Terms of Service
By using the Tender.io web site (“Service”), or any services of SkyXoft Technologies, Inc. you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
SkyXoft reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.tender.io/terms
Violation of any of the terms below will result in the termination of your Account. While SkyXoft prohibits such conduct and Content on the Service, you understand and agree that SkyXoft cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Human readable summary: You should read this whole document, because it is a contract and you are bound by the whole contract. However, we like having plain language which summarizes some of the important terms:
- You pay us monthly for Tender. We give you the first month free.
- We get to terminate this agreement at any time, for any reason. (Basically, if some bad apple is in danger of spoiling everyone’s use of the service, we need the legal cover to shoot first and ask questions to their lawyers later.)
- We’ll happily refund any payment you make within 30 days of you making it, and you can cancel your use of the service at any time. These are your only guarantees that the service will be to your liking. If something goes wrong, we’ll refund your money but we won’t pay you anything you haven’t paid us.
- Phone calls, text messages, and email are not appropriate for certain types of private communications. We can’t do anything about that — it is how the systems work. You promise that you have thought this through and will only use Tender for appropriate communications.
- You promise not to break any laws in using the service.
- American health care providers take note: We are not American lawyers and we don’t know whether your use of the service would be appropriate under HIPAA. If you’re not sure whether you can use this or not, don’t use it until you have a chat with your lawyer. We can’t give legal advice other than “We can’t give legal advice!”
Description of Service and Parties:
Tender is a service consisting of an automated means of sending email, text messages, and phone calls to parties who have elected to receive them on Your behalf. Tender can be accessed through our website, automated telephone system, text (SMS) messages, and through such automated means as we may provide to you.
You may not use the service if you are under 13 years of age.
Description of Agreement:
These terms of service are available online at https://www.tender.io/terms. We may update them at any time, with no notice to you. Continuing to use the service after we have updated them constitutes acceptance of the new Terms of Service.
In return for your use of the service, You agree to pay SkyXoft a monthly fee, in advance, for your use of the service. The monthly fee depends on which subscription plan you sign up for, and is disclosed prominently on the Pricing page and the interface of the website. SkyXoft hereby agrees to waive the monthly service fee for the first month of your use of the service. If you do not cancel your account within one month of creating it, SkyXoft will charge your credit card for the next month’s monthly service fee on the anniversary date of your account creation, or (if that date does not occur in the given month) on the last day of the month. You will be charged thereafter on a monthly basis.
There are several subscription levels. The level you subscribe to determines what features of Tender you may use, and how much of some particular features you may use (a quota). SkyXoft reserves the right to change subscription level features, quotas, and pricing at any time, with or without notice. SkyXoft pledges that, in the case of quotas and pricing, if a change would be detrimental to you, SkyXoft will allow you to continue with your previous quota/pricing for a period of at least six months from the date you are notified of the change. SkyXoft specifically does warrant that all features currently in the software will continue to be in the software indefinitely. Quota has no value, does not accrue over time, and is not refundable if not used.
Intellectual Property Rights:
All rights in Tender, the website, and related documentation are owned and/or licensed by SkyXoft. You are hereby granted a non-exclusive right to make use of the service, and (if appropriate) to interoperate with the service through such mechanisms as we may provide for you to do so, in consideration of your payment of the monthly service fee. Your license to use the service does not entitle you to ownership of the underlying intellectual property.
You are forbidden from:
- Using the service in a manner contrary to the law.
- Using the service in any manner which disrupts SkyXoft’s operations or any other users’ use of the service.
- Using the service to contact someone with whom you do not have a pre-existing commercial relationship.
- Importing, entering, or storing contact details in the service for any person from whom you do not have explicit consent to record contact details.
- Knowingly using the service to record information about, or contact, anyone under 13 years of age.
Taking any forbidden action with the service immediately terminates your license to use the service.
Termination Of Service:
SkyXoft may terminate your use of the service at any time, for any reason. SkyXoft may deny anyone use of the service at any time, for any reason. You may cancel your use of the service at any time, either through the service itself or by sending an email to firstname.lastname@example.org. Regardless of which party terminates the use of the service, unused time immediately expires, and is not eligible for a refund except as described below.
SkyXoft offers full refunds on request for up to 30 days past the transaction date. Refunds after that period will be at the sole discretion of SkyXoft.
Limitation Of Liability:
THE SERVICE IS SOLD “AS IS” AND “WITH ALL FAULTS”. SKYXOFT MAKES NO WARRANTY THAT IT IS FREE OF DEFECTS OR IS SUITABLE FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SKYXOFT BE RESPONSIBLE FOR LOSS OR DAMAGES ARRISING FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING THAT THEIR USE OF THE SOFTWARE IS IN ACCORDANCE WITH THE LAW OF THEIR JURISDICTION.
SkyXoft makes commercially reasonable attempts to protect the privacy of data you enter into the service. This includes encryption of data in between You and the service, commercially reasonable efforts to secure the machines the service operates on, and legal and technical means to restrict access to data to only persons authorized by You or SkyXoft. SkyXoft does not warrant that these measures will necessarily satisfy any particular legal requirement in your jurisdiction. SkyXoft will not expose data which you enter to other parties with the following exceptions:
- SkyXoft will, in the ordinary course of service, transmit data regarding phone calls and text messages to Twilio, a service which SkyXoft has contracted with to provide phone calls and text message services to You.
- SkyXoft will, in the ordinary course of service, transmit data regarding emails to SendGrid, a service which SkyXoft has contracted with to provide outgoing email capabilities to You.
- SkyXoft will obey lawful instructions to disclose information issued by any competent jurisdiction.
- SkyXoft will obey lawful instructions to disclose information, about any party which you record information about or contact, to their own persons, their legal representatives, or their guardians, on proof to SkyXoft’s satisfaction about their identity. SkyXoft will likewise correct or remove information on file about them at their request.
SkyXoft expressly disclaims confidentiality of any information which is transmitted via telephone, text message (SMS), or email. It is an unavoidable aspect of these methods of communication that information included in them can be intercepted and recorded by third parties, including parties other than those you intend the information to be received by. You understand and acknowledge this, and hold SkyXoft harmless for any disclosure of information included contained in or used to address a phone call, email, or text message. You further understand and acknowledge that these methods of communication are not appropriate for all uses. You are solely responsible for ensuring that your communications and use of the service are appropriate, including that they satisfy privacy laws in your jurisdiction, including but not limited to health, education, and consumer privacy laws.
Service Level Agreement:
SkyXoft does not warrant that your access to the service will be uninterrupted. SkyXoft does not warrant that communications you schedule for delivery for the service will be delivered or that they will be delivered in a timely manner.
SkyXoft will make commercially reasonable efforts to respond to all inquiries within 24 hours. Your use of Tender does not entitle you to support in real time or support via any particular communications channel, including over the telephone, except at SkyXoft’s sole discretion.
SkyXoft may offer you the opportunity to purchase a separate Service Level Agreement, for an additional fee, as a separate contract.