Terms of Service
Thank you for using TeamFirst. By using TeamFirst, you agree to our Terms of Service, which is a legal agreement. If you are using TeamFirst for an organisation, you are agreeing on behalf of that organisation. Our Terms of Service apply to your use of our Websites and Services. You hereby agree that you are only entitled to use the services provided by TeamFirst once you have accepted these Terms of Service. Your continued use of TeamFirst’s Website and Services (as defined below) and/or the clicking of the ‘’I AGREE’’ button when registering on the Website shall serve as proof that you have accepted these Terms of Service.
When we say, “we,” “our,” or “us,” we’re referring We Make Great Software, Inc., a Delaware, USA company, our employees, directors, officers, affiliates, and subsidiaries.
When we say “you” or “your,” we are referring to the person or entity that’s registered with us to use the TeamFirst Services.
When we say ‘’the parties’’, we are referring to you and us (as We Make Great Software, Inc. trading as TeamFirst) collectively.
When we say “Websites,” we mean our websites located at getTeamFirst.com including all subdomains and sites associated with those domains, and other websites that we operate now and in the future.
When we say “Services,” we mean our Websites, Application Programming Interfaces (APIs), applications, our content, and various third-party services that make up TeamFirst.
When we say “TeamFirst,” we mean our Websites and Services collectively.
When we say “information,” we mean all of the different forms of data that you provide us and that we collect from you from your use of the Services, your software, and your devices.
2. General Rules
To use TeamFirst, you must (a) be at least thirteen (13) years of age; (b) complete the registration process; (c) provide current and accurate information; (d) agree to these Terms; and (e) undertake to follow these rules:
- You are responsible for all content you provide and your activities on TeamFirst;
- You will use TeamFirst in compliance with all applicable laws, rules, and regulations;
- You will not use TeamFirst to solicit the performance of any activity which infringes our rights or the rights of others; and
- You will not use TeamFirst to upload, transmit, or otherwise distribute any objectionable content, as solely determined by us.
If you break any of your undertakings above or any of the rules in these Terms, we may terminate your account. Your actions may also subject you to legal consequences.
As long as you comply with our Terms of Service, we grant you a non-exclusive, non-transferable, limited privilege to use TeamFirst. Your use of TeamFirst is at your own risk.
3. Intellectual Property
You own your content. We do not represent any ownership or claim any intellectual property rights over the information that you provide or that is provided to us. We own TeamFirst and our Services. You may not copy, reproduce, alter, modify, resell, mirror, or create derivative works of TeamFirst, our Services, or our content on TeamFirst without our express written permission. You shall grant to us a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into TeamFirst or otherwise use any suggestions, enhancement requests, recommendations or other feedback that we receive from you or your agents.
4. Passwords and Accounts
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to. You agree to notify us immediately of any unauthorized use of your account(s). We’re not responsible for any losses due to stolen or hacked passwords. You will not represent that you are any other individual or entity unless such individual or entity has given you written permission to act on their behalf.
5. Payment Terms
The free trial offer entitles new, registered users to a sixty (60) day free trial of the Services. All fees are exclusive of all taxes or duties imposed by governing authorities. You are solely responsible for payment of all such taxes or duties. Monthly Plan: A valid credit card is required for you to continue using the Services on a month-tomonth basis after the sixty (60) day free trial period ends. The Services are billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months, for account upgrades or downgrades, or for months unused with an open account. Annual Plan: Payment in advance is required to continue using the Services on an annual basis after the sixty (60) day trial period ends. The Services are billed in advance on a yearly basis. Refunds for deleted accounts may be requested for unused months between the date of account cancellation and the final date noted on the invoice issued by us. We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to TeamFirst or by email.
6. Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Company Settings and closing your account; or sending an email requesting cancellation to email@example.com. An email request to cancel your account is not considered cancellation; and it is your responsibility to ensure that the TeamFirst team confirms your cancellation by email if you cancel via email. You will not be charged after cancellation. There is no cancellation fee. In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion. We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
7. API Terms
You may access your TeamFirst account data using the TeamFirst API (Application Programming Interface). Any use of the API, including use of the API through a third-party product that accesses TeamFirst, is bound by these Terms. You expressly understand and agree that we 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 we have been advised of the possibility of such damages) resulting from your use of the API or third-party products that access your data via the API. Abuse or excessively frequent requests to TeamFirst via the API may result in the temporary or permanent suspension of your access to the API. We may, at our sole discretion, determine abuse or excessive usage of the API. We reserve 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.
You agree to indemnify and hold us harmless from any and all demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of or in connection with your use of TeamFirst.
9. Representations and Warranties
To the maximum extent permitted by law, we provide TeamFirst on an “as is” and “as available” basis, which means we don’t provide warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose and to any warranties that (i) TeamFirst will meet your specific requirements, (ii) TeamFirst will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of TeamFirst will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through TeamFirst will meet your expectations, and (v) any errors in TeamFirst will be corrected.
10. Limitation of Liability
To the fullest extent permitted by law, you assume full responsibility for and we are not liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we had been advised of the possibility of such damages. We are not liable for the acts, omissions, and conduct of any third parties related to your use of TeamFirst and any linked sites and services. Your sole remedy against us for dissatisfaction with TeamFirst is to stop using TeamFirst. This limitation of relief is a part of the bargain between you and us. The preceding disclaimer applies to any damages, liability, or injuries whether for breach of contract, tort, negligence or any other cause of action. If, notwithstanding the other provisions of the Terms, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or any of our Services, our liability shall not exceed what you paid us for the Services in the previous month. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
11. Governing Law; Dispute Resolution
In the event of any controversy or claim arising out of or relating to this agreement, or a breach thereof, the parties hereto shall first attempt to settle the dispute by mediation, administered by the American Arbitration Association under its Mediation Rules. If settlement is not reached within thirty days after service of a written demand for mediation, any unresolved claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Delaware and Delaware law shall apply, unless otherwise agreed to by the parties in an Arbitration Agreement. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
12. Force Majeure
You agree that we are not liable for any delays or failure in performance of any part of the Services, from any cause beyond our control.
If one or more sections of the Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
15. No Waiver
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
16. Entire Agreement
These Terms and all documents incorporated into these Terms by reference constitute the entire agreement between you and us and govern your use of TeamFirst, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Terms of Service).
17. Amendments and Changes to TeamFirst
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the Terms, at any time. Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. Unless explicitly stated otherwise, any new features that augment or enhance TeamFirst shall be subject to the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of TeamFirst following the posting of changes will mean that you accept and agree to the changes. We reserve the right to do any of the following, at any time, without notice to you: (1) to modify, suspend or terminate operation of or access to TeamFirst, or any portion of TeamFirst for any reason; (2) to modify or change TeamFirst, or any portion of TeamFirst, and any applicable policies or terms; and (3) to interrupt the operation of TeamFirst, or any portion of TeamFirst, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
18. Questions and Contact
If you have any questions or concerns about the Terms, please email us at firstname.lastname@example.org.
You hereby undertake to inform us as a matter of absolute urgency as soon as you become aware of
any breach of these terms and conditions. If any of the parties commits a breach of these Terms
of Service (“the Defaulting Party”), and/or fails to comply with any of the provisions thereof,
then the party against whom the breach is committed (“the Innocent Party”) shall be entitled to
give the Defaulting Party 7 (seven) calendar days’ notice in writing to remedy such breach
and/or failure and if the Defaulting Party fails to comply with such notice, then the Innocent
Party shall forthwith be entitled, but not obliged, without prejudice to any other rights or
remedies (except the right to cancellation) which the Innocent Party may have in law, including
the right to claim damages:
14.3. to cancel these Terms and/or claim damages; or 14.4. to claim immediate performance and/or payment of all the obligations of the Defaulting Party in terms hereof.
20. Notices and service address
You choose your service address for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at the addresses, e-mail and telephone numbers as set out in your application for registration on this Website. Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post, facsimile or email to the relevant party to this agreement at its respective address as specified on the application for registration on this Website. The Website chooses its service address as Any notice given and any communication or payment made by any party hereto to any other (the "Addressee") which: (a) is delivered by hand during the normal business hours of the Addressee at the Addressee's service address for the time being, shall be presumed, unless the contrary is proved, to have been received by the Addressee at the time of delivery; (b) is transmitted by email during normal business hours, shall be presumed, unless the contrary is proved, to have been received by the Addressee 24 (twenty four) hours after the time of transmission. (c) is delivered by registered mail, shall be presumed, unless the contrary is proved, to have been received by the Addressee 5 (five) days after the letter was sent. Notwithstanding anything to the contrary herein contained, a written notice or communication actually received by an Addressee shall be adequate written notice or communication to him, notwithstanding that it was not sent to or delivered at his chosen domicilium.