Last modified on April 30, 2023.
The 360ofme early adopter program is a promotional program designed to validate that the software is ready for general availability (GA) release. 360ofme will assess this via product insights and feedback from our early adopter customers.
Early adopter agrees to report any flaws, errors or imperfections discovered in any software or other materials where early adopter has been granted access to the software. Early adopter understands that prompt and accurate reporting is the purpose of the testing and undertakes to use best efforts to provide frequent reports on all aspects of the product both positive and negative and acknowledges that any improvements, modifications and changes arising from or in connection with the early adopter contribution to the Project, remain or become the exclusive property of the Disclosing Party.
Early adopters will not disclose Software or any comments regarding Software to any third party without the prior written approval of 360ofme. Early adopters will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. Early Adopter will not be liable for the disclosure of any confidential information which is:
(a.) in the public domain other than by a breach of this Agreement on the early Adopter’s part; or (b.) rightfully received from a third party without any obligation of confidentiality; or (c.) rightfully known to early Adopter without any limitation on use or disclosure prior to its receipt from 360ofme; or (d.) generally made available to third parties by 360ofme without restriction on disclosure.”
Payment Terms & Order Processing
A. Fees. Access to the Program requires you to pay fees on a subscription basis and may provide you the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you purchase a recurring subscription, you authorize 360ofme or its third-party service providers to periodically charge you for an automatically renewing subscription requiring recurring payments at the stated frequency (e.g., monthly or annual) (each a “Subscription Period”) until cancelled. You will be charged your first subscription fee at a 50% discount and any applicable taxes (“Subscription Fee”) on the date you purchase your subscription. Your subscription will start on the date the product is launched. Your subscription will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless at least 24 hours before the end of the current subscription period: (a) you terminate your account; (b) you cancel your subscription (as described below); (c) we decline to renew your subscription; or (d) these Terms are otherwise properly terminated as expressly permitted herein. The Subscription Fee is non-refundable except as expressly set forth in these Terms or in accordance with applicable law.
If any Subscription Fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel or terminate your access to the Service or cancel your subscription. You will be responsible for paying all past due amounts. We may receive updated credit card information (new credit card number or updated expiration date) from your credit card issuer. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please visit the settings area of your account or app store to update your billing information.
By using our Service, you agree to the pricing, payment, and billing policies in effect at the time when the fee becomes payable. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering.
B. Authorization to Charge for the Service. You must provide accurate and complete information for a valid payment method that you are authorized to use (such as a credit card, payment via an app store, or other payment method accepted by us to activate and maintain a paid account). You authorize us to charge you through the payment method that you use when you register for access to the Service. You are also responsible for charges for any additional features or purchases made through your account that are offered for sale through our Service. All fees are in U.S. Dollars and are non-refundable. 360ofme (or its third-party service providers) may change the fees for the Service or any feature of the Service.
If we do not receive payment via your payment method, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. If the payment method you provide is initially declined for any reason, we reserve the right to charge the payment method (credit card or other accepted mechanism) in installments, at the non-promotional/non-discounted rate that is in place at the time, for the full duration of the subscription that you have selected. You bear sole responsibility for all overdraft fees or other penalties that may be assessed by your payment provider. You are responsible for any use of your credit card or other payment instrument.
D. Cancellation. When you cancel a subscription, you cancel only future charges associated with your subscription. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current Subscription Period. In order to avoid future charges, you must cancel your subscription at least 24 hours before the end of your current Subscription Period. If you purchased through 360ofme directly, you may cancel within your account settings. Alternatively, if you email us at [email protected] at least 24 hours before the end of your current Subscription Period, we will do our best to implement the cancellation prior to your next renewal; if we cannot, we can offer you a refund for that inadvertent renewal. If you purchased through a third party (e.g., app store), you must cancel through that third party. Purchases through third parties are subject to that third party’s cancellation policies and procedures.
After canceling a subscription, you will continue to have access to the Service for the remainder of your current Subscription Period for which you have already paid (unless we provide you with a refund or otherwise allow you to use the unused portion towards another service, product, or subscription).
E. Limited Refund Period. EXCEPT AS OTHERWISE STATED HEREIN OR REQUIRED BY APPLICABLE LAW, YOUR SUBSCRIPTION FEE IS NONREFUNDABLE. If you (i) purchased through 360ofme directly, (ii) cancel your subscription within one month of your initial purchase, and (iii) email us at [email protected] to request a refund within five days of cancelling, we will provide you with a full refund for that subscription. Unless required by applicable law, if you cancel your subscription outside of that period, you are not entitled to receive any refund or credit, full or partial. We reserve the right to issue refunds, credits, or discounts at our sole discretion. If we issue a refund, credit, or discount, we are under no obligation to issue the same or similar refund in the future. If you purchased through a third party, your ability to receive a refund is governed by that third party’s policies and procedures.
F. Early Adopter VIP Program. 360ofme offers a promotional 1-year period during which you can use the Service at a promotional rate. Such promotional periods are subject to these Terms except as otherwise stated in the promotional offer, including which users are eligible for the promotional subscription. Eligibility is initially determined at the time of the order. Promotional rates cannot be applied retroactively.
If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of Subscription Periods and upon completion of the final promotional Subscription Period, your subscription will continue to automatically renew at the full rate. To cancel and avoid being charged the full rate, you must notify us before the discount or promotional period ends.
If it is determined by us in our sole discretion that the 360ofme product cannot be made available within 12 months of your of the Service at a promotional rate, we reserve the right to cancel, terminate or not process orders (including accepted orders). We will notify you of the error and either provide you with a refund or give you the opportunity to cancel your order and obtain a refund if payment has already been made.
You may only be permitted to use one discounted price offer. You may not be permitted to combine the promotional offer with any other promotion, except as otherwise stated in the promotional offer. If your subscription is ever cancelled or terminated for any reason, and you purchase an additional subscription, you may not be eligible to take advantage of another discounted price offer.
G. Termination. We may terminate your subscription at our sole discretion and without any notice. If we cancel your subscription, we may give you a prorated refund based on the amount of time remaining that you cannot use, provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Service violates these Terms, any applicable law, or has harmed 360ofme or another user or entity.
Upon termination or cancellation of your subscription, you may lose access to the products, content, features, and work-product provided to you or created by you in relation to the Service.
H. Changes to the Subscription or Service. We may change the subscription terms or Subscription Fees at any time on a going forward basis in our discretion. If the pricing for your subscription increases, we will notify you, and provide you an opportunity to change or cancel your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose in our sole discretion to add, modify, or remove benefits and features from a subscription. If you do not cancel your subscription prior to the time the modifications become effective, you agree to the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
Warranties and liability
Limitation on Liability Provision of any Software under this Agreement is experimental and shall not create any obligation for 360ofme to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party.
THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL 360OFME OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 360OFME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.