Afficiency Terms of Service
Welcome to Afficiency. These Terms of Service (“Terms”) govern your access to and use of the Afficiency platform, website, and related services (collectively, the “Service”) provided by Afficiency Inc. (“Afficiency,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service with a new “Last Updated” date. Your continued use of the Service after such changes constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Service.
2. Access to the Service
Subject to your compliance with these Terms, Afficiency grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service. We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
3. Your Account
You may need to create an account to access certain features of the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Afficiency is not liable for any loss or damage arising from your failure to comply with these obligations.
4. Consent to Electronic Communications
By using the Service, you consent to receive electronic communications from Afficiency, including emails, notices, and other messages related to the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. Content
The Service may allow you to submit, upload, or otherwise provide content (“User Content”). You retain ownership of your User Content, but you grant Afficiency a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your User Content as necessary to provide and improve the Service. You represent and warrant that you have all rights necessary to grant this license.
6. Content Stored in the United States
All content and data processed through the Service is stored on servers located in the United States. By using the Service, you consent to the storage and processing of your data in the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws.
7. Suspension and Termination
We may suspend or terminate your access to the Service at any time, for any reason, including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service will immediately cease. We may also delete your account and User Content. Sections of these Terms that by their nature should survive termination will survive.
8. Acceptable Use
You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Service. You may not attempt to gain unauthorized access to any part of the Service, other accounts, computer systems, or networks connected to the Service. You may not use the Service to transmit any malware, viruses, or other harmful code.
9. Updates to the Service
Afficiency may from time to time issue updates, patches, or new versions of the Service. Such updates may be required for you to continue using the Service. You agree that Afficiency may automatically update the Service and that these Terms will apply to all such updates.
10. Software
Any software provided as part of the Service is licensed, not sold, to you. Your use of such software is governed by these Terms and any additional license terms that may accompany the software. You may not reverse engineer, decompile, or disassemble any software provided through the Service.
11. Third Party Services and Content
The Service may contain links to or integrations with third-party services, websites, or content. Afficiency does not endorse and is not responsible for any third-party services or content. Your use of third-party services is at your own risk and subject to the terms and privacy policies of those third parties.
12. Afficiency Proprietary Rights
The Service, including all content, features, and functionality, is owned by Afficiency and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent. The Afficiency name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Afficiency.
13. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.
14. No Warranty
THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, AFFICIENCY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AFFICIENCY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
15. Indemnification
You agree to indemnify, defend, and hold harmless Afficiency and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AFFICIENCY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY. AFFICIENCY'S TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF $5.00 OR THE AMOUNTS PAID BY YOU TO AFFICIENCY IN THE THREE (3) MONTHS PRECEDING THE CLAIM.
17. Contracting Party; Governing Law
These Terms constitute a legal agreement between you and Afficiency Inc., a company organized under the laws of the State of New York. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in New York County, New York.
18. Notices
All notices to Afficiency under these Terms should be sent to legal@afficiency.com. Notices to you may be sent to the email address associated with your account or posted on the Service.
19. [Reserved]
This section is intentionally reserved for future use.
20. Miscellaneous
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Assignment: You may not assign or transfer your rights under these Terms without Afficiency's prior written consent. Afficiency may assign its rights and obligations without restriction.
Independent Contractors: The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
Claims: Any claim arising under these Terms must be brought within one (1) year after the cause of action arises, or such claim is permanently barred.
Waiver: The failure of Afficiency to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Government Use: If the Service is used by or on behalf of the U.S. Government, use is subject to the restrictions described in these Terms.
21. Copyright Complaints / DMCA
Afficiency respects the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) to our designated agent at legal@afficiency.com. Your notice must include: (1) a description of the copyrighted work claimed to have been infringed; (2) identification of the allegedly infringing material and its location on the Service; (3) your contact information; (4) a statement that you have a good faith belief that the use is not authorized; and (5) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.