License

This software is licensed to you as "Sureshake Content" under the following Agreement or other written agreement between you and Sureshake governing your use of Sureshake services, and the Sureshake Intellectual Property License.

Sureshake Customer Agreement

Last Updated: January 1, 2025

This Sureshake Customer Agreement (this "Agreement") contains the terms and conditions that govern your access to and use of the Services (as defined below) and is an agreement between Sureshake Corporation ("Sureshake," "we," "us," or "our") and you or the entity you represent ("you" or "your").

This Agreement takes effect when you click an "I Accept" button or check box presented with these terms or, if earlier, when you use any of the Services (the "Effective Date"). You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor).

1. Sureshake Responsibilities

1.1 General

You may access and use the Services in accordance with this Agreement. Service Level Agreements and Service Terms apply to certain Services.

1.2 Third-Party Content

Third-Party Content may be used by you at your election. Third-Party Content is governed by this Agreement and, if applicable, separate terms and conditions accompanying such Third-Party Content.

1.3 Security

We will implement reasonable and appropriate measures designed to help you secure Your Content against accidental or unlawful loss, access or disclosure.

1.4 Data Privacy

We will not access or use Your Content except as necessary to maintain or provide the Services, or as necessary to comply with the law or a binding order of a governmental body.

2. Your Responsibilities

2.1 Your Accounts

You will comply with the terms of this Agreement and all laws, rules and regulations applicable to your use of the Services. To access the Services, you must have a Sureshake account associated with a valid email address and a valid form of payment.

2.2 Your Content

You are responsible for Your Content. You will ensure that Your Content and your and End Users' use of Your Content or the Services will not violate any of the Policies or any applicable law.

2.3 Security and Backup

You are responsible for properly configuring and using the Services and otherwise taking appropriate action to secure, protect and backup your accounts and Your Content.

3. Fees and Payment

3.1 Service Fees

We calculate and bill fees and charges monthly. You will pay us the applicable fees and charges for use of the Services as described on the Sureshake website using one of the payment methods we support.

3.2 Taxes

Each party will be responsible for identifying and paying all taxes and other governmental fees and charges that are imposed on that party upon or with respect to the transactions and payments under this Agreement.

4. Temporary Suspension

4.1 Generally

We may suspend your or any End User's right to access or use any portion or all of the Services immediately upon notice to you if we reasonably determine your use poses a security risk, could adversely impact our systems, or could be fraudulent.

5. Term; Termination

5.1 Term

The term of this Agreement will commence on the Effective Date and will remain in effect until terminated under this Section 5.

5.2 Termination

You may terminate this Agreement for any reason by providing us notice and closing your account. We may terminate this Agreement for any reason by providing you at least 30 days' advance notice.

6. Proprietary Rights

6.1 Your Content

Except as provided in this Section 6, we obtain no rights under this Agreement from you to Your Content. You consent to our use of Your Content to provide the Services to you.

7. Indemnification

7.1 General

You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any losses arising out of or relating to any third-party claim concerning your use of the Services.

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS." WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

9. Limitations of Liability

9.1 Liability Disclaimers

Neither Sureshake nor you will have liability for indirect, incidental, special, consequential or exemplary damages, even if advised of the possibility of such liability.

10. Modifications to the Agreement

We may modify this Agreement at any time by posting a revised version on the Sureshake website or by otherwise notifying you. The modified terms will become effective upon posting or as stated in the notification.

11. Miscellaneous

11.1 Assignment

You will not assign or otherwise transfer this Agreement without our prior written consent.

11.2 Entire Agreement

This Agreement is the entire agreement between you and us regarding the subject matter of this Agreement.

11.3 Governing Law

This Agreement is governed by the laws of the State of Delaware, without reference to conflict of law rules.

12. Definitions

"Account Information": means information about you that you provide to us in connection with the creation or administration of your Sureshake account.
"Content": means software, data, text, audio, video, images or other content.
"End User": means any individual or entity that directly or indirectly through another user accesses or uses Your Content.
"Services": means the services made available by us, including our websites, APIs, and software.
"Your Content": means Content that you or any End User transfers to us for processing, storage or hosting by the Services.

Ready to Accept?

By clicking "I Accept", you agree to be bound by the terms of this Agreement.

Questions?

If you have any questions about this Agreement, please contact us at legal@sureshake.com