Terms of Service
Last Updated: January 31, 2023
1. Software Subscription
Subject to these Terms, during the subscription term as defined in your applicable Order, CARET will provide you with access to the CARET Software for your internal business purposes. Access is limited to designated users specified in your subscription. Any prior licenses terminate upon execution of a new agreement.
2. Payments
All fees are non-refundable unless otherwise specified in your Order. Payment terms include:
- Automatic ACH or credit card transactions as specified in your Order
- Invoice disputes must be raised within 60 days of the invoice date
- A $35 fee applies to returned payments
- Past-due accounts accrue interest at 1.5% per month
3. Payment Processing (CARET Pay)
Payment processing services are provided through Payrix Solutions, LLC. CARET does not warrant the performance of third-party payment processors. Availability of payment processing features varies by customer and subscription level.
4. Technical Support
Standard technical support covers CARET Software issues only. The following are excluded from standard support:
- Third-party applications and integrations
- Network and infrastructure problems
- Software versions released more than 12 months prior
Support is available via chat, email, phone, and remote access during business hours.
5. Professional Services
Work outside standard support requires a separate Statement of Work agreement. Professional services are billed at prevailing hourly rates as specified in the applicable Statement of Work.
6. Data Ownership & Intellectual Property
Regarding data and intellectual property:
- You retain ownership of all Client Data you input into the system
- CARET retains all intellectual property rights in the software
- CARET may use anonymized, aggregated data for analytics and product improvement
- Confidentiality obligations bind all authorized recipients
- Data deletion occurs 30 days following subscription termination
7. User Access & Termination
User access and termination terms include:
- Concurrent user access (sharing login credentials) is prohibited
- Non-solicitation obligations apply for 12 months following the subscription term
- Accounts more than 15 days past due are subject to suspension
- Termination for cause requires a 60-day cure period
- Early termination fees equal the remaining unpaid subscription amount
8. Acceptable Use Policy
The following uses are prohibited:
- Any illegal activity or promotion thereof
- Intellectual property infringement
- Assigning credentials to multiple users
- Commercial data extraction or scraping
- Reselling or sublicensing access to the service
9. Service Availability
CARET targets 99.9% monthly service availability. This target excludes scheduled maintenance windows, which will be communicated in advance when possible.
10. Limitation of Liability
CARET's total liability is capped at the fees paid during the six-month period preceding the claim. CARET shall not be liable for indirect, incidental, special, consequential, or punitive damages.
11. Governing Law & Disputes
These Terms are governed by California law. Any disputes require mediation in San Diego before litigation. CARET may audit user compliance with these Terms. Export control laws apply to all cross-border data transfers.
Contact Us
For questions about these Terms, please contact us at billing@caretlegal.com.
CARETLa Jolla, California