Terms of service
1. AGENDEX SERVICES
- Agendex is engaged in the business of providing certain calendar publishing, sharing, and booking services. Under this Agreement, Agendex provides you with certain calendaring Services; Agendex does not grant you a license to any software under this Agreement. You will use the Services only for your internal business (which includes civic or charitable) purposes only and you will not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party.
- To use the Services, you must provide complete and accurate information on the registration form on the pricing page. As part of the registration process, you will identify an e-mail address for your Agendex system account. If you are using the Services as part of a free trial, you acknowledge and agree that an individual may only register to use the Services for one free trial. If Agendex suspects or determines, in its sole and absolute discretion, that an individual has or is attempting to register for multiple free trials, then Agendex shall have the right to suspend or terminate such account or free trial immediately upon notice. Agendex reserves the right to refuse registration of, or cancel, accounts it deems inappropriate or accounts for which incomplete or inaccurate information is provided on the registration form on the pricing page. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name.
- Each subscription provides Services for one single Microsoft Exchange email system, which can be located on customer premises or in Microsoft 365 cloud services. The customer’s email system may contain multiple domains associated with and owned by the customer.
2. FEES AND PAYMENTS
- Fees. The current schedule of fees for the calendaring services is set forth in the pricing page. Agendex may revise such schedule from time to time, provided that the revised fees will be effective only with regard to calendaring services that you request after the revised fees have been posted.
- Payment. You must pay Agendex monthly after each month of usage in which you used the calendaring services. For customers choosing an Annual subscription, fees for the entire subscription period are paid upon activation of the Service. In addition to the listed fee, you will pay all sales, use, excise, and other taxes that may be levied upon either party in connection with this Agreement or on activities related to the calendaring, except for taxes based on Agendex’ net income. Payment is made through the Agendex customer portal; payments are processed using Stripe as a payment gateway.
3. TERM AND TERMINATION
- The initial term of this Agreement will commence upon the Effective Date, defined as the date when customer provides payment information, and the first payment is processed. Subscriptions are available in either Monthly or Annual terms.
- Annual Subscription: the subscription to the Services will be valid for one (1) year from the Effective Date; all fees are non-refundable; you acknowledge and agree that you will not be entitled to receive any refund and/or credit in connection with any prepaid fees. Customer will be sent a renewal reminder 1 month before subscription expiry date.
- Monthly Subscription: Monthly subscriptions are postpaid, meaning you will be billed for past usage. There are four (4) billing dates per month: the 7th, 14th, 21st, and 28th of each month. Upon providing payment information through the customer portal, the first payment will be processed one month from the next billing date. Monthly subscriptions can be canceled at any time; last billing will be on their next billing date.
4. INTELLECTUAL PROPERTY
The software is protected by International copyright laws. Title and copyright to the software and accompanying documentation is owned by Agendex or its partners. Licensee is prohibited from reverse engineering, decompiling, disassembling, attempting to discover or modify the underlying source code, modifying, translating, localizing, adapting, creating, or preparing derivative works of, or creating a patent based on the functionality of the software. Licensee agrees all information regarding the functionality and performance of the software is confidential and cannot be used for any purpose not authorized herein or disclosed to any third party without written consent.
5. USAGE AND EXPORT RESTRICTIONS
The software can only be used for the purpose of managing the internal business operations of your organization and your affiliates. Your organization may not rent, lease, sell, assign, sublicense, or otherwise transfer the software without the express written permission of Agendex. The software may not be used to provide services as part of a fee-based offering without the express written consent of Agendex. None of the software may be downloaded or otherwise exported to any country to which such export or transmission is restricted by any applicable European Union regulation or statute.
6. SUPPORT SERVICES
Use of support services is governed by policies and programs described in the most current documentation. Any information provided as part of these support services may be used to improve our support services and/or product development.
7. WARRANTY & RESTRICTIONS
Agendex warrants that the software will perform substantially in accordance with the specifications in effect on the delivery date. The warranty covering the software is made for thirty (30) days from the delivery date. If critical defects are reported, Agendex will correct such defects, and if unable to provide corrected software within a reasonable time, may choose to remedy this by refunding the license fee paid. Agendex is not responsible and will not provide warranty for problems caused by changes in the hardware, operating systems, improper resources, software alterations, or other system components which are deemed non-compliant, incompatible or outside industry approved specifications.
8. FITNESS FOR USE
The software is provided “AS IS” and Agendex does not warrant that the software will meet Licensee’s requirements or that the operation of the software will be uninterrupted, error-free, or secure. In addition, security mechanisms that may be implemented by the software have inherent limitations, and Licensee must determine that the software sufficiently meets Licensee’s requirements. The software is not fault-tolerant and is not designed for use in hazardous environments where failure could lead directly to death, personal injury, or severe material damage.
AGENDEX MAKES NO OTHER EXPRESS WARRANTY, AND NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NO WARRANTY OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS IS PROVIDED.
9. LIMITATION OF LIABILITY
Agendex shall NOT be liable for special, indirect, incidental, or consequential damages, including lost profits or lost information, as Licensee is hereby advised of the possibility that such damages may occur.
THE AGGREGATE LIABILITY OF AGENDEX TO LICENSEE AND ANY RELATED PARTY CLAIMING FOR ANY DAMAGES RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO AGENDEX BY LICENSEE FOR THE CURRENT ANNUAL PERIOD.
10. INTERNATIONAL COVENANTS
The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the United States of America, its agencies and/or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Agendex Ltd., 66, L. Karavelov str., 1142, Sofia, Bulgaria.
11. COMPLETE AGREEMENT
This represents the complete agreement between Agendex and Licensee and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this License is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
For all inquiries, please contact us via the form, located at https://agendex.com/resource-center or mail Agendex Ltd., 66, L. Karavelov st., 1142, Sofia, Bulgaria.