Legal terms and conditions governing your use of EAPWorks Studio services and platform.
Last updated: August 22, 2024
By accessing or using EAPWorks Studio's services, platform, or website, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.
These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and EAPWorks Studio ("Company," "we," "us," or "our"). We may modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of our services after any such changes constitutes acceptance of the new Terms.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" will refer to such entity.
EAPWorks Studio provides a comprehensive, vendor-agnostic platform for deploying and managing WPA2-Enterprise networks, including:
Our services are specifically designed for small to medium-sized offices seeking enterprise-grade network security solutions without the complexity typically associated with such deployments.
To use our services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You are responsible for all activities that occur under your account. You must:
We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose security risks to our platform or other users.
You agree to use our services only for lawful purposes and in accordance with these Terms. You may not:
We strive to maintain high service availability with a target uptime of 99.9% for our core platform services. However, we do not guarantee uninterrupted access as we may perform scheduled maintenance, updates, or modifications that temporarily affect service availability.
We reserve the right to perform maintenance, apply security updates, and make improvements to our services. We will provide reasonable advance notice for scheduled maintenance that may affect service availability.
Support services are provided according to your subscription plan and may include:
Services are provided on a subscription basis with fees as specified in your service agreement or order form. All fees are stated in U.S. dollars and are non-refundable unless otherwise stated in writing or required by applicable law.
Payments are processed through third-party payment processors. You authorize us to charge your designated payment method for all applicable fees, including subscription fees, overage charges, and professional services.
Late payments may result in service suspension after a grace period. We reserve the right to charge late fees of 1.5% per month on overdue amounts and to suspend services for accounts with outstanding balances exceeding 30 days past due.
We may change our pricing with 30 days' written notice. Price changes will take effect at the beginning of your next billing cycle after the notice period.
EAPWorks Studio retains all rights, title, and interest in our platform, software, documentation, methodologies, and related intellectual property. You receive only a limited, non-exclusive, non-transferable license to use our services as specified in these Terms.
You retain ownership of your data and content. By using our services, you grant us a limited license to process, store, and transmit your content as necessary to provide our services. This license includes the right to make backup copies and perform necessary technical operations.
Any feedback, suggestions, or ideas you provide to us regarding our services become our property and may be used without compensation or attribution.
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
You are responsible for ensuring that your use of our services complies with applicable data protection laws and regulations, including but not limited to GDPR, CCPA, HIPAA, and other relevant privacy legislation.
We implement industry-standard security measures to protect your data, but you acknowledge that no system is completely secure and that you use our services at your own risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EAPWORKS STUDIO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR OUR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless EAPWorks Studio and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:
You may terminate your account at any time by providing written notice to us. Termination will be effective at the end of your current billing period, and you will remain responsible for all charges incurred through the end of that period.
We may terminate or suspend your account immediately, without prior notice, if you violate these Terms, fail to pay fees when due, or for any other reason at our sole discretion. We may also terminate these Terms with 30 days' written notice.
Upon termination, your right to use our services will cease immediately. We may delete your data after a reasonable period following termination, subject to our data retention policies and legal requirements. You remain responsible for all charges incurred prior to termination.
These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict of law principles. Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration administered by the American Arbitration Association in Phoenix, Arizona, under its Commercial Arbitration Rules.
Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.
These Terms, together with our Privacy Policy, Cookie Policy, and any other agreements referenced herein, constitute the entire agreement between you and EAPWorks Studio regarding the subject matter hereof and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative.
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.
Neither party will be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, or network failures.
If you have any questions about these Terms of Service, please contact us:
Email: [email protected]
Phone: +1 (646) 284-0951
Address:
EAPWorks Studio
Legal Department
2335 W Caribbean Ln
Phoenix, AZ 85023, USA