Thank you for visiting Westernetwork. Together with the Privacy Policy, these Terms of Service are a contractual Agreement between Westernetwork and our users, so please read them carefully before accessing or using software. In consideration of the mutual promises contained in this Agreement, you and Westernetwork agree as follows:
The “Agreement” refers to these Terms of Service (the “Terms”), our Privacy Policy, and all other operating rules, policies, and procedures that we may publish periodically on the Website. “Software”, “we,” and “us” refer to Westernetwork, doing business as software services, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees. The “Service” refers to the Website and online products provided by Westernetwork. The “Website” refers to Software’s website located at Westernetwork.com, all subdomains of Westernetwork.com such as app.Westernetwork.com, and all content, services, and products provided by Westernetwork at or through Westernetwork.com and its subdomains. “User”, “you ,” and “your” refer to the individual person, company, or organization that has visited or is using the website or service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. “Authorized Users” refer to users and the Westernetwork personnel that Users authorize to access our service. A “Subscription” is (a) an online order for the Service completed and submitted by you through this website and accepted by Westernetwork or (b) another written agreement or purchase order for the service accepted by both you and Westernetwork. The “Subscription Date” refers to (a) the date you submit your online order through the website or (b) the date you accept an agreement that is ultimately accepted by both you and Westernetwork.
2.DESCRIPTION
Westernetwork’s mission is to transform software development by analyzing data across the stack to quantify the craft of development. Features and functionality are as described on our website on the Subscription Date, as such features and functionality may change periodically. We operate our service on our providers’ hosting servers to enable Authorized Users to access and use our service via the web. By using or accessing any part of our service, you are representing that you have the capacity and authority to enter into this agreement and are consenting on behalf of yourself and/or as an authorized representative of your company, as applicable, to be bound by this agreement.
3. ACCOUNT TERMS
3.1 Access to Services
Westernetwork distributes the service online. You are solely responsible for providing, installing, and maintaining at your own expense all equipment, facilities, and services necessary to enable Authorized Users’ access and use of the service through the interface, including, without limitation all computer hardware, software, and Internet access.
3.2 User Account Security
You are solely responsible for tracking and for ensuring the security and confidentiality of all user identifiers and passwords. Software has no liability with respect to any use or misuse of such identifiers or passwords, and any use other than as provided in this Agreement will be considered a breach of this Agreement by you.
Westernetwork has implemented commercially reasonable, industry-standard technical and organizational measures designed to secure your data from accidental loss and from unauthorized access, use, alteration, or disclosure. Each hosting provider for the service has or will have similar contractual obligations to Software. Westernetwork does not represent that it meets the standards for operational compliance or certification in any specific area, including any government or industry-association requirements.
4. ACCEPTABLE USE
4.1 Compliance with Laws and Regulations
You will use commercially reasonable efforts to ensure, through proper instructions and enforcement actions, that all access to and use of the Service by you or Authorized Users, or otherwise through your facilities, equipment, identifiers, or passwords, will conform to this Agreement and will be made and used solely for proper and legal purposes, and will be conducted in a manner that does not violate any law or regulation, the rights of any third party, or this Agreement.
4.2 Conduct Restrictions
No provision of this Agreement includes the right to, and you will not, directly or indirectly:
Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service Take any action that imposes, or may impose at Software’s discretion, an unreasonable or disproportionately large load on Software’s infrastructure Knowingly upload invalid data, viruses, worms, or other software agents through the Service Enable any person or entity other than Authorized Users to access and use the Service or Technology Modify or create any derivative work based upon the Service or Technology Engage in, permit, or suffer to continue any copying or distribution of the Service or Technology Reverse engineer, disassemble, or decompile all or any portion of, or attempt to discover or recreate the source code for, any software that is part of the Service or Technology Access the Service in order to build a competitive solution or to assist any third party to build a competitive solution Remove, obscure, or alter any proprietary notice related to the Service or Technology Engage in, permit, or suffer to continue any use or other activity that is not expressly authorized under this Agreement by any person or entity within your control. In the event you violate any of the terms in this section, in addition to any other remedies available at law or in equity, Westernetwork will have the right, in its discretion, to immediately suspend your and Authorized Users’ use and access to the Service.
5. SERVICE PERIOD
This Agreement will commence on the Subscription Date and, unless terminated early in accordance with Section 7, continue for the number of months or year(s) specified in the Subscription as measured from the Subscription Date (the “Initial Period”).
If you are using a Paying Plan, this Agreement will automatically renew for successive renewal periods of the same duration of the Initial Period (each, a “Renewal Period”) unless one party gives notice of termination or non-renewal. The Initial Period and all subsequent Renewal Periods are collectively the “Service Period.”
If you are using the Service under a Free Plan, this Agreement will be deemed month-to-month and either party will be free to not renew, or to terminate, this Agreement immediately upon notice to the other.
7.1. Account Cancellation
It is your responsibility to properly cancel your account with Westernetwork Equipments. You can cancel your account at any time by going into your account settings or talk to our respective sales person.
7.2. Upon Cancellation
Any and all rights granted to you with respect to the Service and Technology, and any and all rights granted to Software with respect to your data, will terminate on the effective date of termination. You agree return to Software any and all Confidential Information of Software in your possession or control. Software will have no obligation to provide the Service to you or Authorized Users after the effective date of the termination. You will pay to Westernetwork any amounts payable for your and Authorized User’s use of the Service through the effective date of the termination, together with all other amounts in accordance with Section 6.
Westernetwork only obligation with respect to any electronic information transmitted or received by you or Authorized Users in relation to use of the Service is to promptly delete or destroy any information that is stored in the Service database on the effective date of termination upon your request. You acknowledge that the duration of the retention of such information is determined by the terms of the applicable Free Plan or Paying Plan. In addition, you acknowledge that although information in the Service database will be deleted from its transaction servers, Westernetwork may retain such information stored on automatic backup archiving systems during the period such backup or archived materials are retained under Software’s customary procedures and policies.
7.3. Software May Terminate
Westernetwork may terminate this Agreement immediately upon notice to you if you breach any provisions in the Agreement, in order to comply with applicable laws or regulations, or if you default in the timely payment of any amounts due Software under a Paying Plan.
Excluding scheduled maintenance windows, Software will use commercially reasonable efforts to maintain 99.8% availability of the hosted portion of the Service for each month during the term of this Agreement. The Service will be deemed “available” so long as Authorized Users are able to login to the Service interface and access data.
If you are under a Paying Plan, Software will provide in-product and email support (“Support”). Although no response times are guaranteed, Westernetwork will use commercially reasonable efforts to respond to such support requests within 48 hours. Westernetwork may delegate the performance of certain portions of the Support to third parties, but will remain responsible to you for delivery. In the event any Support is not performed with reasonable skill, care, and diligence, Software will re-perform the Support to the extent necessary to correct the defective performance, and you acknowledge that re-performance will be your sole and exclusive remedy for any defective performance.
Subject to this Agreement, Westernetwork will make the Service available to you and Authorized Users during the Service Period, and Software hereby grants to you, during the Service Period, a non-exclusive, non-transferable, limited right to enable Authorized Users to access and use the Service through the interface and the Website, and to access and use Software’s technical and operations documentation and Agents in support solely for your internal, business use.
You acknowledge that your and each Authorized User’s access and use of the Service are subject to Software’s Privacy Policy which is incorporated into this Agreement by reference. Software may delegate the performance of certain portions of the Service to third parties, but will remain responsible to you for delivery. Software may in its discretion modify, enhance, or otherwise change the Service.
You understand and agree that we will not be liable to you or any third party for any damage, injury, or loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential, or exemplary damages, however arising, that result from:
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy described in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
These limitations will not apply to damages arising out of a party’s failure to comply with its confidentiality obligations, indemnification obligations, or payment obligations to Westernetwork Equipments. Except for their respective indemnity and confidentiality obligations, in no event will either party, their affiliates, directors, employees, or licensors be liable to the other party or any authorized user for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the fees you paid to Westernetwork Equipments.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the non-breaching party has been advised of the possibility of such damage. The above limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
10.1. Complete Agreement
These Terms of Service, together with the Privacy Policy, represent the complete and exclusive statement of the Agreement between you and Westernetwork Equipments. This Agreement supersedes any proposal or prior agreements, oral or written, and any other communications between you and Software relating to the subject matter of these terms.
If any information posted on the Website conflicts with any provision of this Agreement, the applicable provision of this Agreement will control. Any terms and conditions of any other arrangement issued by you in connection with this Agreement, which are in addition to, inconsistent with, or different from the terms and conditions of this Agreement, will be of no force or effect. Any affiliate of yours will be deemed a third party for purposes of this Agreement. This Agreement can only be modified only by a written arrangement duly executed by authorized representatives of the parties.
CONTACT US
If you have any questions or concerns about these Terms of Service, please email us at info@westernetwork.com.