Terms of Service

Updated at 1st of February, 2022

General Terms

Listed below are the Terms and Conditions of Manila Case Tracking (Manila) usage. If we modify this agreement, we will notify you in advance. Generally speaking, we strive to be as clear and simple as possible. FCC is owned and operated by Sherpa Software Development, LLC (SSD)

1: Software As A Service

Manila is an application that is provided for your use as a Software as a Service (SaaS). Your monthly service fees grant access to the application.

This service is provided to you "AS IS" without indemnification or warranty of any kind, express or implied. You are responsible for the accuracy, quality and integrity of the data you enter into the system. There are several instances where Manila can, with your permission, add third party data into the system. But it is your responsibility to validate that data before use (geolocation information, document meta data).

The service provided by Manila is for use by you and your users only and you are not permitted to transfer, sell, resell, rent or lease your membership to anyone else.

2: What's Ours is Ours and Yours is Yours

All of the data you enter into Manila is yours. The software that uses and presents the data is ours. You shall be able to remove your data upon request. We secure the data using several methods: (a) Data in transit uses HTTPS, or secure, encrypted communication channels. (b) Data within the system is logically separated from others. (c) Data is backed up routinely and consistently, and is stored in several offsite locations. (d) Manila does not collect or store your billing information. (e) The physical Manila environment is monitored 24/7/365 via state-of-the-art protection and monitoring tools. Only authorized personnel have access to the data center.

All of the data you put into Manila must comply with U.S. laws, rules and regulations. Manila, the application, is copyright SSD with all rights reserved. You may not duplicate, copy, modify or reuse any portion of the application or application components without our permission.

3: Data Retention

We routinely and consistently back up data entered into Manila. We retain these backup sets for long periods of time. Manila is designed so that the data you enter into the system now will be available for retrieval years from now. Although Manila does its very best to save, backup and store data, Manila makes no promises that data will never be lost or unavailable.

4: Warranties

Manila does not warrant that the Software Services will meet all of Client's requirements or that use of the Software Services will be uninterrupted, secure or error-free. If a problem arises, Manila will fix or repair issues as quickly as possible.

5: Your Responsibilities

You are responsible for the security of your account. We cannot be liable for any loss or damage from your failure to do so. You must use the service as a human. Sorry, no robots or automated processes are allowed. Your login should only be used by one person, although we frequently do allow for exceptions if prearranged. You must not modify, adapt or "hack" the application.

6: Payments, Refunds, Cancellations and Terminations

Your company will be invoiced monthly for Manila usage. The invoice terms are NET 30. You can cancel at any time and any unused credits will be refunded to you.

If your account in canceled, we will do our very best to get all of your data to you in a mutually agreed-upon format. We will retain your data for at least 30 days. Afterwards, your data is subject to deletion and removal.

7: Support

Manila support is provided for members of the service. You can generally call us at 703-831-7145 8:00 AM EST - 8:00 PM EST Monday through Friday, although these hours are subject to change for holidays and other events. You can email us anytime at [email protected]. We will respond to all inquiries, questions, comments and help requests within 24 business hours, but most often within less than one hour.

8: Final Provisions

We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance for other customers.

We do not warrant that: (i) the service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and (v) any errors in the service will be corrected. Although we try very, very hard to do our best if any problems arise.

You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other similar matter relating to the service.

If you have any comments, concerns or feedback about these terms and conditions, please contact us at [email protected]