Skytech, LLC Terms of Service
1. Description of Provided Services
Skytech, LLC currently provides You with the online Office Management application NatCharts, which is an online application providing Appointment Booking, Employee Scheduling, Client Management, Custom Forms, Task Management and services. Unless explicitly stated otherwise, any new features that augment or enhance, or modifications to the current NatCharts, or any service or hosted application offered or operated by Skytech, LLC, shall be subject to these Terms of Service.
2. Your Obligations
You are responsible for all activity occurring under Your account(s), user name(s), password(s),or assigned to You, or provided by You to anyone else, which You shall maintain as confidential and not disclose except to permit the use of NatCharts in accordance with this Agreement. You shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with Your use of NatCharts, and You shall not use NatCharts (as that term is defined below) to (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send, store or post infringing, obscene, indecent, vulgar, pornographic, profane, threatening, libelous, defamatory, abusive or otherwise unlawful or tortuous material, including any material harmful to children or violative of third party privacy or publicity right; (iii) upload, post, reproduce, transmit or distribute any information, software or other material that violates or infringes the rights of others, including material that is protected by copyright, trademark or other intellectual property or proprietary right, as well as the rights of publicity and privacy, without first obtaining the permission of the owner of such rights or (iv) send, post or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents, components or programs; and You shall not (i) interfere with or disrupt the integrity or performance of the Site, NatCharts or data contained therein; or (ii) attempt to gain unauthorized access to the Site or NatCharts or assist others in gaining such unauthorized access. You shall: (i) notify Skytech, LLC immediately of any unauthorized use, theft or loss of any password or account or the Site or NatCharts or any other known or suspected breach of security; (ii) report to Skytech, LLC immediately and use reasonable efforts to stop immediately any copying or distribution of NatCharts that is known or suspected by You or Your Company; and (iii) not provide false identity information to gain access to, or use of NatCharts.
3. License Grant and Restrictions
4. Skytech, LLC’s Intellectual Property Ownership and Proprietary Rights
Skytech, LLC owns all right, title and interest in and to the Site and NatCharts, and any part thereof, including all intellectual property rights therein, such as rights for unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, moral rights, trade secret rights, and all other intellectual property rights and forms of protection of a similar nature anywhere in the world. You acknowledge and agree that the Site and NatCharts contain proprietary and confidential information, and valuable trade secrets of Skytech, LLC, that are protected by applicable intellectual property and other laws. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Site or NatCharts, or to any intellectual property rights therein.
"Skytech, LLC," "NatCharts," and other Skytech, LLC trademarks, service marks, logos and product and service names found on the Site or used in, and in connection with, NatCharts, are marks of, and owned by Skytech, LLC ("Skytech LLC’s Marks"). You agree not to display or use Skytech LLC’s marks in any manner without Skytech LLC’s express prior written permission.
6. Customer Data
Skytech, LLC does not own any data, information or material that You submit to NatCharts in the course of Your use of NatCharts ("Customer Data"). You, not Skytech, LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Skytech, LLC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event You terminate this Agreement, and/or cancel NatCharts, online, and are not then in breach of this Agreement, Skytech, LLC will afford You an opportunity prior to the effective date of such termination or cancellation, to download any Customer Data then posted on the Site. Upon the effective date of such termination or cancellation by You, Your right to access or use Customer Data immediately ceases and Skytech, LLC thereafter may delete, erase, and/or destroy all copies of such Customer Data from its Site or NatCharts or anywhere else. Skytech, LLC reserves the right to withhold, erase, delete, destroy and/or discard Customer Data without notice, for any breach of these Terms of Service, including without limitation Your non-payment or upon its termination for cause. Upon termination for cause, Your right to access or use Customer Data immediately ceases, and Skytech, LLC shall have no obligation to store, maintain or forward any Customer Data. In the event this Agreement is terminated by Skytech, LLC other than for Your breach thereof, Skytech, LLC will make any Customer Data then posted on NatCharts available for a period ending thirty days from the date of such termination for Your download, and thereafter may delete, erase and/or destroy all copies of such Customer Data from NatCharts, or anywhere else.
For the purpose of this paragraph, the date of such termination will be the earlier of the date on which this Agreement is terminated, or the date of termination specified in any notice provided to You by Skytech, LLC. Skytech, LLC may use and access Customer Data to help resolve or diagnose technical problems or support issues, administer or manage NatCharts, find improvements or better NatCharts, train employees, provide a higher level of customer support, ensure or check compliance with these Terms of Service and applicable law, or pursuant to or as required by law or at the request of the government or law enforcement, or pursuant to Your direction. Skytech, LLC may provide access to, or send or transmit copies of the Customer Data to, third parties pursuant to Your request, or at Your direction.
7. Charges and Payment of Fees
You agree to pay all fees Skytech, LLC charges You for Your use of NatCharts. Only person(s) or entities identified as the "Account Holder" or "Card Holder" in the Plan and/or Billing Info sections of NatCharts, and the individual(s) that completed the online registration for Your account, and/or that is identified as an account's Administrator(s), will be charged or billed for fees for Your use of NatCharts. You may use NatCharts for free for sixty days after the date ("Registration Date") on which You first register to use NatCharts. Commencing on the date You enter Your billing information, Skytech, LLC will charge You for Your use of NatCharts based on the services (Appointment Booking, Employee Scheduling and Task Management, Client Management, Custom Forms and others) you signed up for during your registration or thereafter plus any additional fees resulting from your use of Appointment Text Message Reminders feature as outlined in the pricing section of the site.
Skytech, LLC charges and collects in advance of Your use of NatCharts on a thirty day cycle. Such fees are due and fully earned on the first day of the Term (as that phrase is defined below) for which they are charged, provided this Agreement has not previously been terminated or cancelled in accordance with its terms. No refunds will be provided, or be due You, should You terminate or cancel this Agreement during a Term, for the fees charged or collected for the remaining portion of said Term.
Skytech, LLC will NOT modify or increase its Fees or introduce new charges to existing members for as long as they're actively using NatCharts. If, after You register to use NatCharts, You elect to use a different NatCharts Services, the fees You will be charged by Skytech, LLC for Your use of NatCharts thereafter will be modified in accordance with the posted rate(s) for the new Plan You have selected. The new rates and fees will be charged and due commencing on the first day of the Term following the Term in which You make Your election.
Skytech LLC’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies or duties, excluding only United States (federal or state) taxes based solely on Skytech LLC’s income.
In accordance with Paragraph 8 above, Skytech, LLC will, and You hereby authorize Skytech, LLC to, automatically bill Your credit card every thirty days for fees due for Your access to NatCharts for the ensuing thirty (30) days. You agree to provide Skytech, LLC with complete and accurate credit card, billing, contact and Account information. This information includes a valid credit card account number, the security number for said account, the credit card's expiration date, the identity of the credit card account holder, the type of card, and card holder's billing address, Your name, Your company name, street address, email address, name and telephone number of an authorized billing contact and administrator of these Terms of Service. You agree to update this information within thirty (30) days of any change to it. If the contact or credit card information You provide is false or fraudulent, Skytech, LLC reserves the right to terminate Your access to NatCharts in addition to any other legal remedies. If You believe or have been improperly charged by Skytech, LLC, for any services or otherwise, You must give Skytech, LLC notice in writing within sixty (60) days of the date such charges are posted to Your credit card of your objection or claim to be eligible to receive an adjustment or credit, or assert any claim or cause of action with respect thereto, or be forever barred.
9. Non-Payment and Suspension
In addition to any other rights granted to Skytech, LLC herein, Skytech, LLC reserves the right to suspend or terminate this Agreement and Your access to NatCharts if Your account becomes delinquent (falls into arrears). Delinquent fees and charges are subject to interest of 1% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all actual expenses of collection, including attorney's fees. You will continue to be charged for use of NatCharts during any period of suspension.
10. Term and Termination
This Agreement commences on the earlier of the date You register or commence use of NatCharts. The Initial Term of this Agreement shall be for a period of sixty (60) days. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms ("Term" or "Terms") for thirty (30) days at Skytech, LLC’s then current fees as posted on NatCharts. Skytech, LLC may terminate this Agreement at any time, effective immediately, for any reason in Skytech, LLC’s sole discretion. During the first thirty days after Your Registration Date, You may terminate or cancel this Agreement at any time effective immediately, by notifying Skytech, LLC on the Site in the manner and as directed in the "Services Info" section of NatCharts. Thereafter, You may terminate or cancel this Agreement, effective upon the expiration of the then current Term, by notifying Skytech, LLC on the Site, in the manner and as directed in the "Plan Info" section of NatCharts, at least five (5) business days prior to the billing date for the following Term.
The restrictions and obligations contained in Paragraphs 3, 4, 5, 6, 9, 12, 13, 4, 16 and 18 shall survive the expiration, termination or cancellation of this Agreement, and shall continue to bind You, Your successors, heirs and assigns. Skytech, LLC, in its sole discretion, may immediately terminate Your password, account or use of NatCharts, or this Agreement, if You breach or otherwise fail to comply with these Terms of Service. Such termination of this Agreement shall be effective immediately upon Skytech, LLC’s transmission of a notice of termination. Any breach of Your payment obligations or unauthorized use of NatCharts will be deemed a material breach of this Agreement. You agree and acknowledge that Skytech, LLC has no obligation to retain Customer Data, and may delete and erase such Customer Data, if You have materially breached this Agreement.
11. Modifications to NatCharts
Skytech, LLC reserves the right at any time and from time to time to modify, temporarily or permanently, NatCharts. You agree that Skytech, LLC shall not be liable to You or any third party for any modification of NatCharts.
Skytech, LLC may give You notice by means of a general notice posted on the Site or NatCharts, electronic mail to Your email address of record in Skytech, LLC’s account information, or by written communication sent by first class mail or prepaid post to Your address on record in Skytech, LLC’s account information. Such notice shall be deem to have been given upon the expiration of 48 hours after mailing or posting, or 12 hours after sending by email. Except as otherwise provided herein, You may give notice to Skytech, LLC at any time by any of the following: via email sent to firstname.lastname@example.org. Such notice shall be deemed given when received by Skytech, LLC.
13. DISCLAIMER OF WARRANTY
YOUR USE OF NatCharts and the SITE ARE AT YOUR OWN SOLE RISK. NatCharts and the SITE ARE PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS. SkyTech, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WHICH ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Skytech, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF NatCharts, THE SITE, OR PUBLIC FORUMS. Skytech, LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF NatCharts and THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) NatCharts or THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE; (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) NatCharts, THE SITE, OR THE SERVER(S) THAT MAKE NatCharts or THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF OR FROM NatCharts or THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INJURY OR HARM THAT MAY RESULT THEREFROM, INCLUDING TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND OR DATA. NatCharts or THE SITE MAY BE SUBJECT TO LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Skytech, LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM SUCH PROBLEMS.
14. LIMITATION OF LIABILITY
15. Representations and Warranties
You represent and warrant that You have the legal power and authority to enter into this Agreement.
17. Modification of Terms
Skytech, LLC reserves the right to modify these Terms of Service or its policies and practices relating to NatCharts, at any time, effective upon the posting of an updated version of these Terms of Service or the Site. You are responsible for regularly reviewing this Agreement. Skytech, LLC will notify You of any changes to these Terms of Service by making those changes on this Terms of Service, and revising the date in the Last Update paragraph, below. Continued use of NatCharts after any such changes shall constitute Your consent to all such changes. Except as noted above, the Terms of Service may only be modified or amended in a writing signed by both You and Skytech, LLC.
This Agreement may not be assigned by You without the prior written approval of Skytech, LLC but may be assigned without Your consent by Skytech, LLC to (i) a parent or subsidiary; (ii) an acquirer of all or a portion of Skytech, LLC’s assets; (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
20. General Provisions
a. Relationships: Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer, agent, or employee of the other party for any purpose.
b. Severability: If a court finds any provision of this Agreement invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in that provision, and the other provisions of this Agreement shall remain in full force and effect.
f. Governing Law: This Agreement shall be governed by the laws of the State of Massachusetts, without regard to the choice or conflicts of laws provisions of any jurisdiction.
i. Titles: The paragraph titles of this Terms of Service are for convenience only and have no legal or contractual effect.
j. Third Party Beneficiaries: There are no third party beneficiaries to this Agreement, and none are intended.
21. Last Update
These Terms of Service were last updated on August 23rd, 2011.