MYbusinessOS Terms of Service
These are the terms and conditions under which you may use MYbusinessOS (the “Service”) as it may exist from time to time – your enterprise management solution – which is provided by RAF Enterprising Inc. (“Provider”). The Service may require the installation of software on your computer. This agreement governs your use of both the online service and such software.
Copyright: © 2016 RAF Enterprising Inc. All rights reserved. The Service is owned by and copyrighted by the Provider and its suppliers and contains trademarks of Provider or others. You may not reproduce any part of the Service. Unauthorized use of the Service may violate copyright, trademark and other laws.
Term: You may use the Service for so long as you pay the required fees to the Provider, or until the Provider terminates your use of the Service as provided for herein.
License: RAF hereby grants to the Customer a nonexclusive, nontransferable license to use the Service on the terms contained herein. The Customer will not: (a) except to sublicense to its direct franchise operations reproduce, sell, rent, assign, lease, sublicense, distribute, serve third parties, market or commercially exploit, in any way, except as provided in this Agreement the Service or any component thereof; (b) use the Service for anything other than for its own internal use; (c) use the Service except as authorized herein; (c) remove, modify or obscure any watermark or any copyright, trademark or other proprietary rights notices that appear on the Service; or (d) use the Service for purposes proscribed by RAF from time to time, including without limitation: illegal or inappropriate purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, untruthful, disrespectful, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment; or to interfere with any other person’s use and enjoyment of RAF’s services.
Fees: Customer will pay fees as agreed on service signup, plus applicable taxes. RAF may change any fees payable under this Agreement, after the first 18 months of this contract, by giving at least 60 days written notice in advance. Such notice will include a commercial justification for the price increase.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Authentication: Access to the Service requires a valid GSuite account. As an added security, RAF also provides two factor authentication (Yubikey). It is your responsibility to protect that information, including using effective passwords that are not easily guessed or discoverable, and keeping usernames and passwords confidential.
Acceptable Use: You are responsible for all activity you conduct using the Service. You will not use the Service for purposes prescribed by Provider from time to time, including without limitation: illegal or inappropriate purposes; sending spam; perpetration of security breaches; hacking; privacy breaches; fraudulent activity; distribution of viruses or other harmful code; transmission, distribution or storage of any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization or rights, or material that is infringing, obscene, defamatory, fraudulent, discriminatory, or abusive; any unauthorized access, alteration, theft, corruption or destruction of files, data, transmission facilities or equipment. Provider does not routinely monitor individual use of the Service, but may in its discretion terminate the access of offending users.
Ownership: All patent, copyright, trademark, trade secret, source code, internet domain, and other intellectual and intangible property rights relating to the Service are the sole and exclusive property of RAF. RAF acquires no ownership or use rights to any information placed on the Service by the Customer.
Training and Support: Basic training material for end users of the Service is available online. Support consists of online self-service help, which the Customer will make reasonable efforts to utilize first, and if needed, email support as outlined on the website.
Termination: Provider, in its sole discretion and without prior notice, may terminate your use of the Service, for any reason, including, without limitation, providing the Service, or any part thereof, with or without notice (a) Customer fails to pay fees when due; (b) Customer fails to comply with any provision of this Agreement or uses the Service beyond the scope described herein; (c) Customer attempts to assign, sublicense, or otherwise transfer any of its rights under this Agreement without the consent of RAF; or (d) Customer files an assignment in bankruptcy or is or becomes bankrupt and/or insolvent, upon the appointment of a receiver for all or substantially all of the property or assets of the Customer, upon the making of any assignment or attempted assignment for the benefit of creditors or on the institution by Customer of any act or proceeding for the winding up of its business. RAF may terminate this Agreement by giving at least twelve months’ notice if it decides to stop offering the Service to customers generally, or to customers in certain jurisdictions. The Customer may terminate this Agreement at any time by providing RAF with at least thirty days’ notice.
Limited Warranty: Provider will use reasonable efforts to keep the Service operational on a continuing basis, but does not warrant that the Service is error free, that it will operate without problems or without interruption.
All promises made by Provider are contained in this agreement. No promises implied by law (whether described as warranties, conditions, representations, or otherwise, and whether relating to merchantability, fitness, noninfringement, or otherwise) apply. You cannot collect any damages from Provider for any reason (whether under legal theories of contract, tort, negligence, strict liability, operation of law or otherwise) that are not direct damages or exceed the amount paid by you to Provider hereunder for the Services for a 6 month period.
Provider relies on these limitations when entering this agreement and setting its fees. They are a fundamental and essential part of our arrangement, and apply even if this agreement has failed in its fundamental or essential purpose or been fundamentally breached.
Governing Law: This Service is governed by the laws of Ontario, Canada, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Provider shall take place in the courts of Ontario. The parties attorn to the nonexclusive jurisdiction of the courts of Ontario.
Google Integration Services: RAF is not responsible for Google’s use of data provided to Google by the user. RAF’s Google integration is used only in the course of providing the Service.
Change Terms: Provider may change these terms by posting notice on its site.
Contact Contact information is provided at support.mybusinessos.com/contact