Welcome to this Terms of Service ("Terms") of 8OA Inc. and/or 8OA Inc.'s affiliates and/or 8OA Inc.'s subsidiaries (collectively "we", "us", "our", or "the company"). These Terms of Service ("Terms") govern your ("the customer") access to and use of our website, software, applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and Privacy Policies and any binding policies that herein mentioned, inferred or not mentioned. If you do not agree to these Terms and Privacy Policies and any binding policies, do not use our Services.
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement.
To access certain features of our Services, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep your account information up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
You agree NOT to: Use our Services for any illegal purpose or in violation of any local, state, national, or international law. Engage in any activity that could harm or disrupt our Services or the servers and networks that support our Services. Upload, post, or transmit any content that is unlawful, defamatory, obscene, or otherwise objectionable.
All content and materials available through our Services, including but not limited to cloud products, software, text, graphics, logos, and images, are the property of 8OA Inc. or its licensors and are protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works based on our content without our prior written permission.
We reserve the right to terminate or suspend your access to our Services at any time, with or without notice, for any reason, including but not limited to a violation of these Terms.
Our Services are provided "as is" and "as available" without any warranties of any kind, either express or implied. We do not warrant that our Services will be uninterrupted, error-free, or free of viruses or other harmful components.
In no event shall 8OA Inc. and/or its affiliates and/or its subsidiearies be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Services.
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of our Services after any such changes constitutes your acceptance of the new Terms.
The day on which the service is performed is considered the day the service's invoice is created. This invoice signifies the completion or finishing of the service provided.
Service date range is the time span in when the most or total agreed services are provided. If the customer indicates that they will pay for the service that spans a given amount of time (such as week(s), month(s), or year(s)) after most of the service has been provided in the time span, the invoice will contain the time span the most of the service provided (as 'Service date range' or as its any translation in another language) in description. However, the service is still considered performed and completed on the day of the service's invoice date. This scenario is considered as a late payment.
Late payments are generally defined as payments that are not received by the due date specified on the invoice. This includes any delay in payment for services that have already been performed mostly and invoiced. Any scenarios that are considered as late payments in this Terms are late payments.
Under no circumstances is the company liable for any direct or indirect accusations, claims, or consequences arising from late payments. This includes, but is not limited to, any issues related to the invoices of late payments, additional charges, or the impact on the customer’s financial standing or business operations.
Under no circumstances is the company liable for any direct or indirect accusations from any party regarding the reasons and consequences of late payments and related matters, including but not limited to the invoices of late payments. The customer is solely responsible for ensuring timely payment to avoid any disruptions or additional charges or penalties.
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable, generally until 15th of any month that the Service is given at or until 15th of any month following the month that the Service was given. If any other dates are specified for your account through Reasonable Efforts, the same applies for these due dates. The invoice dates and invoice due dates do not necessarily indicate the time a fee or charge is due and payable. 'The time a fee or charge is due and payable' can be before or after the invoice dates and invoice due dates and is notified through Reasonable Efforts. If you have any questions about billing or charges, please contact our customer support.
If you believe you have been billed incorrectly or have a dispute regarding any charges, you must contact us in writing within 30 days of the date of the disputed charge. You should provide all relevant information regarding the nature of your dispute, including: The date and amount of the disputed charge. A detailed description of the issue. Any supporting documentation or evidence.
Upon receiving your dispute notification, we will review your case and may request additional information or documentation from you to assist in the resolution process. We will endeavor to resolve the dispute within 30 days of receiving your notification and all requested information.
After completing our review, we will notify you of the outcome of your dispute: If the dispute is resolved in your favor, we will credit your account or provide a refund for the disputed amount. If the dispute is not resolved in your favor, we will provide a detailed explanation of our findings and the reasons for our decision.
During the dispute resolution process, we will not suspend or terminate your access to the Services solely due to the disputed charge, provided you continue to make payments for any undisputed charges.
If you fail to pay any fees or charges related to our cloud-based products and their or other software maintenance, we reserve the right to temporarily suspend some or all of your cloud services. This suspension may occur due to upcoming payment charges incurred from cloud resource usage. We will make reasonable efforts to notify you of any impending suspension due to non-payment, using available communication channels such as phone calls, emails, or written notices.
We are committed to maintaining a good-faith relationship with our customers. Prior to suspending your cloud-based services, we will attempt to contact you in advance to resolve the payment issue. Our communication will include: A notification of the overdue payment and the potential for service suspension. Instructions on how to resolve the outstanding payment to avoid suspension. Contact information for our billing department or customer support team to assist with any questions or concerns.
We define "reasonable efforts" to notify you of impending suspension due to non-payment as follows: One successful phone call or two phone call attempts, which could be spaced days apart. If phone calls are not answered, temporarily suspending some cloud features is in our sole discretion until a successful communication takes place either by one of these reasonable efforts. Online or face-to-face business meeting(s). One email sent to the primary email address associated with your account, detailing the overdue payment and the potential for service suspension. One written notice sent to your registered mailing address, if applicable, explaining the overdue payment and the potential for service suspension.
Upon receipt of the overdue payment, we will promptly reinstate your access to the cloud-based services. If you have any issues or require assistance in reinstating your services, please contact our customer support team.
If you have any questions about these Terms, please contact our customer support team.