muddyboots.online Terms of Service

PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.

This is a contract between you (the Customer) and us (Muddy Boots Inc.). It describes the services we will provide to you, how we will work together, and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese”, but we have tried to make it as readable as possible. These terms are so important that we cannot provide our products and services to you unless you agree to them. By using the muddyboots.online website (“Service”), or any Consulting services of Muddy Boots Inc, the company you represent (“you”) is agreeing to be bound by the following terms and conditions (“Terms of Service”).

Muddy Boots Inc. reserves the right to update and change the Terms of Service from time to time with 30 days notice via email or in-app notification. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: muddyboots.online/terms-of-service

Violation of any of the terms below will result in the termination of your Account. While Muddy Boots Inc. prohibits inappropriate or offensive conduct and Content on the Service, you understand and agree that Muddy Boots Inc. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

DEFINITIONS

“Agreement” means these Customer Terms of Service and all materials referred or linked to in here.

“Billing Period” means the period for which you agree to prepay fees under your customer agreement. Typically, monthly, or yearly.

“Third-Party Services” means third-party software, hardware, consulting, SaaS, calendars, and/or other Third-Party Services linked to or from the Service that may enable changes to the information stored in the Service.

“Confidential Information” means all information provided by you or us (“Discloser”) to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information will include Asset Data and information about the Discloser’s business plans, technical data, and the terms of the Order. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser or (ii) was known to the Receiver before receipt from the Discloser.

“Consulting Services” means the professional services provided to you by us, which may include training services, implementation, integration, or other consulting services.

“Contract” or “Implementation Plan” or “Statement or Work” means the Muddy Boots Inc-approved form by which you agree to subscribe to the Service and purchase Consulting Services.

“Customer Data” means all information that you submit, record, import, create or collect via the Service.

“Customer Forms” means any activity/task added to the Service.

“Customer Materials” means any materials that you provide or post, upload, input or submit for public display through the Service.

“License Fee” means the amount you pay for the Service.

“Muddy Boots Inc. Content” means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Service or Consulting Services.

“The Service” means all of our web-based modules that you have subscribed to by a Contract or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via app.muddyboots.online, and any ancillary products and services, that we provide to you.

“Third-Party Products” means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Service. These products and services include non-muddyboots.online integrations.

“Third-Party Sites” means third-party websites linked to from within the Service, including Communications Services.

“Users” means your affiliations, employees, representatives, consultants, contractors, or agents who are authorized to use the Service for your benefit and have unique user identifications and passwords for the Service.

“You”, “your” or “Customer” means the person or entity using the Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer.

ACCOUNT TERMS

1. During the term of the contract, we will provide you access to the use of the Service as described in this agreement and the applicable contract.
2. You may subscribe to additional modules as a part of the Service by contacting support@muddyboots.online or any Muddy Boots team members.
3. You as an individual must be a human. Accounts registered by “bots” or other automated methods are not permitted.
4. You as an individual are an employee of, or an authorized third-party representative of the company you are registering for the Service.
5. You must provide your personal legal full name, a valid email address, legal company name or registered trade name and address and any other information requested in order to complete the signup process.
6. Each login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
7. You are responsible for maintaining the security of your account and password. Muddy Boots Inc. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
8. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). This includes matters pertaining to data quality and accuracy.
9. 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).
10. No Third-Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third-party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

API TERMS

Customers may access their muddyboots.online account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses muddyboots.online, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that Muddy Boots Inc. 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 Muddy Boots Inc. has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
2. Abuse or excessively frequent requests to muddyboots.online via the API may result in the temporary or permanent suspension of your account’s access to the API. Muddy Boots Inc, in its sole discretion, will determine abuse or excessive usage of the API. Muddy Boots Inc. will make a reasonable attempt via email to warn the account owner prior to suspension.
3. Muddy Boots Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with 60 days notice.

PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS

1. A valid billing address is required for paying accounts.
2. The Service is billed at the end of every month and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3. Fees are based on a automated download that includes what is stored in muddyboots.online at midnight on the last day of the month.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
5. For any upgrade or downgrade in plan level, your credit card or billing address that you provided will automatically be charged the new rate on your next billing cycle.
6. Renewal of the subscription service will automatically roll into the next billing period unless explicitly stated otherwise.
7. You may engage Muddy Boots team members for implementation services, schematic building, data review and other services at anytime. You will be charged hourly based on the most current rate card.
8. If you choose to stop using a portion of the service you will not retain the same access to functionality, including certain types of data. Cancelling or downgrading your Service may cause the loss of Content, features, or capacity of your Account. Muddy Boots Inc. does not accept any liability for such loss.

CANCELLATION AND TERMINATION

1. You are solely responsible for properly canceling your account. An email to support@muddyboots.online is a valid method of account cancellation.
2. Unless an explicit request has been made in the cancellation request, all of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If a request for a transfer of Content, beyond what can be easily transferred in Excel and .pdf downloads, has been made, Muddy Boots Inc. will provide the Content in electronic form, and will charge time and materials for the extraction of the Content.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will be charged for the month’s usage to date.
4. Muddy Boots Inc., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Muddy Boots Inc. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
5. If your company site, or use of, the Service: (i) is being subjected to denial of service attacks or other disruptive activity, (ii) is being used to engage in denial of service attacks or other disruptive activity, (iii) is creating a security vulnerability for the Service or others, (iv) is consuming excessive bandwidth, or (v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Service. We will try to limit the suspension to the affected portion of the Service and promptly resolve the issues causing the suspension of the Service. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.

MODIFICATIONS TO THE SERVICE AND PRICES

1. Modifications will happen from time-to-time as Muddy Boots Inc. improves and updates the Service. Muddy Boots Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with a minimum of 30 days notice.
2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the muddyboots.online Site or the Service itself. Such notice will also be distributed to your billing contact via email.
3. Price increases of the muddyboots.online service will happen at most once every two years. Any price increase will be no greater than 5%.
4. Muddy Boots Inc. shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

COPYRIGHT AND CONTENT OWNERSHIP

1.  You own and retain all rights to the Data stored in muddyboots.online. This Agreement does not grant us any ownership rights to your Data. You grant permission to us and our licensors to use your Data only as necessary to provide the Service and Consulting Services to you and as permitted by this Agreement. If you are using the Service or receiving Consulting Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so. Muddy Boots Inc. does not pre-screen Content, but Muddy Boots Inc. has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
2. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Muddy Boots Inc.

GENERAL CONDITIONS

1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.  That being said, our intent is to provide Service uptime of 99.5%.
2. Technical support is only provided to paying account holders and is available via email and the chat portal.
3. Support is available on business days between 7:00 AM and 5:00 PM MST.
4. Support emails will be responded to within 2 hours of receipt within the support availability time frame described above.
5. You understand that Muddy Boots Inc. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
6. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Muddy Boots Inc., or any other Muddy Boots Inc. service.
7. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Muddy Boots Inc.
8. We may, but have no obligation to, remove 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.
9. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Muddy Boots Inc. customer, employee, member, or officer will result in immediate account termination.
10. You understand that the technical processing and transmission of the Service, including your Content, 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.
11. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
12. You must not transmit any worms or viruses or any code of a destructive nature.
13. The service is user driven. As such, Muddy Boots Inc. does not warrant that results (reports, schematics, regulatory requirements) obtained will be accurate or reliable.
14. We are not responsible for any Third-Party you may choose to give access to or edit your data in muddyboots.online.
15. You expressly understand and agree that Muddy Boots Inc. 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 Muddy Boots Inc. 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.
16. The failure of Muddy Boots Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Muddy Boots Inc. and govern your use of the Service, superseding any prior agreements between you and Muddy Boots Inc. (including, but not limited to, any prior versions of the Terms of Service).
17. Questions about the Terms of Service should be sent to support@muddyboots.online