Last Revised: August 29, 2024
Welcome to Classified Billing! By accessing or using any component of our software and services (collectively, the “Service” or “Product”), you agree to be bound by these Terms of Service (the “Terms”). These Terms constitute a legal agreement between you (“User,” “Customer,” or “You”) and Classified Billing (“Classified Billing,” “we,” “our,” or “us”). If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms.
1. Introduction
1.1 Service Description
Classified Billing offers a suite of business management tools, including but not limited to invoicing, financial reporting, and data management functionalities (the “Product”). This Product includes software applications, mobile apps (coming soon), and related services that enable businesses to efficiently manage their billing and financial operations.
1.2 Acceptance of Terms
By using the Product, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree with these Terms, you must not access or use the Product. We may update these Terms from time to time, and your continued use of the Product constitutes acceptance of any such changes.
2. Your Account
2.1 Account Creation
To use certain features of the Product, you must create an account. You agree to provide accurate, complete, and up-to-date information during the registration process and to update such information to keep it accurate, complete, and up-to-date.
2.2 Account Security
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account information.
3. License and Use
3.1 License Grant
Subject to your compliance with these Terms, Classified Billing grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Product solely for your internal business purposes.
3.2 Restrictions
You may not:
- Rent, lease, sublicense, or transfer any part of the Product.
- Modify, adapt, reverse engineer, decompile, disassemble, or create derivative works of the Product.
- Use the Product in any manner that could harm, disable, overburden, or impair our servers or networks.
- Use the Product to develop any product or service that competes with our Product.
- Interfere with the security of the Product or attempt to gain unauthorized access to any part of the Product.
- Transmit any malware or harmful code through the Product.
4. Usage Plans, Fees, and Payments
4.1 Usage Plans
Classified Billing offers different usage plans, including:
- Free Trial Plan: Provides full access to the Product features for a specified trial period.
- Paid Subscriptions: Offers full access to the Product features for a specified term.
- Custom Plans: Available for enterprise-level solutions with tailored features and pricing.
4.2 Fees and Billing
- Fees for Paid Subscriptions and other services are outlined in our pricing page or as detailed in your order terms.
- Payments are due in advance of the service period. All fees are non-refundable except as expressly stated.
- You are responsible for paying all applicable taxes and fees associated with your use of the Product.
4.3 Beta Releases
From time to time, we may provide access to new features or services on a beta basis. These beta features are provided “as-is” and may not be fully functional. We do not guarantee that any beta features will be made generally available or that they will be free of defects.
5. Support and Updates
5.1 Support Services
We provide support services through email, live chat, and our online help center. Support availability and response times may vary based on your plan and support package.
5.2 Updates
We may release updates to improve the Product or to address issues. Updates are governed by these Terms unless otherwise stated. We do not guarantee that updates will be available or that they will meet your specific needs.
6. Data Management
6.1 Customer Data
- You retain ownership of all data and content that you submit to the Product (“Customer Data”).
- You grant us a worldwide, non-exclusive, royalty-free license to use, copy, store, and display Customer Data as necessary to provide the Product and to comply with our legal obligations.
6.2 Data Security
- We implement reasonable measures to protect Customer Data from unauthorized access or disclosure. However, no method of transmission over the internet or electronic storage is completely secure.
6.3 Data Retention and Deletion
- We will not intentionally delete Customer Data before the end of your subscription term.
- Upon termination of your subscription, Customer Data may be deleted unless required by law.
7. Compliance and Responsibilities
7.1 Compliance with Laws
You agree to use the Product in compliance with all applicable laws and regulations, including data protection and privacy laws.
7.2 Prohibited Activities
You must not use the Product to:
- Engage in illegal activities or violations of any applicable regulations.
- Transmit or store any data that is unlawful, infringing, defamatory, or harmful.
- Conduct fraudulent or deceptive activities.
8. Intellectual Property
8.1 Ownership
All intellectual property rights in the Product, including software, technology, and documentation, are owned by Classified Billing and its licensors.
8.2 Feedback
Any feedback or suggestions you provide regarding the Product may be used by us to improve the Product. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use such feedback.
9. Termination and Suspension
9.1 Termination by You
You may terminate these Terms by ceasing all use of the Product and deleting your account.
9.2 Termination by Us
We may terminate or suspend your access to the Product:
- If you breach these Terms and fail to remedy the breach within a specified period.
- For any reason, including if we cease offering the Product.
9.3 Effect of Termination
Upon termination, you must stop using the Product and delete any associated software. We may delete your Customer Data unless otherwise required by law.
10. Disclaimers and Limitations of Liability
10.1 Disclaimer of Warranties
The Product is provided “as-is” without warranties of any kind, express or implied. We disclaim all warranties, including implied warranties of merchantability and fitness for a particular purpose.
10.2 Limitation of Liability
- We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Product.
- Our total liability for any claim arising under these Terms will not exceed the amount paid by you for the Product in the six months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Classified Billing and its affiliates from any claims, liabilities, damages, and expenses (including legal fees) arising out of:
- Your use of the Product.
- Any breach of these Terms.
- Your Customer Data.
12. Confidentiality
12.1 Confidential Information
You may receive confidential information from us. You agree to protect this information with the same degree of care that you use to protect your own confidential information and not to disclose it except as required by law.
13. General Terms
13.1 Governing Law
These Terms are governed by the laws. Any disputes will be resolved in the courts.
13.2 Assignment
You may not assign these Terms or any rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms.
13.3 Force Majeure
We are not liable for any failure to perform our obligations due to events beyond our reasonable control, including natural disasters, war, or technical failures.
13.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.
13.5 Entire Agreement
These Terms constitute the entire agreement between you and Classified Billing regarding the Product and supersede all prior agreements.
14. Data Processing Addendum (DPA)
14.1 Introduction As part of our commitment to GDPR compliance, Classified Billing provides a Data Processing Addendum (DPA) for customers who handle data originating from the European Union (EU). This DPA is incorporated into these Terms of Service by reference and outlines our responsibilities as a data processor under the GDPR.
14.2 Scope The DPA applies to all personal data that is subject to the GDPR and that is processed by Classified Billing on behalf of our customers as part of providing the Service. It sets out the specific terms regarding the processing of such data, ensuring that both parties meet their obligations under the GDPR.
14.3 Our Responsibilities Classified Billing acts as a data processor on behalf of our customers (the data controllers) for the purposes of GDPR. We commit to processing personal data in accordance with the instructions provided by our customers and the requirements of the GDPR.
Key commitments include:
- Data Security: We implement appropriate technical and organizational measures to protect personal data from unauthorized access, use, or disclosure.
- Data Transfers: We ensure that any transfers of personal data outside the European Economic Area (EEA) are done in compliance with the GDPR, using mechanisms such as Standard Contractual Clauses (SCCs).
- Subprocessors: We may engage subprocessors to assist in providing the Service. We ensure that any subprocessors we use are bound by contractual terms that offer the same level of data protection as those in our DPA.
- Data Subject Rights: We assist our customers in responding to requests from data subjects to exercise their rights under the GDPR, such as access, rectification, or erasure of their personal data.
- Data Breach Notification: In the event of a personal data breach, we will notify our customers without undue delay and provide sufficient information to help customers meet their own notification obligations under the GDPR.
14.4 Customer Responsibilities As a data controller, our customers are responsible for ensuring that the personal data they collect and process using the Service is done in compliance with the GDPR. This includes obtaining any necessary consents from data subjects and providing appropriate notices regarding the processing of their data.
14.5 Limitations Due to resource constraints, we are unable to sign individual customer DPAs. However, our standard DPA is designed to fully comply with GDPR requirements and is automatically incorporated into these Terms of Service.
14.6 Review and Updates We may update the DPA from time to time to reflect changes in our processing activities or to comply with new legal requirements. Any such updates will be communicated to our customers in accordance with the terms of the DPA and these Terms of Service.
Contact Information
For any questions or concerns regarding these Terms, please contact us.
