Updated June 5th, 2023
Below are our Terms of Service, which outline a lot of legal goodies, but the bottom line is it's our aim to always be transparent and fair to all users of the platform.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.
BY USING THE SERVICE OR CLICKING “AGREE” CUSTOMER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF CUSTOMER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF ITS EMPLOYER, THEN CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON ITS EMPLOYER'S BEHALF.
This agreement is between Autonix (an openTEAM, LLC service), and the customer agreeing to these terms (Customer).
1. SOFTWARE-AS-A-SERVICE: This agreement provides Customer access to and usage of an Internet based software service as specified on an order and as further outlined at: autonix.io (Service).
2. USE OF SERVICE:
3. DISCLAIMER. AUTONIX DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WHILE AUTONIX TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, AUTONIX DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
4. PAYMENT: Customer must pay all fees as specified on the order, but if not specified then within 30 days of receipt of an invoice. Customer is responsible for the payment of all sales, use, withholding, VAT and other similar taxes. This agreement contemplates one or more orders for the Service, which orders are governed by the terms of this agreement.
Payment Methods And Gateway: The Customer shall carry out payment of the total amount set out in the Subscription Plan using one of the following payment methods: Credit Card (Visa, MasterCard, Diner's Club, Disover, American Express) or PayPal. All Credit Card payments are being processed by Stripe (for more information visit stripe.com.
5. MUTUAL CONFIDENTIALITY:
6. PROPRIETARY PROPERTY:
7. TERM AND TERMINATION:
8. LIMITATION OF LIABILITY:
9. INDEMNITY: If any third-party brings a claim against Autonix, or requires Autonix to respond to a legal process, related to Customer's acts, omissions, data or information within the Software, Customer must defend, indemnify and hold Autonix harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim or request.
10. GOVERNING LAW, ARBITRATION AND FORUM: This agreement is governed by the laws of the State of California (United States of America) (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement.
1. Arbitration: Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm, any dispute, controversy or claim arising out of or relating to this agreement, or the breach, termination or invalidity thereof, shall be settled by binding arbitration in accordance with the commercial arbitration rules, then in effect, of the American Arbitration Association (or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. The expenses of arbitration, including the fees and expenses of the arbitrator and the reasonable attorneys' fees of the prevailing party, shall be awarded by the arbitrator in its discretion.
2. Exclusive Venue: In the event that arbitration is not enforceable or applicable, any suit or legal proceeding arising out of or relating to this agreement must be exclusively brought in the federal or state courts for Orange County, California, and Customer submits to this personal jurisdiction and venue.
3. Attorneys' Fees: The prevailing party in any arbitration or litigation is entitled to recover its attorneys' fees and costs from the other party.
11. BINDING ARBITRATION: Any dispute or claim arising in any way from your use of the Autonix service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
Arbitration Rules and Forum: The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Notwithstanding the foregoing, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
12. SERVICE AVAILABILITY: Autonix aims to provide the Service available 24 hours a day, seven days a week. However, the Customer acknowledges and agrees that there may be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Autonix will take reasonable steps to minimize such disruption where it is within Autonix's reasonable control.
Scheduled Maintenance: Autonix reserves the right to conduct maintenance and upgrades to its Service. Where possible, Autonix will provide at least 48 hours advance notice of any scheduled maintenance that we anticipate could cause a disruption to the Service. This notice will be provided via email, in-app notifications, or posts on the Service.
Emergency Maintenance: Under certain circumstances, immediate emergency maintenance may be necessary. In such cases, Autonix may not be able to provide prior notice.
Disclaimers: Autonix shall not be liable to the Customer or any other person for any damages, direct or indirect, resulting from any Service interruption, whether scheduled or unscheduled.
Service Level Agreement (SLA): Any specific uptime commitments and potential remedies for failure to meet such commitments will be set forth separately in a Service Level Agreement (SLA) that would be attached as an addendum to this agreement.
13. OTHER TERMS:
15. CONTACT: Feel like getting in touch? Contact Autonix customer support or email us directly at email@example.com.
Not sure exactly what we're looking for or just want clarification? We'd be happy to chat with you and clear things up for you. Anytime!