BusyBench Terms of Service

Welcome to BusyBench

We are very happy to see you are considering using our software to manage and grow your computer repair business. The below (“Terms”) cover your use and access to our services, client software and websites (“services”) so please take some time to read this document in full as it outlines many of our policies.

What is the BusyBench Service?
BusyBench is a software used by computer repair shops, technicians, and repair facilities around the world to better control their work environment. The service includes, but is not limited to, the following features: Dashboard, Ticketing, Invoicing, Inventory, Tasks, Leads, SLA Alerts, Customer Map, Payment Processing, Automated Billing, Billing Profiles, Calendar, Marketing, Reports, Ticket Overview, Search, Settings, Profile, and Subscriptions.

Your Generated Content
Many computer shops use our software to upload files, add customers, create invoices, etc. Your generated or stored content, data or files are yours not ours. These terms do not allow BusyBench or any of its affiliates the right to your data, other than limited rights that allow us to provide the service itself. We do not use your customer information for profit or gain. We do not share your customer’s information with other computer shops or our affiliates. Our limited rights to your data allows us to perform regular tasks like backing it up, sharing it when you ask us to and so on. Our software and services also provide many other features that are handled by our affiliates. These affiliates are well trusted third parties that will not copy, share or manipulate your data. Affiliates such as distribution networks and load balancing services allow us to provide a smooth use of the software and services as a whole.

Our Generated Content
BusyBench is protected by Copyright, Trademark, and other US and foreign laws. These terms, Trademarks, and Copyrights do not grant you any right to title or interest in BusyBench brand features, logos, colors, or marketing materials used. We appreciate any communication or feature requests, but please note we may incorporate these suggestions or features without any obligation to you. Trademark agent: Alex Spurr (843) 654-0078 - The Law Firm of Sausser & Spurr

Account Sharing Policy
We do not permit or condone the sharing of BusyBench account details with unauthorized persons or parties. Accounts should not be shared. If you share your Account Information with anyone, that other person may be able to take control of the account, and we may not be able to determine who the proper account holder is. Additionally, please be very careful when sharing encrypted notebook passwords or data in general. BusyBench makes it very easy to share content with others if needed, such as an on-site technician requesting router information. In the wrong hands this could cause damage to your organization as a whole if lost and BusyBench or its affiliates are not responsible for your negligence.

Billed Accounts
We greatly appreciate anyone that takes the time to try our software. Our free tier allows small shops to grow at their own pace and easily upgrade when needed. We will automatically bill you from the date you upgraded your account and on each periodic renewal until cancellation. No refunds. You may cancel your account at any time, however, we do not issue refunds or credits.

Service Availability
BusyBench will maintain and operate the infrastructure required for account holders to use and operate their accounts 24 hours a day, 7 days a week. BusyBench does practice regular server upgrades, maintenance and security provisions which may cause short service disruptions. BusyBench as a service is not responsible for loss of data, time, business or profit in the event of server malfunction from unforeseen events. BusyBench respectfully reserves the right to shut down or disable all services in the event of site wide data breach or compromise.

Direct Email Consent
We retain the right to contact account holders directly with account related changes, updates or security improvements. You may not “opt-out” of these emails as long as the account is active. These forms of communications are absolutely mandatory.

Account Termination
We respectfully reserve the right to suspend or end entirely a service or services as a whole at any time, at our discretion and without notice. For example we may suspend your account for violating these terms or misuse of our software. Additionally we reserve the right to terminate your account and purge any stored data if the account has not been accessed for 12 consecutive months. Any account terminations or suspensions will be handled through our support department.

Acceptable Use
You as the account holder are responsible for any active accounts, your staff, and your organization. By using our services we expect you to be responsible and treat us and other users with respect. You agree to not misuse or damage our services ("Services") or help anyone else to do so. For example,
• breach or otherwise circumvent any security or authentication measures;
• probe, scan, or test the vulnerability of any system or network;
• interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
• circumvent storage space limits;
• publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
• violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
• breach or otherwise circumvent any security or authentication measures;
• sell the Services unless specifically authorized to do so;
• Creating accounts in bulk;
• access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
• send unsolicited communications, promotions or advertisements, or spam;
• advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability, or impairment;
• violate the privacy or infringe the rights of others;
• promote or advertise products or services other than your own without appropriate authorization;
• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
• access, search, or create accounts for the Services by any means other than our publicly allowed services;
• abuse referrals or promotions to get more storage space than deserved;

BusyBench Services “AS IS”
We try our absolute best to provide the very best in support software. However there are things that no company can guarantee. To the fullest extent permitted by law, BusyBench and its affiliates, networks, distributors or suppliers make no warranties, either express or implied about the services or software as a whole. These services and features are provided “AS IS” We also disclaim and warranties of merchantability, fitness for particular purpose and non-infringement. Some disclaimers may not apply in your local area.

BusyBench Limitation of Liability
To the fullest extent permitted by law, except for any liability for BusyBench’s or its affiliates fraud, fraudulent misrepresentation, or gross negligence, in no event will BusyBench, or its affiliates, networks, distributors or suppliers be liable for: Any indirect, special, incidental, punitive, exemplary or consequential damages or, Any loss of use, data, business, or profits, regardless of legal theory. Dispute Resolution Policy Our support team will try its absolute best to resolve issues quickly and efficiently. By agreeing to these terms you accept that any dispute issues are documented informally and sent to our support team before approaching formal proceeding.

No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed. By agreeing to these terms you are agreeing to go to mediation before any lawsuit is filed. These Terms will be governed by Oregon State law except for its conflicts of law principles, unless otherwise required by mandatory law of any other jurisdiction.

Terms Modifications
We may change or revise these Terms periodically and allow public access to them. If these terms reduce your rights we will make every effort to email you an updated version of these terms. By continuing to user BusyBench or its services after terms revisions you agree to be bound by the updated and revised Terms.
Third Party or Independent Contractors
If you choose to give access to your customer information to a third party such as an independent contractor, BusyBench holds no responsibility for loss of data or breach of sensitive information. We strongly recommend NOT allowing users outside your organization access to your customer’s information.

DMCA Policy
We greatly respect the intellectual rights of others and in turn expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, BusyBench will respond expeditiously to claims of copyright infringement committed using the BusyBench service or services.

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