camelotsoftware.com TERMS OF SERVICE
Welcome to Camelot Software! We invite you to use, enjoy, and benefit from Camelot Software, but please note that your invitation is subject to your agreement with these Terms of Service (“Terms”), so please read them carefully. These Terms govern your use of the camelotsoftware.com platform and all products and services connected to the camelotsoftware.com platform, including, but not limited to the Camelot Software desktop application license, Camelot Mobile Server application, related mobile applications, websites, website hosting, Camelot technical support, training, consulting, design (collectively “Services”), provided by S Group Marketing LLC (“Company”).
ACCEPTANCE OF TERMS
This Terms of Service document (“Terms”) is an agreement You must accept in order to use Company’s Services. If You do not agree with these Terms, then You do not have the right to use the Company’s Services. If You do install, purchase, register or otherwise use our Service it shall be constituted as your acceptance of the Terms and willingness to be a party to this binding contract.
This is a legal agreement (“Agreement”) between You and S Group Marketing LLC (“Company”), for use of the Services. “You” and “Your” is defined as any person or entity who either uses Services (whether in a free trial period or after payment) or purchases Services. “You” can be more than one person–e.g. two spouses or three business partners. The Camelot License Holder (“Licensee”) is the individual or entity who is listed on the payment method used for paying for the Services. “Users” are the Licensee, the Licensee’s employees, subcontractors, and professional IT vendor (if any).
If You are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In that case, the terms “You” or “Your” shall also refer to such entity, its staff, vendors (e.g. IT personnel), and its affiliates, as applicable. If you do not have such authority, or if you do not agree with the Terms, You may not use the Service. You acknowledge that this is a contract between you and S Group Marketing LLC, even though it is electronic and is not physically signed by you and S Group Marketing LLC, and it governs your use of the Service.
Violation of any of the Terms may result in the termination of your account.
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that camelotsoftware.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
If any users send us any feedback, testimonials, or suggestions regarding the Service, you grant the Company an unlimited, irrevocable, perpetual, free license to use any such feedback, testimonials, or suggestions for any purpose without any obligation to you.
ACCESS TO THE SERVICES
You will receive a Camelot License Account password and account designation (“Account”) upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the Account and are fully responsible for all activities that occur under your password or account by yourself or any Users. You agree to (a) immediately notify camelotsoftware.com in writing to [email protected] of any unauthorized use of your password or Account or any other breach of security; and (b) ensure that you logout of Your Account at the end of each session.
You may not use the service for any purpose which is illegal or violates any laws in your jurisdiction, in the jurisdiction of the United States of America, or in any way that intentionally or unintentionally violates any applicable local, state, national or international law.
Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
DATA AND DATA BACKUPS
“Data” means any data and content you input, upload, post, transmit or otherwise make available via the Services including messages you send, files you upload, comments you make on files, profile information and anything else you enter or upload into the Service, including Local Data. “Local Data” means any data and content that you input or import into the Camelot Software application via the desktop application or a mobile connection via the internet, including but not limited to customer and prospect information such as names, addresses, phone numbers, email addresses, and order history. Local Data is neither stored, accessed, nor backed up online by camelotsoftware.com; rather it is stored on the computer that you designate to act as your server for Camelot Software.
The Company will not share, disclose, sell, lease, modify, delete or distribute any Local Data provided by you in any manner. The Company will also not view your Local Data except when given permission by you for the purpose of Support.
We claim no intellectual property rights over the Data you input into provide to the Service. All materials that are input, imported, or uploaded remain yours. You certify that you have the legal rights to use or access any Data you input into or via the Services.
REGARDING BACKUP: You agree that you are aware that for all computing purposes it is widely regarded as vital to always have a good data backup system in place. Company does not control the backup activity for the Service. Company expressly does NOT provide a sufficient backup system for Service or otherwise, although some backup functionality is included, which should at best be regarded as supplemental backup. You understand fully and agree that IT IS YOUR SOLE RESPONSIBILITY TO CREATE AND MAINTAIN BACKUPS of your Data AND TO ENSURE THE SECURITY of your Data.
You agree that Company may include Your business name in a list of Company’s customers, either online and/or in print and/or via electronic marketing materials (e.g. email) and/or in social media in an appropriate fashion. If you’d prefer to not have your details included please email us at [email protected]
CONDUCT ON camelotsoftware.com
You may not use the camelotsoftware.com Platform to:
- Upload, post, transmit, or otherwise make available any of Your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable
- Upload or transmit images that contain nudity, weapons, violence or drugs
- Impersonate, or misrepresent your relationship with, any person or entity
- Upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party;
You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.
We reserve the right to terminate any Account and license that is in breach of these terms.
You are not obligated to purchase any of the Services. If You elect to purchase Services, you must provide one or more credit cards, debit cards, or other Company-approved payment mechanism(s) selected by You (collectively “Payment Method”). The Services, whether one-time or subscription, are paid in advance.
You agree that the Company may charge Your Payment Method for Your Services, along with any and all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with the Services you have purchased. If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to Your Payment Method no later than the first day of the new subscription or renewal period, unless You cancel Your subscription before the relevant period begins (see “Cancellation of Account”).
Prices and availability of all Services are subject to change at any time without notice, except in the event of a pending material increase in price to Your particular Service. In that case, Company will give at least 30 days notice via email to the address You provided.
All payments authorized by you into your account are final. There is no refunding of your account regardless of whether you use the Services or not, unless you are a new customer that has been expressly granted introductory access in writing under a money-back guarantee period.
In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify camelotsoftware.com to the extent that camelotsoftware.com incurs any obligations or other liabilities in connection with such taxes.
You agree that in the event The Company is unable to collect the fees owed to the Company for the Services through your Account, the Company may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by the Company in connection with such collection activity, including collection fees and legal costs. You further agree that the Company may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
CHANGING YOUR SERVICE LEVEL
Some Services provided by camelotsoftware.com allow you to upgrade or downgrade your Service levels.
If you upgrade your service level from one package to a higher priced package, the Company will charge you thus: 1) if you pay monthly, your first payment will be the difference between the higher priced package and your current package price, whereby monies received by Company for your current package price is pro-rated based on the actual number of days until your scheduled monthly payment date. Your regularly scheduled monthly payment date will remain the same as your initial purchase date, with subsequent monthly charges at the higher package price.
If you purchase or upgrade additional services that are charged on a monthly basis, your first payment for those additional services will be the price of the additional services pro-rated based on the actual number of days until your next monthly payment date. Your scheduled monthly payment date will remain the same as your initial purchase date, with the full price of the additional services reflected in subsequent monthly charges. If you purchase additional services that are charged on an annual basis, your first payment for those additional services will be the full price of the additional service. The renewal date for such annual additional services will be the date of upgrade the subsequent year.
There are limited package downgrade options available and no refunds. Subscribers that wish to move from a higher priced package to a lower priced package must let the current service level expire then repurchase at the desired service level.
Subscribers that wish to remove additional services from their account must let the current additional services expire first then repurchase any desired additional services. No refunds are available
CANCELLATION OF ACCOUNT
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. If your account is within a commitment period, you will be obligated for the balance of your commitment. You can cancel your account by logging into the Help Center found at camelotsoftware.com and submitting a ticket with the word “Cancel” in the subject line, and containing Your notice of cancellation. To ensure no additional billing, refund requests should be submitted at least two business days prior to the scheduled renewal date. No refunds will be given for any remaining time on your subscription, nor for any payments that have processed prior to your notice of cancellation.
Upon cancellation, all of Your Data will become inaccessible from Camelot Software and other aspects of the Service.
The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
The features made available through the camelotsoftware.com Services are intended for the normal use of the software and related Support systems. Abuse of features and/or abusive behavior may result in a ban or removal of Service and/or access to Support systems. (E.g: Do not use reply-by-email address in automated systems such as Google Alerts etc. Do not auto-direct emails to a specific reply-by-email Camelot email address. You agree to *not* use profanity, shouting, or other aggressive, harassing language or behavior in communicating with any agent of the Company. You agree not spam our Support channels with multiple inquiries on the same issue within a short time period and without respect to our goal response time of one business day).
In extreme cases, we reserve the right to temporarily suspend your account if your Service usage significantly exceeds the average usage of other Service customers and/or there’s a danger that your usage of the Services is causing disruption to other users. The Company will attempt to reach out to the User before taking any action, except in rare cases where the level of use may negatively, immediately impact the performance of the Service for other customers.
The Company has a goal of providing the best possible quality Support outcomes to You, which includes the best possible speed and accuracy of resolution. As such, the Company has designed a support-request protocol (“Protocol”) for You to follow in requesting support from the Company. You agree to follow the Protocol at all times. Failure to do so can result in significant delays in receiving Support, or if Company at its sole discretion determines that You are not respecting or You are abusing the Protocol, You could lose access to Support temporarily or permanently. For You to receive Support, the User must be an active client of the Company whose billing is current and account is in good standing.
The User may designate a reasonable number of individuals who are the User’s employees, business partners, spouse or IT services vendor to contact the Company per the Protocol on the User’s behalf. This number may be limited at the Company’s sole discretion. Prior to an IT vendor receiving Support on the User’s behalf, the User must request in writing via a Camelot Help Center ticket that the IT vendor be approved to receive Support on behalf of the User.
We have analyzed thousands of Support interactions to develop our Protocol with the benefit of the User in mind. This Protocol may be modified by the Company at any time without notice. The Company is glad to deliver Support via phone; however, we have determined that in most cases handling Support via phone does *not* provide the fastest or easiest resolution, and/or most accurate Support resolution in terms of Your understanding of the solutions presented. Here is the way You should request Support:
1. First, search our Knowledge Base in the Camelot Help Center; it is found via our website, camelotsoftware.com. You understand that many common questions can be answered immediately by articles here.
2. If you can’t find your answer from your search, then submit a ticket rather than calling. Do not request a call in your ticket; an agent of the Company will happily call you if we determine at our sole discretion that a call is the best way to resolve your Support issue.
3. You agree *not* to submit multiple inquiries on the same issue, either from Yourself or another member of Your business, as this delays the Company’s ability to respond.
4. You understand that providing as many specific details as possible in Your Support inquiry facilitates the fastest and easiest resolution of your issue.
5. You understand that emailing for support is permissible but that submitting a ticket is recommended instead. This is to avoid failed email delivery, and to provide real-time visibility to the User and Your business as to the status of the inquiry and its answer.
NO RESELLING OR USE OUTSIDE OF PERMITTED TERMS
Other than using the Services as permitted under the terms and conditions of this Agreement, specific Services or software license agreements, and/or other written agreements between You and the Company, You may not resell, distribute, make any commercial use of, or use on a time-share or service bureau basis. In the event You sell your business, although you are free to do as you wish with your Data, You agree not to grant access to our Software or Services to the new owner without approval from us in writing, including but not limited to sharing passwords and transferring any computing devices that can provide access your Camelot Software installation or Services. You may request a Transfer of License, in which your rights to the Services terminates and the new owner separately enters into a new agreement, including payment responsibility, with the Company.
No agency, partnership, joint venture, employee-employer, independent contractor, or franchiser-franchisee relationship between You and Company is intended or created by these Terms of Service.
CURRENT VERSION IS ONLY LICENSED VERSION
Any upgrade to the current version of Camelot Software and its related products and Services is intended to replace all prior versions licensed to You, and so such upgrade immediately terminates your license and rights to use any prior version of Camelot Software or CleanEXEC software, unless an exception is expressly granted in writing at the time of upgrade by Company.
USE OF THIRD PARTY APPLICATIONS
Abuse or excessively frequent requests to the Service via the Help Center, phone, email, or other contact channels may result in the temporary or permanent suspension of your account. The Company, in its sole discretion, will determine abuse or excessive usage. The Company will make a reasonable attempt via email to warn the account owner prior to suspension, except in those rare cases where an immediate, negative impact is judged regarding other account holders, in which event a notice, with steps to remedy, if any, will be attempted via email at the first reasonable opportunity.
YOUR SYSTEM RESPONSIBILITY
It is Your sole responsibility to establish and maintain a compatible Computer System. “Computer System” means any and all desktop or laptop computers, network hardware (if any), including a compatible and capable router, a sufficiently fast internet connection, compatible mobile devices (if any), 3rd party hardware such as caller ID hardware etc., and 3rd party software or services (if any) such as Constant Contact, Google Maps, Microsoft Windows, Windows emulation on Macs, antivirus programs, and all of the unique combination of settings and configurations thereof.
The Company and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of the Company’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
These Terms will be governed by the laws of Robertson County, TN USA, without regard to its conflict of laws principles.
DISCLAIMER; limitation of liability
Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the Service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website and our Software and our Services for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of our Service and the Internet. ANY AND ALL SERVICES PROVIDED BY US TO YOU ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR WEBSITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE, THE SERVER(S) ON WHICH OUR WEBSITE IS HOSTED OR OUR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the Service, including but not limited to claims relating to faulty, malfunctioning or inoperable Service.
Limitation of Liability. IN NO EVENT WILL WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“INDEMNIFIED PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL INDEMNIFIED PARTIES COLLECTIVELY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR use OUR WEBSITE OR OUR MATERIALS. YOUR USE OF OUR WEBSITE AND ANY MATERIALS PROVIDED THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the Service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.
Errors. A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via our contact information provided on our “Support” page of the website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Company may change the terms of this Agreement at any time by posting modified terms on its website. Any and all rights and remedies of Company upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on Company, and the exercise of any one remedy will not preclude the exercise of any other. The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement. Notices to You may be made via either email or regular mail.
All correspondence regarding this Agreement or the terms of service contained herein must be sent to [email protected]
All text and design is copyright © 2019 S Group Marketing LLC. All rights reserved.