Terms of Use

These Terms of Use ("Agreement") form a legal agreement between Facilio Inc. having its offices at 510 5th Ave, 3rd Floor New York, NY 10036 (“Facilio”) and You. This Agreement will govern Your access to and use of the Services offered by Facilio via this website. If You are entering into this Agreement on behalf of a company, organization or any legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to Facilio that You have the authority to bind such Entity to this Agreement.

If You do not agree to this Agreement, You must not sign up for an account and shall not make use of any of the Services available through this Site. By accessing or using the Services, You acknowledge that you have read, understood and agree to be bound by the terms of this Agreement. If you do not agree, please do not access or use the Services.

Facilio may modify the terms of this Agreement from time to time. In case of any significant changes which may affect Your rights under this Agreement, You will be provided with a 30 days’ advance notice of such changes by email to the email address associated with Your account. You agree that such notification shall constitute an adequate notice in this regard.

License & Restrictions

Facilio grants to You a limited, non-exclusive and non-assignable license to use the Services, for Your internal business purposes, in accordance with the terms of this Agreement. If You wish to use the Services in any other manner, say for example to provide managed services, You should obtain express written consent from Facilio.

In addition to the other terms & conditions of this Agreement, You agree not to:

resell, transfer, lease, sub-license, or modify the Services;
permit any third parties to use the Services except where such access is required for You to effectively use a communication or collaboration mechanism that forms part of the Services;
interfere with the Services or disrupt the integrity of any data contained therein;
violate any applicable law; or
use the Services in violation of this Agreement unless such use is expressly permitted by Facilio.

Your obligations

You need to sign up for a user account by providing your name, official email address and/ or official phone number to use the Services. You agree to: a) provide Facilio with true, accurate, current and complete information about You while signing up for the Services; and b) maintain and promptly update this information during Your course of use of the Services.

You are responsible for keeping and maintaining Your login credentials strictly confidential. Facilio shall not be held responsible for any unauthorized access to Your account arising from Your failure to keep Your login credentials safe and secure.

Fees and Payment Terms

You agree to pay to Facilio any fees determined by Facilio at the time of signing up for the Services. You also agree that You will be solely responsible for payment of any sales, use, import, export, value added or property tax, duties or other amounts that arise in connection with Your use of Facilio’s Services.

Facilio will send invoices to You for Your use of the Services and You agree to make payment to Facilio within thirty (30) days of receipt of such invoice(s).

Facilio reserves the right to modify the fees for the Services periodically and at any time by providing a thirty (30) days’ prior written notice to You.

Proprietary Rights

All proprietary rights, including intellectual property rights in the Services and any documentation related thereto are the exclusive property of Facilio. Facilio does not grant to You or anyone acting for You any right or title to such proprietary rights, or the permission to use such proprietary rights, except for the limited purposes expressly provided for in this Agreement. No part of this Agreement shall be construed as transferring any element of such proprietary right to You.

Data Ownership

You grant to Facilio an irrevocable, perpetual, non-exclusive, transferable, and a worldwide license to copy, store, use, retain, transmit, scan, reformat, edit, translate, excerpt, adapt and distribute the content created by You, solely for the purpose of providing the Services to you. Except for the right expressly granted herein, you retain entire ownership on the data created or stored by You using Facilio Services.

Confidentiality

You agree (i) to hold Facilio’s Confidential Information in strict confidence, using at least the same degree of care with which You protect Your own confidential or proprietary information; (ii) not to use such Confidential Information for any purpose outside the scope of this Agreement; and (iii) not to disclose such Confidential Information to third parties not authorized by Facilio to receive such Confidential Information.

These obligations shall survive for a period of five (5) years from the date of termination of this Agreement.

Indemnity

You agree to indemnify and hold harmless Facilio from and against all claims, actions and proceedings arising out of or resulting from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that You have used the Services (i) in violation of a third party's rights, (ii) in violation of any law, (iii) in violations of any provisions of this Agreement, or (iv) any other claim related to your use of the Services, except where such use is authorized by Facilio.

Warranty & Disclaimer

Facilio warrants that the Services will perform in accordance with the documentation provided for this Service. Except for the warranties explicitly provided under this Agreement, Facilio shall offer the Services on an "as is" basis without warranties of any kind including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

Limitation of Liability

Except for the breach of confidentiality obligations, under no circumstances and under no legal theory, whether tort (including negligence), product liability, contract, or otherwise, shall Facilio be liable to You for any indirect, special, incidental, or consequential damages, even if You have been informed of the possibility of such damages.

Arbitration

Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the rules of the Judicial Arbitration and Mediation Services. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and un-appealable. The arbitration shall be conducted in the State of Delaware and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Termination

You may terminate Your account, with or without cause, by providing a 30 day prior written notice to

Facilio. Facilio may terminate Your account:

if You fail to make payment for the Services;
if You are in breach of any the terms in this Agreement and fail to cure within thirty (30) days of receiving a notice of such breach from Facilio; or

Facilio may immediately terminate Your account if You breach any of the restrictions listed under Sections 4 & 5 of this Agreement.

Upon termination You agree

to make payment of all dues accrued during the term of this Agreement; and
not to access or use the Services for Your internal business purposes.

End of Terms

Please write to us at legal@facilio.com if you have questions or clarifications regarding this Agreement.

Terms of Use

Table of Contents:

Products

Solutions

Industry

Resources

Company