Legal

Curbspot Terms of Service

This Curbside (Curbside Pickup) Subscription Agreement (this "Agreement") includes the AUP, Privacy Policy, SLA, and any current or future Orders (all as defined below in Section 1), and all such documents are incorporated by this reference.

Vendor provides a computer system (the "Systems"), which consists of technologies hosted on Vendor's cloud hosting providers of choice, and accessed remotely, via the cloud. The parties have agreed that Vendor will provide the Systems to Customer.

Definitions

The following capitalized terms shall have the following meanings whenever used in this Agreement.

  • "AUP" means Vendor's acceptable use policy as defined in this document.
  • "Customer Data" means data in electronic form input or collected through the System by or from Customer. The only customer data that will be persisted by CPN will be email and phone number.
  • "Order" means an order for access to the System(s).
  • "Privacy Policy" means Vendor's privacy policy, as defined at: https://www.objectedge.com/legal/privacy-policy.
  • "Systems" means Vendor's eCommerce Enablement Engine (CPN) stack.
  • "SLA" means Vendor's standard service level agreement, currently defined as 5x8 support, Monday - Friday, Eastern Standard Time.
  • "User" means any individual who uses the System on Customer's behalf.

The System

  • Use of the System. During the Term, Customer may access and use the Systems pursuant to the terms of any outstanding Order.
  • Service Levels. Vendor shall provide the remedies listed in the SLA for any failure of the System listed in the SLA.
  • Documentation. The Customer may reproduce and use the Documentation solely as necessary to support Users' use of the System.
  • System Revisions. The Vendor may revise System features and functions or the SLA at any time.

System Fees

The Customer shall pay Vendor the fee set forth in each Order (the "Subscription Fee") for each Term. The Vendor will not be required to refund the Subscription Fee under any circumstances.

Customer Data and Privacy

  • Use of Customer Data. Unless it receives Customer's prior written consent, The Vendor shall not access, process, or otherwise use Customer Data other than as necessary to facilitate the System.
  • Privacy Policy. The Privacy Policy applies only to the System and does not apply to any third-party website or service.
  • Risk of Exposure. Customer recognizes and agrees that hosting data online involves risks of unauthorized disclosure or exposure.
  • Data Accuracy. The Vendor shall have no responsibility or liability for the accuracy of data uploaded to the System by Customer.
  • Data Deletion. The Vendor may permanently erase Customer Data if Customer's account is delinquent, suspended, or terminated for 30 days or more.

Customer's Responsibilities & Restrictions

  • Acceptable Use. The Customer shall comply with the AUP.
  • Unauthorized Access. The Customer shall take reasonable steps to prevent unauthorized access to the System.
  • Compliance with Laws. In its use of the System, The Customer shall comply with all applicable laws.
  • Users & System Access. The Customer is responsible and liable for Users' use of the System.

Intellectual Property and Feedback

  • Intellectual Property Rights to the System. Vendor retains all right, title, and interest in and to the System.
  • Feedback. Vendor has not agreed, and does not agree, to treat as confidential any Feedback Customer or Users provide to Vendor.

Limitation of Liability

  • Dollar Cap. Both parties' liability arising out of or related to this Agreement will not exceed ten thousand dollars ($10,000) USD.
  • Exclusion of Consequential Damages. In no event will either party be liable for any consequential, indirect, special, incidental, or punitive damages.

For the complete and detailed terms, please contact Object Edge directly.