Service Agreement

Thank you for choosing SpiveyWorks.

1. What the Contract Covers

This is a contract between you and SpiveyWorks Corporation. Sometimes SpiveyWorks Corporation is referred to as 'SpiveyWorks,' 'we,' 'us' or 'our'. This contract applies to any SpiveyWorks software or services, including updates, that display or link to this contract and that you use while this contract is in force. All of the software or services are referred to in this contract as the 'service.' Some of these services may not be available in your country.

Please note that we do not provide warranties for the service. The contract also limits our liability.

2. When You May Use the Service

You may use the service starting immediately after you finish the sign-up process.

3. How You May Use the Service

Using the service you will:

  • obey the law;
  • obey any codes of conduct or other notices we provide;
  • keep your service account password secret;
  • promptly notify us if you learn of a security breach related to the service.

4. How You May Not Use the Service

Using the service you will not:

  • engage in or facilitate unlawful conduct;
  • use the service in a way that harms us;
  • use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
  • use any automated process or service to access and/or use the service, except through explicit service APIs we document and publish for such purposes;
  • use any unauthorized means to modify or reroute the service;
  • damage, disable, overburden, or impair the service or the networks connected to the service;
  • resell or redistribute the service;

5. You Are Responsible for Your Service Account

Only you may use your service account. You are responsible for all activity that takes place with your service account.

6. Your Content

You may be able to submit content for use in connection with the service. You understand that SpiveyWorks does not control or endorse the content that you and others post or provide on the service. Except for content that we license to you, we do not claim ownership of the content you post or provide on the service.

The service includes public areas available to the general public, shared areas available to specific other people you have selected, and personal areas where you have not granted access to others.

You understand that sharing content that violates others' copyrights and intellectual property rights violates this contract. You represent and warrant that you have all necessary rights and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and we reserve the right to remove your content from the service at any time.

7. Privacy

In order to operate and provide the service, we collect certain information about you. We use and protect that information as described in the SpiveyWorks Privacy Statement.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We do not use the data to personally identify you.

8. How We May Change the Contract

We reserve the right to change this contract at any time and in the event we do so we will provide a 30 day advance notice on our website. If you do not agree with the changes then you must cancel and stop using the service before the change takes place. If you remain using the service then your use of the service will be under the changed contract.

9. We Make No Warranty

We provide the service "as-is," "with all faults" and "as available". We do not guarantee the accuracy or timeliness of information available from the service. We give no express warranties, guarantees or conditions.

10. Liability Limitation

You can recover from SpiveyWorks Corporation ony direct damages up to an amount equal to your service fee for one month. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation is also applies to:

  • the service,
  • content,
  • viruses or other disabling features that affect your access to our service,
  • incompatability between the service and other services, software and hardware,
  • delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service,
  • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence or other tort.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

11. Changes to the Service

We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation. A particular service may be a pre-release version and may not work correctly or will work differently in the final version. We may decide to not release a final version at all.

12. Interpreting the Contract

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service.

13. Payment

When you create a billing account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the service using your payment method and for any paid feature of the service for which you choose to sign up or use while this contract is in force. Billing of service charges to your payment method may occur in advance, at the time of purchase, shortly after purchase, or on a recurring basis for subscription services.

14. Prices and Price Increases

The price for the service excludes all taxes and phone charges, unless stated otherwise. You are responsible for any taxes that you are obligated to pay. You are responsible for all other charges, including phone charges. We may change the price of the service from time to time and we will tell you in advance. If your service is on a subscription basis then we will tell you at least 30 days in advance. If you do not agree with these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length.

15. Refund Policies

Unless otherwise stated or provided by law, all charges are non-refundable and the cost of any returns will be at your expense.

16. Canceling the Service

You may cancel the service at any time, with or without cause. Email support@spiveyworks.com from the email address you used to sign up for the service and request to cancel the service. You can also use the interface provided in the service to cancel the service.