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Terms Of Service
Last Updated: 25 Jun, 2019
By registering (signing up) to use UserGuiding you declare you are agreeing with the policies and terms set out below.
General Terms Of Use
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://userguiding.com/ website (the “Service”) owned and operated by YNOT PARTNERS, INC. (“UserGuiding”, “us”, “we”, or “our”). The Terms are a legal and binding agreement between we and you. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

UserGuiding reserves all rights to change or update these Terms at any time and at its sole discretion, by posting on its Website or by providing any other notice and your rights under these Terms will be subject to the most current version posted on the Website at the time of use.

If a user violates any of the terms outlined below, we reserve the right to terminate the Account without notice.
  • The Services are exclusively reserved for a professional use and are not available to minors under the age of 13.
  • You must provide a valid email address, along with any other information required by UserGuiding during the registration process.
  • You are responsible for maintaining the security of your account and password. UserGuiding will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you shall be subject to our Privacy Policy.
  • You may not use the UserGuiding Site for any illegal or unauthorized purpose. You must not, in the use of the UserGuiding Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
Services and Subscription
The Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal contacting our customer support team.

A valid credit card is required to process the payment for your Subscription. By submitting the payment information, you automatically authorize us to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, we will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

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 Services 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’ sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or is otherwise objectionable.
Termination and Cancellation
UserGuiding reserves the right to terminate any unpaid Accounts that do not have any activity for sixty (60) days. "Unpaid Accounts" is defined as any account that is not on a paid pricing plan, or that is past due on payment in excess of (60) days. UserGuiding, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms of Service.

You are solely responsible for properly canceling your Account. To do so, the account owner must send an email to [email protected] with "Account Cancellation" in the subject line. Any cancellation of your Account may 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 cancelled.

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.

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.
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 annual subscription plan fees to the UserGuiding Site, are subject to change.

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 to change these Terms at any time, and you agree (by virtue of your continued use of our Site) to be bound by any such changes. The then-current version of these Terms will supercede all earlier versions. Any new features that augment or enhance the current Site and Services, including the release of new tools and resources, will be subject to these Terms. If a user violates any of the terms outlined below, we reserve the right to terminate the Account without notice.

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.
Copyright and Content Ownership
We claim no intellectual property rights over the content submitted or created exclusively on 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.

Submitted Information and Content must not contain information or materials which are inappropriate, inaccurate, misleading, fraudulent or otherwise illegal. You will not use our services to upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit. UserGuiding shall be entitled to remove any of the Submitted Information and Content which UserGuiding believes to be inaccurate or inappropriate.

You shall be responsible and liable for Submitted Information and Content, and defend, hold harmless and indemnify UserGuiding and its affiliates from and against any damages which may result from the submission, display and/or use of any such Submitted Information and Content.

UserGuiding employees can log in to your UserGuiding account to check if interactive guides and hotspots are working properly or to make improvements by using Super Admin Login. UserGuiding never access and use your password to login to your account by using Super Admin Login.
Disclaimer
THE SOFTWARE AND ALL INFORMATION, MATERIALS AND WEBSITES ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. USERGUIDING EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You expressly agree that your use of the software is at your sole risk. The owners and creators of UserGuiding do not warrant that the software will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of the software, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the software. No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by the owners and creators of UserGuiding, employees, reseller or other representative or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of UserGuiding for any purpose or give rise to any liability of UserGuiding whatsoever, and you agree that you will not rely on any such statement, information or advice.

Where the owners and creators of UserGuiding are distributors, rather than publishers, of the Content supplied by third parties, the owners and creators of UserGuiding exercise no editorial control over such Content. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of UserGuiding or its content providers or licensors. Neither the owners nor creators of UserGuiding nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.

UserGuiding reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the software following the posting of any changes to this Agreement constitutes acceptance of those changes, may also, in the future, offer new services and/or features in the software (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Limitation Of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL USERGUIDING BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF USERGUIDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES USERGUIDING’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without giving effect to its conflict of law provisions or your actual state or country of residence.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
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