Terms of Service

Updated on 01/01/2018

 

By using Billiyo Technology Solution web/mobile applications (“Service”), or any software, services of Billiyo Technology Solution, you are agreeing to be bound by the following terms and conditions (“Terms of Service (Service)”).

 

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, its affiliates and all users who access our services through your account to these terms and conditions, in which case the terms you or your’s or users shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

 

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Billiyo Technology Solution (over 18 years of age).

 

Billiyo Technology Solution reserves the right to update and change the Terms of Use (Service) from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Use (Service). Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Use (Service) at any time at: https://www.billiyo.com/tos

 

Violation of any of the terms below will result in the termination of your Account. While Billiyo Technology Solution prohibits such conduct and Content on the Service, you understand and agree that Billiyo Technology Solution cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Account Terms

As Account Admin, you will be responsible for Users compliance with this Agreement.

You will be responsible for the accuracy, quality and legality of Your data and the means by which You acquired Your data.

You must provide your legal full name, and valid contact information including your address, telephone number and email address and any other information requested in order to complete the sign up process.

Your login may only be used by one person. Single login shared by multiple people is not permitted. You may ask us to create separate logins or create it yourself for as many people as your plan allows.

You are responsible for maintaining the security of your account and password. Billiyo Technology Solution cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Payment, Refunds, and Upgrading

Services and content offered through Billiyo Technology Solution are purchased as subscriptions and the services are provided to you on an "As Is" basis without warranties from Billiyo Technology Solution of any kind, either express or implied.

Once you have purchased a license from Billiyo Technology Solution this license will allow you to use Billiyo Technology Solution software for 30 days.

Any upgrades or changes made to a subscription during a subscription term with the difference of price of the underlying subscription pricing will be prorated for the portion of that subscription term remaining at the time the subscription is added.

Any added subscription will terminate on the same date as the underlying subscription.

The Service is billed in advance on a monthly basis and is non-refundable after the initial (“14 day-free trial”). After this period, there will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

For any upgrade or downgrade in plan level, the credit/bank card that you provided will automatically be charged the new amount on your next billing cycle.

Billiyo Technology Solution does not issue refunds. You can cancel at any time, but you will not receive a refund for any unused portion of your subscription.

Downgrading your Service may cause loss of Content, features, or capacity of your Account. Billiyo Technology Solution does not accept any liability for such loss.

Suspension of Service and Overdue Charges

You are solely responsible for properly canceling your service. Until the Cancel account feature is available from within , an email request to cancel your service must be sent to sales@billiyo.com

Upon the expiration or termination of this Agreement, Billiyo may terminate User's ability to create new data and User acknowledges that, at and after such time, User will no longer have the ability to create new data. User will be granted read only access to existing data for a period not greater than 6 moths. Nothing in this Agreement shall relieve Organization from its liability for payment for Services rendered by Billiyo prior to the termination of this Agreement.

Account termination will take effect immediately on request, even if your service has a current paid-up period left and no refunds will be issued.

Billiyo Technology Solution , in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Billiyo Technology Solution service, for any reason at any time. Such termination of the Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. Billiyo Technology Solution reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Billiyo Technology Solution reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Billiyo Technology Solution website or the Service itself.

Billiyo Technology Solution shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service. Your profile and the materials uploaded remain yours.

Billiyo Technology Solution does not pre-screen Content, but Billiyo Technology Solution and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

You shall defend Billiyo Technology Solution against any claim, demand, suit or proceeding made or brought against Billiyo Technology Solution by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Billiyo Technology Solution for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Billiyo Technology Solution in connection with any such claim, demand, suit or proceeding; provided, that Billiyo Technology Solution (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Billiyo Technology Solution of all liability); and (c) provides to You all reasonable assistance, at Your expense.

The look and feel of the Service is copyright of Billiyo Technology Solution All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Billiyo Technology Solution

Providing a Reliable and Secure Service

At Billiyo Technology Solution , we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment.

However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use Billiyo Technology Solution , you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.

Warranty Disclaimer

In no event shall Billiyo Technology Solution be liable for any direct or indirect incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible loss as a result of the use of the software and Applications developed under the terms of this Agreement.

While Billiyo Technology Solution attempts to make your access to and use of the Services safe, Billiyo Technology Solution does not represent or warrant that the site, the Content, the Add-ons or the Services are free of viruses or other harmful components.

Limitation of Liability; Indemnity

You waive and shall not assert any claims or allegations of any nature whatsoever against Billiyo Technology Solution its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Site, the Content, the Add-ons or the Services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Site, the Content, the Add-ons or the Services. You use the Site, the Content, the Add-ons and the Services at your own risk.

Without limitation of the foregoing, neither Billiyo Technology Solution nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, the Content, the Add-ons or the Services, including without limitation any damages caused by or resulting from your reliance on the Site, the Content, the Add-ons or the Services or other information obtained from Billiyo Technology Solution or any other Released Party or accessible via the Site, the Content, the Add-ons or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Billiyo Technology Solution or any other Released Party’s records, programs or services.

In no event shall the aggregate liability of Billiyo Technology Solution , whether in contract, warranty, tort (including negligence, whether active, passive or implicated), product liability, strict liability or other theory, arising out of or relating to the use of the Site, the Content, the Add-ons or the Services exceed any compensation paid by you for access to or use of the Site, the Content, the Add-ons or the Services, as the case may be, during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless Billiyo Technology Solution and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, the Content, the Add-ons and the Services, and if you are a Subscriber, from your Customers’ use of the Services and from the use of the Site, the Content, the Add-ons and the Services by any person to whom you give access to your account (including staff), including any claims made by any person that any of your, and if you are a Subscriber, your Customers’, User Content infringes the rights, including the intellectual property rights, of any third party.

Confidential Information

Each party (as "Receiving Party") agrees that all code, inventions, know-how, business, technical and financial information it obtains from the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party ("Confidential Information"), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any Billiyo Technology Solution, performance information relating to any Service, and the terms and conditions of this Agreement will be deemed Confidential Information of BilliyoTechnology Solution without any marking or further designation. Except as expressly authorized herein, the Receiving Party will (1) hold in confidence and not disclose any Confidential Information to third parties and (2) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under this Agreement. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know (including, for BilliyoTechnology Solution subcontractors), provided that such representatives are bound to confidentiality obligations no less protective of the Disclosing and that the Receiving Party remains responsible for compliance by any such representative with the terms of this Section. The Receiving Party's confidentiality obligations will not apply to information that the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may make disclosures to the extent required by law or court order, provided the Receiving Party notifies the Disclosing Party in advance and cooperates in any effort to obtain confidential treatment. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.

User acknowledges that the Solutions and Services, including all documentation provided in connection therewith, and all screens and formats used in connection therewith, are the confidential information of Billiyo Technology Solution and User shall not publish, disclose, display provide access to or otherwise make available Billiyo Technology Solutions or the Services, or documentation thereof, or any screens, formats, reports or printouts used, provided, produced or supplied from or in connection therewith, to any person or entity other than an employee or agent of User without the prior written consent of, and on terms acceptable to, Billiyo Technology Solution; provided, however, that User may disclose to a governmental or regulatory agency or to customers of User any information expressly prepared for disclosure to such governmental or regulatory agency or to such User and User may make disclosures required by law.. Except as required by law, User shall not disclose use of the Services in any advertising or promotional materials without Billiyo’ prior written consent to such disclosure, and approval of such materials.

User acknowledges that the Solutions and Services are highly confidential and considered trade secrets of Billiyo Technology Solution, the unauthorized disclosure of any part of which would result in serious injury to Billiyo Technology Solution. User shall use its best efforts to maintain the security and confidentiality of the Solutions and Services, which precautions shall not be less stringent than those employed, or that reasonably should be employed, by User to protect its own most confidential information.

This Agreement and the terms hereof are confidential, and no information concerning the same shall be disclosed without written consent of the parties, except as may be necessary to comply with applicable laws and regulations.

User will not employ any person that is employed by Billiyo during the Term and for a period of eighteen (18) months after termination of this Agreement.

User understands that the unauthorized publication or disclosure of any part of the Solutions or Services, or the unauthorized use of the Solutions or Services, would cause irreparable harm to Billiyo Technology Solution for which there is no adequate remedy at law. User therefore agrees that in the event of such unauthorized disclosure or use, Billiyo may, at its discretion and at User’s expense, terminate this Agreement, obtain immediate injunctive relief or specific performance without an obligation to post bond or other security, or take such other steps as it deems necessary to protect its rights. If Billiyo, in its reasonable, good faith judgment, determines that there is a material risk of such unauthorized disclosure or use, it may demand immediate assurances, satisfactory to Billiyo Technology Solution, that there will be no such unauthorized disclosure or use. In the absence of such assurance, Billiyo Technology Solution may take such steps as it deems necessary and may, in addition, terminate this Agreement. The rights of Billiyo hereunder are in addition to any other remedies provided by law or in equity.

User acknowledges that it will have access to Client Information, written and oral, relating to Home Health Services. User acknowledges and agrees that that User will disclose such information only to authorized individuals and as permitted by HIPAA and applicable law.

Applicable Law and Venue

The Services are controlled by Billiyo Technology Solution and operated by it from its offices in Minnesota. You and Billiyo Technology Solution both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and Billiyo Technology Solution explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site, the Content, the Add-ons or the Services will be governed by the laws of the state of Minnesota and the Federal laws of United States of America applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

To the extent arbitration as described in the immediately preceding paragraph is prohibited by applicable law, you agree that all Claims will be heard and resolved in a court of competent subject matter jurisdiction located in Minneapolis, MN. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceedings in such courts, and covenant not to assert any objection to proceedings in such courts.

If you choose to access the Services from locations other than Minnesota, you will be responsible for compliance with all local laws of such other jurisdictions and you agree to indemnify Billiyo Technology Solution and the other Released Parties for your failure to comply with any such laws.

Direct Dispute Resolution.

In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement, whether arising in contract, tort or otherwise, ("Dispute"), the parties shall first use their best efforts to resolve the Dispute. If a Dispute arises, the complaining party shall provide written notice to the other party in a document specifically entitled "Initial Notice of Dispute," specifically setting forth the precise nature of the dispute ("Initial Notice of Dispute"). If an Initial Notice of Dispute is being sent to Billiyo Technology Solution, it must be emailed to legal@billiyo.com and sent via mail to:

Attn: Legal Department
Billiyo Technology Solution, Inc.
7648 Zane Avenue N, Suite 214
Brooklyn Park, MN 55443

Aggregated Anonymous Data.

Notwithstanding anything to the contrary herein, Customer agrees that Billiyo Technology Solution may obtain and aggregate technical and other data about Customer's use of the Services that is non-personally identifiable with respect to Customer ("Aggregated Anonymous Data"), and Billiyo Technology Solution may use the Aggregated Anonymous Data to analyze, improve, support and operate the Services and otherwise for any business purpose during and after the term of this Agreement, including without limitation to generate industry benchmark or best practice guidance, recommendations or similar reports for distribution to and consumption by Customer and other Billiyo Technology Solution customers. For clarity, this Section does not give Billiyo Technology Solution the right to identify Customer as the source of any Aggregated Anonymous Data.

Third-Party Platforms

The Services may support integrations with certain Third-Party Platforms. In order for the Services to communicate with such Third-Party Platforms, Customer may be required to input credentials in order for the Services to access and receive relevant information from such Third-Party Platforms. By enabling use of the Services with any Third-Party Platform, Customer authorizes Billiyo Technology Solution to access Customer's accounts with such Third-Party Platform for the purposes described in this Agreement. Customer is solely responsible for complying with any relevant terms and conditions of the Third-Party Platforms and maintaining appropriate accounts in good standing with the providers of the Third-Party Platforms. Customer acknowledges and agrees that Billiyo Technology Solution has no responsibility or liability for any Third-Party Platform or any Customer Data exported to a Third-Party Platform. Billiyo Technology Solution does not guarantee that the Services will maintain integrations with any Third-Party Platform and Billiyo Technology Solution may disable integrations of the Services with any Third-Party Platform at any time with or without notice to Customer. For clarity, this Agreement governs Customer's use of and access to the Services, even if accessed through an integration with a Third-Party Platform.

General Conditions

Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.

Technical support is only provided to paying account holders and is only available via email and chat widget unless otherwise stated. Support is only available in English.

You understand that Billiyo Technology Solution uses 3rd party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Billiyo Technology Solution , or any other Billiyo Technology Solution service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Billiyo Technology Solution.

We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates ’s intellectual property or these Terms of Use (Service).

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Billiyo Technology Solution customer, employee, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, worms, viruses or “spam” messages any code of a destructive nature.

If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Billiyo Technology Solution ) of other Billiyo Technology Solution customers, we reserve the right to immediately disable your account or throttle your Application and database until you can reduce your bandwidth consumption.

You expressly understand and agree that Billiyo Technology Solution shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Billiyo Technology Solution has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

You explicitly agree to all billiyo Technology Solution Terms of Use & Privacy Policy published on www.billiyo.com

The failure of Billiyo Technology Solution to exercise or enforce any right or provision of the Terms of Use (Service) shall not constitute a waiver of such right or provision. The Terms of Use (Service) constitutes the entire agreement between you and Billiyo Technology Solution and governs your use of the Service, superseding any prior agreements between you and Billiyo Technology Solution (including, but not limited to, any prior versions of the Terms of Use (Service)). You agree that these Terms of Use (Service) and Your use of the Service are governed by the laws of the state of Minnesota, USA.

 

Questions and Comments

If you have any questions regarding these Terms or your use of the Services, please contact us by email: sales@billiyo.com

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