Terms, conditions and cancellation policy
Last updated: 2023
Welcome to Handdy. We are excited to have you as our client. Thank you for visiting our Website and reviewing our Website Terms and Conditions.
Ownership, Copyright and Trademarks
The Website application, Services, all Content generated by Handdy is used to create and operate the Website is the property of Handdy or its licensors, and is protected by US and international copyright laws, and all rights to the Services, such Content and Website software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation.
You acknowledge that any and all information voluntarily posted or submitted by you, including but not limited to reviews, blog posts, social media posts, comments, suggestions, ideas, questions, know-how, techniques ("collectively, "Content"), is and will not be considered as confidential or proprietary. You acknowledge that any and all Content provided by you does not contain information that is defamatory, illegal, infringing on any intellectual property rights, or injurious to any party. By voluntarily posting or submitting your Content, you grant Handdy and its affiliates a non-exclusive, perpetual, royalty-free, worldwide, licensable, and irrevocable right to use, publish, distribute, translate, create derivative works, adapt, sell, perform, reproduce, reverse-engineer, recompile, modify, and display Content. You also grant Handdy and its affiliates the right to use the name you submit in association with your Content and the right, but not obligation, to remove or edit your Content for any reason.
Your Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your Content may cause to you or other people. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you authorize third parties to access your User Content through the Website, including through the Handdy API or an Add-on You agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.
For certain Handdy applications you may provide password access to authorized users. An authorized user is a user designated by you via the add staff section of our applications. Such authorized users may have access to the information and perform various tasks as instructed by the you which include but not limited to sharing information, sending information on behalf of you, managing invoices, entering payments and so on. You are solely responsible to monitor the people you have given access to your application.
Fees; Charges; Taxes
If fees is charged for use of the Website application and for any Add-ons that are described on the Site, it may change from time to time. If we change them, we will give you at least 30 days’ notice. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.
Delivery of software service
You can start to use this Web based software immediately after you register. In cases where a credit card is needed, you can access after your credit card has been accepted for payment. If you have signed up for a free account, promotional account or a beta account you can start to use the software online immediately after you complete your online registration.
Cancellation or Closing your account
If you are using a free account: You can close your account by sending an email to email@example.com If you are using a paid account: To cancel and close your paid account, please send an email to firstname.lastname@example.org and request to cancel or close your account. Your credit card will not be charged the following month. You need to send this notification mail 5 business days prior to the end of the month. Any requests which are received during the last 5 business days of the month will be processed the following month and your account will be cancelled the next month. Your account and data will be deleted upon cancellation of your account.
Return and Refund
You don't need to and cannot return this product as this software product is available to use only on the Web. There is no refund available for the software. Your software account can be cancelled anytime as per the information provided in this cancellation or closing your account section.
Suspension and closure by us
If you (or any other user of the Account Holder's account) fail to abide by these Terms of Service, or if payment of the subscription fees is not paid on time, we reserve the right to suspend your access to The Service or permanently cancel the Account Holder's Handdy.com account. If we withdraw access to The Service because these Terms of Service have been breached, no refund will be payable by us. We also reserve the right to close any Handdy.com account (including accounts opened during any ‘free trial' or ‘beta trial' period) for any reason. We may block your access, terminate your subscription, or refuse to process a payment if we reasonably believe there’s a risk - like a potential breach of a law or regulation - associated with you, your company, your subscription, or a payment.
Data and Security
Handdy adheres to all international and GDPR data protection regulations. Your confidential data is not provided to any third party service or company. You agree to provide Handdy the ability to access, process and dispose your data commensurate with the software you use. If you decide to cancel or discontinue your subscription, Handdy will delete all data that you have maintained in its software and servers.
Data loss is an unavoidable risk when using any technology. You’re responsible for maintaining copies of your data entered into our services. Whatever the cause of any downtime, access issues or data loss, your only recourse is to discontinue using our services.
We’ve invested in technical, physical and administrative safeguards to do our part to help keep your data safe and secure. While we’ve taken steps to help protect your data, no method of electronic storage is completely secure, and we cannot guarantee absolute security. We may notify you if we have reason to believe that someone has accessed (or may be able to access) your account or information in your account without authorization and we may also restrict access to certain parts of our services until you verify that access was by an authorized user.
You are responsible for all activities that occur under your password or account and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security. You will not disrupt the functioning of the Service, solicit another user's password, or otherwise act in a way that interferes with other users' use of the Service. Nor may you post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information.
This site, including any content or information contained within it or any site-related service, is provided "as is," with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Website, Website-related services, and hyperlinked websites.
Handdy its affiliates, partners and vendors are neither responsible nor liable to you for any direct, indirect, incidental, consequential, special, exemplary, punitive, loss of revenue/business/profits (in each case whether direct or indirect), or other damages arising out of or relating in any way to the Website, site-related services, data, usage of the web application, content or information contained within the Website, and/or any hyperlinked Website. Even if Handdy knew or should have known that such damages were possible, to the fullest extent permitted by law, Handdy’s aggregate liability with respect to these terms will be the lesser of USD$50 or the one month of website fees paid by you prior to the issue/breach. Handdy has no relationship with or obligation to, and accepts no liability arising out of the Website in relation to any other party. Handdy and you agree that the waivers and limitations specified in this paragraph apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise and will survive and apply even if any limited remedy specified in these terms are found to have failed of its essential purpose. This paragraph shall survive termination of the agreement.
Although Handdy attempts to ensure the integrity and accurateness of the Website software and services, Handdy makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website, instructions or other information could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform email@example.com so that it can be corrected. Information and functionality contained on the Website may be changed or updated without notice.
Handdy is not a party to any agreements entered into between you and its vendors or partners and has no control over the quality of products or services provided by those vendors or partners. You agree that you release Handdy, its officers, directors, employees or agents from all claims, demands and damages of every form, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your relationship with the vendors or partners, or the products or services provided by the vendors or partners, or any actions of the vendors or partners. Handdy shall also not be liable for any claims or actions brought by its vendors or partners against you.
Subject to the terms set forth herein, Handdy grants to you, and the latter accepts, the following limited, non-exclusive right:
You have the right use, during the term of your service plan, the features available under your service plan. The right to access and use your user account during the term hereof in a manner and by such means as consistent with the service plans whose benefits you are entitled to enjoy. Your rights and obligations attaching cannot be sublicensed or delegated.
Handdy is intended for normal end use, respecting the rights, freedoms, and legitimate interests of others, and may only be accessed through the interfaces that Handdy has provided you with. Where documentation is available concerning a particular feature, the feature should be used in accordance with that documentation. Reproduction of the software is not allowed. All software related intellectual property shall be retained by Handdy. You shall not acquire any right thereto or otherwise in connection with the software or service, except for the limited rights of use expressly set forth in this terms and conditions.
The software is for business users (except for Handdy home accounts), to be enjoyed as a workplace tool. It is not intended for personal or household use or any other consumer application. Any individual wishing to use any of the features for a purpose unrelated to his trade, business, craft, or profession must, before obtaining a service plan for the respective feature(s), notify Handdy that you wish to use the Service as a consumer. Your failure to provide such notice will, to the maximum extent permitted by law, result in the following: (a) You shall be deemed to have waived the respective consumer right; (b) no consumer law applying to relationship between Handdy and you. (c) You are forfeiting any and all consumer rights hereunder, including particularly, if applicable, the right to withdraw from the agreement and service plan in question.
Patent assertion entities (also referred to as non-practicing entities or patent trolls), meaning persons or entities that derive or seek to derive a substantial part of their revenue from the offensive assertion of patent or other intellectual property rights, are generally restricted from being users and shall not enjoy any of the rights that a customer is intended to have hereunder, except as otherwise provided in the following part of this section. A patent assertion entity and anyone acting on behalf, on the instructions or for the benefit of, or directly or indirectly controlling, being controlled by, or under common control with, such an entity is prohibited from being a user and must not perform any of the acts mentioned in the definition of "user", save upon the supplier's prior, explicit and informed consent and the respective person or entity having given such undertakings and assurances as the supplier reasonably may request.
We offer paid and unpaid free software. For paid software, we may vary the fees, rates and the billing cycle applicable to your service plan upon a month's notice. If you do not agree with the respective change(s), your sole remedy shall be to cancel your service plan. All fees that are paid are nonrefundable even if terminated during mid billing period. Handdy uses third party service for charging for service and is not responsible for these parties or any liability concerns related to these. Late payment may result in access restriction or termination of service.
You shall be fully responsible for all activity under your user account, including all data processing. You must notify Handdy promptly upon learning of any security breach relating to or unauthorized use of your user account. It is your own responsibility to maintain confidentiality of your usernames, passwords, access tokens and similar credentials. We have no obligation to monitor or access any User Account but may do so if reasonably warranted (e.g., to provide technical support, prevent illegal or harmful activity, perform its duties hereunder or comply with a legal obligation). Handdy may, in its sole discretion, temporarily or permanently disable, close or restrict access to any User Account that is used for infringing on anyone's Intellectual Property or proprietary or personal rights or violate and terms and conditions. Handdy is not liable for any loss, damage or other undesirable consequences resulting from your actions.
Handdy will use commercially reasonable efforts to provide you with the benefit of all features authorized under your service plan. The level of service for which you are entitled (including the features, support, scope, availability and means of accessing) may depend on the service plan chosen.
You may contact support for issues, Handdy will aim to respond support requests within 24 hours and endeavors to resolve Software errors and Service defects within reasonable time but makes no commitment as to how quickly support will be provided or such matters will be resolved.
You also acknowledge and agree that the software may not be designed to meet your specific requirements, may from time to time suffer interruptions and be occasionally unavailable, has and will continue to have certain bugs and vulnerabilities, and should not be relied upon in inherently dangerous circumstances. The software, the service and anything offered or delivered as a part of, in conjunction with, or by means of any feature is provided on an "as is" and "as available" basis.
Handdy reserves the right to modify or discontinue the Website with or without notice to you. Handdy shall not be liable to you, or any third party should Handdy exercise its right to modify or discontinue the Website and services. You acknowledge and accept that Handdy does not guarantee continuous, uninterrupted or secure access to our Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Handdy has no obligation to enhance, modify or replace any part of the software, or continue developing or releasing new versions thereof.
Limitation of Liability
Handdy software is provided "as is" and "as available", with all faults and defects. Handdy shall not be liable for any damages whatsoever. In particular Handdy shall not be liable for any special, indirect, direct, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Website or the information contained in it. Whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Handdy has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable. In any event Handdy’s total cumulative liability arising out of, related to, or in connection with this agreement, the service, the documentation, the processing of personal data, or anything else, shall not exceed the total financial consideration you paid in connection with the software service during the 12 months immediately preceding the month in which the liability event (i.e., the event/s or circumstance/s underlying Handdy’s liability) occurred, or (ii) if the user had no obligation to make such payments during the period mentioned, then USD 1 (1 US$).
Neither party shall be liable for breaching his obligations due to a circumstance that is beyond their control and which they reasonably could not have foreseen or avoided and which, or whose consequences, they reasonably cannot be expected to overcome, such as, for example, a force of nature, conduct of public authorities, war, civil unrest, act of terror, pandemic, nontrivial cyberattack, failure of a third-party hosting, internet or utility service or any other circumstance qualifying as force majeure under applicable law — to the extent that the respective circumstance prevented or hindered the Party's performance. For the avoidance of doubt, this section shall not limit the amount of, or excuse you from paying, any fee or other sum that you owe for software.
Choice of Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Pennsylvania, USA, exclusive of its choice of law rules. Any disputes, controversies or claims arising out of or relating to these Terms and Conditions shall be settled by arbitration conducted in Pittsburgh, Pennsylvania in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney fees.
You agree to indemnify and hold Handdy its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by you or any third party due to or arising out of your use of the Website and Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Third Party Links and Content
This Website and Apps may contain links to other websites provided by third parties who offer products and services. These links can also be a part of our promotional activities. Such this party sites are completely independent of this Site and as we have no control over them. We accept no liability in respect of your use or inability to use them or any of the content of such third-party sites. We likewise accept no liability in respect to any of the products, information, materials or services offered or provided by other organizations listed or linked from this Site. We also do not endorse any of these sites or their products and services. If you select, purchase, use or enter into a binding contract with any such third party Site, you agree to hold us harmless and hereby release us from any liability whatsoever whether arising out of contract, tort or otherwise for any liability, claim, injury, loss or damage suffered as a result of the you or any user offering to accept any products or service that are available from those third party sites.
No Unlawful or Prohibited Purpose
As a condition of your use of this Website, you warrant to Handdy that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. Handdy retains the right, at our sole discretion, to immediately terminate any accounts involved with botnets, spamming and related misuse activities. Handdy reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
API, widget, plugin, or extension access
Handdy may make available external products for accessing the Handdy.com API (application program interface) such as code samples, widgets, plug-ins, etc., and third-party developers are also encouraged to build their own. Third-party developers may request a developer key for their application free of charge by sending an email to support at handdy.com.
We connect with other software using API’s for certain functionality of the Website. You will have the option to select what you connect with. If you choose to accept the connection, we will share and receive only the information that is necessary for our website to work with the other third party companies.
You agree that any use of the Handdy API, whether through Website or a third-party product, is bound by the terms and conditions of this agreement plus these additional terms:
- You understand and agree that Handdy shall not be liable for any financial or data loss resulting from use of the API or third-party products that access data via the API.
- No guarantees as to the degree of uptime for the API is given, though reasonable attempts will be made to keep it regularly available. Handdy reserves the right to modify or discontinue the API with or without notice.
- Abuse or excessive access to the API may result in suspension of an individual’s access or the access of a particular application.
We appreciate you signing up as our user. We value your business and look forward to your suggestions, comments and participation in our social media (blog, twitter and facebook pages).