Last Updated: November 20, 2024
These Terms of Service ("Terms") govern your use of MCCSoft's website, services, and products. By accessing or using our services, you agree to comply with and be bound by these terms. If you do not agree to these Terms, you may not use our services.
By accessing or using MCCSoft's services, including but not limited to our website, software applications, APIs, consulting services, and remote assistance tools, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, and "you" and "your" will refer to such entity.
MCCSoft provides technology consulting and services including:
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of services.
3.1 Account Creation: Some services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security: You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to immediately notify MCCSoft of any unauthorized access to or use of your account.
3.3 Account Termination: We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms or engaged in conduct that we deem inappropriate or harmful to our services or other users.
You agree to:
You may not:
6.1 MCCSoft Property: All content, features, and functionality of our services, including but not limited to software, text, graphics, logos, images, and the compilation thereof, are the exclusive property of MCCSoft and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 License Grant: Subject to these Terms, MCCSoft grants you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your internal business purposes.
6.3 Client Work Product: For custom development services, ownership of deliverables will be specified in separate service agreements. Unless otherwise agreed in writing, MCCSoft retains ownership of all pre-existing intellectual property, tools, frameworks, and methodologies used in providing services.
6.4 Feedback: Any feedback, suggestions, or ideas you provide to MCCSoft regarding our services become the property of MCCSoft and may be used without compensation or attribution.
7.1 Confidential Information: Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of service delivery. This includes but is not limited to technical data, business processes, customer information, and financial data.
7.2 Data Security: MCCSoft implements industry-standard security measures to protect client data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
7.3 Data Privacy: Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to such collection and use.
7.4 Government and Emergency Services: When providing services to government agencies or emergency services (including PSAPs), additional confidentiality and security requirements may apply as specified in separate agreements.
8.1 Fees: Fees for services will be specified in separate service agreements, statements of work, or invoices. All fees are in U.S. Dollars unless otherwise specified.
8.2 Payment: Payment is due within 30 days of invoice date unless otherwise specified. Late payments may incur interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less.
8.3 Taxes: All fees are exclusive of applicable taxes, duties, and levies. You are responsible for all such charges.
8.4 Expenses: Reasonable out-of-pocket expenses incurred in connection with service delivery (such as travel for on-site work) will be billed separately with appropriate documentation.
8.5 Subscription Services: For subscription-based services, fees are billed in advance on a recurring basis. You may cancel your subscription at any time, but no refunds will be provided for partial billing periods.
9.1 Service Warranty: MCCSoft warrants that services will be performed in a professional and workmanlike manner consistent with industry standards.
9.2 DISCLAIMER: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR A SEPARATE SERVICE AGREEMENT, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
9.3 No Guarantee: MCCSoft does not warrant that our services will be uninterrupted, error-free, or completely secure. We do not warrant the accuracy, completeness, or reliability of any content or data obtained through our services.
9.4 Third-Party Services: Our services may integrate with or rely upon third-party services, APIs, or platforms. We are not responsible for the availability, accuracy, or functionality of such third-party services.
10.1 LIMITATION: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MCCSOFT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
10.2 CAP ON LIABILITY: Our total liability for any claims arising from or related to these Terms or our services shall not exceed the greater of (a) the amount you paid to MCCSoft in the twelve (12) months preceding the claim, or (b) $1,000 USD.
10.3 Critical Systems: MCCSoft's services are not designed, manufactured, or intended for use in hazardous environments requiring fail-safe performance where failure could lead to death, personal injury, or severe physical or environmental damage. You agree not to use our services for such purposes.
You agree to indemnify, defend, and hold harmless MCCSoft, its affiliates, officers, directors, employees, agents, and suppliers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
12.1 Termination by You: You may terminate your use of our services at any time by discontinuing access and closing any accounts you may have created.
12.2 Termination by MCCSoft: We reserve the right to suspend or terminate your access to our services immediately, without prior notice or liability, for any reason, including if you breach these Terms.
12.3 Effect of Termination: Upon termination, your right to use our services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12.4 Data Retention: Following termination, we may retain your data for a reasonable period as required by law or for legitimate business purposes. You may request deletion of your data subject to our data retention policies and legal obligations.
We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide notice through our services or by other means to provide you the opportunity to review the changes before they become effective.
Your continued use of our services after any modifications to these Terms constitutes acceptance of those changes. If you do not agree to the modified Terms, you must stop using our services.
14.1 Governing Law: These Terms of Service are governed by and construed in accordance with the laws of the United States of America and the State of Missouri, without regard to its conflict of law provisions.
14.2 Dispute Resolution: Any disputes arising from or relating to these Terms or our services shall first be attempted to be resolved through good faith negotiation between the parties.
14.3 Arbitration: If a dispute cannot be resolved through negotiation within thirty (30) days, the parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Missouri, unless otherwise agreed by the parties.
14.4 Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
14.5 Jurisdiction: To the extent that arbitration does not apply, both parties consent to the exclusive jurisdiction of the state and federal courts located in Missouri for resolution of any disputes.
15.1 Entire Agreement: These Terms, together with our Privacy Policy and any separate service agreements, constitute the entire agreement between you and MCCSoft regarding our services and supersede all prior agreements and understandings.
15.2 Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and MCCSoft's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.4 Assignment: You may not assign or transfer these Terms or your rights hereunder without MCCSoft's prior written consent. MCCSoft may assign these Terms without restriction.
15.5 Force Majeure: MCCSoft shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.
15.6 Export Control: You agree to comply with all applicable export and import control laws and regulations in your use of our services.
If you have any questions about these Terms of Service, please contact us:
By using MCCSoft's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Effective Date: November 20, 2024