Terms of Service, Jobpatcher Inc.
Last updated: January 30, 2020
1. ACCEPTANCE OF OUR TERMS
1.1. These Terms of Service (“Terms”) constitute a binding contract between you and Sprout Social, Inc. (“us” or “we” or “Jobpatcher”) governing the use of and access to the products we offer in connection with a paid or trial subscription (“Products”) to you and any authorized individuals engaged by you to use the Products on your behalf (each, a “User,” and collectively, “Users”). By using or accessing the Products, or authorizing or permitting any User to use or access the Products, you accept and agree to be bound by these Terms.
1.2. If you are entering into these Terms on behalf of a company, organization, or other legal entity (“Entity”), you agree to these Terms for that Entity and represent to Sprout Social that you have the authority to bind such Entity and its affiliates to these Terms. In such case, “you” or “Customer” shall refer to such Entity and its affiliates. If you are a Customer’s User, then these Terms will apply to you to the extent they are applicable to Users. If Customer is an agency, then a User may also be an agency client as described in Section 10 (Agencies). If you do not have the authority to bind the Entity to these Terms or do not agree to these Terms, do not accept these Terms or use or access the Products.
1.3. You represent and warrant that the information you provide in registering for the Products is accurate, complete, and rightfully yours to use.
2. OUR PRODUCTS
2.1. We deliver our Products through our web applications and mobile applications (each, an “Application,” and collectively, “Applications”) available at app.sproutsocial.com, app.getbambu.com, and app.simplymeasured.com (each, a “Site”). The features and services available to you will be based on your subscription plan (“Plan”). If you signed a service order, the details of your Plan will be provided on your service order. If you purchased a Product within the Application, the details of your Plan will be set forth on the “Billing” page within the Application. The Products specifically exclude any third-party database or Third-Party Services (as defined in Section 5).
2.2. We reserve the right to modify features and functionality of our Products from time to time in our sole discretion. We will determine in our sole discretion whether any new features require additional fees. We may decide to add new features to the Products and make them generally available at no cost to Customers. We may or may not provide notice to you of changes to the Products. We will not be liable to you or to any third party for any modifications, price increases, or discontinuations of our Products.
2.3. Any additional product add-ons, including but not limited to listening, analytics, bots, or customer service, or the addition of users, profiles, groups, brand keywords, and other features or functionality you later add to an existing Plan (the “Add-Ons”) during your subscription term shall be subject to these Terms. Any time-and-materials services provided to you, such as consulting services or onboarding support (the “Professional Services”) shall also be subject to these Terms.
3. REGISTERING USERS ON OUR APPLICATION
3.1. Except as set forth in Section 10 (Agencies), you agree that you will only access our Applications for your internal business purposes and subject to these Terms. After any free trial of our Products, you will be required to register for our Application and pay a subscription fee for the use of our Products. You must pay such subscription fees on the first day of your subscription term unless otherwise specified on your service order.
3.2. If you, as a Customer, add Users to your account, you must bind each of the Users to these Terms. You are responsible for all information, data, content, messages or other materials that you or your Users post or otherwise transmit via the Applications (collectively, “Content”). You acknowledge and agree that a login may only be used by one (1) person, and that you will not share a single login among multiple people. You are responsible for maintaining the confidentiality of your login and account, and are fully responsible for any and all activities that occur under or in connection with your login or account. Except for as provided in Section 10 (Agencies), you agree that you will not trade, transfer, or sell access to your login or account to another party unless otherwise agreed to in writing by Sprout Social.
3.3. As a User, you represent and warrant that you are: (i) 18 years or older, (ii) not prohibited or restricted from having a Sprout Social account, and (iii) not a competitor of or using the Products for purposes that are competitive with Sprout Social.
3.4. You agree to use reasonable efforts to prevent unauthorized use of the Products and notify us immediately if you discover any unauthorized use through your account. You will take all necessary steps to terminate the unauthorized use and agree to cooperate with us in preventing or terminating such unauthorized use of the Products.
4. AVAILABILITY OF SERVICE
4.1. While we will use commercially reasonable efforts to keep our Applications available and accessible, the Applications may be unavailable from time to time for repairs, upgrades, routine and emergency maintenance, or other interruptions that may be out of our reasonable control, including any outages of Third-Party Services (as defined in Section 5) or any related application programming interface (“APIs”) and integrations. Interruptions of our Applications shall not serve as a basis to terminate your subscription or demand any full or partial refunds or credits of prepaid and unused subscription fees.
5. OUR USE OF THIRD PARTY INTEGRATIONS AND SERVICES
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