By Using Rebillia Platform Software, you agree to our Terms and that you have read our Terms Policy
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION.
UNDER THE ARBITRATION AGREEMENT, YOU WILL: (1) ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
- Description of Services
We make various services available on this Application including, but not limited to, credit card-on-file, recurring billing, and other similar services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including an applicable payment gateway relationship, a computer, modem, and internet access (including payment of all fees associated with such access).
- Services Use and Limitations.
We will make reasonable efforts to keep the Application operational 24 hours a day, 7 days a week, except for: (i) planned downtime (of which we will use reasonable efforts to provide at least 72 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes, or other labor problems or Internet service provider failures or delays.
We will be sending information to your payment gateway service provider; however, we make no representation as to the availability of your payment gateway service provider and are not responsible for any downtime or system outage of your payment gateway service provider.
The Application is a subscription management and billing software service. You acknowledge and agree that: (i) We are not a bank or other chartered depository institution; and (ii) We will not be holding any monies for you or your customers. Accordingly, you agree that we will not be responsible or liable for any amounts related to any credit-card or payment transaction.
We may, from time to time, make third-party products available to you or integrate such third-party products in our offerings, and such third-party products may be subject to their own terms and conditions. You understand and agree that we are not responsible for your actions as it relates to the terms and conditions of such third party products.
You represent, warrant, and agree that you will only use the Application in compliance with all applicable laws and regulations, and that you will not use the Application to violate, infringe, or misappropriate any intellectual property or other proprietary right of any third party (including, without limitation, any rights of privacy or publicity).
- “Beta” Version
We may choose to deploy the Application either initially or in any subsequent “versions” in advanced testing, or “Beta” format. Such Beta version will be clearly described when you are downloading the Application. If you are using a Beta version of our Application, you acknowledge and agree that you have been informed that there may be “bugs” in the Application that could lead to malfunction. You also acknowledge and agree that you are using such Beta version at you own risk, and you will indemnify and hold us harmless for any difficulties or damages that may arise from such Beta use.
- Registration Data and Privacy
In order to access some of the services on this Application, you will be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
- Conduct on Application
Your use of the Application is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Application. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Application, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including, but not limited to, text, communications, software, images, sounds, data, or other information that:
(a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
(b) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
(d) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(e) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
(f) impersonates any person or entity, including any of our employees or representatives.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Application may be available to you or other authorized users of the Application. You shall not interfere with anyone else’s use and enjoyment of the Application or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Application without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Applications, including cooperating with law enforcement authorities in investigating suspected criminal violations.
- Third Party Websites and Information
This Application may link you to other websites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These websites may contain information or material that some people may find inappropriate or offensive. These other websites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
- Intellectual Property Information
(a) The Application contains content and technology of Rhino SaaS IP Holding Co, LLC, a Georgia limited liability company (“RhinoSaaS”) that is protected by copyright, trademark, patent, trade secret, and other laws. As between the parties, RhinoSaaS owns all intellectual property and other proprietary rights to the Application, including but not limited to the design, artwork, logos, functionality, and documentation relating thereto (collectively, the “RhinoSaaS Property”). You may not: (i) copy, modify, or reverse engineer any part of the Application or any RhinoSaaS Property (except to the extent such restriction is prohibited by applicable law); (ii) rent, sell, lease, distribute, provide on a service bureau basis, or otherwise use the Application for the benefit of any third party; or (iii) remove or otherwise alter any proprietary notices or labels from the Application or any portion thereof. The names, logos or trademarks of any third-party companies and products mentioned on the Application (including, without limitation, RhinoSaaS Affiliates) may be the trademarks of their respective owners.
(b) Subject to the terms and conditions hereof, RhinoSaaS hereby grants you a limited, revocable, non-sublicensable license to display the RhinoSaaS Property (excluding any software code) solely for personal, non-commercial use in connection with viewing the Application or other uses which are expressly permitted by RhinoSaaS in writing. Notwithstanding such permitted uses and license, you acknowledge that all derivative designs and artwork which utilize the Service’s logo, Rebillia, or other RhinoSaaS Property (collectively, “Derivative Works”) are the sole property of RhinoSaaS. No other rights are granted to you with respect to the RhinoSaaS Property other than those rights granted explicitly herein, including with respect to any Derivative Works.
(c) Any text, images, or other audiovisual information posted on the Service by a user (collectively, “User Content”) shall belong to the user that posted such User Content. You may use any User Content posted by you in any other way without restriction. You may only use User Content posted by others in the ways described in this Agreement.
(d) In order to operate the Service, RhinoSaaS needs the right to make certain uses of your publicly posted User Content (for example, you may provide RhinoSaaS with User Content to enable us to send communications on your behalf to your customers regarding their subscription billing). Therefore, when you post User Content on the Service, you agree that RhinoSaaS may use and make available such User Content, solely as reasonably necessary to provide the Service to you. By posting User Content to the Service, you hereby represent and warrant that you have the right to post that User Content and to grant the foregoing rights to RhinoSaaS. In addition, you agree that RhinoSaaS may use your name and logo to identify you as a RhinoSaaS customer on its website or in other sales or marketing materials (provided that RhinoSaaS will not issue any press release regarding your use of the Service without your prior consent). In addition, you acknowledge that RhinoSaaS may (i) internally use (but not disclose) information and data collected by RhinoSaaS regarding your use of the Service to create Aggregated Anonymous Data (as defined below), and (ii) may freely use and make available Aggregated Anonymous Data. “Aggregated Anonymous Data” means merchant-level information and data that is in an aggregated, anonymized form, and which can in no way be specifically linked to you or to any of your customers.
(e) RhinoSaaS reserves the right to remove any content (including, without limitation, User Content) from the service, at its sole discretion.
(f) If you or any of your personnel send or transmit any communications or materials to us suggesting or recommending changes to the RhinoSaaS Property, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (collectively, the “Feedback”), we are free to use such Feedback free from any obligation, notice, or acknowledgment to you. By using the Application, you agree to assign to us all right, title, and interest in, and that we are free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
(g) RhinoSaaS respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to RhinoSaaS’s copyright agent:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
(vi) RhinoSaaS’s agent for notice of claims of copyright or other intellectual property infringement can be reached by email at email@example.com.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Application will not infringe the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content posted in this Application infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
- Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Application without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
- Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE APPLICATION FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS APPLICATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES WITHIN AND ON THIS APPLICATION, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES WITHIN, ON OR PROVIDED BY THIS APPLICATION MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING THEREFROM, INCLUDING, BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Application, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS APPLICATION, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS APPLICATION FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
You understand and agree that temporary interruptions of the services available through this Application may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Application, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on or through this Application are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APPLICATION OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS APPLICATION.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS APPLICATION OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS APPLICATION, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Application and your employees’, contractors’, customers’, or agents’ use or misuse of the Application. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Security and Password
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
- Participation in Promotions
From time to time, this Application may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products within this Application. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.
- E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, “Communications”) available to users of our Application, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
- Arbitration Agreement.
You agree that any and all disputes or claims that have arisen or may arise between you and us, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), our website, any advertising, any aspect of your relationship with us relationship, or any transaction between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this arbitration agreement. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE AND YOUR USE OF OUR APPLICATION, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION; YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. Arbitration shall be administered exclusively by the American Arbitration Association (“AAA”) and shall be conducted in Atlanta, Georgia consistent with the rules of the AAA in effect at the time the arbitration is commenced, except as may be modified by mutual signed writing. Any arbitral award determination shall be final and binding.
- International Use
Although this Application may be accessible worldwide, we make no representation that materials on this Application are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Application from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Application is void where prohibited. You represent, warrant, and agree that you will comply with all applicable federal laws, regulations, and rules and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Application or any customer data outside the United States.
- Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Application immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Application. We shall not be liable to you or any third party for any claims or damages arising out of any termination, suspension, or any other actions taken by us in connection with such termination or suspension.
- Governing Law
This Application is controlled by us from our offices within the State of Georgia, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of the State of Georgia, by accessing this site both of us agree that the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Georgia with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service, if by email, or by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
- Entire Agreement
- Force Majeure
In addition to any excuse provided by applicable law, in no event shall we be liable to you for any failure or delay in performing our obligations if such failure or delay is caused by any circumstances beyond our reasonable control, including but not limited to acts of God, flood, fire, earthquake, pandemics, explosion, war, terrorism, invasion, riot, or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
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