the terms and conditions stated herein (collectively, this “agreement”) constitute a legal agreement between you (the “customer”) and managed by Spirula Systems, by using or receiving any goods or services supplied to the customer by the company and downloading, installing or using any associated software or mobile or tablet application supplied by the company, the purpose of which is to enable the customer to use the service (collectively, the “software”), the customer hereby expressly acknowledges and agrees to be bound by the terms and conditions of this agreement, and any future amendments and additions to this agreement.
the company reserves the right to modify the terms and conditions of this agreement or its policies relating to the service or software at any time, effective upon posting of an updated version of this agreement, the customer is responsible for regularly reviewing this agreement. continued use of the service or software after any such changes shall constitute the customer’s consent to such changes.
by using the software or services, the customer expressly represents and warrants that it has full power and authority to enter into this agreement. by indicating acceptance of this agreement on the customer’s behalf, you represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts, and that you are authorized by the customer to enter into this agreement on its behalf. the customer may not authorize others to use its user status, and it may not assign or otherwise transfer its user account to any other person or entity. when using the software or services, the customer agrees to comply with all applicable laws while using the software or services.
by entering into this agreement and using the software or services, the customer agrees to defend, indemnify and hold the company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, managers, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) the customer’s violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein; (b) the customer’s violation of any rights of any third party, including providers of cleaning services arranged via the service or software, or (c) the customer’s use or misuse of the software or service.
the company reserves the right to (i) modify or discontinue, temporarily or permanently, the service (or any part thereof) and (ii) refuse any and all current and future use of the service, suspend or terminate your account (any part thereof) or use of the service, for any reason, including if the company believes that the customer has violated this agreement. the company shall not be liable to the customer or any third party for any modification, suspension or discontinuation of the service. the company will use good faith efforts to contact the customer to warn it prior to suspension or termination of its account by the company.
the company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of any the services available or software. the company makes no representation, warranty, or guarantee as to the reliability, quality, suitability, availability or timely delivery of goods and services purchased through any of the services provided by the company. the company does not represent or warrant that (a) the use of the service or software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the services or software (including any cleaning services as well as other services) will meet the customer’s requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any services, information, or other material purchased or obtained through any service (including any cleaning services) will meet the customer’s requirements or expectations, (e) errors or defects in any service or software will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. the service, software and products purchased through the service are provided strictly on an “as is” basis. all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. the customer acknowledges and agrees that the entire risk arising out of its use of the software, service and any products purchased through the service, remains solely with the customer, to the maximum extent permitted by law.
in no event shall the company’s aggregate liability exceed the amounts actually paid by and/or due from the customer in the six (6) month period immediately preceding the event giving rise to such claim. in no event shall the company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, loss of data, revenue, profits, use or other economic advantage). the company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by the customer, including by not limited to loss, damage or injury arising out of, or in any way connected with the services, software or products purchased through the service, even if the company and/or its licensors have been previously advised of the possibility of such damages.
the company may introduce the customer to third party providers for the purposes of providing services. the company will not assess the suitability, legality or ability of any third party providers and the customer expressly waive and release the company from any and all any liability, claims or damages arising from or in any way related to the third party service provider. the company will not be a party to disputes, negotiations of disputes between the customer and such third party providers. responsibility for the decisions the customer makes regarding services offered via the software or service (with all its implications) rests solely with you. the company will not assess the suitability, legality or ability of any such third parties and the customer expressly waives and releases the company from any and all liability, claims, causes of action, or damages arising from the customer’s use of the software or service, or in any way related to the third parties introduced to the customer by the software or service.