Terms of Service

Last updated: January 15, 2019

BlitzIQ ("Us" or "We") provides the www.blitziq.com website and various related services (collectively, the "Website") to you, the User, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Service"), as well as any other written agreement between us and you.

In addition, when using particular services or materials on this Website, Users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

These Terms of Service are effective as of January 15, 2019. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Service from time to time and to familiarize yourself with any modifications.Your continued use of this Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

We reserve the sole right to either modify or discontinue the Website, including any of the Website’s features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Website shall also be subject to these Terms of Service.

Content Ownership and Responsibility

For purposes of these Terms, “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. Content provided by Users is called “User Content.” BlitzIQ's only right to User Content is the limited licenses to it granted in these Terms. Content includes without limitation User Content.User Content is the User’s sole responsibility. You, and not BlitzIQ, are responsible for maintaining and protecting all User Content.  BlitzIQ will not be liable for any loss or corruption of User Content, or for any costs or expenses associated with backing up or restoring any User Content. We likewise have no responsibility or liability for any loss or damage your User Content may cause to you or other entities or people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.

Billing

Customer agrees to pay all fees in U.S. dollars within thirty (30) days of the invoice date, unless a different currency or payment period is specified in the applicable Order Form. BlitzIQ's fees are exclusive of all taxes, and Customer must pay any applicable sales, use, VAT, GST, excise, withholding or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of BlitzIQ. Customer will make tax payments to BlitzIQ to the extent amounts are included in BlitzIQ's invoices. Some customers may have the option to pay by credit card. If Customer is paying by credit card, it authorizes BlitzIQ to charge fees and other amounts automatically to Customer’s credit card without invoice. BlitzIQ may use third-party payment processing companies, such as Stripe, to collect payments for the Services. Unless otherwise specified in an Order Form or Service-Specific Term, such charges typically occur monthly in advance, though overage fees (if any) may be charged in arrears. Payments are non-refundable and non-creditable and payment obligations non-cancellable. Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law.

Intellectual Property

All custom graphics, icons, logos, and service names used on the Website are registered trademarks, service marks, and/or artwork held under copyright of BlitzIQ or its Affiliates. All other marks are property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of BlitzIQ or its Affiliates.

These Terms do not grant you any right, title, or interest in the Services, Software (as defined below), or the content in the Services. We value our users' feedback, but we may use any feedback, comments, or suggestions you provide to us without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the BlitzIQ trademarks, logos, domain names, or other brand features. The Services are for the Users’ use only. You may not resell, lease or provide them in any other way to anyone else.

Indemnification

Customer will indemnify and hold BlitzIQ harmless from and against any third-party claims and related costs, damages, liabilities and expenses (including reasonable attorney’s fees) arising from or pertaining to any Customer Data, Customer Property (including services or products provided through such property), or breach or alleged breach of Section 6 (Customer Obligations). Customer also agrees to defend  against these claims at  request, but BlitzIQ may participate in any claim through counsel of its own choosing and the parties will reasonably cooperate any defense. Customer must not settle any claim without BlitzIQ's prior written consent if the settlement does not fully release BlitzIQ from liability or would require BlitzIQ to admit fault, pay any amounts or take or refrain from taking any action.

Termination

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the U.S. without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the U.S..