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Terms of Service

Effective July 14, 2018

Hi there! Thanks for using our software-as-a-service application for project and process management ("Pie Services"). The Pie Services are provided by PieMatrix Inc. (referred in this document as "PieMatrix""us", or "we"), which covers branded applications "pie.me" and "Classic Pie"

By accessing our Pie Services, you agree to this Terms of Service and our Privacy Policy.

Subject to your compliance with the terms and conditions of this Terms of Service, we will provide Pie Services to you. We grant and you accept limited, non-transferable, non-exclusive license throughout the term.


Who is this for

This "Terms of Service" is an agreement between PieMatrix Inc., a Delaware corporation, ("PieMatrix" or "we") and you ("you"), using our free services, or you, your company, or other legal entity using our paid services. If you will be using all or part of the Pie Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, and in which case the term "you" shall refer to such entity in this Terms of Service and the Privacy Policy. The term "you" also includes your team members you authorize to access and use your paid member seats under your organization workspaces. The terms "customer" and "member" are also referring you as an individual member or you as an organization.

You must be at least 18 years of age and able to enter into contracts to use or access Pie Services.

If you don't agree to all terms in the Terms of Service, you may not use or access Pie Services for either the free or paid versions.

Subject to your compliance with the terms and conditions of this Terms of Service, we will provide Pie Services to you as described in this Terms of Service and the Privacy Policy. We grant you and you accept limited, non-transferable, non-exclusive license throughout the term.


Using our Services
 

Access and Security

The Pie Services is provided as a free and paid subscription service, you shall access and use the services via the Internet on different devices. You shall be responsible for obtaining and maintaining your Internet connections in order to use our services. We're no responsible for loss of access, data lost, or data corruption, or damage of any kind arising from any Internet services that you use. You acknowledge that the Pie Services and all of your content you input into Pie Services, will be hosted on equipment and at facilities that are outside of your computer network and firewall.

When you sign up for Pie Services, you must register with you email address and password that is accurate. You are responsible for ensuring your password remains confidential and secure and is not share with other people. You agree to not share your username and password giving others access to your account. Your responsible to contact us if you believe your password has been compromised or there's any unauthorized use of access to your account.
 

Please don't abuse our services

You agree to not to interfere or disrupt our Pie Services or attempt to gain access to any any systems or networks that connect to our services except as required for normal use of your Pie Services account. You may use our Pie Services only for authorized and legal purposes. We may suspend or stop providing your Pie Services access if you don't comply with our terms or policies or if we are investigating suspected misuse.
 

we're not responsible for what you do

We don't monitor or police what content you create, files you upload, or messages you send to your team members within the application. We're not responsible for content and any communications you create or send. We're not responsible for who you decide to add as account, workspace, project, or task team members.


who owns what
 

What you own

You maintain ownership of all data and information that you create in or upload into our Pie Services. You represent and warrant that you either own or have permission to use this data. We may use your data only as described in this terms or in our Privacy Policy.

You have the right to share or transfer the ownership of your content to other Pie Services users by giving them administrative permissions in your account's projects, workspaces, and organization containers (groups of workspaces). If you cancel your account while giving others administrative permissions to your content, then they will maintain content ownership.
 

What we own

We own all of our proprietary rights in our website and Pie Services, which include and not limited to, our user interface, code, help documentation, copyright material, trademarks, and patents.


for Paying (Upgrading) Customers
 

Billing & Payments

As a paying Pie Services organization workspace user, you will be granted extra value over the free version, that includes more features and ability to pay for your authorized team members you add to the paid account.

In consideration for us to provide the Pie Services, you shall provide current, complete, and accurate billing data (such as credit card holder name, credit card billing address, credit card number, credit card expiration date) and agree to pay to us all fees in accordance with the terms set forth on the payment upgrade page showing your fee (including your selected number of member seats). The Term is month-by-month unless specified in an amendment. Add more seats or remove seats as needed, or you can cancel any time.

You are responsible for payment as per your payment plan whether or not all or any of your member seats are actually used by you. The term is monthly and will renew automatically for the next monthly term period, unless you cancel your account in the application before the next month's Term renewal date.
 

Charges for Adding and Subtracting Members

When you add or subtract the number of member seats, we will adjust the next payment fee schedule and changes will be automatically applied and billed accordingly.

Refunds

Monthly payments already made are nonrefundable. If we stop providing the Pie Service and terminate your account without cause, we'll give you a refund for a future prepaid month.

Termination

We retain the right to terminate the Pie Service if the payment is not made by the due date. We may terminate the Pie Service if the billing or contact information is false, fraudulent, or invalid or in the event of any of your breach of these terms and conditions. If required, you will pay all taxes, including sales, use, value-added, excise, custom fees, import duties, tariffs, or other similar taxes and duties. 


RIGHTS, limits, and other legal Topics
 

Warranty and Limitation of Liability

We create, build, and deliver our Pie Services with reasonable abilities following commercial best practices. We care greatly about our products and services and hope you will find value using them. Although we do our best, we need to express the following limitations.

PIEMATRIX MAKES NO WARRANTIES OR PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON'T MAKE COMMITMENTS REGARDING PERFORMANCE, RELIABILITY, AVAILABILITY, TYPES OR AMOUNT OF FUNCTIONS, OR ASSURANCES THE SERVICES WILL BE ERROR-FREE. WE PROVIDE THE PIE SERVICES "AS IS".

TO THE EXTENT PERMITTED UNDER LAW PIEMATRIX SHALL NOT BE LIABLE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, PUNITIVE, OR INCIDENTAL DAMAGES, EVEN IF PIEMATRIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, GOODWILL, REPUTATION, OPPORTUNITIES, SALES, PROFITS OR REVENUES, TIME AND EXPENSES, OR ANY OTHER DAMAGES OR LOSSES.

THIS EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF PIEMATRIX FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE PIE SERVICES. IN NO EVENT SHALL EITHER PARTY’S LIABILITY HEREUNDER, WHETHER ARISING UNDER CONTRACT, TORT OR WARRANTY, EXCEED THE AMOUNT PAID FOR PIE SERVICES DURING THE LAST PAYMENT TERM.
 

indemnification

If you are using Pie Services on behalf of an organization, that organization accepts these terms. You agree to indemnify, defend and hold harmless PieMatrix and its affiliates, officers, agents, and employees from and against any and all third party claims and damages arising by reason of any breach by you or resulting any content you create, post, or upload into our Pie Services. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you agree to cooperate with us in asserting any available defenses.
 

Termination

This Terms of Service remain in effect until you cancel your Pie Services account. You can terminate your account at any time, which will terminate this Terms of Service.

We reserve the right to limit your use, restrict, suspend, or terminate your account if we believe you are in breach of this Terms of Service, misusing our services, or breaking the law.
 

Jurisdiction

This Agreement shall be governed in accordance with the laws of the State of Vermont.  Any dispute arising under this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Vermont and Customer waives any objection to personal jurisdiction in such venue.


CHANGES TO THese Terms

We may change this Terms of Service in the future. We encourage you to review these terms often to stay informed of changes that may affect you. All updates and amendments are affective immediately upon notice on this page. The most recent version is reflected by the version date located at the top of this Terms of Service page. If policy changes are significant, we'll provide a more prominent notice, for example we may display a popup notice when you log in to the Pie Services.

Questions or concerns: Please contact paul.dandurand@piematrix.com for any questions or concerns. 

Thank you.

PieMatrix Inc.
70 South Winooski Ave., #276
Burlington, VT 05401
info@piematrix.com