Please read this Terms of Service (this “TOS”) carefully before using the software services of ExpressTech International, LLC, dba “Fishbowl” (collectively, together with its successors and assigns, “Fishbowl”). By using the Fishbowl software services (the “Services”), you are agreeing to be bound by the terms of this TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by you and Fishbowl. If you do not agree to the terms of this TOS, do not use the Services. If you do not agree to the terms of the License, do not register or subscribe for the Services.
The Services are being made available to you only pursuant and subject to the terms and conditions of the SLA, and Fishbowl reserves all rights not expressly granted to you under the TOS.
Fishbowl may modify the terms of the TOS in its sole discretion at any time without notice to you, and you agree to be bound by such modifications. Your continued use of the Services after any such modifications shall constitute your consent to such changed terms. Unless otherwise expressly stated, any updates, fixes, enhancements or new features added to or released in connection with the Services hereafter are subject to the TOS. The most current version of the TOS at any given time will be posted at: http://www.fishbowlcommerce.com/terms-of-service/.
Services and Certain Risks
The Services provided by Fishbowl Commerce consist generally of a software-as-a-service cloud-based employee management program. The Services are provided by Fishbowl on an “AS IS” and “AS AVAILABLE” basis. You may experience downtime in the availability of the Services for various reasons. You also understand that your information may be transferred unencrypted over the internet or other open or shared networks. Notwithstanding the above and other risks, you accept and agree that your use of the Services is at your sole risk.
You must be at least thirteen (13) years of age to use the Services. You must provide your current, accurate identification, contact and other information that may be required as part of the registration process and/or continued use of the Services. You are responsible for maintaining the confidentiality of your password and account with Fishbowl, and are responsible for all activities that occur thereunder. Fishbowl reserves the right to refuse service to anyone at any time without notice for any reason.
Monthly Terms: A valid credit card is required for you to continue using the Services after the 30-day free trial period on a month-to-month basis. The free trial offer entitles new, registered users to a one-time free trial usage of the Services. The Services are billed in advance on a monthly basis and such payment is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account.
Yearly Terms: The free trial offer entitles new, registered users to a one-time free trial usage of the Services. Payment is required to continue using the Services after the 30-day trial period. The Services are billed in advance on a yearly basis. Refunds for deleted accounts may be requested for unused months of the service between the date of account removal and the final service date noted on the invoice issued by Fishbowl.
All fees are exclusive of all taxes or duties imposed by any governmental or other taxing authorities. You alone are responsible for payment of all such taxes or duties.
Modification to Services and Fees
Fishbowl expressly reserves the right to modify, suspend or discontinue the Services, in whole or in part, at any time for any reason with or without notice. Fishbowl reserves the right to change the fees for the Services upon 30 days’ notice from us, which notice is deemed provided once posted by Fishbowl on its website http://www.fishbowlcommerce.com or via the Services itself.
Cancellation and/or Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the Manage tab and then Account Settings. The Subscription Settings page has a simple “Close account” button. An email or phone request to cancel your account is not considered cancellation. There will be no refund if you cancel the Services before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all files, information and/or other content you may have uploaded to Fishbowl will be immediately deleted from the Services upon cancellation. Fishbowl may at any time and for any reason terminate your access to the Services, terminate this TOS or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files, information and/or other content contained in your account although residual copies of information may remain in our system.
Intellectual Property Rights
You acknowledge that Fishbowl owns all right, title and interest in and to the Services, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify or create derivative works from the Services. Fishbowl claims no intellectual property rights over, nor any responsibility for, information or other content you provide to the Services.
Appropriate Uses and Limitations
You agree that you will use the Services only in compliance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, and you shall not authorize or knowingly allow anyone else to: (a) use the Services to upload, transmit or otherwise distribute any content that (1) is unlawful, defamatory, harassing, abusive, fraudulent or obscene, (2) contains viruses, or (3) is otherwise objectionable as reasonably determined by Fishbowl; (b) use the Services for any fraudulent or inappropriate purpose; (c) duplicate, reproduce, decompile, reverse engineer, disassemble or exploit any part of the Services without the express written permission of Fishbowl; (d) resell, rent, lease, lend, redistribute or sublicense the Services in whole or in part; or (e) use any spider, robot or other automated device or manual process to monitor or copy any content from the Services. Breach of any of the foregoing may result in immediate termination of your access to the Services, and may subject you to civil or criminal penalties and/or other legal consequences.
Limited Warranties; Limitations on Liability
Fishbowl does not warrant that (a) the Services will meet your requirements or expectations, (b) the Services will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (c) bugs or errors will be corrected, (d) the mathematical calculations performed by the Services are accurate. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that Fishbowl shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Fishbowl has been advised of the possibility of such damages), resulting from your usage of the Services. Without limiting the generality of the foregoing, you agree that in the event Fishbowl is ever held to be liable to you for any reason in connection with the Services, you agree that such liability shall be limited to the amount which you actually paid Fishbowl for the Services.
You agree to indemnify and hold harmless Fishbowl and each of its affiliates and each of their respective officers, directors, employees and agents from and against any third party claim arising from or in any way related to your use of the Services, including any and all liabilities, costs or expenses (including without limitation litigation costs and attorneys’ fees) arising from any claims, losses, damages (actual or consequential), suits or judgments of any kind or nature. In any such event, Fishbowl will notify you in writing of such claim, suit or action. You agree that Fishbowl’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
The TOS constitutes the entire agreement between you and Fishbowl and governs your use of the Service and supersedes any prior statements, representations, understandings or agreements between you and Fishbowl (including without limitation any prior versions of the TOS).
If you have any questions regarding this Software License Agreement or if you wish to discuss the terms and conditions contained herein please contact Fishbowl at firstname.lastname@example.org.