Raiseaticket Cloud Terms of Service

These Raiseaticket Cloud Terms of Service (these "Terms") describe your rights and responsibilities as a Customer and Authorised User of our Raiseaticket service hereinafter referred to as the "Service" accessible from the TLD www.raiseaticket.com. If you are being invited or added to the Raiseaticket Service by a Customer, the User Notice governs your access and use of the Product (and not these Terms).

These Terms are between You and the entity that owns and operates the Service: Fonicom Limited (C 43620) a Limited Liability Company registered in Malta, operating under the Laws of Malta - ("Provider", "Fonicom", "We" or "Us").

You means the entity you represent in accepting these Terms or, if that does not apply, you individually. If you are accepting on behalf of your employer or another entity, you represent and warrant that:

You have full legal authority to bind your employer or such entity to these Terms; you have read and understand these Terms; and you agree to these Terms on behalf of the party that you represent. You acknowledge that Fonicom may at its discretion may carry out due diligence in this regard and may at its discretion require clarification or terminate your access if it discovers a material misrepresentation in this regard.

  1. Definitions.

    1. "Account" means any accounts or instances created by or on your behalf for access and use of any portions of the Service for your Authorised Users or End-Users;
    2. "Aggregated Statistics" means data and information related to Customer's use of the Service that is used by the Provider in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Service.
    3. "Authorised User" means Customer's employees, consultants, contractors, and agents who are authorised by Customer to access and use the Service under the rights granted to Customer pursuant to these Terms.
    4. "Customer Data" means, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an Authorised User through the Service, other than Aggregated Statistics.
    5. "Intellectual Property or IP" means all intellectual property and industrial property rights and assets, and all rights, interests and protections that are associated with, similar to, or required for the exercise of any of the foregoing, however arising, pursuant to the Laws of any jurisdiction throughout the world, whether registered or unregistered, including any and all: trademarks, service marks, trade names, brand names, logos, trade dress, design rights and other similar designations of source, sponsorship, association or origin, together with the goodwill connected with the use of and symbolized by, and all registrations, applications and renewals for, any of the foregoing; internet domain names, whether or not trademarks, registered in any top-level domain by any authorized private registrar or Governmental Authority, web addresses, web pages, websites and related content, accounts with Twitter, Facebook and other social media companies and the content found thereon and related thereto, and URLs;

      works of authorship, expressions, designs and design registrations, whether or not copyrightable, including copyrights, author, performer, moral and neighboring rights, and all registrations, applications for registration and renewals of such copyrights; inventions, discoveries, trade secrets, business and technical information and know-how, databases, data collections and other confidential and proprietary information and all rights therein; software and firmware, including data files, source code, object code, application programming interfaces, architecture, files, records, schematics, computerized databases and other related specifications and documentation; all rights to any Actions of any nature available to or being pursued by the Provider to the extent related to the foregoing, whether accruing before, on or after the date hereof, including all rights to and claims for damages, restitution and injunctive relief for infringement, dilution, misappropriation, violation, misuse, breach or default, with the right but no obligation to sue for such legal and equitable relief, and to collect, or otherwise recover, any such damages.

    6. "Provider IP" means the Service, and any and all intellectual property made available to Customer or any Authorised User in connection with the Service in accordance with these Terms. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider's monitoring of Customer's access to or use of the Service.
    7. "Service Data" means all electronic data, text, messages or other materials, including Personal Data of End-Users, submitted to the Service through Your Account in connection with the use of the Service.
    8. "Service Policies" means the documentation and setup guides including the FAQ’s relating to the usage of the Service as accessible from the Raiseaticket Help Center.
    9. "Third-Party Products" means any third-party products provided with or incorporated into the Service.
  2. Access and Use.

    1. Provision of Access. Subject to these Terms, Provider hereby grants Customer a non-exclusive, non-transferable right to access and use the Service in terms of the functionality specified by the Service Policies during the Term, solely for use by Authorised Users in accordance with the terms and conditions herein. Such use is limited to Customer's use.
      1. You acknowledge that the Service is an on-line, subscription-based service, and that in order to provide improved customer experience we may make changes to the Service, and we may update the applicable Service Policies accordingly. We may discontinue any Service, or any portion or feature of any Service which is made available to you for free for any reason at any time without liability to you and without any prior notification.
    2. You may not be able to access or use the Service;
      1. During planned downtime for upgrades and maintenance to the Service (of which We will use commercially reasonable efforts to notify You in advance through Our Service) ("Planned Downtime"), or
      2. During any unavailability caused by circumstances beyond Our reasonable control, such as, but not limited to, acts attributable to human failure whether inadvertent or not, acts of God, acts of government, acts of terror or civil unrest, any type of technical failures (including, without limitation, inability to access the internet), or acts undertaken by third parties, including without limitation, distributed denial of service attacks.
      3. Administrators and Agents. Through the Service, you may assign Authorised Users as Administrators or Agents, who will have important rights and controls over the Service and End-User Accounts. This may include creating, deleting, monitoring or modifying End-User Accounts, setting other Authorised Users’ and End-Users’ usage permissions; and managing access to the Service by Authorised Users, End-Users or other third parties. Administrators and Agents may also take over management of accounts previously registered using an email address belonging to your domain. You are responsible for whom you allow to become Administrators or Agents and any actions they take, including as described above. You accept and agree that the internal management or administration of the Service is entirely up to you.
    3. Updates. We may update the Service from time to time and You may receive notifications of such upgrades, enhancements or updates ("Updates"). Any new or modified features added to or augmenting or otherwise modifying the Service or other updates, modifications or enhancements to the Service are also subject to these Terms and We reserve the right to deploy updates at any time.
    4. Use Restrictions. Customer shall not use the Service for any purposes beyond the scope of the access granted in these Terms. Customer shall not at any time, directly or indirectly, permit any Authorised Users, End-Users or other third-parties to:
      1. copy, modify, or create derivative works of the Service in whole or in part;
      2. rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service;
      3. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service, in whole or in part;
      4. remove any proprietary notices from the Service or;
      5. use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
      6. the Service is not intended for, and should not be used by, anyone under the age of 13. You are responsible for ensuring that all End Users are at least 13 years old.
    5. Reservation of Rights. Provider reserves all rights not expressly granted to Customer in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terms grants, by implication, waiver, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP.
    6. Suspension and Termination. Notwithstanding anything to the contrary in these Terms, Provider may temporarily suspend or terminate Customer's and any End User's access to any portion or all of the Service if according to the gravity of the situation in cases where:
      1. Provider reasonably suspects that:
        1. there is a threat or attack on any of the Provider IP;
        2. Customer's or any Authorised User's use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other Customer or vendor of Provider;
        3. Customer, or any Authorised User, is using the Provider IP for fraudulent or illegal activities;
        4. subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or
        5. Provider's provision of the Service to Customer or any End User is prohibited by applicable law;
      2. Effects of Terminating Customer Account:
        1. Data Export: We strongly recommend that You export all Customer Data and Service Data before You terminate Your Account. In any event, following the termination of Your Account either by You or Us, and subject to the Data Processing Agreement, Customer Data and Service Data will be retained for a period of 14 days from such termination within which You may contact Us to export Customer Data and Service Data (“Data Retention Period”). Beyond such Data Retention Period, We shall delete all Service Data in the normal course of operation. Service Data cannot be recovered once it is deleted.
    7. Aggregated Statistics. Notwithstanding anything to the contrary in these Terms, Provider may monitor Customer's use of the Service and collect and compile Aggregated Statistics. As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. Customer acknowledges that Provider may compile Aggregated Statistics based on Customer Data or Service Data input into the Service. Customer agrees that Provider may:
      1. make Aggregated Statistics publicly available in compliance with applicable law and
      2. use Aggregated Statistics to the extent and in the manner permitted under applicable law.
  3. Customer Responsibilities.

    1. General. Customer is responsible and liable for all uses of the Service resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorised Users, and any act or omission by an Authorised User that would constitute a breach of these Terms if taken by Customer will be deemed a breach of these Terms by Customer. Customer shall use reasonable efforts to make all Authorised Users aware of these Terms' provisions as applicable to such Authorised User's use of the Service, and shall cause Authorised Users to comply with such provisions.
    2. Subject to any limitation on the number of individual Authorised Users available under the Service Plan to which You subscribed, access and use of the Service is restricted to the specified number of individual Authorised Users permitted under Your subscription to the Service. Each Authorised User shall be identified using unique login information such as usernames and passwords ("User Login") and such User Login shall be used only by one individual. You are responsible for all activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that Your use of the Service to store and transmit Service Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes.
    3. Third-Party Products. Provider may from time to time make Third-Party Products available to Customer. For purposes of these Terms, such Third-Party Products are subject to their own terms and conditions.
  4. Support.

    1. Support. These Terms do not entitle Customer to any support for the Service.
  5. Evaluations, Trials, Freemium, Fees and Payment.

    1. We may offer certain Service or portions of such Service to you at no charge, including free accounts, trial use and beta versions as defined below (collectively, "No-Charge Products"). Your use of No-Charge Products is subject to the additional limitations below:
      1. The creation of up to one thousand 1,000 tickets monthly and a Service Data retention period of six (6) months on a rolling basis;
    2. We may modify or terminate your right to use No-Charge Products at any time and for any reason in our sole discretion, without liability to you. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS WILL BE €1.
  6. Data Privacy and Security.

    1. Upon account registration of every Authorised User or End-User a user identification code, password or any other piece of information as part of Our security procedures must be created. You must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion, You have failed to comply with any of the provisions of these Terms.
    2. We use appropriate technical and organisational measures to protect the Customer Data and Service Data that we process. The measures we use are designed to provide a level of security appropriate to the risk of processing such data.
    3. You understand that We shall process and may disclose Service Data in accordance with applicable data privacy laws and where applicable, the Data Processing Addendum which are incorporated into these Terms by reference and in accordance with Our Privacy Notice.
  7. Intellectual Property Ownership.

    1. Provider IP. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP.
    2. Customer Data. Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Provider to provide the Service to Customer
    3. Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Provider by mail, email, telephone, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Provider is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Provider on Customer's behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Provider is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Provider is not required to use any Feedback.
    4. Client Identification: Provider reserves the right to use Client’s name or logos only to identify the Customer using the Services for the Provider’s marketing purposes as long as the Customer remains signed up to the Service.
      1. Customer has no right to ask for compensation for use made of Customer’s name or logos by the Provider in this regard.
  8. Warranty Disclaimer.

    1. Provider does not make any representations or guarantees regarding uptime or availability of the Service. THE PROVIDER SERVICE IS PROVIDED "AS IS" AND PROVIDER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE PROVIDER SERVICE OR IP, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.
  9. Indemnification.

    1. Customer Indemnification. Customer shall indemnify, hold harmless, and, at Provider's option, defend Provider from and against any Losses resulting from any Third-Party Claim that the Customer Data, or any use of the Customer Data in accordance with these Terms, infringes or misappropriates such third party's intellectual property rights and any Third-Party Claims based on Customer's or any Authorised User's (i) negligence or willful misconduct; (ii) use of the Service in a manner not authorised by these Terms; (iii) use of the Service in combination with data, software, hardware, equipment or technology not provided by Provider or authorised by Provider in writing; or (iv) modifications to the Service not made by Provider, provided that Customer may not settle any Third-Party Claim against Provider unless Provider consents to such settlement, and further provided that Provider will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.
    2. Limitations of Liability. IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND OTHERWISE, FOR ANY:
      1. CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGE;
      2. INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS;
      3. LOSS OF GOODWILL OR REPUTATION;
      4. USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR
      5. COST OF REPLACEMENT GOODS OR SERVICES;
    3. YOU ACKNOWLEDGE AND AGREE THAT TO PROVIDE YOU WITH THE RIGHTS TO ACCESS AND USE THE SERVICE FOR FREE, WE HAVE LIMITED OUR POTENTIAL LIABILITY AND ALLOCATED RISKS BASED ON THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF WE WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN.
    4. IN JURISDICTIONS WHICH DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
    5. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
  10. Termination.

    1. Termination. In addition to any other express termination right set forth in these Terms:
      1. Provider may terminate these Terms, effective on written notice to Customer, if Customer:
        1. Fails to pay any amount when due;
        2. Breaches any condition or clause set out in these Terms;
      2. Either Party may terminate these Terms, effective on written notice to the other Party, if the other Party breaches these Terms.
      3. Either Party may terminate these Terms, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
    2. Effect of Expiration or Termination. Upon expiration or earlier termination of these Terms, You shall immediately discontinue use of the Provider IP. No expiration or termination will affect Your obligation to pay all Fees that may have become due before such expiration or termination, or entitle Customer to any refund.
  11. Miscellaneous.

    1. Entire Agreement.These Terms, together with any other documents incorporated herein by reference and all related Exhibits, constitutes the sole and entire agreement of the Parties with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of these Terms, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, these Terms, excluding its Exhibits; (ii) second, the Exhibits to these Terms as of the Effective Date; and (iii) third, any other documents incorporated herein by reference.
    2. Notices. All notices, requests, consents, claims, demands, and other communications hereunder (each, a "Notice") All notices to be provided by Us to You under these Terms may be delivered in writing (i) by nationally recognised delivery service ("Courier") to the contact mailing address provided by You on any while subscribing to the Service; or (ii) electronic mail to the e-mail address provided for Your Account. Our address for a notice to Us in writing by Courier is: Fonicom Ltd, Centris Business Centre, Triq il-Palazz l-Ahmar, Mriehel, Birkirkara, BKR 3000, MALTA.
    3. Force Majeure. In no event shall Provider be liable to You, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Provider's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
    4. Severability. If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
    5. Governing Law; Submission to Jurisdiction. These Terms are governed by and construed in accordance with the Laws of Malta. You hereby expressly agree to submit to the exclusive jurisdiction of the Courts of Law in Malta for the purpose of resolving any dispute relating to these Terms or your use of the Service.
    6. Assignment. You may not assign any of its rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Provider. Any purported assignment or delegation in violation of this Section will be null and void. No assignment or delegation will relieve the assigning or delegating Party of any of its obligations hereunder. These Terms are binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.