Terms of Service
Last update: May 11, 2020
From everyone at Groomerzu, thank you for choosing us as your service provider! Our goal is to help you operate your business more efficiently so that you can focus on serving your customers without worrying about managing unpleasant administrative tasks.
When we reference “Company”, “we”, “us”, or “our” in this document, we are referring to Intellizu LLC. Intellizu LLC, is the company behind this great product and a line of other custom software to help multiple niche industries.
When we reference “Services”, we mean any product created and maintained by Intellizu LLC. This includes the core Groomerzu application platform, as well as comprising Services shared from other products that we offer in support of the operating of the Groomerzu application platform. Our Services are designed to be provided in a cloud-based manner, with delivery being provided through an internet connected device.
We reserve the right to modify these Terms of Service at any time. In the event that a significant change is made, we will provide a direct notice to our customers as well as providing an update on our company blog. Upon making a change, we shall update the last update date provided in the header of this document to indicate the date of the last update.
By using our Services at any time, both currently and in the future, you are agreeing to the latest Terms of Service. In the event that we choose not to exercise or enforce any right or provision of the Terms of Service, this choice does not convey that we are waiving that right or provision. We still maintain the right to exercise or enforce that right or provision at any time.
In the event that you violate any of the terms outlined in this document, we reserve the right to terminate your account at our discretion. All efforts will be made to avoid this outcome, but due to the nature of providing services to a wide range of businesses and individuals, we may at times, need to exercise this right.
Account Terms
- Maintaining the security of your account and password is your responsibility. In no event, shall we be held liable for any direct or indirect loss or damage resulting from your failure to comply with this requirement. In the event that you believe your account credentials have been compromised, we strongly recommend that you immediately reset your password.
- All activity that occurs under your account is your responsbility. This includes all activity that may be conducted with your login or an associated login that you have granted access to your account.
- You are not permitted to use our Services for any purpose outlined in our Use Restrictions policy.
- All account data belongs to you, and will not, under any circumstances, be sold for any purpose.
Billing and Plan Changes
- Our plans are designed to provide options for businesses of all sizes. In the event that you believe a different available plan may fit better, you have the right to downgrade or upgrade your existing account to utilize the desired plan.
- All changes are pro-rated based off of the billing cycle, which starts on the 1st day of the month and ends on the last day of the month. Upgrading from a free plan to a paid plan will result in your card being charged immediately. For all other plan changes, the new rate starts immediately upon the plan change, but will not be billed until the end of the current billing cycle when the change becomes effective.
- Non-payment of any account charges will result in the locking of your account, which will make your account inaccessible for any user granted access to your account. If you are using our customized website option, then all visitors to your website will be redirected to an account suspension page; the account suspension page will advise all visitors that the current website they are trying to access is unavailable and has been suspended. Extended non-payment will be subject to
auto-cancellation. - All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You are responsible for payment of all taxes, levies, or duties accordingly.
- Refunds are processed according to our fair refund policy.
Cancellation and Termination
- You are responsible for requesting the cancellation of your account using the Advanced settings section of your account. All cancellations must be completed using the cancellation button along with confirming the account cancellation. Any other cancellations requests made using other mediums are not valid and will result in the continuation of your account.
- Upon the submission of a cancellation request, all content and data will be immediately rendered inaccessible. Your content and data will be queued for complete removal upon 30 days from the date of submission of your cancellation request. Once the removal has been executed, all content and data will be permanently deleted and cannot be recovered. Any effort to restore your account must occur prior to the 30th day since the submission of your cancellation request. Any account
restorations will be billed immediately for the full plan rate. - We reserve the right to suspend or terminate your acount and refuse any and all current or future use of our Services for any reason at any time. Additionally, we reserve the right to refuse the use of our Services to anyone for any reason at any time. Immediate violation of our Use Restrictions policy will result in immediate termination of your account. The decision to terminate an account is not taken lightly but is necessary to preserve the availability of our Services to our customers.
- Any occurence of abuse, including, but not limited to, verbal, physical, or written threats of abuse or retribution of any Company employee will result in immediate account termination.
Plan Availability and Pricing
- We make every effort to only change our plans when we have deemed it necessary. In some instances, we may determine that a current plan or Service is no longer viable. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice, at our sole discretion.
- To support the continued development, support, and operation of our Services, we may choose to adjust our pricing for our Services. In the event that a pricing change is made, we may exempt existing customers subscribing to the affected plans from those changes. This exemption is not guaranteed and can be discontinued at any time.
- In the event that a pricing change is made, we will make every attempt to communicate any changes to our customers using the primary email address we have on file. In addition, we may also post a notice about any changes on our websites or directly on the respective Services.
Security and Privacy
- We take many measures to protect and secure your content and data during active and inactive usage of our Services. All connections from our Services made to an external system will be made using a secure connection via Secure Sockets Layer (SSL) to provide encrypted data transfer. For internal systems, we may transfer data behind our firewalled network using unencrypted channels for maximum network performance.
- You agree that we may process your data as described in our Privacy Policy and for no other purpose.
- Our team maintains access to your data for the following purposes:
- Troubleshooting or debugging requests that you may make, or that are the result of an internal system error triggered during your usage. We strive to stay on top of any bugs that may occur and closely monitor our systems to minimize any identified bugs or negative performance.
- To the extent required by applicable law.
- We use third party vendors and hosting partners to provide the necessary systems, including, but not limited to, hardware, netowrking, and storage components required to operate the Services.
- We are classified as a “service provider” under the California Consumer Privacy Act (“CCPA”) with respect to your use of of our Services, not a “business” or “third party”. This classification means that we only process data you share with us for the purpose you signed up for and as described in these Terms of Service and Privacy Policy. We value your privacy and do not retain, use, disclose, or sell any of the information you provide for any other commercial purposes,
without prior explicit permissions being provided by you.
Uptime and Service Availability
- All usage of our Services are at your sole risk. All Services are provided on an “as is” and “as available” basis. We do not offer service-level agreenments.
- Due to relying on third party vendors and hosting partners, we cannot ensure that the required components will always be available for our Services.
- While we take pride in our work and make a strong effort to minimize any bugs that may occur, we cannot guarantee completely error-free Services. To help manage any bugs that may occur, bugs are monitored and tracked. A higher priority is placed on any bugs related to security or privacy, however, not all bugs will get fixed. In some cases, something may be reported as a bug, but may actually be by design.
- We reserve the right to temporarily disable or throttle your account if your usage exceeds the average usage of other customers. These actions are only taken in situations that we believe that other customers may be negatively affected. Any action taken will be accompanied with a notification alerting the offending account of the offense along with the action taken. In most cases, notification will be provided prior to any action taken, however, there are some
cases where delaying action may have a negative impact on other customers, thus requiring immediate action. All actions taken and notifications provided will be made at our discretion.
Liability
You may have noticed that liability has been mentioned throughout these Terms, however, to provide clarification, we have provided a summary below:
***You expressly understand and agree that we shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of their possible existence, resulting from: (i) the use or inability to use the Services; (ii) the cost of procurement of
substitute good and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements of conduct of any third party on the service; (v) or any other matter related to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether
active or passive), or any other theory of liability.