Terms of Service
Xperience Inc. (“Xperience”, “we”) provides the SaaS (“Software as a Service”, the “Service”) through the website www.xperiencehr.com and my.xperiencehr.com. By using the Xperience Service, you agree to be bound by these Terms of Service. Provisions related to fees will not apply to users using Free Trial account. Xperience may modify the Terms of Service at any time without prior notice by posting a new version of this Terms of Service on the website. Such revised terms will become effective 30 days after they are posted and you agree to be bound by such modifications. If you do not agree with the Terms of Service, you may not use the Service.
Xperience is a Time Tracking online application provided on SaaS basis. Xperience reserves the right to enhance, modify, add new or suspend any features or Service without prior notice. Any of these modifications is a subject to the Terms of Service.
You agree to pay on a month-to-month basis. The service is billed in advance and is non-refundable as a result of any failure of the Service or for any other reason. Valid credit card is required to use the Service, Xperience may charge fees on their due dates directly to your credit card. All fees are exclusive of all taxes or duties. You agree to pay all state and local, or other taxes arising from your use of the Service. Prices of the Service are subject to change with 30 day prior notice published on www.xperiencehr.com website.
4. WARRANTIES AND LIABILITIES
The service is provided on an “as is” and “as available” basis. Xperience makes no express or implied warranties of any kind, including without limitation implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights.
Xperience does not represent or warrant that Services or Content are accurate, complete, reliable, current or error-free.
Under no circumstances will Xperience be liable for lost profits or other indirect, special, cover, exemplary, incidental, or consequential damages arising out of or related to the use or inability to use the Service.
In no event shall liability of Xperience for damages, losses, or causes of action, whether in contract, warranty, tort (including negligence, whether active, passive or imputed) or product liability stemming from use of Service exceed the aggregate dollar amount paid by you to Xperience during the three months prior to the date of any claim.
You agree to hold harmless and indemnify Xperience and its affiliates, employees, officers, directors, agents, licensors, successors from any loss, damages, liabilities, costs, attorneys’ fees, expenses, claims and proceedings incurred as a result of your violation of any third party’s rights in connection with the use of the Service, including without limitation privacy rights, trademark, copyright, or patent rights, or other intellectual property rights.
6. INACTIVE ACCOUNTS
If an account remains inactive for 6 months, we may disable it and all of its Content will be archived. We will notify you by email before disabling your account. You have 6 months to contact us to enable your account back. All accounts inactive for 12 months including all content will be irrevocably deleted.
7. CANCELLATION AND TERMINATION
You may cancel your account anytime. There is no cancellation fee. The closing of your account will result in deletion of all of your Content.
Xperience, in its sole discretion, has the right to disable or terminate any account and refuse the use of the Service, for any reason at any time. Such termination of the Service will result in the disabling or deletion of your account and content or your access to your account and content.
Violation of any of the terms of Terms of Service may result in the termination of your account.
8. FINAL PROVISIONS
The Terms of Service constitute the entire agreement between you and Xperience regarding your use of the Service and supersedes any prior agreements between you and Xperience (including, but not limited to, any prior versions of the Terms of Service).
Last Update: May 31st, 2015