ChangeBreeze

Terms of Service

Last Updated: October 18, 2024

Version 1.0

1. Acceptance of Terms

By accessing or using ChangeBreeze (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Description of Service

ChangeBreeze is an ITIL-compliant change management platform designed for Managed Service Providers (MSPs) and businesses to manage IT change requests, approvals, and implementations.

3. Account Registration

3.1 Eligibility

You must be at least 18 years old and have the authority to enter into these Terms on behalf of your organization.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access or security breach.

4. Subscription and Billing

4.1 Subscription Plans

ChangeBreeze offers multiple subscription plans:

  • Single Business: For individual companies managing their own change processes
  • Multitenant MSP: For Managed Service Providers managing multiple client companies

4.2 Pricing

Subscription fees are charged monthly based on your selected plan and the number of licensed users. Current pricing is available at changebreeze.com/billing/.

4.3 Payment

Payment is processed through Stripe. By providing payment information, you authorize us to charge the applicable fees to your payment method.

4.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

4.5 Refunds

We do not provide refunds for partial months of service. See our Billing Terms for details.

5. User Conduct and Acceptable Use

You agree not to:

  • Violate any laws or regulations
  • Infringe on intellectual property rights
  • Transmit malicious code or viruses
  • Attempt to gain unauthorized access to the Service
  • Interfere with or disrupt the Service
  • Use the Service for any unlawful purpose
  • Resell or redistribute the Service without authorization

See our Acceptable Use Policy for complete details.

6. Data and Privacy

6.1 Your Data

You retain all rights to the data you submit to the Service ("Customer Data"). You grant us a limited license to host, store, and process Customer Data solely to provide the Service.

6.2 Multi-Tenant Isolation

ChangeBreeze operates a multi-tenant architecture with complete data isolation between organizations. Your data is never shared with or accessible by other customers.

6.3 Privacy

Our collection and use of personal information is governed by our Privacy Policy.

7. Service Availability

7.1 Uptime

We strive to maintain 99.5% uptime but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance when possible.

7.2 Support

Support is provided via email at [email protected]. Response times vary by subscription plan.

8. Intellectual Property

8.1 Our Property

The Service, including all software, designs, text, graphics, and other content, is owned by ChangeBreeze and protected by copyright and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes.

9. Termination

9.1 By You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

9.2 By Us

We may suspend or terminate your access immediately if you violate these Terms, fail to pay fees, or engage in conduct that we reasonably believe is harmful to other users or the Service.

9.3 Effect of Termination

Upon termination, your access to the Service will cease, and we may delete your Customer Data after a reasonable grace period (typically 30 days).

10. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHANGEBREEZE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold harmless ChangeBreeze from any claims, losses, damages, liabilities, and expenses arising from your use of the Service or violation of these Terms.

13. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes via email or through the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms.

14. Governing Law and Disputes

14.1 Governing Law

These Terms are governed by the laws of Australia and the United States, depending on your location.

14.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration, except for claims that may be brought in small claims court.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and other policies, constitute the entire agreement between you and ChangeBreeze.

15.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in full force and effect.

15.3 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

For questions about these Terms, please contact us at:

ChangeBreeze Support: [email protected]