1. The Services
ControlAxis Systems provides a CRM-led business software platform and related applications, including estimating, field media capture, customer portal, tracking, financial visibility, automation, documentation, and support services (collectively, the “Services”). The Services may be updated from time to time to improve functionality, security, reliability, and performance.
2. Accounts and Authorized Users
You are responsible for providing accurate account information, maintaining the confidentiality of credentials, and ensuring that each person who accesses the Services through your account is authorized to do so. You are responsible for all activity conducted through your account and for promptly notifying ControlAxis of suspected unauthorized access.
3. Customer Data
As between you and ControlAxis, you retain your rights in the business information, customer records, documents, media, messages, and other content you submit to the Services (“Customer Data”). You grant ControlAxis the limited right to host, process, transmit, display, and use Customer Data solely to provide, secure, support, and improve the Services and to meet applicable legal obligations.
4. Acceptable Use
You will use the Services only in compliance with applicable law, these Terms, and the Acceptable Use Policy. You will not interfere with the Services, attempt unauthorized access, introduce malicious code, misuse communications features, or use the Services to process or distribute unlawful, deceptive, infringing, or harmful material.
5. Fees, Trials, and Payment
Fees, billing intervals, included users, trial terms, and any promotional rate are stated in the applicable order, checkout flow, or subscription notice. You authorize ControlAxis or its payment processor to charge the payment method associated with your account for amounts due. Additional billing terms are set out in the Billing & Subscription Policy.
6. Intellectual Property
ControlAxis and its licensors retain all rights, title, and interest in the Services, software, documentation, designs, trademarks, and related materials. Subject to these Terms and payment of applicable fees, ControlAxis grants you a limited, non-exclusive, non-transferable, non-sublicensable right for your authorized users to access and use the Services during the subscription term.
7. Confidentiality
Each party will protect the other party’s non-public business, technical, security, and commercial information using reasonable care and will use that information only to perform or receive the Services. Confidential information does not include information that is public through no breach of these Terms, already known without restriction, independently developed, or rightfully received from a third party.
8. Service Availability and Changes
ControlAxis works to maintain dependable Services but does not guarantee uninterrupted or error-free availability. Scheduled maintenance, security measures, third-party dependencies, and events beyond reasonable control may affect availability. ControlAxis may modify the Services provided that it does not materially reduce the core functionality of a paid subscription during its then-current term.
9. Disclaimers and Limitation of Liability
To the maximum extent permitted by law, the Services are provided “as is” and “as available.” ControlAxis disclaims implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, data, or business opportunities. ControlAxis’s aggregate liability arising from the Services will not exceed the amounts paid by you to ControlAxis for the Services giving rise to the claim during the twelve months before the event giving rise to liability.
10. Suspension and Termination
You may stop using the Services at any time. ControlAxis may suspend or terminate access where reasonably necessary to protect the Services, comply with law, address a security risk, or respond to a material breach of these Terms. Upon termination, your right to use the Services ends. Provisions that by their nature should survive termination will survive, including provisions relating to intellectual property, confidentiality, disclaimers, limitations of liability, and payment obligations.
11. Governing Law and Contact
These Terms are governed by the laws of the State of Michigan, without regard to conflict-of-law principles. Any action arising out of these Terms will be brought in a state or federal court located in Michigan, unless applicable law requires otherwise. Questions about these Terms may be sent to contact@controlaxissystems.com.
12. Changes to These Terms
ControlAxis may update these Terms from time to time. The updated version will be posted on this page with a revised effective date. Continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms.