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Last updated: Mar 24, 2017

Please read these Terms carefully before using the Services. By accessing the Website or using the Services you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Services.

If you are using Everhour for an organization, you are agreeing on behalf of that organization.

Definitions

When we say, “we,” “our,” or “us,” we’re referring to Software by Demand, Inc., a United States Corporation, our employees, directors, officers, affiliates, and subsidiaries.

Software by Demand, Inc. is an authorized reseller of Everhour software developed by Weavora Consulting LLC

When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the Everhour Services.

When we say “Terms,” we mean our Terms of Service, which includes our Privacy Policy.

When we say “Websites,” we mean our websites located at everhour.com, including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.

When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up Everhour.

When we say “Everhour,” we mean our Websites and Services collectively.

When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.

When we say “Subscribers”, we mean our customers and their team members whom they invited into “Organization”.

General Rules

To use Everhour, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) promise to follow these rules:

  • You are responsible for all content you provide and your activities on Everhour;
  • You will use Everhour in compliance with all applicable laws, rules, and regulations;
  • You will not use Everhour to solicit the performance of any activity which infringes our rights or the rights of others; and
  • You will not use Everhour to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.

If you break any of your promises above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.

As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use Everhour. Your use of Everhour is at your own risk.

Intellectual Property

You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us.

We own Everhour and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of Everhour, our Services, or our content on Everhour without our written permission.

You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into Everhour or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.

Passwords and Accounts

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords.

You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.

Payment Terms

The free trial offer entitles new, registered users to a fourteen (14) days free trial of the Services.

Service fees are usually calculated on a per user per month basis, and charged monthly or yearly -- depending on the Service Plan and other particulars of the subscription. Customer shall ensure that sufficient funds are available on the relevant account and acknowledges that late payment may result in the suspension of Service or termination of the Agreement.

All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties.

Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the free trial period ends (14 days). The Services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account. Your account will automatically renew each month unless you change your subscription.

Annual Plan: Payment in advance is required to continue using the Services on an annual basis after the free trial period ends (14 days). The Services are billed in advance on a yearly basis. No refunds for partial use or the amount of time left in your subscription are offered unless otherwise explicitly agreed. Your account will automatically renew each year unless you change your subscription.

We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to Everhour blog, our social profiles or by email.

Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by emailing us at ask@everhour.com. You will not be charged after cancellation. There is no cancellation fee.

In the event of cancellation or termination your account will be disabled within the next 3 days, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.

We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.

Indemnification

You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of Everhour.

Representations and Warranties

To the maximum extent permitted by law, we provide Everhour on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that:

  • Everhour will meet your specific requirements,
  • Everhour will be uninterrupted, timely, secure, or error-free,
  • the results that may be obtained from the use of Everhour will be accurate or reliable,
  • the quality of any products, services, information, or other material purchased or obtained by you through Everhour will meet your expectations, and
  • any errors in Everhour will be corrected.

Limitation of Liability

To the fullest extent permitted by law, you assume full responsibility for and we disclaim liability to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages.

We disclaim any and all liability for the acts, omissions, and conduct of any third parties related to your use of Everhour and any linked sites and services. Your sole remedy against us for dissatisfaction with Everhour is to stop using Everhour. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action.

If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of Everhour, including all disputes, will be governed by the laws of the United States without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts in the United States and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorney's’ fees. In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Websites or Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Force Majeure

You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.

Severability

If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.

Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

No Waiver

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of Everhour, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).

Amendments and Changes to Everhour

We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance Everhour shall be subject to the Terms.

It is your responsibility to check the Terms periodically for changes. Your continued use of Everhour following the posting of changes will mean that you accept and agree to the changes.

We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to Everhour, or any portion of Everhour for any reason; (2) to modify or change Everhour, or any portion of Everhour, and any applicable policies or terms; and (3) to interrupt the operation of Everhour, or any portion of Everhour, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Questions

If you have any questions or concerns about the Terms, please email us at ask@everhour.com