These Terms of Service are a contract between you and SaySoftware (referred to in these Terms of Service as "SAYSW", "us", "we" or "our"), the provider of the SAYSW.COM website and the services accessible from the SAYSW website (which are collectively referred to in these Terms of Service as the "SAYSW Service").

You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the SAYSW Service. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

Your Account

  • Eligibility. Your account must be registered by a human. Accounts registered by "bots" or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
  • Registration Information. You must provide a valid permanent email address, along with any other information required by SAYSW during the registration process. One person or legal entity may not maintain more than one free account.
  • Password. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our Privacy Policy.
  • Acceptable Use. To keep the SAYSW Service running safely and smoothly, we need our users to agree not to misuse them. Specifically, you agree not to:
    • probe, scan, or test the vulnerability of any system or network used with the SAYSW Service;
    • tamper with, reverse engineer or hack the SAYSW Service, circumvent any security or authentication measures of the SAYSW Service or attempt to gain unauthorized access to the SAYSW Service (or any portion thereof) or related systems, networks or data;
    • modify or disable the SAYSW Service or use the SAYSW Service in any manner that interferes with or disrupts the integrity or performance of the SAYSW Service or related systems, network or data;
    • access or search the SAYSW Service by any means other than our publicly supported interfaces, or copy, distribute, or disclose any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
    • overwhelm or attempt to overwhelm our infrastructure by imposing an unreasonably large load on the SAYSW Service that consume extraordinary resources, such as by: (i) using "robots," "spiders," "offline readers" or other automated systems to send more request messages to our servers than a human could reasonably send in the same period of time using a normal browser; or (ii) going far beyond the use parameters for any given Service as described in its corresponding documentation;
    • solicit any users of our SAYSW Service for commercial purposes;
    • use the SAYSW Service to generate or send unsolicited communications, advertising or spam, including without limitation any activities that violate the Telephone Consumer Protection Act of 1991, CAN-SPAM Act of 2003 or any other anti-spam laws and regulations, or otherwise cause SAYSW to become impaired in its ability to send communications on its own or on its customers’ behalf (e.g., by causing SAYSW to become registered on any Email DNS blacklist or otherwise be denied services by any other third party communications service provider);
    • misrepresent yourself or disguise the origin of any data, content or other information you submit (including by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with SAYSW or any third party) or access the SAYSW Service via another user’s account without their permission;
    • use the SAYSW Service for any illegal purpose or in violation of any laws (including without limitation data, privacy and export control laws);
    • use the SAYSW Service to violate the privacy of others, or to collect or gather other users’ personal information (including account information) from our SAYSW Service;
    • use the SAYSW Service to stalk, harass, bully or post threats of violence against others;
    • submit (or post, upload, share or otherwise provide) data, content or other information that (i) infringes SAYSW's or a third party’s intellectual property, privacy or other rights or that you don’t have the right to submit (including confidential or personal information you are not authorized to disclose); (ii) that is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic, indecent, harassing, hateful, religiously, racially or ethnically offensive, that encourages illegal or tortious conduct or that is otherwise inappropriate in SAYSW's discretion; (iii) contains viruses, bots, worms, scripting exploits or other similar materials; or (iv) that could otherwise cause damage to SAYSW or any third party;
    • promote or advertise products or services other than your own without appropriate authorization;
    • use meta tags or any other "hidden text" including SAYSW's or our suppliers’ product names or trademarks; or
    • permit or encourage anyone else to commit any of the actions above.

Payment, Refunds, Upgrading and Downgrading

A valid payment account (e.g. credit card, paypal, SEPA) is required for paying accounts unless your company subscribes to one of our "Enterprise" plans, in which case payment via Purchase Order is acceptable. Free accounts are not required to provide a credit card number.

The SAYSW Service is billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account, except in the case of our 30-day money back guarantee (see below). In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only SAYSW's income taxes. You agree to pay for any taxes that might be applicable to your use of the SAYSW Service or payments made by you in connection with your use of the SAYSW Service.

30-day money back guarantee

If for any reason, you are unhappy with your SAYSW purchase, we do offer a 30-day money back guarantee. If you decide not to use SAYSW in your business within 30 days from your first payment, you may request a full refund. This applies to both annual and monthly subscriptions.

Violation of these Terms of Service

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that SAYSW has no obligation to prescreen or monitor your access to or use of the SAYSW Service or any information, materials or other content provided or made available through the SAYSW Service, but has the right to do so. You hereby agree that SAYSW may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from the "Profile" page. The Account Owner, and in some cases Administrators with permission, are the only Users with access to this page.

Any cancellation of your account will result in the deactivation or deletion of your account, and the permanent removal of all content in your account. Cancelled accounts cannot be recovered or restored from SAYSW. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.

Termination

SAYSW reserves the right to terminate any free accounts that do not have any activity (logins or end-user signups) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.

SAYSW, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

Modifications to the SAYSW Site and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SAYSW Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.

Prices of all SAYSW Service plans are subject to change. If SAYSW does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least six (6) months notice via email.

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

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the SAYSW Service. Your continued use of the SAYSW Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current SAYSW Service, including the release of new tools and resources, will be subject to these Terms of Service.

Intellectual Property and Content Ownership

We claim no ownership rights over the content submitted or created exclusively by you in your SAYSW Service account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the SAYSW Service to you.

Similarly, any reporting data we collect from your use of the SAYSW Service remains yours. By using the SAYSW Service you agree that we can use this data to provide the SAYSW Service to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to otherwise use it to provide the SAYSW Service.

The contents of the SAYSW Service are copyrighted under the United States copyright laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the SAYSW Service.

Account Access

In some cases, it is necessary for SAYSW employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing SAYSW employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

Indemnification

You agree to indemnify and hold SAYSW, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SAYSW Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Disclaimer

The SAYSW Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. SAYSW is a distributor and not a publisher of the content supplied by third parties; as such, SAYSW exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the SAYSW Service. Without limiting the foregoing, SAYSW specifically disclaims all warranties and representations in any content transmitted on or in connection with the SAYSW Service or on sites that may appear as links on the SAYSW Service, or in the products provided as a part of, or otherwise in connection with, the SAYSW Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by SAYSW or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, SAYSW does not warrant that the SAYSW Service will be uninterrupted, uncorrupted, timely, or error-free.

Limitation of Liability

SAYSW will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the SAYSW Service, whether or not SAYSW is advised of the possibility of such damages. You acknowledge and agree that SAYSW's maximum liability to you will not exceed the amount you have paid SAYSW in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the SAYSW Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Jurisdiction and Venue

These Terms of Service and any controversy, claim or dispute arising under or related to these Terms of Service will be construed, pursued and resolved in accordance with and will be governed by the laws of Florida, USA without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of Florida and the federal courts situated in Florida in connection with any action or dispute arising between the parties under or in connection with these Terms of Service.

Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of SAYSW. SAYSW will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. SAYSW operates and controls the SAYSW Service from Florida, USA. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the SAYSW Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service (which include and incorporate the SAYSW Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and SAYSW concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.