BelloZero Terms of Service
Last Updated: July 1, 2020
Thank you for choosing BelloZero for your business. When you use our products and services you’re agreeing to our terms, so please read these Terms of Service carefully as they contain important information regarding your legal rights and obligations. Certain capitalized words below are defined in Section 15 (Definitions).
BelloZero provides online business management software services designed specifically for businesses in the wellness industry (“Software Service”). You can access our Software Service via the client login page on our Websites and through our Apps.
These Terms of Service (“Agreement”) apply to any use of and access to the Services by you and your Affiliates. By accessing or using the Services (or enabling an Affiliate to access or use the Services), you are indicating that you have read this Agreement and agree to be bound by its terms. If you do not agree with all of the terms of this Agreement, you may not access or use any Services.
This Agreement is effective (“Effective Date”) on the earlier of (a) the date you accept this Agreement by clicking an “I Agree” button or otherwise indicate that you accept this Agreement (including through an Order Form), or (b) the date you (or an Affiliate) first access or use the Services.
The English language version of this Agreement and any notice or other document relating to this Agreement shall prevail if there is a conflict.
1. General Terms
This is a legal agreement and you represent that you have authority to make these commitments on behalf of your organization.
As we update our products and services, we may update this agreement. If those updates are significant, we'll notify you. You'll always be able to access the current agreement online.
Additional terms apply to certain products that we provide.
The Service Level Agreement describes our uptime commitments for the software.
We may temporarily suspend your access for things like scheduled maintenance, or if a natural disaster occurs. We may also change or discontinue particular features or functions of our Services at any time.
We are not responsible for any third party products that are integrated with or used in connection with the Services.
We are not responsible for products or services from companies we recently acquired until we test and improve those products or services.
At your option we can leverage our Marketing Services products to drive new business to you. If you choose to participate, you agree to pay any related fees.
We may give you access to trial or beta Services for a time. We are not responsible for the results of using those Services.
Additional terms apply to the purchase of professional services.
1.1. Agreement. This Agreement is a binding legal agreement between you and the applicable BelloZero Entity indicated in Section 14.4 below (“BelloZero”, “we”, “us” or “our”). If you enter into this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the legal authority to bind that entity and its Affiliates to this Agreement, and all references to “you” and “your” in this Agreement are referring to that entity. You and BelloZero are also sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties”.
1.2. Changes to the Agreement. We may, in our sole discretion, make changes to this Agreement from time to time. Any changes we make will become effective when we post a modified version of the Agreement to https://www.bellozero.com/terms-of-service (or such other URL as specified by BelloZero), as may be updated by BelloZero from time to time, and we agree the changes will not be retroactive. If we make any material changes to the Agreement, we’ll also notify you within the Software Service or by sending you an email. If you continue using the Services after any changes, it means you have accepted them. If you do not agree to any changes, you must stop using the Services, and you can terminate your account by emailing BelloZeroftr@gmail.com. It is your obligation to ensure that you read, understand and agree to the latest version of the Agreement. The legend at the top of the Agreement indicates when it was last changed.
1.3. Supplemental Terms. Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in this Agreement or will be presented to you for your acceptance when you sign up to use the supplemental Service. If this Agreement is inconsistent with the Supplemental Terms, the Supplemental Terms will control with respect to the service with which it applies.
2.1. Software Services
2.1.1. Access and Service Levels. BelloZero will make the Services to which you have subscribed available to you, subject to the terms and conditions of this Agreement. During the Subscription Term (defined below), the Software Services will meet the service levels specified in the Service Level Agreement (“SLA”).
2.1.2. Changes to Services. Notwithstanding Section 2.1.1, in addition to our rights set forth in Section 8.4, we reserve the right to suspend any Services (a) in connection with a Force Majeure event (as described in Section 14.9), (b) if we believe any malicious software is being used in connection with your account, or (c) during planned downtime as provided in the SLA. In addition, we reserve the right to change, suspend or discontinue any features, components or functions of the Services at any time. If we make any material changes to the Software Service, we’ll notify you within the Software Service or by sending you an email. Notwithstanding the above, we have no obligation to update or enhance any Services or to produce or release new versions of any Services.
2.2. Third Party Offerings. Although the Services may allow you to access or use Third Party Offerings, they are not “Services” under this Agreement and are not subject to any of the warranties, service commitments or other obligations with respect to Services hereunder. The availability of any Third Party Offerings through the Services does not imply BelloZero's endorsement of or affiliation with the provider. BelloZero does not control Third Party Offerings and will have no liability to you or Affiliates in connection with any Third Party Offerings. BelloZero has no obligation to monitor or maintain Third Party Offerings, and may disable or restrict access to any Third Party Offerings at any time. By using or enabling any Third Party Offering, you are expressly permitting BelloZero to disclose Your Data or other information to the extent necessary to utilize the Third Party Offering. YOUR USE OF THIRD PARTY OFFERINGS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY OFFERINGS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY OFFERINGS).
2.3. Recently Acquired Offerings. As an administrative courtesy to you, we may offer Recently Acquired Offerings to you through this Agreement before fully integrating, testing, and improving such offerings to meet our standards, which may take up to twelve (12) months. All representations and/or warranties made by us in this Agreement do not apply to such Recently Acquired Offerings.
2.4. Marketing Services. When you subscribe to our Software Service, your business will be provided the opportunity to be listed on the Marketing Services. From time to time, BelloZero may offer subscribers the opportunity to participate in promotional programs (“BelloZero Promote”), which are designed to promote their businesses and attract customers through the Marketing Services. To enroll in BelloZero Promotions, you must review and agree to the applicable BelloZero Promotions terms and conditions accessible at https://www.bellozero.com/terms-of-service (or such other URL as specified by BelloZero) (“BelloZero Promotions Terms”). BelloZero reserves the right to charge fees for BelloZero Promotions in accordance with the BelloZero Promotions Terms. If you enroll in BelloZero Promotions, you agree to pay all applicable fees for BelloZero Promotions in accordance with Section 4.2 of this Agreement. In the event of any conflict between this Agreement and the BelloZero Promotions Terms, the BelloZero Promotions Terms will apply.
2.5. Free, Trial and Beta Services. BelloZero may in its sole discretion offer free, trial or beta Services from time to time at no charge. Notwithstanding anything to the contrary herein: (a) any free, trial or beta Services are provided “AS IS” with no warranties of any kind; and (b) BelloZero may discontinue any free, trial or beta Services or your ability to use such Services at any time, with or without notice and without any further obligations to you. Without limiting the generality of the foregoing, free Services that have not been accessed or used for 12 consecutive months may be terminated by us. BelloZero will have no liability for any harm or damages suffered by you or any third party in connection with any free, trial or beta Services.
2.6. Professional Services Terms. Additional terms specific to the procurement of Professional Services apply and are hereby incorporated by reference into this Agreement as if set forth fully herein.