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Terms of Service

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Terms of Service

Hi! Congratulations on being the sort of person who reads terms of use. We applaud you. Below, you’ll see the terms and conditions (“Terms of Use”) to which you must agree if you’re going to use any of Sadevio LLC;s services. Our lawyers wrote that, and that’s the stuff that counts. We’ve also provided some plain language wording – how I’d explain it to someone that didn’t have the time to read and digest the whole thing. I hope it helps you make sense of this document, so that you can understand what you’re consenting to. Thanks for joining the Sadevio community!

Effective as of: January 10, 2017

You agree that this agreement complies with the terms of any applicable electronic documents legislation, including the requirement that this agreement is in writing, and is capable of being retrieved, reviewed, printed and stored for further use.

Welcome to the Sadevio website, an online service designed and offered by Sadevio LLC. These Terms of Use are intended to explain our obligations as a service provider and your obligations as a user and subscriber. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

If you use this website, you are agreeing to be bound by these Terms of Use without any modification or qualification. IF YOU ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF OPERATING OUR SERVICE, UNLESS EXPRESSLY SET OUT IN THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. If for any reason you are unable to meet all the conditions set forth in these Terms of Use, or if you breach any of the Terms of Use contained herein, your permission to use Sadevio or access any of Sadevio’s Services (defined below) immediately lapses and you must destroy any materials downloaded or printed from the Sadevio website.

Sadevio LLC offers a number of Additional Services each with their own Terms of Service (“Specific Additional Service Terms”) applicable in addition to these Terms of Use. When you use an Additional Service, you will be subject to the Specific Additional Service Terms. Note that if these Terms of Use are inconsistent with the Specific Additional Service Terms, those Specific Additional Service Terms will control. See Section X below.

Sadevio LLC reserves the right to modify or change these Terms of Use at any time without giving prior notice. We shall, however, notify you of significant changes by posting an announcement on the Site. Your use of Sadevio is subject to the most current Terms of Use posted on the Site at such time. The most current version can be reviewed by clicking “Terms of Use” hyperlink at the bottom of our Site pages.

A. Definitions

The following terms shall have the following meaning throughout the Terms of Use.

  1. “Agreement” or “this agreement” refers to these Terms of Use.
  2. “Applicable law” refers to the laws currently in force in the State of California, USA which shall govern this agreement.
  3. “Site” means this website, all related webpages, and all related websites operated by affiliates or divisions of Sadevio LLC, but does not include any third party websites which are linked to or may link from this website whether or not such third party websites are used in connection with the Services.
  4. “Service” and “Services” refer to the online financial services and other small business–related services and Support offered through Sadevio from time to time.
  5. “Subscriber” refers to any person who maintains an account with us and utilizes our Services.
  6. “Support” means technical support and assistance provided to users by Sadevio LLC.
  7. “Sadevio”, “we”, “us” and “our” shall refer to Sadevio LLC. and all its affiliates and subsidiaries.
  8. “Sadevio” means the Site and all mobile applications and other applications which provide access to the Services offered by Sadevio LLC and its affiliates from time to time.
  9. “Sadevio Parties” includes Sadevio, its affiliates, subsidiaries, partners, service providers, suppliers and contractors and each of their respective officers, directors, agents, and employees.
  10. “You” and “user” shall refer to any person who visits the Site or uses Sadevio and includes a subscriber and its employees and visitors.

B. General

Sadevio LLC grants you a non-exclusive, non-transferable limited license to use Sadevio and related resources in accordance with these Terms of Use. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.

You agree that any notices, disclosures, agreements and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.

Electronic Delivery

By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your Account and your use of the Service. Communications include but are not limited to:

  1. agreements and policies, such as this Agreement and our Privacy Policy, including updates thereto;
  2. annual disclosures;
  3. transaction receipts or confirmations;
  4. communication in relation to delinquent accounts (which may also be by phone, and may be made by Sadevio LLC or by anyone on its behalf, including a third party collection agent);
  5. Account statements and history;

We will provide these Communications to you by emailing them to you at the primary email address listed in your Account registration, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature.

By giving your consent, you are confirming that you are able to receive, open, and print or download a copy of any Communications for your records. It is important for you to retain copies of Communications because they may not be accessible in your Account at a later date.

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by contacting us through Customer Support or as outlined in our Privacy Policy. If you withdraw your consent to receive Communications electronically, Sadevio LLC may deny your registration for an Account, restrict or close your Account, or charge you additional fees for paper copies.

Other Information You Provide Us

While using the Services, we may also collect information from you about someone else. If you provide us with personal information about someone else, you are obligated to ensure that you are authorized to disclose that information to us, and that we, without further action, may collect, use, and disclose that information for the purposes described in this policy.

Sadevio LLC may require you to assist with any requests by the individual to access or update their information, and you agree to do so.

C. Conditions of Usage

You agree to use Sadevio and the Services for the purposes that they were intended and only in accordance with the terms of this agreement.

If you register an account, you agree, represent and warrant that you will provide us with true, current, complete and accurate information requested in the registration form and from time to time in connection with your use of Sadevio. Your registration for any of Sadevio constitutes consent to use any personal information which you provide us in such registration for the purposes set out in our Privacy Policy and for all uses ancillary thereto for which your consent may reasonably be implied. You also will select a username and password. You are responsible for keeping your user name, password, account details, and all information required in connection with your use of Sadevio (e.g. employee information, visitor information) confidential and up to date. If you are not the business owner and are registering an account on behalf of a business, you represent and warrant that you have been authorized and directed by your business’s principals to open the account and that you have shared all user names, passwords and access credentials with other authorized representatives in your business and that you have provided us with the business contact information of at least one other person. If you leave the business and your business’s principal contacts us we may be required to provide access to the Sadevio account. You agree to hold harmless and release the Sadevio Parties from any liability if we do so.
Furthermore, you are entirely responsible for any activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to hold harmless and release the Sadevio Parties from any loss or liability whatsoever that you may incur as a result of someone other than you using your username, password or account, either with or without your knowledge. You agree to indemnify the Sadevio Parties for any damages, third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your account, whether or not you were directly or personally responsible.

D. Software Notice

In the event that a user is required to download or use software in connection with the Services, he or she shall be unable to download and access such software unless he or she first agrees to the license agreement relating to such software. Use of any such software is governed by these Terms of Use and any such license agreement.

 

E. Copyrights, Trademarks and Intellectual Property

Sadevio LLC and its licensors and suppliers own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, web page designs, web page layouts, images, text, tools, utilities and software that make up the Services, but excluding your data and information which you provide to us or input using Sadevio and the Services. The technical procedures, processes, concepts and methods of operation that are inherent within Sadevio constitute trade secrets. The usage of our Services does not constitute a sale or transfer of any intellectual property rights to the users. Without any prejudice to the foregoing, any information or data entered using Sadevio by a user or otherwise provided for accessing Sadevio on the user’s behalf shall at all material times remain the property of the user. The user hereby grants to Sadevio LLC a worldwide, perpetual, royalty free, nonexclusive right and license to use all content provided by the user in connection with Sadevio and the Services for uses related to the delivery of the Services.

Materials on and relating to Sadevio, including the content of Sadevio and any software downloaded from Sadevio, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your user content and data, Sadevio LLC reserves all rights in and to such materials. The subscriber will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Services or any of the materials or software or any part of Sadevio or any content therefrom without Sadevio LLC’s express written consent. You will also take all reasonable steps to forestall any unauthorized use, copying or transfer of materials on or relating to Sadevio.

Notwithstanding the above, you may, subject to the following conditions, use individual screen displays (screenshots) which you generate as a subscriber using the Services. Your use of screenshots is subject to the following:

  1. No screenshot may be used from any beta version of Sadevio unless it has been commercially released to the public;
  2. the use is for illustrative purposes;
  3. the use may not imply any endorsement or affiliation by or with Sadevio LLC;
  4. the screenshot does not contain any commentary which may appear to have been attributable to us;
  5. the screenshot does not contain any third party content; and
  6. the use does not infringe on any of these terms of use.

Sadevio LLC has rights to several trade-marks which it uses in connection with the operation of Sadevio. Sadevio LLC does not grant the users any right or license to use the Sadevio LLC trade-marks or any logo, trade-name or other intellectual property other than as expressly set out herein and in other licenses between you and us.

F. Prohibited Use

The users shall access the information stored using the Services for lawful purposes only and may not use such information for the purpose of committing or furthering fraudulent acts or for committing any acts that would give rise to both or either civil and criminal liability.

The users agree not to publish, post, upload, distribute, provide or enter any material or information that is illegal, unlawful or can be regarded as fraudulent, libelous, malicious, threatening, offensive, profane, obscene, fanning ethnic or racial tensions, immoral or any such information which any reasonable person would consider objectionable on grounds of good conscience.

No user shall use any means to restrict or prevent another user from accessing or enjoying Sadevio.
No user shall be permitted to upload material into Sadevio that he or she ought to know infringes on the intellectual property of others, or upload material that places unnecessary load as to affect the performances of our websites, systems and equipment. You may not use Sadevio and the Services in a manner which could block access to, impair, damage or otherwise disable Sadevio or any of our servers. You may not attempt to gain unauthorized access to Sadevio or to any other user’s accounts, computer systems or networks through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any and all materials uploaded are subject to applicable laws.

No user shall lease, sell, pledge, sublicense, assign or otherwise deal with the software belonging to Sadevio in a manner that is inconsistent with our intellectual property rights over the software.

No user shall promote any commercial interest, falsify or delete any information on Sadevio, collect personal information without express authority to do so, violate any applicable laws, create a false identity or utilize Sadevio under false pretences.

G. Limitation of Liability

THE SUBSCRIBERS AND THE USERS HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SADEVIO PARTIES FROM ANY AND ALL MANNER OF RIGHTS, LOSSES, COSTS, CLAIMS, COMPLAINTS, DEMANDS, DEBTS, DAMAGES, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY LOST PROFIT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (COLLECTIVELY, A “CLAIM”) WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH (I) THIS AGREEMENT; (II) THE USE OF SADEVIO AND ITS SERVICES AND ANY RELATED APPLICATIONS INCLUDING THE  THIRD PARTY SERVICES; (III) THE USE OF ANY SOFTWARE RELATED TO SADEVIO; (IV) VIRUSES, SPYWARE, SERVICE PROVIDER FAILURES OR INTERNET ACCESS INTERRUPTIONS; (V) LOSS OF USE, LOSS OF DATA, ERROR, INACCURACY OF DATA, PAYMENT FAILURE, PAYMENT DEFECT, INACCURATE CALCULATIONS (EXCEPT AS OTHERWISE SET OUT HEREIN), DOWNTIME, IDENTITY THEFT, FRAUD OR UNAUTHORIZED ACCESS; OR (VI) ANY INFORMATION, DOCUMENT, MATERIALS, TOOLS, UTILITIES, PRODUCT OR DATA THAT RELATING TO THE USE OF SADEVIO AND THE SERVICES; WHETHER SUCH CLAIM IS BASED IN CONTRACT OR TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, OR SUCH CLAIM WAS REASONABLY FORESEEABLE AND NOTWITHSTANDING THE SUFFICIENCY OR INSUFFICIENCY OF ANY REMEDY PROVIDED FOR HEREIN OR IN ANY LICENSE.

FOR GREATER CERTAINTY, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, SADEVIO AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, MISUSE, ERROR, OR LOSS OF DATA ARISING FROM SUCH ACCESS AND USE.

EXCEPT IN THE MANNER PROVIDED FOR IN THESE TERMS OF USE, SADEVIO LLC, ITS LICENSEES, AFFILIATES, AND THIRD PARTY SERVICE PROVIDERS, DISCLAIM, AND EXPRESSLY DO NOT PROVIDE ANY DIRECT OR INDIRECT, EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY AS TO TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR MERCHANTABILITY OR MERCHANTABLE QUALITY; OR THAT SADEVIO, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY WILL: (I) BE FIT OR SUITABLE FOR ANY SPECIFIC PURPOSE OR INTENDED USE; (II) MEET THE USERS’ REQUIREMENTS AND EXPECTATIONS; (III) BE UNINTERRUPTED, FLAWLESS, TIMELY, ACCURATE, RELIABLE, SECURE OR ERROR FREE, OR; (IV) BE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SADEVIO AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND YOU AGREE TO USE SADEVIO, THE SERVICES, ANY THIRD PARTY SERVICES AND ONLINE SERVICES, AND ANY CONTENT, MATERIALS, TOOLS, UTILITIES, SOFTWARE AND FUNCTIONALITY RELATED TO SADEVIO AT YOUR OWN RISK. YOU AGREE TO DETERMINE THE SUITABILITY OF SADEVIO AND SERVICES FOR YOUR INTENDED USE AND AGREE TO VERIFY ALL RESULTS OBTAINED USING SADEVIO AND THE SERVICES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 IN CONNECTION WITH ANY RELEASE PROVIDED BY YOU IN THESE TERMS OF USE, INCLUDING THE FOREGOING, WHICH SECTION STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

H. Termination of Service

Sadevio LLC may terminate this agreement and your use of Sadevio at any time and for any reason with reasonable notice to you and without notice if you breach any of these terms or we suspect you of fraud or suspect that your Account has been compromised in any way. Subscribers may use Sadevio on an at-will basis until the agreement has been terminated by either party pursuant to the terms of this agreement or any related license agreement. You may also terminate this agreement by following the “Close your Sadevio Account” instructions found on your Account page. In the case of a company, upon an order or a resolution being passed for the purposes of winding up the business activities other than for the purposes of amalgamation, merger or reconstruction or upon a composition agreement being made with the creditors.

Upon such termination, you must immediately cease using Sadevio indefinitely. We may at our option immediately block your access to Sadevio.

I. Ownership and Disclosure of Information

You own all of your business’s private data, content and all information which you enter and use in connection with the Services. We do not claim any rights, proprietary or otherwise over any data or information which you may use or disclose in connection with the Service and Sadevio. Notwithstanding the above, there may be circumstances in which we may be required to disclose data, such as the following:

  1. For the purposes of fraud prevention and law enforcement;
  2. To comply with any legal, governmental or regulatory requirement;
  3. To our lawyers in connection with any legal proceedings; and
  4. To comply with a court order.

If we are required to disclose your data or information, we will use our best efforts to provide you with reasonable notice in the circumstances and if appropriate the right to challenge any such request. Sadevio LLC’s Privacy Policy sets out in greater detail how we strive to protect your privacy and limit disclosure of your personal information.

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