Terms and Conditions
Your guide to using Somezing.com
At Somezing.com, we're dedicated to making automation effortless. By using our platform, you agree to these terms and conditions.
Terms of Use
PLEASE READ THIS SERVICES AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY SOMEZING.COM INC. ("SOMEZING.COM"). BY CREATING A SOMEZING.COM ACCOUNT, YOU ("CUSTOMER") AGREE TO BE BOUND BY THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.
Access to the Services
Subject to Customer's compliance with the terms and conditions of this Agreement, somezing.com grants Customer a nonexclusive, limited, personal, non sublicensable, non transferable right and license to the Services for the internal business purposes of Customer, only as provided herein and only in accordance with the Documentation.
Service Updates
From time to time, somezing.com may provide Updates to its customers generally without additional charge, and such Updates will become part of the Services and subject to this Agreement; provided that somezing.com shall have no obligation under this Agreement or otherwise to provide any such Updates. Customer understands that somezing.com may make improvements and modifications to the Services at any time in its sole discretion; provided that somezing.com shall use commercially reasonable efforts to give Customer prior notice of any major changes.
Ownership; Feedback
As between the parties, somezing.com retains all right, title, and interest in and to the Services, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by somezing.com for the purposes of this Agreement, including any copies and derivative works of the foregoing. Any software which is distributed or otherwise provided to Customer hereunder shall be deemed a part of the Services and subject to all of the terms and conditions of this Agreement. No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement.
Customer Data
somezing.com will only access, use, and otherwise process Customer Data in accordance with the Data Processing Addendum and will not access, use, or process Customer Data for any other purpose. somezing.com has implemented and will maintain technical, organizational, and physical measures to protect Customer Data as described in the Data Processing Addendum. Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein.
Restrictions
Customer agrees to use the Services consistent with the Acceptable Use Policy. In addition, except as expressly set forth in this Agreement, Customer shall not (and shall not permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Services; or (iii) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof.
Third Party Integrations
Customer acknowledges and agrees that (i) the Services may operate on, with or using Third Party Integrations, (ii) the availability and operation of the Services or certain portions thereof may be dependent on somezing.com's ability to access such Third Party Integrations, and (iii) Customer's failure to provide adequate access or any retraction of permissions relating to such Third Party Integrations may result in a suspension or interruption of the Services.
Fees; Payment
Customer shall pay somezing.com fees as set forth during signup. Unless otherwise specified, the Term shall renew automatically unless changed or cancelled by Customer from within the Services. somezing.com may bill the payment method provided by Customer for renewals, changes to Customer plan, and unpaid fees, as applicable.
Term; Termination
This Agreement shall commence upon the date Customer accepts it, and expires when any subscription Terms have ended. In the event of a material breach of this Agreement by either party, the non-breaching party may terminate this Agreement by providing written notice to the breaching party, provided that the breaching party does not materially cure such breach within thirty (30) days of receipt of such notice.
Service Warranty
somezing.com warrants that the Services shall be provided in accordance with their Documentation under normal use. In the event of a breach of this warranty, somezing.com shall re-perform the Services as warranted; in the event somezing.com cannot do so within a commercially reasonable period, Customer may terminate this Agreement and request a prorated refund for the unused portion of the Term.
Disclaimer
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
Limitation of Liability
EXCEPT FOR CUSTOMER'S BREACH OF SECTION 5, IN NO EVENT SHALL EITHER PARTY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.
Free Services
somezing.com may provide access to Free Services; use of Free Services is subject to this Agreement and any additional terms specified by somezing.com.
Support
Subject to Customer's payment of all applicable fees, somezing.com will provide support and maintenance as indicated based on the plan Customer selects.
Changes to the Agreement
somezing.com may modify this Agreement and any terms incorporated by reference from time to time, by notifying Customer and posting the modified Agreement on its website. The modified Agreement will be effective thirty (30) days after notification or upon the next renewal term, whichever comes first.
Miscellaneous
This Agreement represents the entire agreement between Customer and somezing.com with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Customer and somezing.com with respect thereto. The Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Francisco, California.
Definitions
- Agreement means the somezing.com Services Agreement, as well as the DPA and Policies.
- Customer Data means any data, information or other material provided via the Services to somezing.com by or at the direction of Customer, including from Third Party Integrations.
- Documentation means somezing.com's usage guidelines and technical documentation for the applicable Service.
- Services means somezing.com's cloud-based services.
- Third Party Integrations means application programming interfaces (APIs) and/or other services operated or provided by third parties.
Last Updated: 23 May 2024
This page mirrors the public terms published at somezing.com/terms.html. If you need the full agreement text as displayed on that page, refer to the official site or contact [email protected].