The Roving Group Terms of Service
 

By using The Roving Group Applications and Services ( RovingContacts, RovingTasks, RovingMails, RovingDocuments, RovingSchedule ) or any Application or Service provided by Softelligent (Softelligent bvba), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Softelligent reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current applications or Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the application or Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.therovinggroup.com/terms.html

Violation of any of the terms below will result in the termination of your Account. While Softelligent prohibits conduct and Content in conflict with these terms, you understand and agree that Softelligent 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

- You must be 13 years or older to use the Roving Group and applications and Services.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. Softelligent 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).
- One person or legal entity may not maintain more than one trial account.
- You may not use the applications or Services for any illegal or unauthorized purpose. You must not, in the use of the applications or Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

Customers may access their account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses The Roving Group serivices, is bound by the terms of this agreement plus the following specific terms:

- You expressly understand and agree that Softelligent 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 Softelligent has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Services via the API may result in the temporary or permanent suspension of your account's access to the API. Softelligent, in its sole discretion, will determine abuse or excessive usage of the API. Softelligent will make a reasonable attempt via email to warn the account owner prior to suspension.
- Softelligent reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

- A valid credit card is required for paying accounts. During the trial periode you are not required to provide a credit card number. - We will not store your credit card information.
- You will only pay for the application and services you order. 30 days before the end of the licensed periode you will be invited to renew or extend your subscription. Doing so in a timely fashion is your sole responsability. Failure to do so before expiration date will automatically suspend access to your account. From the date of suspention your account will enter a grace periode of 30 days. During that periode you will be able to access the paiement gateway in order to renew or extend your license. At the end of the grace periode, If you have not extended your license,your account will be canceled and all data, files and other information stored on the service will be permenetly removed. Softelligent does not accept any liability for such loss.
- The Service is billed in advance on a yearly basis and is non-refundable. There will be no refunds or credits for partial years of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- 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, your credit card information will be asked again to complete the purchase. For security reasons we do not store creditcard information.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Softelligent does not accept any liability for such loss.

Cancellation and Termination

- You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time in the account management screen. - All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled. - If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. - Softelligent, 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 Softelligent service, for any reason at any time. Such termination of the Service will 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. Softelligent reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

- Softelligent 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, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Roving Group Site (www.TheRovingGroup.com) or the application or Service itself. - Softelligent 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 materials uploaded remain yours. However, by setting your information to be shared publicly, you agree to allow others to view and share your Content. - Softelligent does not pre-screen Content, but Softelligent 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. - The look and feel of the Service is copyright©1999-2009 to Softelligent bvba. All rights reserved. You may not duplicate, copy, or reuse any portion of the application, service, visual design elements or concepts without express written permission from Softelligent.

General Conditions

- Your use of the applications and Services are 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 or through http://GetSatisfaction.com/TheRovingGroup. - You understand that Softelligent uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the applications and Services. - 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, Softelligent, or any other Softelligent service or application. - You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the applications or Services, or access to the Service without the express written permission by Softelligent. - 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 any party’s intellectual property or these Terms of Service. - Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Softelligent customer, employee, member, or officer will result in immediate account termination.

- You understand that the technical processing and transmission of the applications and Services, including your Content, may be transfered 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, or "spam" messages. - You must not transmit any worms or viruses or any code of a destructive nature. - If your bandwidth usage exceeds 500 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Softelligent) of other TheRovingGroup customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. - Softelligent does not warrant that (i) the applications or services will meet your specific requirements, (ii) the application or services will be uninterrupted, timely, secure, or error-free,(iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the applications or services will meet your expectations, and (v) any errors in the Service will be corrected. - You expressly understand and agree that Softelligent 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 Softelligent 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; or any other matter relating to the service. - The failure of Softelligent to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Softelligent and govern your use of the applications and Services, superceding any prior agreements between you and Softelligent (including, but not limited to, any prior versions of the Terms of Service). - Questions about the Terms of Service should be sent to support[at]softelligent[dot]com.