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TERMS OF SERVICE


UserGuiding is owned and operated by YNOT PARTNERS, INC.

These Terms of Service are a contract between you and YNOT PARTNERS, INC. ("UserGuiding," “we,” or “us”). “Services” offered by UserGuiding are inclusive of the Site (www.userguiding.com), as well at the related services made available by UserGuiding. Your use of UserGuiding’s Services are subject to these Terms of Use (these “Terms”). If a user violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services.

Your Account

Payments, Refunds, Upgrading and Downgrading

Unless otherwise arranged with a UserGuiding representative, a valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. The UserGuiding Service is billed in advance in accordance with our pricing schedule and all monthly and annual payments are nonrefundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for service periods unused with an open account. 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 shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. You agree to pay for any such taxes that might be applicable to your use of the UserGuiding Site and payments made by you herein.

Violation of these Terms of Service

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

Cancellation

You can cancel the account from your account page. There are no other means of canceling your account. Once you cancel your account you will lose access to all of your content, and UserGuiding preserves the right to delete all such content in the normal course of operation. This content cannot be recovered once your account is cancelled.

Cancellations will take effect at the end of your current service period. Upon the commencement of a new service period, the UserGuiding Site will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period.

Termination

UserGuiding reserves the right to terminate any free Accounts that do not have any activity for sixty (60) days or trial accounts without a payment method thirty (30) days after expiration. UserGuiding, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service. UserGuiding may refuse to provide you any current or future use of the UserGuiding Site, or any other UserGuiding service. Any termination of your Account will result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from UserGuiding once your Account is terminated; however UserGuiding may for a time retain residual information in our backup and/or archival copies of our database.

Modifications to the UserGuiding Site and Prices

UserGuiding reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the UserGuiding Site (or any part thereof) with or without notice.

Prices of all UserGuiding plans, including but not limited to monthly and yearly subscription plan fees to the UserGuiding Site, are subject to change. UserGuiding’s Services will be charged in advance from the date of signup. In the event of a plan upgrade, the new rate of pricing will be prorated for the current billing cycle, and the subsequent month is charged at the then-current pricing tier. You must cancel your use of the Services prior to the next month in order to avoid additional fees, otherwise the pricing tiers will automatically renew each month.

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

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 UserGuiding Service. Your continued use of the UserGuiding 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 UserGuiding Service, including the release of new tools and resources, will be subject to these Terms of Service.

Copyright and Content Ownership

We claim no intellectual property rights over the content submitted or created exclusively in your UserGuiding account. Any content that is yours remains yours.

These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.

The look and feel of the UserGuiding Site is © 2018 YNOT PARTNERS, Inc. all rights reserved. You may not duplicate, copy, or reuse any portion of the code or visual design elements without express written permission.

Indemnification

You agree to indemnify and hold UserGuiding, 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 Services, use of your account by any third party, the violation of the terms of use by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL USERGUIDING OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM OR RELATE TO THE SERVICES, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH USERGUIDING, EVEN IF USERGUIDING OR AN USERGUIDING AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL USERGUIDING’ OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE OR SERVICES EXCEED EITHER THE AMOUNT OF FEES PAID BY YOU TO USERGUIDING FOR THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENTS THAT GIVE RISE TO THE APPLICABLE CLAIM OR FIFTY U.S. DOLLARS, WHICHEVER IS GREATER.

Disclaimer

THE SERVICES, USERGUIDING SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. USERGUIDING IS A DISTRIBUTOR AND NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES; AS SUCH, USERGUIDING 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 SITE. WITHOUT LIMITING THE FOREGOING, USERGUIDING SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR THE SERVICES, 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 USERGUIDING NOR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THE LIKE SHALL CREATE A WARRANTY. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Publicity

You grant UserGuiding the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications, subject to your standard trademark usage guidelines as provided to us from time-to-time. If you don’t want to be listed, you may send an email to [email protected] declining to be used as a reference.

Jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of UserGuiding.