Terms of ServiceEnvoy Facilities Maintenance, LLC (hereinafter, Envoy, as well as references to we, us and our) offers subscription-based access to our proprietary software as a service platform hosted on our website app.fmdashboard.com (Service).  To subscribe to the Service, you must execute an Order Form and/or complete the sign-up flow for the Service on our website. The sign up flow or Order Form, identifies the Service subscription level you have subscribed to, the subscription term and the fees payable by you for access to and use of the Service. You are only entitled to use the Service if you have properly subscribed and paid for the Service.  Moreover, your use of the Service is subject to your compliance with all terms and conditions of the terms and conditions set forth herein (Terms of Service), and you hereby agree to be bound by the Terms of Service.Modification of Terms of Service. Envoy reserves the right to update, change or modify the Terms of Service at any time by posting an amended Terms of Service or other specific amendment to the Terms of Service at: https://fmdashboard.com/terms_of_service/.  Your continued use of the Service after notice of a modification indicates your acceptance of the amended Terms of Service. You should check the Terms of Service via the above-referenced link periodically for any material changes and relevant effective date(s).Service Fee Adjustments.  Envoy reserves the right from time to time to adjust the fee(s) it charges subscribers for access to and use of the Service. Your continued use of the Service after notice of any fee adjustment indicates your acceptance of such fee adjustment. Such Notice of Fee Increase may be ninety (90) days prior to the effective date of such increase via notification or alert within the Service, or in accordance with other Notice provisions in the Terms of Service.Notice. We may give notice to you by means of (i) a general notice or alert displayed upon login to your account, (ii) by email to the primary e-mail address associated with your account, or (iii) by written communication sent by first class mail to the primary address associated with your account. Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail), or twelve (12) hours after sending (if sent by email), or immediately if by notice or alert displayed upon login to your account.Changes to the Service.  Any new features that augment or enhance the current Service, including the release of new versions, tools and resources, shall be subject to the Terms of Service. You have no right to refuse such changes or to continued access to unchanged or previous versions of the Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You acknowledge and agree that we reserve the right to modify the Service (or any part thereof) from time to time and that we shall not be liable to you or to any third party for any modification to the Service.Expanding the Service. From time to time, we may offer and you may elect to subscribe to additional or expanded subscription levels, or to additional or expanded tools and/or features of the Service, including new Services as may be made available by Envoy from time to time, by executing an additional Order Form, as part of the Service. Each new Order Form will include the term, the price and billing date(s) of the tool(s), feature(s), subscription level, and/or Service(s) being added at that time. All such new items shall be subject to these Terms of Service, as well as any additional terms and conditions that may be specifically applicable.Subscriber/User Requirements. You must be thirteen (13) years or older to subscribe and/or to use the Service. 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 order/subscription/sign-up process. Each user needs a unique user ID and password - we do not authorize sharing user IDs. This is because there are practical security issues that can arise from sharing user IDs. Accordingly, sharing IDs is neither authorized nor a good idea. You are responsible for maintaining the security of your account, your user ID and password.  Envoy 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 Data and content posted and activity that occurs under your account (even when Data or content is posted by others who have user IDs under your account).  If you are using a free or trial account you are not permitted to block ads. One person or legal entity may not maintain more than one free or trial account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).Guidelines for Account Administration.  It is extremely important that you closely monitor the status and identity of each user - particularly users to whom you assign administrative access. Each user has certain abilities and access rights, and we assume no responsibility for acting on requests consistent with the guidelines below.Generally, the party responsible for payment of the account ("Account Holder") has the authority, during the period for which the party has paid for access to the account, to:(a) cancel the account;(b) add, edit, and delete users (including the ability to grant or deny access to "administrative access" and access to billing reports and functionality); and(c) access any and all data in the account, including the authority to contact support and request and override user-designated access permissions.A user that has been granted "administrative access" rights in the application/Service automatically has the authority set forth in (b) above, but does not have authority to cancel the account or to override any permissions that have been set in the application/Service, unless such user is also the Account Holder and/or Designated Payor (defined below).The party or entity whose credit card and/or other payment information being used for the account ("Designated Payor") will have the same access rights as the Account Holder, even if the Designated Payor is not the same person or entity as the Account Holder. Accordingly, the Account Holder should use extreme care when determining the Designated Payor, and you review such information regularly to confirm its accuracy.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AT ALL TIMES WE RESERVE THE EXCLUSIVE RIGHT (BUT DO NOT ASSUME THE OBLIGATION) TO REQUEST ANY ADDITIONAL EVIDENCE THAT WE BELIEVE IS REASONABLE AND SUFFICIENT TO ESTABLISH THAT THE INDIVIDUAL REQUESTING SUPPORT PERSONNEL TO CONDUCT ANY PARTICULAR ADMINISTRATIVE ACTION HAS THE REQUISITE LEGAL AUTHORITY TO DO SO.Payment, Refunds, Upgrading and Downgrading Service Subscriptions.  A valid credit card is required for all accounts. You are responsible for immediately updating your credit card information in the event of expiration, cancellation or insufficient available credit balance.  The Service is billed and fees are due in advance, either (1) annually (One-year Subscription), or (2) monthly (Monthly Subscription), and is non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for any unused months or partial months. In order to treat all subscribers equally, no exceptions will be made.  You acknowledge that your failure to pay any fees or charges when due may result in suspension or termination of your Service subscription(s).  If you fail to pay any fees or charges due hereunder, Envoy reserves the right to engage a collection agency to collect the fees and charges, and you shall pay all costs associated with the collection of such past due amounts, including, without limitation, reasonable attorneys and collection agencies fees plus interest in an amount equal to the lesser of 1.0% per month or the maximum rate permitted by applicable law, and you give us permission to charge your account for such accrued and unpaid fees at any time on or after they have accrued. We will allow a 10 day grace period for late payments, but no more than 2 tardy payments during the subscription period will be allowed before we will seek to terminate your service. For any upgrade or downgrade in subscription level, your credit card will automatically be charged the new rate on your next billing cycle. Your Account must be current and in good standing in order to download a copy of the Data you have uploaded to and/or entered in the Service.Third-party Payment Processing.  As with other online service providers, we work with companies that handle our payment processing. You agree that we can share any credit card and related billing information with those companies, but only for checking credit, servicing your account, in response to valid legal process, or to establish or protect our rights. We do not assume any responsibility for any use or disclosure by any such third parties, and you hereby agree to release and hold Envoy harmless for the same.Taxes.  You shall be responsible for all sales tax, use tax, value added taxes, withholding taxes and any other taxes, charges, levies or duties of any kind imposed by any federal, state or local governmental entity relating in any way to your account and/or your access and/or use of the Service. In the event we pay or collect any such tax, charge, levy or duty for which you are responsible, pursuant to this Section, the same shall be assessed against your account and charged to your credit card.90 Day Cancellation Period.   During the first 90 days of your subscription, you can cancel any time without penalty by calling and speaking with your account manager. After the initial 90 days of service. You will not be billed for any further periods thereafter. We do not provide pro-rated credits or refunds for cancellations done after that month’s payment has been billed.ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FIRST NINETY DAYS WILL BE PERMANENTLY LOST UNLESS YOU CONTINUE YOUR SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THESE TERMS OF SERVICE. DURING THE FIRST NINETY DAYS THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.Cancellation and Termination.  After the initial 90 days of service, You can cancel any time by calling and speaking with a customer support representative. Since the Service is billed and fees are due in advance, you will be responsible for Service fees for the period following your notice of cancellation.  You will not be billed for any further periods thereafter. We do not provide pro-rated credits or refunds, outside of any applicable money back guarantee.  A live call to cancel is a necessary step, takes just a few minutes, and serves as an added safeguard by securing an additional acknowledgment of our data deletion policies. (Support is available during business hours, Monday through Friday, 9am-5pm Eastern Time.) A written or email notice may be supplied to confirm cancellation after the live call has been completed. If you do not cancel your account, it will automatically renew for the same term length that was most recently in effect.We reserve the right to suspend or terminate your account at any time; however, as a practical matter, suspension or termination usually only happens in two circumstances: (a) you have not paid your subscription fee on time; or (b) you have not complied with our subscription terms. In most cases, although we are not required to do so, in the event of non-payment our customer support representatives will make a reasonable attempt to contact you to provide you with an opportunity to bring your account current. In the event of a breach of subscription terms, our precise course of action will depend upon the nature of the breach and the effect, if any, on our service, or business as a whole, and our intellectual property rights.IF AN ACCOUNT IS TERMINATED FOR ANY REASON (BY YOU OR US), DATA EXISTING IN THE ACCOUNT (INCLUDING, BUT NOT LIMITED TO, CONTACTS, CALENDAR ENTRIES, WORK ORDER ENTRIES, INVOICE AND QUOTE APPROVALS, ACTION ITEMS, NOTES, AND SO FORTH), IS SUBJECT TO IMMEDIATE DELETION AND IN ALL CASES WILL BE PERMANENTLY DELETED WITHIN APPROXIMATELY 30 DAYS OF ACCOUNT TERMINATION. IF YOU DO CHOOSE TO LEAVE US, IT IS EXTREMELY IMPORTANT THAT YOU PLAN AHEAD AND REMOVE YOUR DATA PRIOR TO THE EXPIRATION OF THE PAID TERM IN EFFECT.Our support team will gladly provide you with instructions for retrieving your data during an active subscription period.If your account is terminated before you have retrieved data that you need, you may request that we schedule an attempted restore of a previously open and authorized account. Restores requested within 30 days of termination are occasionally possible, but they require the intervention of technical personnel and will incur additional fees. A successful restore consists of a re-activation of an account to its status as it existed on the last date of paid service. Restores are not guaranteed as they are conditional upon several factors, including the frequency of the automated backup and deletion procedures executed by our technical partners.Prohibited Uses.  Our Service is not be used for: (a) any independent licensing, sublicensing, renting, leasing, or other kind of resale; (b) any distribution of spam; (c) sending, storing or uploading any obscene, unlawful or infringing material, or violating anyone's rights; (d) sending, storing, or uploading any malicious code, viruses, or the like, or doing anything that disrupts the performance of the application generally; (e) impersonating anyone, including our personnel; (f) providing support or resources to organizations designated by the United States government as terrorist organizations; (g) attempting to gain unauthorized access to our servers or customers; or (h) any unlawful activity. The Service is not to be accessed in any way other than by the Envoy provided or authorized login interface.Intellectual Property Rights.  The Service, including all related applications and software, is owned and operated by Envoy Facilities Maintenance, LLC, a Georgia limited liability company. Our company website(s), our manuals, FAQs, and all related collateral materials, in addition to our name, logos, taglines, and goodwill all belong exclusively to us. We own all right, title, and interest, including all intellectual property rights, in and to the Service(s) and the underlying software and any and all updates, upgrades, modifications, enhancements, improvements or derivative works thereof, and in any idea, know-how, and programs developed by us or our licensors during the course of performance of or provision of the Service(s). Your rights to use the Service, including all related applications, software and other related materials, are expressly subject to the terms of this Terms of Service. We do not grant any rights except those expressly set forth herein.  You shall not: (a) modify, copy, or create derivative works based on our Service(s), including any related applications or software, its copyrighted design, or its look and feel; (b) frame or mirror any part of our website(s), our Service(s) and/or any related application(s), software, material(s) or property; (c) use any bots, spiders, scripts, or other similar devices or processes in connection with any of our property; (d) reverse engineer, decompile or disassemble, or otherwise seek to obtain the source code or APIs to our Service(s) or any of our property, except to the extent expressly permitted by applicable law (and then only upon advance notice to Envoy); (e) rent, lease, copy, provide access to or sublicense our Service(s) or any of our property to a third party or use our Service(s) to provide a service to a third-party; (f) remove or obscure any product identification, proprietary, copyright or other notices contained in our Service(s) (including any reports or data printed from our Service(s)), (e) incorporate the Service(s) or any of our property into any other offering (whether software as a service or otherwise), or (f) publicly disseminate information or analysis regarding the performance of our Service(s).The look and feel of the Service is Copyright 8 2017 Envoy Facilities Maintenance, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Envoy.Data Security.  See our Security FAQ (www.fmdashboard.com/faq_security) for information on relevant security and privacy measures.Liability Limitations; Warranty Disclaimers.  WITH THE SOLE EXCEPTION OF THE EXPRESS TERMS OF ANY SERVICE-LEVEL GUARANTEE THEN IN EFFECT, THE Envoy WEBSITE, THE SOFTWARE AS A SERVICE APPLICATION, AND ALL OF ITS RELATED MATERIAL (SERVICE), IS MADE AVAILABLE AS IS, AWITH ALL FAULTS AND AS AVAILABLE. Envoy MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EACH OF WHICH IS HEREBY EXPRESSLY DISCLAIMED. THERE IS NO GUARANTEE THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED.  Envoy IS NOT LIABLE FOR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF (OR THE INABILITY TO USE) THE SERVICE. Envoy IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THE SERVICE. THE EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICE IS TO DISCONTINUE USE AND/OR TERMINATE SERVICE IN ACCORDANCE WITH THE CURRENT APPLICABLE ACCOUNT TERMINATION PROCEDURES. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF Envoy HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF HOW SUCH DAMAGES MAY HAVE ARISEN, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH A CLAIM IS BASED.THE SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, OR INTENDED FOR USE AS, OR IN CONNECTION WITH, ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, IN WHICH THE FAILURE OF THE SERVICE IN ANY MANNER COULD LEAD, DIRECTLY OR INDIRECTLY, TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, Envoy SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.Note that from time to time, we may provide functionality that facilitates access to other third party applications or services, such as synchronization with Google calendar, Outlook, DropBox, and others. We do not assume any responsibility for the operation or support of such applications, the terms and conditions for use of those services are set by their respective providers.ENVOY SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.NOTWITHSTANDING ANY OTHER PROVISION OF THIS TERMS OF SERVICE OR ANY OTHER AGREEMENT BETWEEN THE PARTIES, ENVOY'S ENTIRE LIABILITY TO CUSTOMER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO ENVOY DURING THE PRIOR TWELVE MONTHS UNDER THESE TERMS OF SERVICE FOR CUSTOMER'S SUBSCRIPTION TO THE SERVICE.WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO ANY FEDERAL OR STATE STATUTES OR REGULATIONS THAT MAY BE APPLICABLE TO YOU. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.The warranty limitations, disclaimers, and other legal protections applicable to Envoy herein may be asserted in full by its parent, employees, officers, directors, managers, and affiliated companies, and each are intended third-party beneficiaries of such protections.Envoy shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.You expressly understand and agree that Envoy 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 Envoy 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; (v) or any other matter relating to the Service.Indemnity.  You agree to indemnify, hold harmless, and defend us (and each of our affiliated companies, employees, officers, and directors) from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the application.General Conditions.Your use of the Service is at your sole risk. The service is provided on an as is and as available basis.You shall not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Envoy, or any other Envoy service.We may, but have no obligation to, remove Data, 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 Envoy customer, employee, member, manager, officer or agent will result in immediate account termination.You understand and agree that Envoy uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.You understand that the technical processing and transmission of the Service, including your Data, may be transferred 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 significantly exceeds the average bandwidth usage (as determined solely by Envoy) of other Envoy customers, we will contact you in order to determine the cause of the excessive usage and determine if the service and/or your procedures need to be altered. However, we reserve the right to immediately disable your account or throttle your file hosting if you refuse to reduce your bandwidth consumption.Envoy does not warrant that (i) the service will meet your specific requirements, (ii) the service 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 service will meet your expectations, and (v) any errors in the Service will be corrected.The Service is controlled, operated and administered by Envoy from its offices within the United States of America. Data used in connection with the Service, and the Service itself, is hosted on servers physically located in the United States. We make no representation that the Service is appropriate or available for use at other locations outside the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all applicable local laws, including, but not limited to, the export and import regulations of other countries. You agree that use of the Service is subject to the United States Export Administration Laws and Regulations.The failure of Envoy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.Governing Law; Jurisdiction; Arbitration. The Terms of Service shall be interpreted and construed in accordance with the laws of the State of Georgia. Any dispute arising out of, or relating to, this Terms of Service, or otherwise relating in any way to the Service, that has not been resolved after a reasonable attempt by the parties (which attempt shall include at least one (1) in-person meeting or telephone conference between principals of each party with full authority to resolve the dispute), and which does not directly relate to the: (a) enforcement of Envoys intellectual property rights; or (b) claim for injunctive relief shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitration shall be conducted in Forsyth County, Georgia, unless otherwise mutually agreed. Any action outside of the scope of arbitration shall be brought exclusively in courts situated in Forsyth County, Georgia, and you consent to the exclusive jurisdiction of such courts. We agree that the prevailing party in any litigation or arbitration shall be entitled to recover reasonable legal fees, costs and disbursements from the non-prevailing party. In the event that any provision of this Terms of Service is held illegal, void or ineffective, the remaining portions will remain in full force and effect. This Terms of Service shall not be construed so as to create any third-party beneficiaries.Assignment.  We may assign our rights or delegate our duties without your consent so long as such action does not have an adverse effect on the functionality of your account; however, subscribers cannot assign any rights without our written consent.Mutual Representations and Warranties. Each party hereby represents and warrants to the other party that (i) it has all necessary authority to enter into and perform its obligations under the Terms of Service without the consent of any third party or breach of any contract or agreement with any third party, (ii) all persons performing any obligations hereunder have entered into all necessary agreements in order for it to comply with the terms and conditions of the Terms of Service, and (iii) it shall comply in all material respects with all laws applicable to the Services.Comments and Suggestions.  We welcome your comments and suggestions, and our design team regularly reviews them. Submitting comments and suggestions is completely voluntary. We do not provide any compensation or acknowledgment for them, but we value them as important feedback. Please do not ever send us anything that may infringe upon someone else’s rights or violate any confidences - we do not want any such information and assume no responsibility for it.Links to Third Party Sites. The Service(s) or our website(s) may include links to third party sites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or any services or products provided via a Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any associated services or products provided by the site.Entire Agreement.  This Terms of Service, together with the documents referenced herein and all Order Forms, sign-up flows, Credit Card Authorization(s), constitutes the entire agreement between you and Envoy regarding the subject matter contained herein and govern your use of the Service, superseding any prior agreements between you and Envoy (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to info@envoyfm.com.