SegBay Software Terms of Service Print
Last updated: 27 October 2017
The products, services, and websites, including all sub-domains of the websites (the "Services") as provided to you by SegBay Software (the "Provider") are subject to the terms and conditions set forth below and any additional terms provided to you in the relevant Services that you purchase and/or use (the "Terms"). Your use of the Services constitutes your acceptance of and agreement to be bound by these Terms. If you disagree with any part of the Terms, you should not use the Services.
The Provider reserves the right to update and change the Terms without notice. Any new features added to adjust and enhance the Services will be subject to the Terms. If you continue to use the Services after the changes, this signifies that you accept the changes. Your account may be terminated if you violate any of the Terms.
Revisions to these Terms will be published on this page. Please review these Terms regularly as part of your use of the Services.
Description of the Services
The Services include a collection of different products, services, and websites (including their sub-domains) intended for your use in a number of different ways. For example, you may use the Provider's Asset Manager (stand-alone or cloud-based) products and services to assist you in taking and maintaining inventories of your physical assets for your personal use or for your business activities, use Budget Manager - envelope budgeting software - to help you get your personal or household finances under control, use one or more of the Provider's news Web and mobile applications to be kept informed of latest and breaking news, or simply use the Provider's expertise in other areas such as software development and consultancy services.
You acknowledge and agree that some of the Services may include sponsored links or advertisements. You also understand and agree that the Services may include communications from the Provider, including administrative messages and service announcements related to your use of the Services, from which you may not be able to opt out.
You understand and agree that any information or advice that you obtain through the Services may not be appropriate to your circumstance. The Services and the Provider do not provide any financial, tax, or legal advice. You should consult your accountant or other financial or legal experts before committing to or accepting any financial or legal obligations. You understand that the Services are provided "AS IS" and that the Provider assumes no responsiblity for or liability in connection to your use of any of the Services.
Using the Services
You are welcome to use any of the Services subject to these Terms, any additional terms, and other relevant policies made available to you within the Services. You are not permitted to misuse the Services. You may only access the Services using the tools, the interface and the instructions provided to you by the Provider. Do not interfere with any of the Services by any means.
Your use of the Services further constitutes that you agree to the following:
- You understand and agree that accessing and using some of the Services require a compatible Web-enabled device, which may require network connections, and therefore you are solely responsible for the maintenance of your device, network connections, and any associated software, including the application of updates and any payments of fees to your Internet serivce or mobile network provider.
- For some Services to function effectively, you understand and agree that you are responsible for keeping your registration and account information accurate and up-to-date.
- Your user account information is only for you to use. Sharing your user account information with anyone else or another entity is not permitted. You may create as many user accounts as allowed within the Services that you use.
- You may only use the Services for lawful purposes. Where content is provided by you in connection to your use of the Services, the Provider may remove the content without notice if the Provider believes that it is illigal, or that it violates any of the Provider's policies or the law (including, but not limited to, copyright and other intellectual property laws).
- When you supply the Provider with your feedback, suggestions, or ideas, you agree that the Provider may use these in any fashion without seeking your consent, for example in the modification of the Services, in any other products or services released now and in the future, or in advertising and marketing campaigns. You are granting the Provider an irrevocable, royalty-free, sub-licensable, perpetual, transferable, and worldwide licence to use the feedback, suggestions, or ideas that you give to the Provider.
- You represent and agree that you will not use any spider, robot, or other similar automated data-gathering programs or tools to access or monitor any part of the Services, unless you have the Provider's written permission.
Your User Account
Some Services require you to create an account before you can use them. When your user account is set up either by you or by your administrator, you are responsible for keeping your username and password safe and confidential. Always choose a very strong password and memorise it - do not write it down literally, and do not share your username and password with anyone. You are also responsible for the activities that occur on or through your account, whether or not you have personally carried out the activities, and whether or not you are the administrator. If you suspect that your account information has been compromised, you must quickly notify the Provider, and please change your password immediately using the change password facility provided to you within the Services that you use. The Provider cannot and will not be liable for any losses arising from unauthorised access to, or use of, your user account or you failing to comply with these confidentiality obligations.
You understand that where you use a Service that requires you to subscribe and you are given a free trial period, your free trial will end immediately after your successful ugrade to a paying plan, and you acknowledge that you will be charged the non-refundable subscription fees ("Fees") for your first period. You understand and agree that you will be providing your credit card information directly to a third-party company (for instance, PayPal or Google Wallet) to process your recurring payments for your subscription plan on behalf of the Provider and on your behalf. You accept that you will be charged the Fees on a monthly basis until you cancel your subscription through the payment service provider (for example, Google Wallet or PayPal) used for setting up the Fees within the Services that you use. Non-refundable Fees means there will be no refunds or credits for upgrading or downgrading, or for the unused days or months in the period for which you have signed up. The Fees will be inclusive of applicable taxes where required by the law.
Your Content within the Services
Where you use the Services that enable you to provide content, such content stays yours, meaning you own the intellectual property rights that you hold in that content. The content linked to your personal or company account for the Services that you use may include, but not limited to, information, data, text, photographs, graphics, documents, video clips, and other materials about individuals, personal property, business assets, or other aspects of your engagement with the Services (collectively, "Your Content"). You understand that you, and not the Provider, are solely responsible for all Your Content that is uploaded, emailed, transmitted, posted, or otherwise made available through the Services. The Provider does not pre-screen Your Content posted to the Services, but the Provider and the Provider's designees shall have the right, but not the obligation, in their sole discretion to remove or refuse any of Your Content uploaded, emailed, transmitted, posted, or otherwise made available through the Services.
You expressly acknowledge and agree that you will not use any of the Services to post any of Your Content:
- that is unlawful, abusive, harmful, defamatory, obscene, vulgar, libelous, pornographic, hateful, threathening, harassing, invasion of another person or entity's privacy, or racially, ethnically, or otherwise objectionable.
- that you do not have a right to make available under any law, including Your Content that infringes any third-party's copyright, trademark, patent, trade secrets, or other proprietary rights.
- that is confidential as part of your contractual obligations to any third-party person or entity (for example, if you are under an employment agreement or under a non-disclosure agreement with another person or entity).
- that contains software viruses, worms, or any other potentially damaging computer code, files, or programs.
When you upload, email, transmit, or post, or otherwise make Your Content available through the Services, you license such Your Content to the Provider solely for the purpose of providing, operating, improving, and promoting the Services, and to develop new Services. You are granting the Provider this limited licence to display Your Content, which may include your name, your photographs, and your company name and logo, on the Provider's websites, customer list, and in the Provider's marketing materials. You acknowlege and confirm that you are authorised to upload, email, transmit, post, or otherwise make available Your Content to the Provider to use for this purpose without any obligation of the Provider to you.
Intellectual Property Rights
You understand and agree that the Services and included software ("Software") are for your own personal use and internal business purposes only. You may not use any part of the Services, including the Software, as part of a managed service or on behalf of any third-party. You expressly understand and agree that you may not copy, modify, transmit, distribute, create derivative works from, exploit, sell, or lease any part of the Services which is not Your Content, or the Software included in the Services, nor may you reverse-engineer, decompile, or attempt to obtain the source code, in whole or in part, of the Software, for any purpose without a written permission from the Provider or the respective third-party owner. You understand and agree that the Provider and the relevant third-party reserve all intellectual property rights they hold in the content they own within the Services. Unless explicitly stated otherwise, all the Provider's data, information, text, images, photographs, logos, sounds, video clips, designs, icons, processes, procedures, software, algorithms, and other technical artifacts and materials, displayed or used for the operation and provision of the Services are exclusively copyrights, trademarks, trade secrets, and other propietary content owned or lisensed by the Provider.
Changes to Fees and Pricing
The Provider reserves the right to determine, revise or remove prices (in whole or in part) at any time for the Services that you use. Reasonable efforts will be made to inform you about the price changes that apply to you. You can stop using the Services and cancel your existing subscription plan (where applicable) at any time. You acknowledge and agree that the Provider may suspend or terminate your use of the Services where applicable Fees (including taxes) have not been paid.
Modifying and Terminating the Services
The Provider reserves the right at any time, from time to time, and for any reason to add to or remove features from the Services (or any part thereof), and/or modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) altogether. You understand and agree that the Provider will not be liable to you or any third-party for modifying, suspending, or terminating the Services (or any part thereof), or changing prices of the Services (or any part thereof).
Warranties and Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT THE PROVIDER DOES NOT MAKE ANY SPECIFIC WARRANTIES ABOUT THE SERVICES OR THE SOFTWARE INCLUDED, NOR DOES THE PROVIDER PROMISE THAT THE SERVICES OR THE SOFTWARE INCLUDED WILL BE AVAILABLE, UNINTERRUPTED, SECURE, TIMELY, MEET YOUR SPECIFIC NEEDS, OR ERROR-FREE. THE PROVIDER AND THE PROVIDER'S AGENTS AND PARTNERS MAKE NO WARRANTY THAT ANY ERRORS IN THE SOFTWARE WILL BE RECTIFIED, OR THAT THE SERVICES OR SOFTWARE AND THE SERVERS HOSTING THEM WILL BE FREE OF WORMS, VIRUSES, OR OTHER HARMFUL COMPUTER CODE, FILES, OR PROGRAMS, OR THAT THE QUALITY OF THE CONTENT (CREATED BY USERS OR NOT), INFORMATION OR ANY MATERIAL OBTAINED THROUGH THE SERVICES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROVIDER AND THE PROVIDER'S AGENTS AND PARTNERS DO NOT WARRANT THAT THE INFORMATION OR ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOU OR ANOTHER PERSON OR ENTITY THROUGH ACCESSING AND USING THE SERVICES OR SOFTWARE IS ACCURATE, UP-TO-DATE, RELIABLE, AND COMPLETE. YOU USE SUCH INFORMATION OR MATERIAL AT YOUR OWN RISK AND DISCRETION, AND YOU ARE SOLELY RESPONSIBLE FOR AND WAIVE ALL CLAIMS AND CAUSES OF ACTION REGARDING ANY DAMAGE TO YOUR DEVICE, NETWORK, OR TELECOMMUNICATIONS EQUIPMENT, OR LOSS OF DATA RESULTING FROM YOU DOWNLOADING OR OTHERWISE OBTAINING SUCH INFORMATION OR MATERIAL.
THE PROVIDER'S SERVICES AND SOFTWARE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE EXTENT PERMIITED BY LAW, THE PROVIDER AND THE PROVIDER'S AGENTS AND PARTNERS EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Liability for the Services
THE PROVIDER AND THE PROVIDER'S AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES SHALL NOT BE LIBALE TO YOU OR ANOTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER SIMILAR LOSSES (WHETHER OR NOT THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AS A RESULT OF (I) YOUR USE OR YOUR INABILITY TO USE THE SERVICES; (II) UNAUTHORISED ACCESS TO ANY PART OF THE SERVICES OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA; (III) INACCURACIES OR DEFECTS IN THE CONTENT, SOFTWARE, INFORMATION, DATA, OR ANY OTHER MATERIAL DOWNLOADED, VIEWED, ACCESSED, OR OTHERWISE OBTAINED THROUGH THE SERVICES; OR (IV) LOSSES THAT YOU INCURRED FROM DAMAGE TO YOUR DEVICE, NETWORK, OR TELECOMMUNICATIONS EQUIPMENT REALISED BY ANY COMPUTER MALWARE DURING YOUR ACCESS OR USE OF ANY PART OF THE SERVICES OR ANY THIRD-PARTY WEBSITE LINKED TO OR FROM ANY PART OF THE SERVICES.
TO THE EXTENT PERMITTED BY LAW, THE PROVIDER'S TOTAL LIABILITY, AND THAT OF THE PROVIDER'S AGENTS, PARTNERS, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, SHALL IN ALL CIRCUMSTANCES BE LIMITED TO SUBSCRIPTION FEES FOR ONE MONTH OR THE AMOUNT YOU HAVE PAID FOR A PRODUCT OUTSIDE OF A SUBSCRIPTION PLAN, WHICHEVER ONE APPLIES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
You understand and agree that you and any business through which you use the Services will hold harmless, defend and indemnify the Provider and the Provider's agents, partners, licensors, service providers, and affiliates, and their past and present directors, officers, employees, and representatives, from and against all claims, actions, suits, demands, damages, obligations, losses, settlements, judgements, costs and expenses (including without limitation reasonable attorney's fees and costs) which in any way arise out of, relate to or result from your use of the Services or violation of these Terms, including any warranty you provide herein.
Governing Law and Enforceability
Your use of the Services and any disputes arising out of or relating to such use or these Terms are subject to the laws of Country of England, United Kingdom. You and the Provider agree to litigate all claims arising out of or relating to these Terms or the Services exclusively in the courts of England, United Kingdom. In the event that any of the provisions of these Terms are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable.
Getting in touch
For questions or queries relating to these Terms, please contact us at info [at] segbaysoftware.com