Terms of Service
Last updated September 1, 2017
The following terms and conditions (this “Agreement”) govern Customer’s acquisition and use of Sparkcentral’s services. The “Services” include any software, data, information or documentation provided by Sparkcentral to Customer pursuant to this Agreement. If and to the extent that Customer registers for a free trial for Sparkcentral’s services, this Agreement will also govern that free trial. This Agreement includes and incorporates the provisions of any Order Forms executed by the parties (the “Order Form”). Any capitalized term used but not defined in this Agreement shall have the meaning assigned to it in the Order Form.
If Customer is entering into this Agreement on behalf of a Company or other legal entity, Customer represents that it has the authority to bind such entity and its affiliates to these terms and conditions, in which case the term “Customer” shall refer to such entity and its affiliates. If Customer does not have such authority, or if Customer does not agree with these terms and conditions, Customer must not accept this Agreement and may not use the Services.
Sparkcentral reserves the right to update and change the Agreement from time to time without notice; provided, however, that Sparkcentral will endeavor to provide Customer with prior notice of any material changes. Any new features that change the current Services, including the release of new tools and resources, shall be subject to this Agreement. Continued use of the Services after any such changes shall constitute Customer’s consent to such changes. Customer can review the most current version of this Agreement at any time here.
1.SERVICES AND SUPPORT
1.1. Provision of Services. Subject to the terms and conditions of this Agreement and the applicable Order Form, Sparkcentral will use reasonable efforts to provide Customer the Services and hereby grants Customer a non-exclusive and limited-term license, under Sparkcentral’s applicable intellectual property rights and licenses, to access and use the Services during the Term solely for the purposes described on the Order Form, except for (i) planned downtime (of which Sparkcentral will give at least 8 hours electronic notice and which Sparkcentral will schedule to the extent practicable during the weekend hours between 6:00 p.m. Friday and 3:00 a.m. Monday Pacific time), and (ii) any unavailability caused by circumstances beyond Sparkcentral’s reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, strike or other labor problem (other than one involving Sparkcentral’s employees), Internet service provider failure or delay, or denial of service attack.
1.2. Support Services. Subject to the terms hereof, Sparkcentral will use reasonable efforts to provide Customer with either Gold Support or Platinum Support services specified on the Order Form and described on Exhibit A of this Agreement.