Frontiz.com Terms of Service
1. Privacy & Security
Frontiz's privacy and security policies may be viewed at both www.frontiz.com . Frontiz reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. When users initially log in, they will be asked whether or not they wish to receive marketing and other non-critical Service-related communications from Frontiz from time to time. User may opt out of receiving such communications at that time or at any subsequent time. Note that because the Service is a hosted, online application, Frontiz occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service.
2. License Grant & Restrictions
User shall not (I) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (II) modify or make derivative works based upon the Service or the Content without a specific written authorization of Frontiz; (III) co-brand (i.e., display any name, logo, trademark or other means of attribution or identification of any party in such a manner reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Service or content accessible through the Service) the Service, the Content or any portion thereof; (IV) create Internet "links" to the Service or "frame" or "mirror" any Content on any other server or wireless or Internet-based device (whereby the Service or portion thereof will appear on the same screen with a portion of another website); or (V) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User agrees to cooperate with Frontiz in causing any unauthorized co-branding, framing or linking to immediately cease. User licenses may be used by any number of employees, representatives, consultants, contractors or agents within a single User organization, but cannot otherwise be shared or used by more than one User entity.
3. User's Responsibilities
User is solely responsible for any or all activity occurring within User's account(s) and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with User's use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. User shall: (I) notify Frontiz immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (II) report to Frontiz immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by User; and (III) not impersonate another Frontiz user or provide false identity information to gain access to or use the Service. In addition, User is solely responsible for the content of all visual, written or audible communications sent by User. User agrees that it will not use the Services to send unsolicited mass mailings outside of User's company or organization. User further agrees not to use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although Frontiz is not responsible for any such communications, Frontiz may delete any such communications of which Frontiz becomes aware, at any time without notice to User.
All USERS will be responsible for maintaining the confidentiality of their password and SUBSCRIBER well be responsible for all activities and charges resulting from the use of their service, including unauthorized use.
4. Account Information and Data
Frontiz does not own any data, information or material that User submits to the Service in the course of using the Service ("Customer Data"). User, not Frontiz, 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 Frontiz shall not be responsible or liable for the deletion, correction, destruction, damage, inaccuracy, loss of or failure to store any Customer Data. Frontiz reserves the right to withhold, permanently remove and/or discard Customer Data without notice for any breach, including, without limitation, User's non-payment of Service fees. Upon termination for cause, User's right to access or use Customer Data shall immediately cease, and Frontiz shall have no obligation to maintain, preserve or forward any Customer Data.
5. Technical, Customer, and Sales Support
Technical, customer, and sales support is only provided via email or other online means and is not provided via phone or traditional mail.
6. Intellectual Property Rights
Frontiz (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Frontiz Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by User or any other party relating to the Service. This Agreement is not a sale and does not convey to User any rights of ownership in or related to the Service, the Frontiz Technology or the Intellectual Property Rights owned by Frontiz. The Frontiz name, the Frontiz logo, and the product names associated with the Service are trademarks of Frontiz or third parties, and no right or license is granted to use them. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of Frontiz, which may be granted or withheld in Frontiz's sole and absolute discretion, except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
7. Third Party Interactions
8. Charges and Billing
Frontiz will refund the full payment of the first 30 days of a subscription, no questions asked. After the first 30 days the terms below apply.
Frontiz charges and collects in advance for use of the Service. Frontiz will automatically renew User's subscription and charge User's credit card every month or year, depending on User's subscription type. All currency references are in U.S. dollars. Please note after the first 30 days, payment for the Service is non-refundable once User has subscribed to the Service, whether on a monthly or annual basis. There will be no refunds or credits for partial months or years of service. All 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. User must provide Frontiz with a valid credit card as a condition to subscribing to the Service. Frontiz reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 15 days prior notice to User, which notice may be provided by e-mail or posted on the Frontiz website or application.
User has the ability to upgrade or downgrade the Service at any time during the term (downgrades are only available with monthly subscription accounts, from one paying level to another -- downgrades from paying accounts to free accounts are not possible). Such upgrade or downgrade will take effect immediately. For any upgrade or downgrade in package level, the credit card that you provided as part of your Registration Data will automatically be charged the new rate on your next billing cycle. In the case of downgrades to a monthly subscription, there will be no refunds or credits for partial months of service. The expiration/renewal date of Service, whether monthly or annual, will not change. Fees may not be credited towards other Services. All currency references are in U.S. dollars.
User is required to maintain a valid credit card on file from the Subscription Settings page of their account at all times. Regardless of User's payment method, User's subscription to the Service authorizes Frontiz to charge User's credit card. This authorization shall remain valid until 30 days after termination or cancellation of User's account, whereupon Frontiz may charge User's credit card for any outstanding charges as may be applicable.
9. Excess Data Storage Fees
The maximum disk storage space provided to User at no additional charge is 200 MB per account. If the amount of disk storage required exceeds these limits, User will be charged the then-current storage fees. Frontiz shall not be responsible for notifying User when their total storage used reaches its approximate maximum; furthermore, any failure by Frontiz to so notify User shall not affect User's responsibility for such additional storage charges. Frontiz reserves the right to establish or modify its general practices and limits relating to storage of Customer Data.
Frontiz charges and collects in advance for use of the Service. Frontiz will automatically renew User's subscription and charge User's credit card every month or year at the commencement of each consecutive renewal term, which shall be monthly or annual depending on User's subscription type. The renewal charge will be based upon the then-current license fee in effect at the time of renewal. Frontiz's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and User shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Frontiz's income.
User agrees to provide Frontiz with complete and accurate billing and contact information. This information includes User's legal name or company name, credit card and billing address, e-mail address, name and telephone number of an authorized billing contact. User agrees to update this information immediately upon change to it or in the event of a lost or stolen credit card. If the contact or billing information User has provided is false or fraudulent, Frontiz reserves the right to terminate User's access to the Service in addition to any other legal remedies.
11. Non-Payment and Suspension
In addition to any other rights granted to Frontiz herein, Frontiz reserves the right to suspend or terminate this Agreement and User's access to the Service if User's account becomes delinquent (falls into arrears) or User fails to maintain a valid credit on file for their account. Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. If User or Frontiz initiates termination of this Agreement and User's access to the Service, User will be obligated to pay the balance due on User's account computed in accordance with the Charges and Payment of Fees section above. User agrees that Frontiz may charge such unpaid fees to User's credit card or otherwise bill User for such unpaid fees.
Frontiz reserves the right to impose a reconnection fee in the event User is suspended and thereafter requests access to the Service. User agrees and acknowledges that Frontiz has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if User's account is 15 days or more delinquent.
12. Cancellation and Termination upon Expiration
User may cancel the Service from the Administration Level of User's account at any time. Cancellation requests delivered by email (CustomerService@Frontiz.com), mail or telephone are not a guaranteed method of cancellation.
For monthly subscriptions, User is purchasing the Service for full monthly terms, meaning if User attempts to terminate Service prior to the end of a monthly term, User will be responsible for the full month's charges to the end of the then-current term, including, without limitation, unbilled charges, which will immediately become due and payable. Expiration of the term or termination of Service will not excuse User from paying all accrued and unpaid charges due under this Agreement.
For fixed term annual subscriptions (i.e., twelve (12) months), User is purchasing the Service for the full term, to be paid upfront annually. User's annual subscription will automatically renew after the initial fixed term is over. Early cancellation of an annual subscription is not eligible for any refund, whether in whole or in part, and may also result in the loss of promotional consideration. Expiration of the term or termination of Service will not excuse User from paying all accrued and unpaid charges due under this Agreement.
If User cancels the Service before the end of the term, such cancellation will take effect immediately. Upon cancellation, User will no longer have access to the Service and all information contained within User's account will automatically, permanently and irreversibly be deleted. Frontiz accepts no liability for such deleted information or content. If the User's credit card is invalid, the User will be notified to provide a valid credit card within 72 hours. If the subsequent credit card provided is invalid, the User will have an additional 72 hours period to provide a new card. If the third credit card provided is invalid, the Service may be canceled and all the information contained within deleted permanently. Frontiz accepts no liability for information that is deleted due to an invalid credit card.
13. Termination for Cause
14. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Frontiz represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Frontiz help documentation under normal use and circumstances. User represents and warrants that User has not falsely identified itself nor provided any false information to gain access to the Service and that User's billing information is correct.
16. Disclaimer of Warranties
User will have access to a variety of sources of content through the Internet. Frontiz has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, Frontiz will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Frontiz has no control over and accepts no responsibility whatsoever for such materials. User understands that, except for information, products or services clearly identified as being supplied by Frontiz, Frontiz does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that Frontiz cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. Frontiz does not assume any responsibility or risk for User's use of the Internet.
FRONTIZ AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. FRONTIZ AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET USER'S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICE WILL MEET USER'S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO USER STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY FRONTIZ AND ITS LICENSORS.
17. Internet Delays
FRONTIZ'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. FRONTIZ IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
18. Limitation of Liability
IN NO EVENT SHALL FRONTIZ'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY USER IN THE ONE (1) MONTH PERIOD, OR IN THE CASE OF AN ANNUAL SUBSCRIPTION, ONE TWELFTH (1/12) OF THE ANNUAL PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL FRONTIZ AND/OR ITS LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO USER IN CONNECTION WITH THE SERVICES BE LIABLE TO ANYONE UNDER ANY THEORY OF CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, DAMAGES FOR LOST PROFITS, LOST BUSINESS REVENUE, OTHER ECONOMIC LOSS OR ANY LOSS OF RECORDED DATA, INCLUDING BUT NOT LIMITED TO THE LOSS OF USER'S DATA, QUICKBOOKS COMPANY FILE(S) OR ANY OTHER DATA, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, LOSS OR DELETION, UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF USER'S DATA THROUGH ACCIDENT, FRAUDULENT MEANS OR ANY OTHER METHOD REGARDLESS OF CAUSE IN THE CONTENT OR NEGLIGENCE ON THE PART OF FRONTIZ OR ITS SERVICE PROVIDERS, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19. Frontiz Forms and Documents
20. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
21. Local Laws and Export Control
Frontiz provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. User acknowledges and agrees that the Service shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, User represents and warrants that User is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. User agrees to comply strictly with all U.S. and European Union export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required.
The Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
Frontiz and its licensors make no representation that the Service is appropriate or available for use in other locations. If User uses the Service from outside the United States of America, User is solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
22. Modification to Terms
This Agreement may not be assigned by User without the prior written approval of Frontiz, but may be assigned without User's consent by Frontiz to (I) a parent or subsidiary, (II) an acquirer of assets, or (III) a successor by merger or consolidation. Any purported assignment in violation of this section shall be void.
24. Resale of Service
User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Frontiz.
25. No Third Party Beneficiaries