Terms of Service
1. Summary
These Terms form a binding contract between you and Bethlehem Software LLC. They contain a mandatory arbitration clause, a class action waiver, disclaimers of warranties, and broad limitations of liability. The Services are provided “as is,” “as available,” and “with all faults.”
Contents
- 2. Eligibility & Accounts
- 3. License & Acceptable Use
- 4. Fees, Subscriptions & Taxes
- 5. Third-Party Services
- 6. Intellectual Property
- 7. Feedback
- 8. Confidentiality
- 9. Privacy
- 10. Disclaimers
- 11. Limitation of Liability
- 12. Indemnification
- 13. Arbitration & Class Waiver
- 14. Suspension & Termination
- 15. Changes to the Terms
- 16. Export & Sanctions
- 17. Copyright/DMCA
- 18. Miscellaneous
- 19. Contact
2. Eligibility & Accounts
- You must be legally capable of entering into contracts where you reside. If you use the Services on behalf of an entity, you represent you have authority to bind that entity; “you” includes the entity.
- You are responsible for your account, credentials, and all activity under it. Keep credentials confidential and notify us immediately of any suspected compromise.
3. License & Acceptable Use
Subject to these Terms and any order forms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes.
You will not (and will not permit others to):
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code except to the extent such restriction is prohibited by law.
- Bypass or breach security or rate limits; probe, scan, or test for vulnerabilities.
- Access the Services to build a competing product or service or for benchmarking without our written consent.
- Use the Services for unlawful, harmful, or high-risk activities (including life-critical systems, medical or legal decision-making, aviation, nuclear facilities, or where failure could lead to death, personal injury, or environmental damage).
- Transmit malware, infringing, defamatory, or otherwise unlawful content; violate third-party rights.
4. Fees, Subscriptions & Taxes
- Paid plans renew automatically at the then-current rates unless canceled as stated in your account or order form.
- Fees are non-refundable except where required by law or expressly stated otherwise. We may suspend or terminate for non-payment.
- You are responsible for applicable taxes, duties, and withholdings, excluding our U.S. income taxes.
5. Third-Party Services
The Services may interoperate with third-party products or contain links. We do not control and are not responsible for third-party services. Your use of them is governed by their terms, not ours.
6. Intellectual Property
- We and our licensors retain all right, title, and interest in and to the Services, software, documentation, logos, and trademarks.
- Between you and us, you retain all rights in content you submit to the Services (“Your Content”). You grant us a worldwide, royalty-free license to host, process, transmit, and display Your Content to provide and improve the Services and to comply with law.
7. Feedback
If you provide feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or attribution.
8. Confidentiality
Non-public information you disclose to us that is marked confidential or should reasonably be understood as confidential will be used only to provide the Services and protected with reasonable measures. This does not cover information that is public, independently developed, or lawfully obtained from a third party.
9. Privacy
Your use of the Services is also governed by our Privacy Policy.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES—EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE—including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage. We do not warrant that the Services will be uninterrupted, secure, error-free, or that data will be preserved without loss.
11. Limitation of Liability
- No Indirect Damages. To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or increased damages; loss of profits, revenue, goodwill, or data; business interruption; or substitute goods/services costs—even if advised of the possibility.
- Cap. Our total aggregate liability arising out of or related to the Terms or the Services is limited to the greater of
US$100or the amounts you paid to us for the Services giving rise to the claim in the 12 months before the event first giving rise to liability. - Allocations. These limits apply to the maximum extent permitted by law and form an essential basis of the bargain between you and us.
12. Indemnification
You will defend, indemnify, and hold harmless Bethlehem Software LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Your Content; (b) your use or misuse of the Services; (c) your breach of these Terms; or (d) your violation of law or third-party rights.
13. Binding Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. Most disputes must be resolved by binding, individual arbitration; you waive the right to a jury trial or to participate in a class or representative action.
- Scope. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be settled by arbitration administered by JAMS under its applicable rules. The Federal Arbitration Act governs interpretation and enforcement.
- Venue. Arbitration will occur in Maricopa County, Arizona, USA, unless we agree otherwise or you and we choose remote proceedings.
- Class Waiver. Claims must be brought on an individual basis only. No class, collective, or representative proceedings.
- Injunctive Relief. Either party may seek temporary or preliminary relief in court to protect its rights or property pending arbitration.
- Opt-Out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing a clear notice to the address in Section 19 with “Arbitration Opt-Out” in the subject. If you opt out, you agree to exclusive jurisdiction and venue of the state and federal courts in Maricopa County, Arizona.
14. Suspension & Termination
We may suspend or terminate access immediately for any actual or suspected breach of these Terms, for non-payment, to comply with law, to address a security risk, or to protect the Services. You may stop using the Services at any time. Certain sections survive termination, including Sections 3–14 and 16–18.
15. Changes to the Terms
We may revise these Terms by posting an updated version with a new effective date. Changes apply upon posting. Continued use of the Services after the effective date constitutes acceptance.
16. Export, Sanctions & High-Risk Use
You must comply with all applicable export control and sanctions laws. You will not use the Services in or for the benefit of embargoed or sanctioned countries or parties, or for high-risk activities where failure could lead to death, personal injury, or severe environmental harm.
17. Copyright/DMCA
If you believe content infringes your copyright, send a notice with details to the address in Section 19. We may remove or disable access to alleged infringing material and terminate repeat infringers.
18. Miscellaneous
- Governing Law. Arizona law (without regard to conflicts principles) governs, except that the FAA governs arbitration.
- Entire Agreement. These Terms and any order forms constitute the entire agreement and supersede all prior or contemporaneous agreements on the subject matter.
- Severability. If any provision is unenforceable, the remainder stays in effect; the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign freely.
- Force Majeure. We are not liable for delays or failures due to events beyond our reasonable control.
- Notices. We may provide notices via the Services, email, or posting. Notices to us must be sent to the address in Section 19.
Contact
Bethlehem Software LLC2942 N 24th St Ste 115
PMB 663320
Phoenix, Arizona 85016-7849
Email: 