Terms of Service
Terms of Service
Acceptance of Terms
OTRS Group (referred to here as “OTRS”) provides its Service (as defined below) to You through its website (the “Site”), subject to these Terms of Service (“TOS”). By accepting these TOS or by accessing or using the Service or Site, You acknowledge that You have read, understood, and agree to be bound by these TOS. If You are entering into these TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such an entity and its affiliates to these TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.
OTRS may change these TOS from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Service after that time Your use will signify acceptance of the revised terms and conditions. If You do not accept nor agree with any change to these TOS, cease accessing and using the Service.
Description of Service
The Service includes (a) the Site, (b) the OTRS Help Desk System, tools and services provided through the Site and by the OTRS API made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the OTRS API (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
General Conditions / Access and Use of the Service
Subject to the terms and conditions of these TOS, You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by these TOS, (b) use the Service to process data on behalf of any third party, or (c) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
Subject only to the limited right to access and use the Service expressly granted to You under these TOS, all rights, titles and interests in and to the Service and its components will remain with, and belong exclusively to, OTRS. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with OTRS, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted.
OTRS reserves the right to access any and all of Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose any of Your data except as required by law or otherwise permitted by You.
You understand that the technical processing and transmission by the Service, including Your content, may be transferred unencrypted and involve (a) transmissions over various networks, (b) changes to conform and adapt to technical requirements of connecting networks or devices, and (c) transmission to OTRS third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
The failure of OTRS to exercise or enforce any right or provision of these TOS shall not represent a waiver of that right. You acknowledge that these TOS are a contract between You and OTRS, even though it is electronic and may not be physically signed by You and/or OTRS, and it governs Your use of the Service.
Contacting You. We may contact You during the course of the free trial period, or shortly thereafter, to inquire about Your use of OTRS. Contact will be made by email and/or telephone.
The Trial period of the Service is free of charge and limited in a timely manner. At any point of the Trial you may contact email@example.com to upgrade your Trial to a paid plan.
After expiration of the Trial the OTRS instance and all data is deleted and cannot be restored.
At no point the use of the Service derives the right to get access to the source code of OTRS or any other system involved or required to provide this Service.
Disclaimer of Warranties
The service, including the site and content, and all server and network components, is provided on an “as is” and “as available” basis without any warranties of any kind, to the fullest extent permitted by law and OTRS expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that OTRS does not warrant that the service will be uninterrupted, timely, secure, error-free, or virus-free and no information or advice obtained by you from OTRS or through the service shall create any warranty not expressly stated in these TOS.
Limitation of Liability
Under no circumstances, and under no legal theory (whether in contract, tort, or otherwise), shall OTRS be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data, or business interruption. In addition, OTRS shall not be liable for any direct damages, costs, losses or liabilities in excess of the monthly service fee paid, or payable by you, for the one month preceding the time of any claim for monetary damages or one hundred ($100) U.S. Dollars, whichever is less. The provisions of this section allocate the risks under these TOS between the parties and the parties have relied on these limitations in determining whether to enter into this agreement.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, OTRS’ liability will be limited to the greatest extent permitted by law.
OTRS may assign or transfer these TOS, in whole or in part, without restriction.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Service or any of its components.
These TOS shall be governed by the laws of the State of California without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of California for the purpose of resolving any dispute relating to Your access to or use of the Service.