Projjex - Terms of Service for Projjex Web Collaboration and Project Management Software

Projjex™ Terms of Service

By using the projjex.com and my.projjex.com web sites and services (“Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Glassey Technologies Inc. (GTI), the owners of the Projjex™ services, reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at www.projjex.com/info/terms.aspx.

Violation of any of the terms below will result in the termination of your access to the Services. You understand and agree that GTI cannot be responsible for the Content posted on the Projjex™ website and you may be exposed to such materials. You agree to use the Services at your own risk.

In order to be entitled to use the Services, you must comply with the following:

• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as
. many people as you'd like.
• You are responsible for maintaining the security of your account and password. GTI cannot and will not be liable for any loss or damage from
. your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have
. accounts under your account).
• You may not use the Services for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your
. jurisdiction (including but not limited to copyright laws).

Clients may access their Projjex™ account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Projjex™, is bound by the terms of this agreement plus the following specific terms:

• You expressly understand and agree that GTI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages,
. including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GTI has been advised of the possibility
. of such damages), resulting from your use of the API or third-party products that access data via the API.
• Excessively frequent requests to Projjex™ via the API may result in the temporary or permanent suspension of your account's access to the API.
. GTI, in its sole discretion, will determine excessive usage of the API. GTI will make a reasonable attempt via email to warn the account owner prior
. to suspension.
• GTI reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without
. notice.

For payment, refunds, upgrading or downgrading, the following specific terms apply:

• A valid credit card is required for paying accounts.
• You will be billed the balance of the current month starting on the day after your account was initially created and thereafter billed monthly on the
. first day of each month.
• The Services are billed in advance. Refunds will be provided for partial months of services when you cancel your account or downgrade your
. service level on the day following the cancellation or downgrade request. No refunds or credits will be provided for any period prior to the date of
. your cancellation or downgrade request, whether or not you actively used the Projjex™ services.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies,
. or duties.
• For any upgrade in plan level, your credit card that you provided will automatically be charged the new rate on the day following your upgrade
. request.
• Downgrading your Services may cause the loss of Content, features, or capacity of your Account. GTI does not accept any liability for such loss.

For cancellation or termination, the following specific terms apply:

• You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation.
. You can cancel your account at any time by: signing into Projjex™, clicking on “Settings” at the top right corner of the screen, clicking on the “My
. Account” tab, and clicking the link called “Cancel my account”.
• All of your Content will be immediately deleted upon cancellation. This information can not be recovered once your account is cancelled.
• If you cancel the Services before the end of your current paid up month, you will be provided a refund based on the remaining days in the month
. starting on the day after your request, your cancellation will take effect immediately, and you will not be charged again. If you cancel the Services
. on the last day of your current paid up month, your cancellation will take effect immediately, and you will not be charged again.
• GTI, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, for any
. reason at any time. Such termination of the Services 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. GTI reserves the right to refuse services to anyone for any reason at any time.

GTI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Services, are subject to change upon 30 days notice from GTI. Such notice may be provided at any time by posting the changes to the Projjex™ Site. GTI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

GTI claims no intellectual property rights over the material you provide to the Services. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. GTI does not pre-screen Content, but GTI has the right (but not the obligation) in its sole discretion to refuse or remove any Content that is available via the Services. The Projjex™ Site and all Services are subject to copyright protection, and with the exception of posted Content, GTI owns all copyright in and to its Site, the Services, and all content contained. All rights are reserved by GTI, and you may not duplicate, copy, or reuse any portion of the Projjex™ Site, the Services or the content thereof without express written permission from GTI.

The following general conditions apply to the Services, without limiting the foregoing:

• Your use of the Services is at your sole risk. The services is provided on an “as is” and “as available” basis.
• Technical support is only provided to paying account holders and is only available via email.
• You understand that Projjex™ uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage,
. and related technology required to run the Services.
• You must not modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services or Projjex™
. or GTI.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services
. without the express written permission of GTI.
• We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful,
. offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these
. Terms of Service, provided that GTI’s failure to do so will not transfer your liabilities to GTI, nor reduce or eliminate your obligation of
. indemnification of GTI as set out herein.
• You understand that the technical processing and transmission of the Services, including your Content, may be transferred unencrypted and
. involve (a) transmissions over the internet or various networks; and (b) changes to conform and adapt to technical requirements of connecting
. networks or devices.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• If your bandwidth usage exceeds the average bandwidth usage (as determined solely by GTI) of other Projjex™ Clients, we reserve the right to
. immediately disable your account or reduce your file hosting until you can reduce your bandwidth consumption.
• GTI does not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free,
. (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, services, information,
. or other material purchased or obtained by you through the Services will meet your expectations, and (v) any errors in the Services will be
. corrected.
• You expressly understand and agree that GTI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages,
. including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GTI has been advised of the possibility
. of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services
. resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from
. the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Services;
. (v) or any other matter relating to the Services.
• You irrevocably agree to indemnify and save harmless GTI in the event of any violation by you or anyone authorized by you to use the Services
. of any of the Terms of Service or of the Projjex™ Privacy Policy.
• The failure of GTI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
. The Terms of Service constitutes the entire agreement between you and GTI and govern your use of the Services, superceding any prior
. agreements between you and GTI (including, but not limited to, any prior versions of the Terms of Service.