These Terms of Service ("Terms") apply when you use Fetchit®: the website at fetchitdata.cloud and the services behind it (together, the "Service"), provided by Schultz Technology ("we", "us"). By creating an account or using the Service, you agree to these Terms.

The Fetchit desktop application and browser extension are licensed to you under the End User License Agreement, which applies alongside these Terms. If the two conflict about the software, the End User License Agreement governs.

If your business has a separate written agreement with us for Fetchit, that agreement takes priority over these Terms where they differ.

Who can use the Service

The Service is for businesses. You may use it only on behalf of a business that has an account with us, and only if you are at least 18 years old and able to form a binding contract. If you accept these Terms for a business, you confirm that you have authority to bind it, and "you" includes that business.

Your account

• Give accurate information when you create an account, and keep it up to date.
• Keep your password and any sign-in codes secret, and turn on two-factor authentication where your business requires it.
• Each person must use their own account. Do not share sign-ins.
• Tell us straight away at support@fetchitdata.cloud if you think someone has used your account without permission.

You are responsible for what happens under your account. A business is responsible for the people it invites, the roles it gives them, and the computers it signs in to the Service.

Your business's information

The Service works with information your business provides or connects, including caller details from your phone system and client records from your business software ("Customer Data").

• It stays yours. Your business keeps all rights to its Customer Data. You give us permission to host, copy, process and display it only as needed to provide, secure and support the Service, and as described in our Privacy Policy.
• You must be allowed to share it. You are responsible for having the rights, permissions and notices required by law to use Customer Data with the Service, including any notice your callers and customers are owed about how their information is used.
• Connections you set up. When you connect a phone system or business software, you authorize us to access it on your behalf to provide the Service. You are responsible for keeping the account details you give us current and for your agreements with those providers.

Acceptable use

When using the Service, do not:

• Break the law, or use the Service to harm, harass, deceive or spy on anyone.
• Use the Service with information you are not allowed to use.
• Try to get into accounts, organizations or data that are not yours, or get around security, permissions or usage limits.
• Interfere with or overload the Service, or introduce malicious code.
• Copy, resell or provide the Service to others, or use it to build a competing product.
• Reverse engineer the Service, except where the law expressly allows it despite this restriction.
• Scrape or collect information from the Service by automated means other than the interfaces we provide.

We may investigate suspected misuse and take reasonable steps in response, including removing content and suspending access.

Fees

Fees for the Service are set out in your order or agreement with us. Unless that says otherwise, fees are billed in advance, are not refundable, and do not include taxes, which you are responsible for. We may change our prices by giving you notice before the change takes effect for your next billing period.

Support and availability

Fetchit comes with support, which you can reach as described on our Support page. We work to keep the Service available and reliable, but it may sometimes be unavailable, for example during maintenance or because of problems outside our control, and we do not promise that it will be uninterrupted or error-free.

Changes to the Service

We improve Fetchit over time, and we may add, change or remove features. If we remove something your business depends on in a significant way, we will give you reasonable notice where we can.

Our intellectual property

We, and our licensors, own the Service, including its software, design and content, and the Fetchit® name and marks. These Terms do not give you any rights in them except the right to use the Service as allowed here. If you send us feedback or suggestions, we may use them without any obligation to you.

Suspension and termination

You may stop using the Service at any time, and a business may close its account by contacting us, subject to its order or agreement.

We may suspend or end your access if you break these Terms, if your business does not pay fees that are due, if it is needed to protect the Service, our customers or others, or if the law requires it. Where it is reasonable, we will tell you first and give you a chance to fix the problem.

When access ends, your right to use the Service ends. A business may ask us for a copy of its Customer Data within 30 days after its account closes. After that, we will delete it as described in our Privacy Policy, except where we must keep it by law. Sections that by their nature should continue, such as fees owed, intellectual property, disclaimers and limits of liability, continue after termination.

Disclaimers

The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Fetchit shows the information held in your connected systems and cannot guarantee that it is complete or accurate, or that every call will be recognized or every popup delivered.

Limitation of liability

To the fullest extent the law allows:

• We are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to the Service, even if we were told they were possible.
• Our total liability for all claims arising from or related to the Service is limited to the amount you paid us for the Service in the 12 months before the event that gave rise to the claim.

Some places do not allow some of these limits, and in those places they apply only as far as the law allows.

Indemnity

You will defend and indemnify Schultz Technology against claims, damages and costs, including reasonable legal fees, arising from your Customer Data, your use of the Service in breach of these Terms, or your breach of the law.

Changes to these Terms

We may update these Terms from time to time. When we do, we will change the date at the top of this page, and for significant changes we will give notice through the Service or by email before they take effect. If you keep using the Service after the changes take effect, you accept the updated Terms.

General

• These Terms, the End User License Agreement, our Privacy Policy and any order or agreement with us are the whole agreement between you and us about the Service.
• If any part of these Terms cannot be enforced, the rest still applies.
• If we do not enforce part of these Terms straight away, we have not given up the right to enforce it later.
• You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
• Neither party is responsible for delays or failures caused by events beyond its reasonable control.

Contact us

For questions about these Terms, email legal@fetchitdata.cloud.