Terms & Conditions

Effective Date: 09/13/2021

These Terms of Service (“Terms”) apply to the use of the Astea.one website and online platform (collectively the “Platform”). The Platform is provided by Astea Solutions, Inc. (“Astea”, “we”, “us” or “our”), and these Terms represent a binding agreement between you as the user of the Platform (“you” or “your”) and Astea Solutions. By accessing and using the Platform and the services (“Services”) provided by the Platform, you confirm your acceptance of these Terms and our associated Privacy Policy. If you do not agree to these Terms, you must immediately discontinue use of the Platform and Services.

NOTE: THESE TERMS CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER AND A WAIVER OF THE RIGHT TO A JURY. PLEASE REVIEW SECTION 15 BELOW BEFORE USING THE PLATFORM OR SERVICES.

  1. Description of our Platform and Services
    The Astea.one Platform and Services enable IT businesses and individual specialists to participate in Astea’s vendor network and to be inquired for potential projects with Astea or Astea’s clients.
  2. Changes
    We may from time to time modify, amend, or vary these Terms (collectively, “Modifications”). Please check these Terms regularly to ensure you are aware of any Modifications made by us. If you continue to use this Platform or Services, you are deemed to have accepted such Modifications. If you do not agree to such Modifications, you should discontinue use of the Platform and Services.
    You understand and agree that we may change or discontinue the Platform or Services or change or remove functionality of the Platform or Services any time at our sole discretion.
  3. Eligibility and Registration
    You must be eligible to work to use the Platform and our Services. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. You can register to register in the Platform and use the Services offered through the Platform by completing our registration form. You agree to provide complete and accurate information when registering to use the Platform and to keep that information updated.
  4. Privacy
    Any personal information that you provide through the Platform and Services will be processed and shared in accordance with our Privacy Policy.
  5. Access and Use
    Provided you are in compliance with these Terms, Astea hereby grants you a non-exclusive, non-transferable, revocable license to access and use the Platform and Services for the purpose of participating effectively in the partnership with Astea. All other rights in the Platform are reserved by Astea. In the event of your breach of these Terms, we will be entitled to terminate the User License immediately.
    You agree not to (i) modify, adapt or translate the Platform or Services or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or Services; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the Platform or Services; (iii) modify, translate or prepare derivative works of the Platform Services, or any portion thereof; (iv) make any commercial use of the Platform Services; or (v) rent, lease, distribute or lend the Platform or Services to third parties.
  6. Participation in Astea.one
    The Platform allows you to register as a Business or Individual specialist. You agree that the Platform will collect all necessary personal information for its purpose. For more information, please refer to our Privacy Policy.
  7. Intellectual Property
    Astea.one and associated logos are the trademarks of Astea Solutions, Inc. Other trademarks, service marks, graphics and logos used in connection with the Platform are the trademarks of their respective owners (collectively “Third Party Trademarks”).
    The Platform and Services and all intellectual property rights in the same are owned by Astea Solutions, Inc. The content (“Platform Content”) that is provided or created through the Platform or Services are either owned by Astea Solutions, Inc. or its licensors. User Content (as defined in Section 8 below) is owned by the user that generated it, but licensed to Astea Solutions, Inc. as described in Section 8 below.
    The Astea Solutions, Inc. Trademarks, Platform Content and Third Party Trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of Astea Solutions, Inc. or the applicable trademark or copyright holder. The Platform and Services and Platform Content are protected by copyright, trademark, patent and other intellectual property and proprietary rights, which are reserved to Astea Solutions, Inc. and its licensors.
  8. User Content
    The Platform or Services contain features that allow you to post or provide content (collectively, “User Content”). You retain the right to your User Content. However, you grant to Astea Solutions, Inc. the worldwide, perpetual, irrevocable, fully transferable and royalty-free right and license to use the User Content for any purposes, including, without limitation, to reproduce, distribute, publish, modify, publicly display, publicly perform, and make derivative works of the User Content, and for any and all commercial purposes, and in any and all media and formats, whether now known or hereafter created.
  9. Prohibited Uses
    You agree not to use the Platform or Services in any way, provide User Content or engage in any conduct that:
    • is unlawful, illegal or unauthorized;
    • is defamatory of any other person;
    • is obscene, sexually explicit or offensive;
    • advertises or promote any other product or business except the one your participate in;
    • is likely to harass, upset, embarrass, alarm or annoy any other person;
    • is likely to disrupt our service in any way;
    • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
    • infringes any copyright, trademark, trade secret, privacy, publicity or other proprietary right of any other person; or
    • advocates, promotes, or assists any violence or any unlawful act.
  10. We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any User Content that violates these Terms, including, without limitation, violations of this Section 9. In addition, we reserve the right at our sole discretion to terminate any user’s access to thePlatform and Services if they violate this Section 9 or any other provision of these Terms.
  11. Third Party Links
    The Platform may contain links to other websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services (collectively, “External Applications”) for your convenience.
  12. Indemnification
    You agree to defend, indemnify, and hold harmless Astea Solutions, Inc. and each of their respective parent companies, affiliates, officers, directors, employees, and agents (collectively, “Indemnitees”) against any lawsuit, liability, penalties, investigations, injuries, damages or expense (including attorney’s fees) arising from your use of the Platform or Services, any User Content you provide or any breach of these Terms by you. The Indemnitees reserve the right to control the defense and settlement of any third-party claim for which you are obligated to indemnify Indemnitees under these Terms and you will assist us in exercising such rights and defending such third-party claims.
  13. Disclaimer of Warranties
    We provide the Platform and Services on an ‘as is’ and ‘as available’ basis without any promises or representations, express or implied. In particular, Astea Solutions, Inc. does not warrant or make any representation regarding the validity, accuracy, reliability or availability of the Platform, Services or Platform Content. To the fullest extent permitted by applicable law, Astea Solutions, Inc. hereby excludes all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular use, or that the Platform or Services are of satisfactory quality, non-infringing, is free of defects, or are able to operate on an uninterrupted basis, or that the use of the Platform or Services by you is in compliance with laws or that any information that you transmit in connection with the Platform or Services will be successfully, accurately or securely transmitted.
  14. Limitation of Liability
    NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ASTEA SOLUTIONS, INC. NOR ANY OF THE INDEMNITEES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE PLATFORM, SERVICES OR ANY EXTERNAL APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THE PLATFORM OR SERVICES IS TO STOP USING THE PLATFORM OR SERVICES, AS APPLICABLE.
    SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
    In the event that applicable law does not allow the disclaimer of certain warranties and/or the limitation of liability for direct, indirect, consequential or other damages, in no event shall Indemnitees’ liability arising under or in connection with these Terms and your use of the Platform or Services exceed $100.
  15. Governing Law and Jurisdiction
    These Terms shall be governed by the laws of the State of New York, without regard to its choice of law principles. In the event arbitration does not apply as set forth in Section 17, you and we irrevocably submit to the jurisdiction of the state and federal courts of New York City, New York with regard to any dispute arising out of or relating to these Terms.
  16. Arbitration Provision
    You and we agree that any dispute, claim or controversy between you and us arising in connection with or relating in any way to these Terms or the Platform or Services will be determined by mandatory binding individual (not class) arbitration under this provision (“Arbitration Provision”). You and Astea Solutions, Inc. further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this Arbitration Provision or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This Arbitration Provision will survive termination of these Terms.
    You and Astea Solutions, Inc. both agree that nothing in this Arbitration Provision will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court, or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Arbitration Provision does not stop you or us from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
    YOU AND ASTEA SOLUTIONS, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION, WHETHER IN ARBITRATION OR IN COURT. Unless both you and Astea Solutions, Inc. agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
    Either you or we may start arbitration proceedings. Any arbitration between you and Astea Solutions, Inc. will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Provision. You and Astea Solutions, Inc. agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879.
    Any arbitration hearings will take place in the county of your residence address, provided that if the claim is for $25,000 or less, you or Astea Solutions, Inc. may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
    If you choose to file an arbitration proceeding and you are required to pay a filing fee, Astea Solutions, Inc. will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Astea Solutions, Inc. will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    If this Arbitration Provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 14 shall govern any claim in court arising out of or related to these Terms.
  17. Termination
    These Terms are effective unless and until terminated by either you or Astea Solutions, Inc. You may terminate these Terms at any time, provided that you discontinue any further use of the Platform and Services. We also may terminate or suspend these Terms, at any time, without notice and accordingly deny you access to the Platform and Services, for any reason, including without limitation, if at our sole discretion you fail to comply with any provision of these Terms or your use is harmful to the interests of another user of the Platform or Services. Upon any termination of the Terms by either you or us, you must promptly cease using the Platform and Services.
    Sections 3, 4, and 7 through 19 and the restrictions (but not the license) in Section 5 shall survive termination of these Terms.
  18. General
    These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and Astea Solutions, Inc. with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms may not be changed, waived or modified except by Astea Solutions, Inc. as provided herein or otherwise by written instrument signed by Astea Solutions, Inc. Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Astea’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Astea Solutions, Inc. may assign, transfer or delegate this or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
  19. Contact Us
    If you have any questions regarding our Platform or Services, you can email us at inquiries@astea.one.