Terms of Service

Moraware Systemize, JobTracker and CounterGo Terms of Service

By using the CounterGo, Systemize, or JobTracker (“Service”), you are agreeing to be bound by the following Terms of Service (“TOS”).

If you are entering into this TOS on behalf of a company or other legal entity, “You” or “Your” refers to that entity. If you do not agree with these TOS, You must not accept these TOS and may not use the Service.

Moraware, Inc (referred to here as “Moraware”) may change this TOS from time to time without prior notice. If any change to this TOS is not acceptable to you, your only remedy is to stop accessing and using the Service.

General Conditions/ Access and Use of the Service.

Please don’t steal from us or use our service for illegal activities.

1.1 Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS; (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

1.2 Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Moraware. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Moraware, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

1.3 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that sharing login information is a security risk and may inadvertanly compromise your account. You may create separate logins for as many people as Your plan allows.

1.4 Moraware reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.

1.5 You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Moraware’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Moraware will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.

1.6 The failure of Moraware to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Moraware, even though it is electronic and is not physically signed by You and Moraware, and it governs Your use of the Service and takes the place of any prior agreements between You and Moraware.

Trademarks.

JobTracker, CounterGo, and Moraware’s various logos used or displayed on the Service are trademarks of Moraware and you may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Moraware products and services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.

Payment and Refunds.

We’ll do our best to keep you in the loop about payment changes. Even though they’re rare, it’s possible they’ll happen.

2.1 Payments. The Service is made available on a pay-as-you-go basis and is charged at the beginning of Your monthly subscription term.

2.2 Plan and Price Changes. If you choose to change Your plan number of users during Your subscription period, any incremental cost will be prorated over the remaining term of the subscription period and charged to Your account immediately. Subsequently, Your credit card will automatically be charged the adjusted rate on Your next billing cycle subsequent to the pro-rating billing. You will see a prorated charge in the current month, and Your new billing rate will be reflected on Your next monthly bill. Prices of all Moraware plans and Services are subject to change upon 30 days notice from us. Such notice may be provided at any time.

Cancellation and Termination.

Let us know if you want to cancel your service. It’s best to do it via email.

3.1 You are responsible for properly canceling Your account. The account owner (as defined in the sign-up procedure) can cancel the account at any time by emailing or calling us to request cancellation. The information in your JobTracker or CounterGo instance cannot be recovered once your account is cancelled. Your cancellation will take effect at the end of the current billing cycle and You will not be charged again.

3.2 Moraware reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of Your content in the Service, for any reason, including, if Moraware believes that You have violated these TOS. Moraware will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Moraware shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.

Everything below here is pure lawyer-talk. If you understand it, please let us know. 🙂

DISCLAIMER OF WARRANTIES.

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND MORAWARE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT MORAWARE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM MORAWARE OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

8 LIMITATION OF LIABILITY.

8.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL MORAWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, MORAWARE SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICE FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

8.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, MORAWARE’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Assignment.

Moraware may assign or transfer this TOS, in whole or in part, without restriction.

Export Compliance.

You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.

Governing Law.

These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to Your access to or use of the Service.