1.1. The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with It Just Werks LLC, DBA EO Apps, located in Mount Dora, Florida (the "Company"), in association with the use of the Back Office Toolkit scripts and website, which includes http://www.backofficetoolkit.net (the "Site") and its Services, which shall be defined below.
2.1. The Back Office Toolkit service helps users by providing them a service which converts Third Party back office website content into clean structured data, which is then rendered on the page in a custom interface. This data is always kept 100% local to the user's web browser.
2.2. "Users" are considered anyone who activate and subsequently subcribe to the Service. The contents of this document do not apply to non-subscribers as they are prevented access to the Service until a subscription can be validated.
2.3. The user acknowledges and agrees that the Services provided and made available through our website, are the sole property of the Company. At its discretion, the Company may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. the Company does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that the Company shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.
2.4. Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such the Company shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user-provided content, communication or personalization settings.
3.1. Your User Content Stays Yours. Users of the Services may provide us with user-generated, non-proprietary content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content"). Your User Content stays yours. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.
3.2. Your Private Content Stays Local. The Services make use of private and confidential data as found in Third Party back office website. That content remains the sole property of the user and the Third Pary website. No data obtained from the Third Party back office website will be stored outside of the user's local web browser.
4.1. Third Party Services. The Services are integrated with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility.
5.1. Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; and (e) we may terminate, suspend or restrict access to your Account.
6.1. Fees. Access to the Back Office Toolkit is only granted to users with either an "Active" or "In Trial" subscription. If you do not maintain your subscription on time, we reserve the right to suspend or cancel your access to the Service. Our fees will appear on an invoice that we provide when subscribing, and on each monthly charge.
6.3. Refunds. While you may cancel any Paid Services at any time, you won't be issued a refund except in our sole discretion, or if legally required (such as for qualifying users in the EU).
6.4. Fee Changes. We may change our fees at any time. When applicable, we’ll give you advance notice of these fee changes via the Services. New fees will not apply retroactively. If you don't agree with the fee changes, you have the right to reject the change by cancelling the applicable Paid Service before your next payment date.
6.5. Chargebacks. If you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact Support before filing a Chargeback. We reserve our right to dispute any Chargeback.
7.1. This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may contact Support or simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms or our Acceptable Use Policy. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation Your Content, Our Intellectual Property, Warranty Disclaimers, Limitation Of Liability, Indemnification, Dispute Resolution and Additional Terms.
8.1. To the fullest extent permitted by law, the Company makes no warranties, either express or implied, about the Services. The Services are provided “as is.” the Company also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from the Company shall create any warranty. The Company makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
9.1. To the fullest extent permitted by law, in no event will the Company be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use the Services or any portion thereof, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to loss or corruption of any content or data, including without limitation User Content; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose. To the fullest extent permitted by law, in no event shall the aggregate liability of the Company for all claims arising out of or related to the Services and this Agreement exceed the amounts paid by you to the Company in the six (6) months immediately preceding the event that gave rise to such claim.
10.1. To the fullest extent permitted by law, you agree to indemnify and hold harmless the Company from and against all damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content; and (c) your violation of any law or regulation or the rights of any third party.
11.1. Entire Agreement. This Agreement constitutes the entire agreement between you and the Company regarding the subject matter of this Agreement, and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third party beneficiary rights.
11.2. Controlling Law. This Agreement and the Services shall be governed in all respects by the laws of the State of Florida, without regard to its conflict of law provisions.
11.3. Waiver, Severability And Assignment. Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
11.4. Modifications. We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.