Tripleseat Software, LLC. Terms of Service

Your use of Tripleseat (the "Service") and tripleseat.com (the "Site"), operated by Tripleseat, LLC.("Tripleseat"), are subject to the binding legal terms set forth by the following terms and conditions ("Terms of Service"). By using the Service, you agree to each of the terms set forth below. If you do not agree with any term or condition set forth below, you are not authorized to use the Service for any purpose.

Tripleseat reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on the Service or Site. You are responsible for regularly reviewing this Terms of Service. Any new features that augment the Service or additional services that we put on the Site will be subject to the Terms of Service. Continued use of the Service after such changes or additions shall constitute your consent to such changes.

Termination for Cause

Violation of any of the terms below, breach of any payment obligations, or unauthorized use of the Service will result in suspension or termination of your account or use of the Service. In addition, Tripleseat may terminate any free account at its sole discretion. Tripleseat may also terminate your free account if it has been inactive for a period of three (3) consecutive months. The account will be considered "inactive" if you or any users of your account do not use the Service. You agree that Tripleseat has no obligation to retain data entered by you into the Service and may delete such data if you have violate any of the terms below or fail to pay outstanding fees.

Usage Terms

• You warrant that you are 13 years of age or older
• You warrant that you are a human, and not a computer service or automated "bot"
• You warrant that you have provided accurate and valid information requested during the sign up process, including your full legal name and a valid email
• You warrant that your personal login, and personal logins of all users with access to your account, represent and are used only by one person each. You may not use one login for several different people.
• You warrant that you will use the Service only for lawful purposes. You must not violate any laws in your jurisdiction, including but not limited to any copyright laws.
• You are prohibited from violating, or attempting to violate, the security of the Service. Any violations may result in criminal and civil liabilities to you. Tripleseat will investigate any alleged violations and will cooperate with law enforcement agencies if a criminal violation is suspected. Examples of violations of the security of the Service include, without limitation, intentionally accessing data not intended for you, logging into a server or account that you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, attempting to interfere with service to any user, host, or any attempt to obtain services or products to which you are not entitled.
• Your warrant that during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; encourage conduct that would constitute a criminal offense or give rise to civil liability; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Tripleseat or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Tripleseat customer, employee, member, or officer. Any of these actions will result in immediate account termination and possible criminal or civil liabilities to you.
• You agree 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 Tripleseat.
• You understand that Tripleseat uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Tripleseat, we reserve the right to limit your bandwidth to the Service.

Billing, Plans, and Renewal

• A valid credit card is required for paid account plans. The free account plan on the Service does not require you to enter any credit card information.
• Tripleseat charges and collects in advance for use of the Service. You will be billed monthly starting on the 30th day after your account was initially created.
• You agree to update your billing information within 30 days of any change to it. If a charge attempt made on your credit card does not succeed, you will be given 14 days to update the billing information before your account is suspended. Failure to update your billing information will result in an indefinite suspension of your account. Tripleseat may permanently terminate any accounts that have been suspended for more than 30 days.
• Fees from Tripleseat 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 Tripleseat's income.
• Downgrading your Service plan may cause the loss of Content, features, or capacity of your Account. Tripleseat does not accept any liability for such loss.

Refund Policy

• Pay accounts on the 30-day free trial will not be charged until the end of the 30-day period. If the account is canceled before the end of the free trial peroid, the credit card will never be charged.
• Within a billing period after the 30-day free trial, Tripleseat does not provide refunds for partial billing periods in the event of Service cancellation or an account that in unused. Since you pay 30 days usage of the service at the beginning of the period, no refunds will given if you cancel after being charged. Canceling prevents your card from being billed again, but you are responsible for any charged incurred before cancelling.

Account Cancellation

• Accounts can be canceled at any time on the "Settings" area of the Service. You are solely responsible for canceling your account by following the instructions provided on this tab. A request to Tripleseat to cancel your account does not constitute a cancellation, and Tripleseat is not responsible for additional charges that may occur if you do not cancel your account properly.
• For paid Service plans, if you cancel your account prior to the start of the next billing period, you will not be charged again. No refunds will be given for the month in which the Service is canceled.
• Upon canceling your account, all data you entered into the Service on that account will be immediately deleted from the Service. Canceling an account is an irreversible process and the data cannot be recovered.

Service and Pricing Modifications

• Tripleseat reserves the right to modify or remove parts the Service at any time. Tripleseat will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.
• Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from Tripleseat. Such notice may be provided by posting the changes to the Site or the Service itself.
• Tripleseat shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright

You acknowledges that the Service is licensed to you and that Tripleseat retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agrees not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Tripleseat's prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Tripleseat(and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

Tripleseat claims no intellectual property rights over any of the content or data your upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.

Privacy

Tripleseat regards your privacy as a top priority. Please review our Privacy Policy.

Disclaimers

Tripleseat is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. Tripleseat assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Tripleseat is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person's computer related to or resulting from use of the Service.

Tripleseat does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided "as-is" and Tripleseat disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Tripleseat cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will Tripleseat be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if Tripleseat has been advised of the possibility of such damages.

Governing Law and Venue

The Terms of Service shall be governed by the laws of the State of Massachusetts and the validity, interpretation and effect shall be governed by the laws of Massachusetts applicable to contracts executed and performed wholly therein. The Federal and State courts within Massachusetts shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Each party hereto expressly consents to the personal jurisdiction of, and venue in, such courts.

Indemnity

You agree to indemnify and hold Tripleseat, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party.