Materials; and (c) that GetSaaSy can, at any time, review all the Materials submitted to its Service, although GetSaaSy is not obligated to do so.

You retain ownership over all Materials that you upload to a GetSaaSy site; however, by making your site public, you agree to allow others to view Materials that you post publicly to your site. You are responsible for compliance of the Materials with any applicable laws or regulations.

We will not disclose your confidential information to third parties (“Your Confidential Information”), except as required in the course of providing our services. Your Confidential Information includes any Materials or information provided by you to us which is not publicly known. Your Confidential Information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

GetSaaSy shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your site to promote the Service.

WHICH MEANS

Anything you upload remains yours and your responsibility.

8. Marketplace

You may decide to enhance your GetSaaSy site with custom software modules from GetSaaSy’s Marketplace Site (“a Module”). If you download or install a Module, you are licensed to use it for a single site only. You are free to transfer a Module to a second one of your own sites if you close your first site. To initiate a transfer of a Module to a second one of your sites, please email [email protected] You are not permitted to transfer or sell a Module to any other person’s site on GetSaaSy or elsewhere. Multiple sites require multiple downloads and each download is subject to the applicable fee. GetSaaSy gives no assurance that a particular Module will remain available for additional downloads.

You may modify the Module to suit your site. GetSaaSy may add or modify the footer that refers to GetSaaSy at its discretion. GetSaaSy may modify the Theme where it contains, in our sole discretion, an element that violates the GetSaaSy AUP or the Terms of Service, even if you received the Module in that condition. GetSaaSy may modify the Module to reflect technical changes and updates as required.

The intellectual property rights of the Module remain the property of the designer. If you exceed the rights granted by your purchase of a Module, the designer may take legal action against you, and GetSaaSy may take administrative action such as modifying your site or closing your site.

Technical support for a Module is the responsibility of the designer, and GetSaaSy accepts no responsibility to provide such support. GetSaaSy may be able to help you contact the designer. It is the responsibility of the user, and not GetSaaSy, to ensure that the installation of a new theme does not overwrite or damage the current or preexisting theme, or UI, of the user.

WHICH MEANS

You can purchase our Module to use for one site at a time. Feel free to modify our Module, but respect that the designers own their Module, so don’t infringe on their rights. For Theme-related problems, contact the designer. Note that Themes may disappear over time and are subject to change.

11. Payment of Fees

You will pay the Fees applicable to your subscription to Online Service (“Subscription Fees”) and any other applicable fees, including but not limited to applicable fees relating to the value of sales made through your site when using all payment providers other than GetSaaSy Payments (“Transaction Fees”), and any fees relating to your purchase or use of any products or services such as GetSaaSy Payments, apps, Modules, domain names, Experts Marketplace, or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”.

You must keep a valid credit card on file with us to pay for all incurred and recurring Fees. GetSaaSy will charge applicable Fees to the credit card account that you authorize (“Authorized Card”), and GetSaaSy will continue to charge the Authorized Card (or any replacement card) for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full. Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at GetSaaSy’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your GetSaaSy administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees.

If we are not able to process payment of Fees using the Authorized Card, we will make a second attempt to process payment using the Authorized Card 3 days later. If the second attempt is not successful, we will make a final attempt 3 days following the second attempt. If our final attempt is not successful, we may suspend and revoke access to your Account. Your Account will be reactivated upon your payment of any outstanding Fees, plus the Fees applicable to your next Billing Cycle. You will not be able to access your Account during any period of suspension. If the outstanding Fees remain unpaid for 60 days following the date of suspension, GetSaaSy reserves the right to terminate your Account.

All Fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).

You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of GetSaaSy’s products and services. These Taxes are based on the rates applicable to the billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with evidence of your exemption, which in some jurisdictions includes an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive evidence satisfactory to GetSaaSy of your exemption. If you are not charged Taxes by GetSaaSy, you are responsible for determining if Taxes are payable, and if so, self-remitting Taxes to the appropriate tax authorities in your jurisdiction.

You must maintain your current location in the administration menu of your GetSaaSy site and promptly update your location if you move jurisdictions. If you change jurisdictions you must promptly update your location in the administration menu. GetSaaSy does not provide refunds.

WHICH MEANS

A valid credit card is required for all sites. You will be billed for your Subscription Fees every 30 days. Any Transaction Fees or Additional Fees will be charged to your credit card. If we are not able to process payment of Fees using your credit card, we will try your credit card again 3 days following the initial failed attempt. If we are unable to process payment of Fees on the second attempt, we will attempt to process payment of Fees on your credit card a third and final time 3 days following the second attempt. If payment of Fees is unsuccessful after three attempts, GetSaaSy may freeze your site. You may be required to remit Taxes to GetSaaSy or to self-remit to your local taxing authority. No refunds.

12. Cancellation and Termination

You may cancel your Account at any time by emailing [email protected] and then following the specific instructions indicated to you in GetSaaSy’s response.

Upon termination of the Services by either party for any reason:

GetSaaSy will cease providing you with the Services and you will no longer be able to access your Account;

unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;

any outstanding balance owed to GetSaaSy for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your site website will be taken offline.

If you purchased a domain name through GetSaaSy, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.

If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.

We reserve the right to modify or terminate the GetSaaSy Service or your Account for any reason, without notice at any time.

Fraud: Without limiting any other remedies, GetSaaSy may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

WHICH MEANS

To initiate a cancellation, email [email protected] GetSaaSy will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through GetSaaSy will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

13. Modifications to the Service and Prices

Prices for using the Services are subject to change upon 30 days’ notice from GetSaaSy. Such notice may be provided at any time by posting the changes to the GetSaaSy Site (GetSaaSy.com) or the administration menu of your GetSaaSy site via an announcement.

GetSaaSy reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.

GetSaaSy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

WHICH MEANS

We may change or discontinue the service at anytime, without liability.

14. Third Party Services, Experts, and Experts Marketplace

GetSaaSy may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the GetSaaSy App Site, or Experts Marketplace. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Third Party Providers.

GetSaaSy Experts is an online directory of independent third parties (“Experts”) that can help you build and operate your GetSaaSy site. You can engage and work with an Expert directly or through Experts Marketplace. Experts Marketplace provides you with recommendations on Experts that can assist you with different aspects of your Site. Using Experts Marketplace, you can find, hire, and communicate with Experts directly from your Account admin.

Any use by you of Third Party Services offered through the Services, GetSaaSy Experts, Experts Marketplace or GetSaaSy’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. In some instances, GetSaaSy may receive a revenue share from Third Party Providers that GetSaaSy recommends to you or that you otherwise engage through your use of the Services, GetSaaSy Experts, Experts Marketplace or GetSaaSy’s website.

We do not provide any warranties with respect to Third Party Services. You acknowledge that GetSaaSy has no control over Third Party Services and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on GetSaaSy’s websites, including the GetSaaSy App Site or Experts Marketplace, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with GetSaaSy. GetSaaSy does not guarantee the availability of Third Party Services and you acknowledge that GetSaaSy may disable access to any Third Party Services at any time in its sole discretion and without notice to you. GetSaaSy is not responsible or liable to anyone for discontinuation or suspension of access to, or disablement of, any Third Party Service. GetSaaSy strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.

If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. GetSaaSy is not responsible for any disclosure, modification or deletion of your data or other Materials, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or other Materials.

Google Maps is a Third Party Service that is used within the Services. Your use of the Service is subject to your acceptance of the Google Maps and Earth Enterprise Universal Acceptable Use Policy, Google Maps and Google Earth Additional Terms of Service and Google Privacy Policy as it may be amended by Google from time to time.

You acknowledge and agree that: (i) by submitting a request for assistance or other information through Experts Marketplace, you consent to being contacted by one or more Experts at the Account Owner’s registered email address (or such other email address provided by you) as well as the applicable user email address; and (ii) GetSaaSy will receive all email communications exchanged via Experts Marketplace or in any reply emails (each a “Reply”) that originate from Experts Marketplace (directly or indirectly) between yourself and Experts. You further agree that GetSaaSy may share your contact details and the background information that you submit via the Experts Marketplace with Experts. Experts may require access to certain admin pages on your GetSaaSy site. You choose the pages that the Experts can access. The relationship between you and any Third Party Provider is strictly between you and such Third Party Provider, and GetSaaSy is not obligated to intervene in any dispute arising between you and a Third Party Provider.

Under no circumstances shall GetSaaSy be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if GetSaaSy has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, GetSaaSy partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third Party Service or your relationship with a Third Party Provider.

WHICH MEANS

We are not responsible for third party services so use them at your own risk. If you use any Third Party Services on the GetSaaSy platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand.

15. Beta Services

From time to time, GetSaaSy may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services may be subject to additional terms and conditions, which GetSaaSy will provide to you prior to your use of the Beta Services. Such Beta Services and all associated conversations and materials relating thereto will be considered GetSaaSy Confidential Information and subject to the confidentiality provisions in this agreement. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without GetSaaSy’s prior written consent. GetSaaSy makes no representations or warranties that the Beta Services will function. GetSaaSy may discontinue the Beta Services at any time in its sole discretion. GetSaaSy will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. GetSaaSy may change or not release a final or commercial version of a Beta Service in our sole discretion.

16. Feedback and Reviews

GetSaaSy welcomes any ideas and/or suggestions regarding improvements or additions to the Services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the Services, Third Party Services or any Third Party Provider (collectively, “Feedback") to GetSaaSy be subject to any obligation of confidentiality or expectation of compensation. By submitting Feedback to GetSaaSy (whether submitted directly to GetSaaSy or posted on any GetSaaSy hosted forum or page), you waive any and all rights in the Feedback and that GetSaaSy is free to implement and use the Feedback if desired, as provided by you or as modified by GetSaaSy, without obtaining permission or license from you or from any third party. Any reviews of a Third Party Service or Third Party Provider that you submit to GetSaaSy must be accurate to the best of your knowledge, and must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. GetSaaSy reserves the right (but not the obligation) to remove or edit Feedback of Third Party Services or Third Party Providers, but does not regularly inspect posted Feedback.

17. DMCA Notice and Takedown Procedure

GetSaaSy supports the protection of intellectual property and asks GetSaaSy operators to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our operators is infringing their intellectual property rights, they can send a DMCA Notice to GetSaaSy’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the operator can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material. For more information, see our DMCA Notice and Takedown Procedure.

WHICH MEANS

GetSaaSy respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send GetSaaSy a DMCA Notice. We will expeditiously disable access or remove the content and notify the operator. Be advised that we post all notices we receive.

18. GetSaaSy Confidential Information

During the course of your use of the Services, you may receive information relating to us, or to the Services, that is not known to the general public including information related to our security program and practices (“GetSaaSy Confidential Information”). You agree that: (a) GetSaaSy Confidential Information will remain GetSaaSy’s exclusive property; (b) you will use GetSaaSy Confidential Information only as is reasonably necessary for your use of or participation in the Services; (c) you will not otherwise disclose GetSaaSy Confidential Information to any third party, except that you may disclose to your affiliates, employees, subcontractors and agents who, in each case, are subject to confidentiality obligations at least as protective of the GetSaaSy Confidential Information as those contained in these Terms of Service; and (d) you will take all reasonable measures to protect the GetSaaSy Confidential Information against any use or disclosure that is not expressly permitted in these Terms of Service.

WHICH MEANS

If you receive GetSaaSy Confidential Information you are required to protect it.

19. Privacy & Data Protection

GetSaaSy is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that GetSaaSy’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

Additionally, if: (a) you are established in the European Economic Area (EEA); (b) you provide goods or services to customers in the EEA; or (c) you are otherwise subject to the requirements of the EU General Data Protection Regulation, GetSaaSy’s collection and use of personal information of any European residents is also subject to our Data Processing Addendum.

WHICH MEANS

GetSaaSy’s use and collection of personal information is governed by our Privacy Policy. Additionally, if you or your customers are located in Europe, GetSaaSy’s use and collection of European personal information is further governed by our Data Processing Addendum.

GetSaaSy LLC

2700 Post Oak Blvd,
Houston, TX 77056
United States