Welcome, and thank you for your interest in Sixa, Inc. We provide a virtual computing environment including an app that runs on your device (the "App") and software and computing resources that are hosted on our servers, as well as our associated networks, websites such as www.sixa.io, software, and services (collectively, including the App, our "Service"). These Terms of Service are a legally binding contract between the individual or entity that will be using the Service ("you") and Sixa regarding your use of the Service.
These Terms provide (as further described below) that the Service is provided to you "as is" without warranties of any kind; that Properly’s liability to you is limited; and if you reside in the United States, that all disputes between you and Sixa will be resolved by binding arbitration, which means that you agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action. Please review Section 22 for the details regarding your agreement to arbitrate any disputes with Sixa.
You represent and warrant to us that (i) your use of the Service is in compliance with all applicable laws and regulations and (ii) you have not previously been suspended or removed from the Service. If you are an organization, company, or other entity, the individual accepting these Terms represents and warrants to us that they have the authority to bind you to these Terms and agrees on your behalf to be bound by these Terms.
To use many features of the Service, you must register with Sixa. When you register, you will be required to provide us with some information about yourself such as your email address. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us at email@example.com
Service Plans. Our service plans and the associated fees are set forth at www.sixa.io/pricing.php (“Service Plans”). Some features of the Service such as the virtual computing environments are accessible only to users who select one of our Service Plans and pay the fees associated with such Service Plan to Sixa (each such user, during the period of time for which they have paid such fees, a “Subscriber”).
Computing Time. You may purchase computing time on the Service through the Subscriber dashboard. As you use each hour (or fraction thereof) of computing time on a virtual computing environment, the hourly fee set forth in your chosen Service Plan will be deducted from your remaining computing time; and if such deduction would reduce your remaining computing time below zero, you will not be able to use the virtual computing environment until you purchase additional computing time from Sixa.
Fees and Payment. By using the Subscriber dashboard to purchase computing time, you authorize Sixa to charge the associated fees for such purchase to the payment method you specify at the time of purchase. If you pay any fees with a credit card, Sixa may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. All fees are in United States dollars
No Refunds. All purchases of computing time are final and non-refundable.
When using the Service, you may transmit and receive large quantities of data. Any fees charged to you by your internet service provider, mobile carrier, or other third party service provider are your sole responsibility, even if such fees are for services (such as data transmission) that you use in connection with the Service.
If you are a Subscriber, Sixa grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App, only for the purpose of accessing and using the Service, only in object code on a compatible computing device that you own or control, only during the period of time that you remain a Subscriber, and only in accordance with these Terms. You may not distribute or modify the App. You may not interfere with or circumvent any security feature or access control mechanism of the App. You may not use the App if your use would be prohibited by any applicable law.
In the course of using Sixa’s virtual computing environment, Subscribers may transmit between the App and Sixa’s servers certain information that belongs to the Subscriber, such as the contents of the Subscriber’s documents, audio, and image files (“Subscriber Data”). We do not use Subscriber Data for any business purpose except providing the Service to Subscribers. In particular, we do not use Subscriber Data for advertising or marketing purposes, nor do we provide Subscriber Data to any third party for advertising or marketing purposes. Thirty days after you cease to be a Subscriber, or at any time thereafter, Sixa may delete your Subscriber Data.
The Service may include community features such as forums, wikis, blogs, and discussion groups (collectively, “Forums”). If you choose to upload any content such as messages, comments, reviews, photos, video, images, folders, data, text, and other works to our Forums (“User Forum Content”) you are intentionally publishing such content to be viewed by Sixa and by other users of the Forums.
License to Forum Content. You retain your copyrights and any other proprietary rights that you hold in your User Forum Content. In order to display your User Forum Content on the Forums, we need the following license from you. You hereby grant Sixa a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, display, perform, reproduce, modify for display, and distribute your User Forum Content on the Service.
Representations Regarding Forum Content. You are solely responsible for your User Forum Content and the consequences of publishing your User Forum Content. By uploading User Forum Content, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Forum Content, or have the necessary licenses, rights, consents, and permissions to authorize Sixa to use and distribute your User Forum Content as necessary to exercise the license granted by you in this section; and b. your User Forum Content, and the use of your User Forum Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Sixa to violate any law or regulation.
User Content Disclaimer. We are under no obligation to edit or control User Forum Content that you or other users post or publish, and will not be in any way responsible or liable for User Forum Content. Sixa may, however, at any time and without prior notice, screen, remove, edit, or block any User Forum Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Forums you will be exposed to User Forum Content from a variety of sources, and that User Forum Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Sixa with respect to User Forum Content. We expressly disclaim any and all liability in connection with User Forum Content. If notified by a user or content owner that User Forum Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Forum Content, which we reserve the right to do at any time and without notice.
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, including the Forums, you may contact our Designated Agent at the following address:
Any notice alleging that materials hosted or distributed on the Service infringe intellectual property rights must include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyright-protected work or other intellectual property right that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Repeat Infringers. Sixa will terminate the accounts of users that we determine to be repeat infringers.
YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national, or international law;
use the Service in any application or situation where a failure could lead to the death or serious bodily injury of any person or to widespread physical or environmental damage, including but not limited to control of (a) aircraft or other modes of human mass transportation, (b) nuclear or chemical facilities, (c) human life support systems, (d) medical equipment implanted in humans, (e) motor vehicles, or (f) weaponry systems;
upload, post, or distribute any User Forum Content or other content on the Service that is unlawful, defamatory, libelous, or that a reasonable person could deem to be profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
interfere with security-related features of the Service, including by (a) disabling or circumventing features that prevent or limit access, or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service (including the App) except to the extent that the activity is expressly permitted by applicable law;
interfere with the operation of or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other user’s Service account without permission;
sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 15) or any right or ability to view, access, or use any Material; or attempt to do any of the acts described in this Section 9, or assist or permit any person in engaging in any of the acts described in this Section 9.
The Service may contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content.
You may terminate your account on the Service at any time, for any reason or no reason, through the user dashboard or by contacting customer service at firstname.lastname@example.org. Sixa may suspend or terminate your account on the Service at any time, for any reason or no reason, with or without notice. Upon termination of these Terms, (i) you remain obligated to pay all outstanding fees, if any, that you have incurred prior to termination, and (ii) Sections 6, 7, 11, 12, and 15 through 22 of these Terms will survive.
We strive to keep our products and services up to date, and we therefore reserve the right to improve, modify, or discontinue any or all features of the Service, temporarily or permanently, at any time and without notice to you.
We reserve the right, at our discretion, to change these Terms and our Service Plans (including the associated fees) on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, you will be required to accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. If Sixa reduces the services provided under a particular Service Plan, or increases the associated fees, Sixa will inform the affected Subscribers by email or on the Service before such change becomes effective. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
The Service is owned and operated by Sixa. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code and object code), products, software (including the App), services, content, and all other elements of the Service provided by Sixa (collectively, “Materials”) are protected by intellectual property and other laws in the United States and other jurisdictions. All Materials are the property of Sixa or our third-party licensors. Sixa reserves all rights to the Materials not granted expressly in these Terms.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Sixa a non-exclusive, perpetual, irrevocable, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create and improve other products and services.
Your Indemnity. You will defend and indemnify Sixa and its officers, directors, employees, consultants, subsidiaries and agents (together, the “Sixa Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the Service; (b) your breach of these Terms, or violation of any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
Our Indemnity. If you are a Subscriber, Sixa will defend you and your officers, directors, employees, consultants, subsidiaries, and agents against any claim: (a) arising from our violation of any applicable law or regulation, or (b) alleging that the Service as provided to you by Sixa infringes a copyright or trade secret of a third party, provided, however, that Sixa will have no liability to the extent the alleged infringement arises from (i) alterations of the Service not made or authorized by Sixa, (ii) combinations of the Service with any products, services, or technology not provided by Sixa, or (iii) your failure to install and use software updates that Sixa provides to you; and in each of cases (a) and (b), Sixa will settle such claim or pay any final judgment awarded to such third party for such claim, provided that you give us: (x) prompt notice of the claim, (y) control of the defense, and (z) cooperation in the defense.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE SIXA ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SIXA ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SIXA ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT.
SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT WILL THE SIXA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SIXA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
EXCEPT AS PROVIDED IN SECTION 22.4(iii), THE AGGREGATE LIABILITY OF THE SIXA ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WILL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO SIXA FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS OR CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100 USD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 19 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Sixa agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in San Francisco, California for the purpose of litigating any dispute, and waive any objections regarding venue or inconvenient forum in such courts.
These Terms are the entire and exclusive understanding and agreement between you and Sixa regarding your use of the Service. Except as expressly permitted herein, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
This Section 22 applies to you only if (i) you are an individual who is a resident of the United States, or (ii) you are a corporation or other organization with a primary place of business located in the United States.
Generally. In the interest of resolving disputes between you and Sixa in the most expedient and cost effective manner, you and Sixa agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SIXA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Exceptions. Despite the provisions of Section 22.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Sixa will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Sixa.
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Sixa's address for Notice is: email@example.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Sixa may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Sixa must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Sixa will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Sixa in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
Fees. If you commence arbitration in accordance with these Terms, Sixa will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Sixa for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND SIXA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sixa agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications of this Arbitration Provision. If Sixa makes any future change to this arbitration provision, other than a change to Sixa's address for Notice, you may reject the change by sending us written notice within 30 days of the change to Sixa's address for Notice, in which case your account with Sixa will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
Enforceability. If Section 22.6 is found to be unenforceable or if the entirety of this Section 22 is found to be unenforceable, then the entirety of this Section 22 will be void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20 will govern any action arising out of or related to these Terms.
You can contact us by emailing us at firstname.lastname@example.org