Terms of Service
Updated Nov 27 2023
1. Acceptance of the Terms of Service
Throughout this Agreement, there are certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing, and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Agreement” refers to these Terms of Service;
“Savio.io” refers to “Savio Technology Inc.” dba Savio.io; the Site; the Services; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Services” refers to the services provided through the Site, including the project management app and the Site itself;
“Site” refers to the website, www.savio.io;
“User(s)” refers to anyone who uses the Service, including general visitors to te Site;
“You” refers to you, the person who is entering into this Agreement with Savio.io.
3. What Savio.io Offers
4. Data Processing Agreement
In order to use the Services, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Savio.io, and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use the Services.
You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
You must not be signing up on behalf of a natural person other than yourself.
You must, if signing up on behalf of a person other than a natural person, be authorized by that person to bind it to this Agreement, and you hereby agree that both you and that person shall be jointly and severally liable for any breaches hereof.
6. Software as a Service
Savio.io is offered as a Software as a Service (“SaaS”). As a SaaS, Savio.io’s availability is subject to a number of technical and other factors. Savio.io may become unavailable to you from time to time for reasons including but not limited to security, legal compliance, or technical issues and you agree that Savio.io shall not be liable to you for any losses arising from such unavailability.
7. Rules of Use
You must not:
Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Savio.io.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Savio.io Site, Service, or its Users’ computers.
Do anything else which could bring Savio.io into disrepute or violate the rights of any person.
8. Payment, Pricing, and Refunds
Payment can be made by means of credit card. Unless otherwise stated, all prices are listed in United States dollars. Except as provided herein; payment obligations are non-cancellable and all fees paid by You are non-refundable.
You shall pay all invoiced amounts due to Savio.io, on receipt of invoice but in any event by no later than 14 days from receipt of invoice. Additional terms surrounding payment, pricing, and refunds may be published on the Site or otherwise communicated by Savio.io to you and are hereby incorporated into this Agreement by reference.
If You are in breach of any payment obligations, Savio.io shall be entitled to charge default interest on the outstanding fees in the maximum amount allowable by law and/or suspend or terminate access to the Services at its sole option, with or without notice to You. Additional claims for payment default remain reserved.
9. Chargebacks and Credit Card Cancellations
Where a User conducts a chargeback against Savio.io, such User shall be liable to Savio.io for the full amount of the chargeback, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Savio.io in its enforcements of its rights under this section.
10. Limited License
You agree that you are being granted a limited license to use the Savio.io Services, including the software. You must only use this license for yourself and additional parties authorized by Savio.io.
The rights granted to You under the Agreement do not include any sale or resale any portion of the Site, Services or their contents; any collection and use of any derivatives of the Site, Services, or their contents, any downloading or copying of account information for the benefit of another company or party; of any use of data mining tools, robots or similar data gathering and extraction tools. The Site, Services or their contents may not be reproduced, duplicated copied, sold, resold, visited, or otherwise exploited for any purpose inconsistent with the limited rights granted to You under the Agreement. You may not frame or utilize framing techniques to enclose any trademark, logo, or other Savio.io generated content of the Site, or use meta tags or any other hidden text or data elements utilizing Savio.io’s name or trademarks. Savio.io shall in no way be responsible for unauthorized use or disclosure of personal information by You.
Savio.io may revoke its license to you at any time without warning at which time you agree you will take all necessary steps to remove Savio.io and any of its derivative files from any device under your possession or control. Savio.io’s liability to you in such an event will be limited to a prorated portion of your paid but unused subscription period, except where you have violated this Agreement, in which case Savio.io shall not be liable to you for any amount of compensation whatsoever.
11. Term and Termination
The Agreement shall commence on the date agreed between by the parties and shall continue unless earlier terminated in accordance with this Agreement. Unless the Agreement is cancelled in writing at least 60 days prior to the expiration of the initial term or then renewal term, the Agreement will extend automatically for 12-month periods, at the then current prices and subject to the terms of this Agreement.
Upon termination or expiration, Your access rights and all other rights granted under this Agreement shall expire. Termination of the Agreement shall not act as a waiver of any breach of the Agreement and shall not release a party from any liability for breach of such party’s obligations under the Agreement that occurred prior to the effective date of termination.
“Savio.io” and “Savio.io Studios” are marks used by us, Savio Technology Inc., to uniquely identify the Site, Service, and business. You agree not to use these terms anywhere without the prior written consent of Savio.io. Additionally, you agree not to use the Savio.io trade dress, or copy the look and feel of the Site or its design, without prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
13. Revocation of Consent
Savio.io may revoke its consent for your use of Savio.io’s intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if so requested, you must take immediate action to remove any usage of Savio.io’s intellectual property that you may have engaged in, even if it would cause a loss to you.
14. How we Utilize OpenAI
We use OpenAI to enhance our business offering to you, for example, to improve our categorization and review support tickets.
We do not store any data on OpenAI. We have opted out of allowing OpenAI to sample any data for the purpose of improving its foundational models.
All calls to OpenAI's API are server-to-server, meaning no client IP addresses are sent to OpenAI.
15. Representations & Warranties
SAVIO.IO, ITS AFFILIATES OR REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF THE SERVICES OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING SAVIO.IO, ITS AFFILIATES AND REPRESENTATIVES FROM ANY LIABILITY THAT EACH MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR THE SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF THE SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT SAVIO.IO, ITS AFFILIATES AND REPRESENTATIVES ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS SAVIO.IO, ITS AFFILIATES AND REPRESENTATIVES’ LIABILITY TO, IF SUCH A MINIMUM EXISTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BY LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
YOU AGREE THAT SAVIO.IO, ITS AFFILIATES NOR ITS REPRESENTATIVES ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE THE SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT SAVIO.IO, ITS AFFILIATES OR REPRESENTATIVES ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT SAVIO.IO, ITS AFFILIATES OR REPRESENTATIVES ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS, THESERVICES OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON THE SITE WHICH PREVENT ACCESS TO THE SITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF THE SERVICES TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For jurisdictions that do not allow the limitation of liability. Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then Savio.io, its affiliates or representative’s liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, Savio.io, its affiliates or representative do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold Savio.io, its affiliates, shareholders, directors and representatives (the “Indemnitees”) harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of the Services to you, including any damages caused by your use of the Site or acceptance of the offers contained on it. You also agree that you have a duty to defend the Indemnitees against such claims and the Indemnitees may require you to pay for an attorney(s) of the Indemnitees’ choice in such cases. You agree that this indemnity extends to requiring you to pay for the Indemnitees’ reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, the Indemnitees may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though the Indemnitees had proceeded with a trial.
17. Termination & Cancellation
In addition to all other rights and remedies available to Savio.io, Savio.io may terminate your access to the Site and the Services at its sole discretion without explanation, though Savio.io will strive to provide a timely explanation in most cases.
Under no circumstances, including termination or cancellation of the Services to you, will Savio.io be liable for any losses related to actions of other Users.
18. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Savio.io must be addressed to Savio.io’s agent for notice and sent via certified mail to that agent. For Savio.io’s agent’s most current contact information, please send a request to firstname.lastname@example.org.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. Choice of Law
This Agreement shall be governed by the laws in force in the Province of British Columbia. The offer and acceptance of this contract are deemed to have occurred in the Province of British Columbia.
20. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the Province of British Columbia. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court of the Province of British Columbia (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that Savio.io may move to have it dismissed, and that you will be responsible for reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure
You agree that Savio.io are not responsible to you for anything that Savio.io may otherwise be responsible for, if it is the result of events beyond Savio.io’s control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Savio.io shall have the sole right to elect which provision remains in force.
Savio.io reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Savio.io’s non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as Savio.io’s waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without Savio.io’s prior written consent. Savio.io may assign its rights and/or obligations under this Agreement to any other party, without your consent.
Savio.io may amend this Agreement from time to time and will update this page accordingly. You must read this page each time that you use the Services and your continued use of the Services shall constitute your acceptance of any such amendments.
You agree that notices may be sent by electronic mail, to the electronic mail address indicated in your account, or the then-current electronic mail address provided by a either party to the other party; and agree that notices are deemed received 48 hours after transmission. Each party agrees that any electronic communication will satisfy any legal communication requirements, including all such communication required by applicable laws to be in writing.