These Terms of Service (the "Terms" or this "Agreement") cover your use of the services CustomScripts, Inc. ("CustomScripts") provides, including the websites at https://customscripts.io and https://app.customscripts.io (the "Site"), the web application at the service at https://api.customscripts.io (the "API"), the APIs, the documentation associated with any CustomScripts software, and any other software or services offered by CustomScripts in connection with any of the above services (collectively, the "CustomScripts Services" or the "Services"). You must agree to the Terms in order to use the Services. Your use of the CustomScripts Services indicates your acceptance of and agreement to the Terms. CustomScripts will treat your use of any portion of the Services as acceptance of, and agreement to, the Terms from that point on. The CustomScripts Services are available only to individuals who are at least 18 years old and to companies that are appropriately licensed and otherwise legally permitted to conduct business. You represent and warrant that, (a) if you are an individual, you are at least 18 years old, and (b) if you are a company, that (i) you are appropriately licensed and legally permitted to conduct business and (ii) the individual accepting these terms on your behalf is authorized to do so. You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. CustomScripts may make changes to the Terms from time to time. If the Terms change in any substantive way, CustomScripts will provide notice of the latest change date at the top of this document. CustomScripts will provide at least seven (7) days' notice before the changes take effect, during which period of time you may reject the changes by stopping all use of and access to the CustomScripts Services and, (if you have a Dashboard account) terminating your account. This Agreement incorporates CustomScripts' Privacy Policy, which is currently located at https://www.customscripts.io/legal/privacy ("Privacy Policy").
Use of Services
License to CustomScripts Services. Subject to these Terms, CustomScripts grants to you a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the CustomScripts Services during the Term (as defined below). All rights not expressly granted by CustomScripts hereunder remain the sole property of CustomScripts.
Use of CustomScripts Services. You will be solely responsible for all use of the CustomScripts Services accessed by you or anyone associated with your account, and you shall ensure that all such use is in accordance with this Agreement. You will be solely responsible for all acts and omissions of your representatives, consultants, contractors, subcontractors, or agents who are authorized by CustomScripts or you to use the CustomScripts Services. You will take all reasonable precautions to prevent unauthorized access to or use of the CustomScripts Services and will immediately notify CustomScripts in writing of any unauthorized access to or use of the CustomScripts Services of which you become aware. In particular, you will ensure that any network connections made to the CustomScripts Services are made with TLS version 1.2 or higher.
Customer Data
You will ensure that CustomScripts is entitled to use any data, information or material provided, submitted, or otherwise made available by you or on behalf of you to CustomScripts in the course of using or accessing the CustomScripts Services ("Customer Data") as needed to provide you with the functionality of the CustomScripts Services. You understand and agree that CustomScripts' Privacy Policy shall apply to all Customer Data. CustomScripts may collect, retain, use, and disclose data and other information about you, including but not limited to Customer Data, subject to the terms of CustomScripts' Privacy Policy. If you are an EU data subject (as defined under the EU General Data Protection Regulation ("GDPR")), you shall ensure that Customer Data does not include sensitive personal data (as defined under the GDPR). You acknowledge and agree that CustomScripts may use Customer Data to improve your use of the CustomScripts Services and may use aggregated and anonymized Customer Data to improve the CustomScripts Services generally. You also acknowledge and agree that CustomScripts may access, preserve, and disclose your account information and other Customer Data if required to do so by any applicable law or if CustomScripts in good faith believes that such access, preservation, or disclosure is reasonably necessary to: (i) comply with any applicable legal process; (ii) enforce this Agreement; (iii) respond to claims that any Customer Data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of CustomScripts, its customers, and/or users and/or the public. In no event shall CustomScripts or its designees have any liability or obligation to you in connection with exercising any rights set forth in this section.
Survival
Upon termination of these Terms or your access to the CustomScripts Services, any provision that by its nature or express terms should survive will survive, including but not limited to provisions related to intellectual property rights, disclaimers, limitations of liability, indemnification, and governing law.
Force Majeure
CustomScripts shall not be held liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, embargoes, government orders, failure of suppliers, or power outages.
Changes to the Terms
CustomScripts reserves the right to modify or replace these Terms at any time. If a revision is material, CustomScripts will provide at least seven (7) days’ notice before the new terms take effect. By continuing to access or use the CustomScripts Services after revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, you must stop using the Services.
No Third-Party Beneficiaries
These Terms are solely between you and CustomScripts. No third party shall have any rights to enforce any terms contained in this Agreement.