1. Rights and Ownership

JBS-Automation holds exclusive rights and ownership over the software program AZExecute®. This encompasses all intellectual property rights, including copyrights, trademarks, patents, and trade secrets. Users are granted a non-exclusive, revocable, non-transferable license to access and use AZExecute® only as expressly permitted by these terms. This license does not include any rights for modification, distribution, or creation of derivative works. Unauthorized use, reproduction, modification, or distribution of the software will result in legal action and potential damages. The license is provided "as is" without warranties against infringement of third-party intellectual property rights.

2. Subscription Plans and Free Edition

AZExecute® offers various subscription tiers, each with distinct features and benefits, including a free edition with limited functionality. Plan details, such as features, storage limits, user capacity, and pricing, are available on our website. Subscriptions may be upgraded, downgraded, or cancelled by users at any time, with changes taking effect at the next billing cycle. We reserve the right to modify, suspend, or discontinue any plans, features, or pricing, with prior notice. Refunds are subject to our refund policy detailed on our website. Subscriptions, unless cancelled, automatically renew under the same conditions.

3. User Registration and Account Management

Access to AZExecute® is via Azure account authentication. Upon login and consent to app registration, a tenant is created in the system for the user, tailoring access based on Azure account information. Users are responsible for securing their Azure account and ensuring all provided information is accurate and current. Users must promptly notify us of any unauthorized access or security breach of their Azure account. We are not liable for losses resulting from user failure to secure their account or provide accurate information. Users agree to indemnify us against claims arising from misuse of their account.

4. Service Availability and Uptime Commitments

We aim for AZExecute® to be available with minimal downtime, committing to 99.9% uptime, excluding scheduled maintenance. Maintenance periods will be communicated in advance. We are not liable for losses caused by unplanned downtime. We are not liable for service interruptions due to force majeure or other uncontrollable events.

5. Acceptable Use Policy

Users of AZExecute® are required to adhere to our Acceptable Use Policy, which prohibits unauthorized access to accounts, distribution of harmful or illegal content, system overburdening through excessive use, and any activities that compromise the integrity or security of the system. Violations may result in immediate suspension or termination of the user’s account and potential legal action. Our full Acceptable Use Policy, outlining all prohibited behaviors, is available on our website. We expect users to engage in responsible, ethical use to ensure a secure and efficient environment for all.

6. Privacy and Data Security

At AZExecute®, we prioritize the privacy and security of user data. Our stringent data protection standards and robust security measures are designed to prevent unauthorized access, disclosure, alteration, or destruction of data. Our comprehensive privacy policy, detailing data collection, usage, and protection measures, aligns with GDPR and other relevant data protection laws. Users are responsible for maintaining the confidentiality of their data within the system and must immediately report any suspected data breaches. We disclaim liability for losses due to users' failure to safeguard their data or report breaches promptly.

7. Updates and Modifications

AZExecute® undergoes continual evolution and improvement, including regular updates for functionality and security enhancement. These updates may introduce new features, bug fixes, and performance upgrades. Significant updates, especially those requiring user action or causing major changes, will be communicated to users. We strive to minimize service disruption during updates but cannot guarantee uninterrupted service. Temporary downtime, if necessary, will be communicated in advance. Users are responsible for reviewing update notes and understanding their impact on usage.

8. Support and Maintenance

We provide dedicated support for AZExecute® users, addressing issues and queries related to the software. Our support services include troubleshooting, feature guidance, and account management assistance, accessible through the provided channels on our website. Regular maintenance, including updates and bug fixes, is conducted to ensure optimal performance and security. We commit to prompt responses and efficient issue resolution, minimizing inconvenience. However, we are not liable for any losses or damages resulting from delays or failures in support and maintenance services.

9. Termination and Cancellation Policy

Subscriptions to AZExecute® may be terminated by users at any time, becoming effective at the end of the current billing cycle. Access remains until this period concludes, with no refunds for the unused portion. We reserve the right to terminate access for violations of our terms, including the Acceptable Use Policy. Termination for breach will result in notification to the user, and depending on the violation's severity, an opportunity to rectify may be provided. No refund or credit is offered in cases of termination for breach.

10. Liability and Disclaimers

AZExecute® is provided "as is", without warranties of any kind. We disclaim all liability for uninterrupted or error-free service and are not liable for indirect, incidental, or consequential damages, including loss of profits, data, or other intangible losses. Our total liability in matters related to these terms is limited to the amount paid by the user in the 12 months preceding the event giving rise to the liability. This limitation of liability applies to the fullest extent permitted by law.

11. Payment Terms and Billing

Subscriptions are billed in advance on a recurring basis. Detailed payment terms and acceptable methods are outlined on our billing page. Late payments may lead to temporary suspension of service, with prior reminders. We reserve the right to modify pricing, communicated in advance. Users may accept new pricing or terminate their subscription before changes take effect. Changes in billing terms will also follow this process.

12. Amendments and Changes to Terms

We reserve the right to amend these terms at any time. Significant changes will be communicated through email or in-app notifications. Continued use after changes indicates acceptance of the new terms. Non-acceptance of amended terms should be followed by discontinuing use of the service. Users' rights under the previous terms will not be adversely affected by changes in these terms.

13. Governing Law and Dispute Resolution

These terms are governed by the laws of the jurisdiction where the provider is based. Disputes arising from these terms or the use of AZExecute® will first aim for amicable resolution. Failing resolution, disputes will be resolved through arbitration or in a competent court, as mutually agreed. This clause aims to provide a fair and efficient dispute resolution mechanism to both parties.

14. Feedback and Suggestions

We value user feedback for improving AZExecute®. Users are encouraged to submit feedback and suggestions. While not every suggestion may be implemented, all feedback is considered. All feedback and suggestions submitted become the property of JBS-Automation, with no obligation for compensation, acknowledgment, or credit to the user. This policy ensures we can freely use valuable user insights to enhance our service.

15. Azure Integration and Third-Party Services

AZExecute® integrates with Microsoft Azure, adhering to their security standards and consent frameworks. While we ensure secure integration, users are responsible for reviewing Azure's terms and privacy policies. Our service also includes access to third-party services and content. We choose third-party partners carefully but do not endorse or assume liability for their services or content. Users are advised to review third-party terms and exercise discretion when engaging with them.

16. Intellectual Property Rights of Users

Users maintain ownership of their intellectual property in content uploaded to AZExecute®. By uploading, users grant us a global, non-exclusive, royalty-free license to use this content for operating and improving our services. This license persists beyond service use. Users affirm they possess necessary rights for any uploaded content and indemnify us against any IP infringement claims.

18. API Use and Restrictions

API access in AZExecute® is provided under specific usage policies, including restrictions on excessive requests and misuse prohibition. We monitor API use and reserve the right to throttle or block access to maintain service integrity or for policy violations. Users are responsible for any consequences arising from API misuse.

19. Modification of Service

We continuously enhance AZExecute®, which may involve modifying features or functionalities. Significant changes will be communicated, while minor modifications may occur without notice. We prioritize user experience and consider user feedback in these modifications.

20. Contact and Communication

Users can reach us through designated contact channels on our website for inquiries or concerns about AZExecute®. We commit to prompt and effective responses. We may communicate with users for service-related updates or marketing, adhering to applicable consent laws for such communications.