ORMANDY TERMS OF SERVICE

Support Services

Ormandy, Inc. provides access to support and help documentation to Buyers whose accounts are in good standing.

Uptime Guarantee

Ormandy, Inc.’s uptime guarantee is based on the uptime of service providers such as Amazon Web Services and Microsoft Azure, typically over 99.9%. Ormandy, Inc.’s guarantee applies only to circumstances under Ormandy, Inc.’s control, and does not apply in circumstances such as but not limited to acts of God, acts of war, failure of Microsoft Azure or Amazon Web Service servers, failure of Buyer’s internet connection, failure of Buyer’s computer or other device, etc. Refund, if requested by Buyer for uptime failures that Ormandy, Inc. determines in good faith are caused by Ormandy, Inc., will be limited to a portion of the monthly fee pro-rated to the actual amount of downtime.

Confidential Information

Each party agrees to use the same degree of care, at minimum a commercially reasonable degree of care, that it uses to protect the confidentiality of its own confidential information. Each party agrees not to disclose or use confidential information except to the extent necessary to perform its obligations or exercise its rights hereunder.

Intellectual Property Rights

Ormandy, Inc. is the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics in the Services (collectively, “Content”), as well as the trademarks, service marks and logos contained therein.

Buyer Data

As between Ormandy, Inc. and Buyer, all title and intellectual property right in and to the Buyer data is owned exclusively by Buyer. Following expiration or cancellation of Buyer use of the service, Ormandy, Inc. and Buyer may come to an agreement for transfer of data. If no such agreement is reached within 30 days of such expiration or cancellation, Ormandy, Inc. may deactivate Buyer’s use of the service and delete Buyer data.

Although Ormandy, Inc. performs regular backups of data, Buyer is solely responsible for all data Buyer transmits or that relates to any activity Buyer undertakes using the Services. Ormandy, Inc. has no liability to Buyer for loss or corruption of any such data, and Buyer hereby waives any right of action against Ormandy, Inc. for any such loss or corruption of such data.

Limitation of Liability

Ormandy, Inc. and Buyer acknowledge that Ormandy, Inc. has no control over the uses to which its products will be put, or the losses which might result.  For those reasons the parties agree that Buyer’s SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS AGREEMENT, INCLUDING THE WARRANTY, SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCTS AND SERVICES OR, AT ORMANDY’S DISCRETION, REFUND OF THE ONE TIME SETUP PRICE.  ORMANDY, INC. SHALL NOT BE LIABLE FOR LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO ECONOMIC LOSS, LOST PROFITS OR GOODWILL, DUE TO THE ALLEGED BREACH OR FAILURE TO PERFORM IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT OR THE FURNISHING OF ANY GOODS, SERVICES, ADVICE, OR INSTALLATION IN CONNECTION WITH THIS AGREEMENT