Effective Date: April 25, 2025

These Terms of Service ("Terms") govern your access to and use of applications developed by Software Shipping LLC, a Colorado limited liability company (doing business as "Software Shipping Co."), including but not limited to "AI Task Capture" ("the Application"). By accessing or using the Application, you agree to be bound by these Terms. "You" refers to the individual or entity using the Application.

1. Acceptance of Terms

By accessing or using the Application, you confirm that you are at least 18 years old, have the legal capacity to enter into these Terms, and agree to comply with them. If you do not agree, you must not use the Application. If you are using the Application on behalf of an organization, you represent that you have authority to bind that organization.

2. Description of Service

The Application integrates with Zendesk to provide task management functionality, including AI-driven features that analyze ticket content to create and complete tasks. We may update or modify the Application’s features at our sole discretion without notice.

3. License and Restrictions

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Application solely through the Zendesk Marketplace for your internal business purposes. You may not:

  • Copy, modify, adapt, or create derivative works of the Application;
  • Reverse engineer, decompile, disassemble, or attempt to extract the Application’s source code, except as permitted by law;
  • Sell, rent, lease, sublicense, or distribute the Application;
  • Use the Application for any illegal, unauthorized, or harmful purpose;
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Application or its systems;
  • Circumvent any access controls, security measures, or usage limits;
  • Use the Application to develop a competing product or service;
  • Remove or alter any proprietary notices or trademarks in the Application.

We reserve the right to monitor your use to ensure compliance and may revoke your license for any violation.

4. Subscription and Payment

Use of the Application beyond any trial period requires a paid subscription through the Zendesk Marketplace. You agree to pay all fees as specified in the Zendesk Marketplace listing. We are not responsible for billing disputes, which are governed by Zendesk’s terms. Non-payment may result in suspension or termination of access.

5. Ownership and Intellectual Property

The Application, including all software, code, designs, trademarks, and intellectual property rights, is the sole property of Software Shipping LLC. These Terms grant you no ownership or rights in the Application beyond the limited license above. You may not use our trademarks or branding without prior written consent.

6. User Content

You retain ownership of any content you enter into the Application ("User Content"). By using the Application, you grant Software Shipping LLC a worldwide, non-exclusive, royalty-free license to process, store, and display User Content solely to provide and improve the Application’s functionality. You are solely responsible for ensuring User Content complies with applicable laws and does not include sensitive or personally identifiable information (PII). We are not liable for any User Content.

7. Privacy

Our collection, use, and protection of information is governed by our Privacy Policy, which is incorporated into these Terms. You agree to review and comply with the Privacy Policy.

8. Third-Party Services

The Application integrates with third-party services, including Zendesk, OpenAI, AWS, and Supabase. Your use of these services is subject to their respective terms and privacy policies. We are not responsible for the availability, performance, or practices of third-party services.

9. Disclaimer of Warranties

THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL CODE. YOU USE THE APPLICATION AT YOUR OWN RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOFTWARE SHIPPING LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION IN THE PRECEDING 12 MONTHS. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, OR OTHERWISE).

11. Indemnification

You agree to indemnify, defend, and hold harmless Software Shipping LLC, its members, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Application; (b) your violation of these Terms; (c) your User Content; or (d) your violation of any third-party rights or applicable laws. We reserve the right to assume the defense of any claim for which we are entitled to indemnification, and you agree to cooperate fully.

12. Termination

We may suspend or terminate your access to the Application at any time, with or without cause, and without notice or liability, including for non-payment, violation of these Terms, or suspected misuse. Upon termination, your license to use the Application ceases, and you must stop all use. Sections 5, 6, 9, 10, 11, 14, and 15 survive termination.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via the Application or email at least 30 days before they take effect. Your continued use after such changes constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Application.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Denver, Colorado. You consent to the personal jurisdiction and venue of these courts. To the extent permitted by law, you waive any right to a jury trial.

15. Force Majeure

We are not liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, or technical failures.

16. Miscellaneous

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Software Shipping LLC regarding the Application, superseding any prior agreements.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment: You may not assign these Terms or your license without our prior written consent. We may assign these Terms without restriction.

No Third-Party Beneficiaries: These Terms do not confer any rights on third parties.

17. Contact Information

For questions about these Terms, contact apps@softwareshipping.co or Software Shipping LLC, 2437 Sunstone Dr., Fort Collins, Colorado 80525 USA.