Thank you for using AppSynergy by ParaSQL. This Software and Service is provided by ParaSQL LLC (referred to as ParaSQL, AppSynergy, Company, we, our, or us in these terms), located at 601 Heritage Drive, Suite 461, Jupiter, Florida 33458, United States. These Terms of Service outline the Agreement between You (referred to as Customer, Client, you, or your in these terms) and us. These terms specify your rights and responsibilities when using our Software and Service, so please read them carefully.
The term Service in this License Agreement refers to the Software and the infrastructure on which it runs.
You may need to create an account in order to use the Software or an account may be assigned to you by an administrator, such as your employer or educational institution, or someone sharing their application with you. If you are using an account assigned to you by an administrator, your legal relationship with your administrator may affect that account.
In order to access certain Software you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Software, or as part of your continued use of the Software. You agree that any registration information you give to us will always be accurate and up to date.
If you create an application and share that application with other users, you may be placing the people you share with on your account. You shall require your end users to comply with any applicable law and these terms. You will not knowingly enable your end users to violate applicable law or these terms.
We do not acquire ownership in the applications you develop with the Software (Customer Applications), and you do not acquire ownership of any rights in our Software as a result of creating applications.
We do not acquire ownership in any of the data that you enter into the Service (Customer Data). We may use Customer Data and Customer Applications only to provide the Service to Customer and as needed to operate our business, including identifying and fixing problems in the Service, performance tuning, billing, problem resolution and similar uses.
We support data portability. We provide a variety of ways to both import and export your data. Please refer to the applicable technical documentation for details. You may also email our support and request a SQL dump file of your entire database at any time.
If you provide feedback or suggestions about our Software or Service, then we may use such information without obligation to you, and you hereby irrevocably assign to Company all right, title, and interest in that feedback or those suggestions.
Customers who are subject to HIPAA and wish to use our Software or Service with Protected Health Information (PHI) must enter into a Business Associate Agreement (BAA) with us. Customer is responsible for determining whether they are subject to HIPAA requirements and whether they use or intend to use Software or Service in connection with PHI. Customers who have not entered into a BAA with us must not use the Software or Service in connection with PHI.
We may monitor the use of the Software and Service to ensure quality, improve our products and services, and verify your compliance with these terms. You will not interfere with such monitoring.
Certain plans or account types may be covered by a Service Level Agreement (SLA). If your plan or account type is covered by an SLA you can find the SLA terms here.
When using the Software or Service, the following prohibitions apply:
All Quotes we provide to you in writing (including email) are valid for 30 days unless otherwise specified in writing.
If you choose to engage us for consulting services of more than two hours, Company may require a signed Consulting Agreement prior to commencement of work. Customer agrees that due to the highly unpredictable nature of developing custom software applications (including but not limited to the inability to estimate total hours required for a given project due to vagueness in project scope specifications), customer is responsible for payment of all labor charges incurred on any custom project regardless of whether or not such project is cancelled by customer for any reason (including but not limited to dissatisfaction with the resulting custom application or dissatisfaction with the number of hours required to build any feature or portion of a custom application). The Consulting Agreement will specify a Billing Increment in terms of consulting hours incurred, and customer will receive an itemized invoice every Billing Increment outlining the work completed during that Billing Increment. No further work will be performed by Company until such Billing Increment is approved in writing and signed by an authorized representative of customer. If, for any reason, customer does not approve any Billing Increment, then no future work will be performed. However, NOT APPROVING A BILLING INCREMENT DOES NOT RELINQUISH CUSTOMER'S RESPONSIBILITY TO PAY SUCH BILLING INCREMENT IN FULL.
If you choose to engage us for consulting services to develop or enhance any application, such engagement grants us unlimited, irrevocable, world wide, non-exclusive rights to reuse any portion of such application for any purpose whatsoever (including but not limited to our templates, modules, and applications for other customers). Evidence of engaging us for consulting services for any given application will be shown by the existence of log records indicating that such application was shared by customer with us and Administrator rights were granted to us by customer.
You may stop using the Service at any time. If you want to terminate these terms, you must provide us with 7 days prior written notice and upon termination, cease your use of the Service. We reserve the right to terminate these terms or discontinue the Service or any portion or feature for any reason and at any time without liability or other obligation to you.
NEITHER COMPANY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SOFTWARE. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE QUALITY OF THE SOFTWARE, ITS RELIABILITY, AVAILABILITY OR ABILITY TO MEET YOUR NEEDS. THE SOFTWARE AND CONTENT ACCESSED THROUGH THE SOFTWARE ARE PROVIDED "AS IS". SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL IMPLIED WARRANTIES.
WHEN PERMITTED BY LAW, COMPANY, AND COMPANY's SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY WARRANTIES THAT MAY NOT LEGALLY BE EXCLUDED, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SOFTWARE (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SOFTWARE AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. IN ALL CASES, COMPANY, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, and employees, or partners, from and against any third party claim arising from or in any way related to: your misuse or your end user's misuse of the Software; or your violation or your end user's violation of these terms, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.
We may modify these terms or any additional terms occasionally, for example, to reflect changes to the law or changes to our Software or Service.
You will use our Software and Service only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the Software or Service to encourage or promote illegal activity.
The terms of this Agreement are governed by the laws of the State of Florida.
Last updated April 27, 2019