Terms and Conditions

Your guide to using AskBooks

At AskBooks, we're dedicated to making automation effortless. By using our platform, you agree to these terms and conditions.

Terms of Use

PLEASE READ THIS SERVICES AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY ASKBOOKS.APP INC. ("ASKBOOKS.APP"). BY CREATING A ASKBOOKS.APP ACCOUNT, YOU ("CUSTOMER") AGREE TO BE BOUND BY THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF AN ENTITY, THEN YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THE TERMS OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.

Access to the Services

Subject to Customer's compliance with the terms and conditions of this Agreement, askbooks.app grants Customer a nonexclusive, limited, personal, non sublicensable, non transferable right and license to the Services for the internal business purposes of Customer, only as provided herein and only in accordance with the Documentation.

Service Updates

From time to time, askbooks.app may provide Updates to its customers generally without additional charge, and such Updates will become part of the Services and subject to this Agreement; provided that askbooks.app shall have no obligation under this Agreement or otherwise to provide any such Updates. Customer understands that askbooks.app may make improvements and modifications to the Services at any time in its sole discretion; provided that askbooks.app shall use commercially reasonable efforts to give Customer prior notice of any major changes.

Ownership; Feedback

As between the parties, askbooks.app retains all right, title, and interest in and to the Services, and all software, products, works, and other intellectual property and moral rights related thereto or created, used, or provided by askbooks.app for the purposes of this Agreement, including any copies and derivative works of the foregoing. Any software which is distributed or otherwise provided to Customer hereunder shall be deemed a part of the Services and subject to all of the terms and conditions of this Agreement. No rights or licenses are granted except as expressly and unambiguously set forth in this Agreement.

Customer Data

askbooks.app will only access, use, and otherwise process Customer Data in accordance with the Data Processing Addendum and will not access, use, or process Customer Data for any other purpose. askbooks.app has implemented and will maintain technical, organizational, and physical measures to protect Customer Data as described in the Data Processing Addendum. Customer shall retain all right, title and interest in and to the Customer Data, including all intellectual property rights therein.

Restrictions

Customer agrees to use the Services consistent with the Acceptable Use Policy. In addition, except as expressly set forth in this Agreement, Customer shall not (and shall not permit any third party to), directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services (except to the extent applicable laws specifically prohibit such restriction); (ii) modify, translate, or create derivative works based on the Services; or (iii) remove or otherwise alter any proprietary notices or labels from the Services or any portion thereof.

Third Party Integrations

Customer acknowledges and agrees that (i) the Services may operate on, with or using Third Party Integrations, (ii) the availability and operation of the Services or certain portions thereof may be dependent on askbooks.app's ability to access such Third Party Integrations, and (iii) Customer's failure to provide adequate access or any retraction of permissions relating to such Third Party Integrations may result in a suspension or interruption of the Services.

Fees; Payment

Customer shall pay askbooks.app fees as set forth during signup. Unless otherwise specified, the Term shall renew automatically unless changed or cancelled by Customer from within the Services. askbooks.app may bill the payment method provided by Customer for renewals, changes to Customer plan, and unpaid fees, as applicable.

Term; Termination

This Agreement shall commence upon the date Customer accepts it, and expires when any subscription Terms have ended. In the event of a material breach of this Agreement by either party, the non-breaching party may terminate this Agreement by providing written notice to the breaching party, provided that the breaching party does not materially cure such breach within thirty (30) days of receipt of such notice.

Service Warranty

askbooks.app warrants that the Services shall be provided in accordance with their Documentation under normal use. In the event of a breach of this warranty, askbooks.app shall re-perform the Services as warranted; in the event askbooks.app cannot do so within a commercially reasonable period, Customer may terminate this Agreement and request a prorated refund for the unused portion of the Term.

Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE, USAGE OF TRADE, OR COURSE OF DEALING, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

Limitation of Liability

EXCEPT FOR CUSTOMER'S BREACH OF SECTION 5, IN NO EVENT SHALL EITHER PARTY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.

Free Services

askbooks.app may provide access to Free Services; use of Free Services is subject to this Agreement and any additional terms specified by askbooks.app.

Support

Subject to Customer's payment of all applicable fees, askbooks.app will provide support and maintenance as indicated based on the plan Customer selects.

Changes to the Agreement

askbooks.app may modify this Agreement and any terms incorporated by reference from time to time, by notifying Customer and posting the modified Agreement on its website. The modified Agreement will be effective thirty (30) days after notification or upon the next renewal term, whichever comes first.

Miscellaneous

This Agreement represents the entire agreement between Customer and askbooks.app with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between Customer and askbooks.app with respect thereto. The Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the parties consent to exclusive jurisdiction and venue in the state and federal courts located in San Francisco, California.

Definitions

Agreement means the askbooks.app Services Agreement, as well as the DPA and Policies.
Customer Data means any data, information or other material provided via the Services to askbooks.app by or at the direction of Customer, including from Third Party Integrations.
Documentation means askbooks.app's usage guidelines and technical documentation for the applicable Service.
Services means askbooks.app's cloud-based services.
Third Party Integrations means application programming interfaces (APIs) and/or other services operated or provided by third parties.