Terms of Use
These Terms of Use (“Terms”) govern your rights and obligations regarding the use and access of SavvySuit.com and the SavvySuit App, however accessed (collectively refered to as the “Software”), or any applications or application plug-ins that are the property owned and operated by WIEDZA CREATIONS LLC, a Florida limited liability company (“WIEDZA”), doing business as SavvySuit. The Software and service of Savvysuit collectively referred to as the “Service”.
These Terms constitute a fully binding agreement between WIEDZA CREATIONS LLC, the proprietor of, all rights in and to the Service, and you. It is therefore recommended that you carefully read these Terms.
By using the Service, you signify your assent to these Terms and the SavvySuit Privacy Policy (“Privacy Policy”).
If you do not agree to these Terms or any of its parts, then you are prohibited and must refrain from using the Service.
1. Accepting the Terms.
By using the information, tools, features, software, and functionality you agree to be bound by these Terms. The term “you” or “User” refers to a any person visiting or using the Service or Software. You may not use the Service or accept these Terms if you are not at least 18 years of age and, in any event, of a legal age to form a binding contract with WIEDZA. By accepting these Terms, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity.
2. The Service.
The SavvySuit Service is a legal case and practice management system that allows you to consolidate and track case information. The SavvySuit software application assists law firms with their business process and information management, and runs both online and offline. The Service is provided mainly through the Software.
3. Your Rights to the Service.
SavvySuit hereby grants you access to the Service (including the Software) and you agree that your use of the Service will be in a manner consistent with these Terms and with all applicable laws and regulations, including trade secret, copyright, trademark, and export control laws. SavvySuit retains all right, title, and interest in and to the Service, including without limitation all Software used to provide the Service and all logos and trademarks reproduced through the Software, and these Terms do not grant you any intellectual property right in or to the Service or any of its components.
4. Certain Restrictions.
Despite any other provision of these Terms, the rights granted to you in these Terms are subject to the following restrictions:
- you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Software, whether in whole or in part, or any content displayed on the Software;
- you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Software;
- you shall not access the Software in order to build a similar or competitive website, product, or service; and
- you shall not, nor shall you permit or assist others, to abuse or fraudulently use the Service; and
- except as expressly stated herein, no part of the Software may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Software shall be subject to these Terms. All copyright and other proprietary notices on the Software (or on any content displayed on the Software) must be retained on all copies thereof.
5. Modification.
WIEDZA reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with 30 days notice to you. YOU AGREE THAT WIEDZA WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE SOFTWARE OR ANY PART THEREOF.
6. Types of Users.
Every user will have their own account. Each law firm will designate one or more “Managers” to manage the list of active users associated with that law firm, invite new users to that law firm, terminate a user’s access to law firm data, and make payments for the Service.
7. Your Registration Information.
In order to allow you to use the Service, you will need to sign up for an account with SavvySuit. We may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, state or federal bar license, or other identifying information. If you do not provide this information or WIEDZA cannot verify your identity, we can refuse to allow you to use the Service.
8. Unauthorized Use.
If you become aware of any unauthorized use of your registration or Account Information for the Service, you agree to notify SavvySuit immediately at the email address - security@savvysuit.com. If you believe that your registration or account information or device that you use to access the Service has been lost or stolen, that someone is using your account without your permission, or that an unauthorized transfer has occurred, you must notify security@savvysuit.com immediately.
9. Other Users.
Your interactions with other Software users are solely between you and such users. You agree that WIEDZA will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other Software user, we are under no obligation to become involved.
10. Lawful Purposes.
You are only entitled to access and use the Software and Service for lawful purposes permitted by these Terms. It is also the responsibility of the user to use and access this software in substantial compliance with all applicable Rules of Professional Conduct.
11. Payment.
Administrators will provide WIEDZA with a valid credit card for payment of the applicable licensing fees. All fees are exclusive of all federal, state, provincial, municipal, or other taxes which user agree to pay based on where the user is primarily domiciled. Managers buying cases individually or as a bundle will be charged at the time of purchasing the individual or bundled case licences. We will not issue refunds for individual case licences or bundled case licences, but we may in our sole discretion offer licence credits.
12. Content.
Any content uploaded or posted to the Service remains your property. Upon Cancellation or Termination of Service, WIEDZA will provide an downloadable version of all user files.
13. Offline Access.
As part of the Service, Savvysuit provides some offline access to your case files. Data may be cached on end-user devices (laptops, smartphones, tablets) for offline use. You agree and understand that you are responsible for the security of your end-user device(s), and the files contained therein.
14. Prohibition on Data Collection.
When using the Service or the Software you may not engage in scraping, data mining, harvesting, screen scraping, data aggregating, and indexing of any information from the Service. You agree that you will not use any robot, spider, scraper, or other automated means to access the Software or the Service’s database for any purpose without the express prior written permission of WIEDZA.
15. Pre-Release Features.
From time to time, WIEDZA may include new and/or updated pre-release features for your use and permit you to provide feedback. You understand and agree that your use of pre-release features is voluntary and WIEDZA is not obligated to provide you with any of these features. Furthermore, if you decide to use the pre-release features you agree to abide by any rules or restrictions WIEDZA may place on them. You understand that once you use the pre-release features, you may be unable to revert back to the earlier version of the same or similar feature. The pre-release features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from any connected device. You acknowledge and agree that all use of the pre-release features is at your sole risk.
16. Interruption.
Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, periodic updating, maintenance, or repair of the Service, the malfunction of equipment, or other actions that WIEDZA, in its sole discretion, may elect to take. In no event will WIEDZA be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
17. Ownership.
The Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), editorial content, notices, software (including html-based computer programs), and other material are protected under the laws of the United States, including applicable copyright and trademark laws. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Software are owned by WIEDZA or WIEDZA’s suppliers. Neither these Terms (nor your access to the Software) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights.
18. Bandwidth Usage.
WIEDZA reserves the right, at any time, if your bandwidth usage exceeds 5 gigabytes per month (5Gb/month), or significantly exceeds the average bandwidth usage of other Users (as determined solely by WIEDZA), to immediately throttle your file hosting until you can reduce your bandwidth consumption. Notice will be provided by email 48 hours prior to throttling.
19. Termination of Use.
WIEDZA in its sole discretion may suspend or discontinue providing the Service to any user without notice for actions that are
- in material violation of the Terms, and/or
- create a security emergency, as defined solely by WIEDZA.
20. Cancellation of Use/Ending your Relationship with SavvySuit.
a. Individual Users.
You may cancel your account at any time. If a firm you are associated with remains active, you may be prompted to elect another member of the firm to become the primary advocate on your cases.
b. Firm Managers.
Managers may dissolve a law firm’s subscription at any time, and the Software will prompt the downloading of all law firm data. Managers may also disassociate from a law firm at any time, but will be prompted to choose another Manager prior to dissociation.
21. Internet Access.
You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your link to the internet.
22. Security Procedures.
WIEDZA shall implement reasonable security procedures consistent with industry standards to protect your data from unauthorized access. WIEDZA shall promptly report to you any unauthorized access to data upon discovery by us, and WIEDZA will use diligent effort to promptly remedy any breach of security that permitted such unauthorized access.
23. Privacy and Personal Information.
You should review WIEDZA’s Privacy Policy prior to use of the Service. By accessing the Service, you agree to our Privacy Policy, and any changes published by WIEDZA. You agree that WIEDZA may use and maintain your data according to the WIEDZA’s Privacy Policy, as part of the Services. You give WIEDZA permission to combine information you enter or upload to the Services with that of other users of the Service. For example, this means that WIEDZA may use your and other users’ non-identifiable, aggregated data to improve the Service or for analysis of industry standards and trends.
24. Passwords.
You agree and understand that you are responsible for maintaining the confidentiality of your password and pin which, together with your Login email address, allows you to access the Software.
25. Notices.
By providing us with your email address, you agree to receive all required notices electronically to that email address and/or through the Service by displaying links to notices generally on the Site. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the email or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
26. Modifications to Service and Terms.
WIEDZA may, either partially or in its entirety and without being obligated to provide prior notice – modify, adapt, or change the Software, the Service’s features, the user interface and design, these Terms, and any other aspect related to the Service. You will have no claim, complaint, or demand against WIEDZA for applying such changes or for failures incidental to such changes. In addition, the Terms will always indicate the date it was last revised. If you do not agree to the changes after receiving a notice of the change to the Service, you may stop using the Service. Your use of the Service, after you are notified of any change(s) will constitute your agreement to such change(s).
27. Modifications to Service Fees.
WIEDZA reserves the right to change the Service, including applicable fees, in our sole discretion and from time to time. In such event, WIEDZA will provide notice to you.
28. Legal Compliance.
WIEDZA maintains that its primary duty is to protect your data to the extent the law allows. We reserves the right to provide your Confidential Information to third parties as required by law. If we are required to make any disclosure of your Confidential Information, then we will provide you with prompt written notice (to the extent permitted by law) prior to such disclosure so that you may seek a protective order or other appropriate relief.
29. Data replication/Backup.
WIEDZA will take reasonable measures to maintain backup copies of all active users’ information.
30. LIMITATION OF LIABILITY AND WARRANTIES.
WIEDZA PROVIDES THE SITE, SERVICE, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THEY CANNOT BE CUSTOMIZED TO FULFILL THE NEEDS OF INDIVIDUAL USERS. WE HEREBY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, OR ACCURACY.
YOU AGREE AND ACKNOWLEDGE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR THE USE OF AND RELIANCE ON THE SERVICE, AND YOU FURTHER AGREE AND ACKNOWLEDGE THAT YOUR USE OF OR RELIANCE ON THE SERVICE IS MADE ENTIRELY AT YOUR OWN RISK.
WIEDZA EXERTS EFFORTS TO PROVIDE YOU WITH A HIGH QUALITY AND SATISFACTORY SERVICE. HOWEVER, WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, OR THAT IT WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS, OR THAT IT IS SAFE, SECURED FROM UNAUTHORIZED ACCESS TO WIEDZA’S COMPUTERS, IMMUNE FROM DAMAGES, FREE OF MALFUNCTIONS, BUGS OR FAILURES, INCLUDING, BUT NOT LIMITED TO HARDWARE FAILURES, SOFTWARE FAILURES AND SOFTWARE COMMUNICATION FAILURES, ORIGINATING EITHER IN WIEDZA OR ANY OF ITS PROVIDERS.
WIEDZA, INCLUDING ITS MANAGERS, EMPLOYEES, SUB-CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES, AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR RELIANCE ON THE CONTENT OF THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM DELETION, DISCLOSURE, AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE.
IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, AND ANY FINANCIAL LIABILITIES WILL NOT EXCEED THE TOTAL AMOUNT YOU PAID FOR THE SERVICE WITHIN THE LAST 12-MONTH PERIOD BEFORE THE DATE OF THE CLAIM. YOU FURTHER AGREE THAT WIEDZA IS NOT AND WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEYS FEES) RELATING TO THIS TERMS OF USE.
WIEDZA DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE SERVICE AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW OF DATA DEPENDS ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH WIEDZA WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, WIEDZA CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. WIEDZA DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THE PERFORMANCE OR NONPERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
31. Indemnification.
You shall defend, indemnify, and hold harmless WIEDZA and our managers, employees, and sub-contractors, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of these Terms or any activity by you in relation to the Software or your use of the Service.
32. Not an Attorney.
The Service is intended to assist you and your law firm with organization and information management. Each case situation is unique and any information or advice provided by the Service may not be appropriate for your individual case. By using the Service, you agree that WIEDZA is not responsible for your management of cases and/or decisions you or your law firm make in individual cases.
33. Entirety of the Agreement.
This Terms of Use constitute the entire agreement between you and WIEDZA and governs everyone’s use of the Service, superseding any prior agreements between a user and WIEDZA (including, but not limited to, any prior versions of the Terms of Use).
34. Assignment of Rights.
You may not assign your rights or delegate your duties under this licence to access the Service or Software without the prior written consent of WIEDZA.
35. Limitation on Legal Action.
Should you desire to file any cause of action against WIEDZA, arising out of or related to the Software or Service, you must do so within one (1) year of the day you become aware of the cause of action. Failure to file a lawsuit within the aforementioned timeframe will bring about the permanent barring of the cause of action, and will constitute your complete and final waiving of the lawsuit.
36. Choice of Law.
These Terms, the Software, and the Service will be governed by and construed in accordance with the laws of the State of Florida. Any dispute, claim or controversy arising out of, connected with or relating to these Terms, the Software and the Service, will be under the exclusive jurisdiction of the competent court in Orange County, Florida. Further, all cases brought against SavvySuit must be brought in Orange County, Florida.
CONTACT US
We welcome you to contact us for any reason. Feel free to email us anytime at: BetterService@SavvySuit.com or write to us at 3251 Progress Drive, Suite E, Orlando FL 32826.
Last modified: 5/1/2016.