Terms & Conditions

1. Agreement to these terms

These Terms & Conditions (“Terms”) govern your access to and use of the Bay Area Support website at bayarea.support, our customer portal, and our IT support services (together, the “Services”). By creating an account, signing in, or using the Services, you agree to these Terms. If you are agreeing on behalf of a business, you represent that you are authorized to bind that business, and “you” means that business and its authorized users.

If you do not agree to these Terms, do not use the Services.

2. Who we are and what we provide

Bay Area Support (“Bay Area Support,” “we,” “us,” or “our”) provides IT support and protection to businesses in the San Francisco Bay Area. Our Services include remote support, on-site visits, and optional monitoring, backup, security, privacy, and network packages. You choose which services you want, keep control of your own systems, and decide when we help.

Our Services include remote support, on-site visits, and optional packages such as security, backup, privacy, and network coverage. Plan features, response speed, and priority vary by plan. Response times and priority are targets we work toward, not guaranteed service levels, unless we agree otherwise in writing.

Response-time targets are measured during our published business hours. A support request submitted within the last hour before the close of business may not receive a same-day response, even on a plan with a same-day response target, and will be responded to on the next business day.

3. Eligibility and business use

The Services are intended for businesses and their authorized users. To use the Services, you must be at least 18 years old and able to enter into a binding contract. You agree to use the Services only for lawful business purposes and in accordance with these Terms.

4. Your account

You are responsible for the information you provide and for activity that happens under your account.

• Provide accurate, current, and complete information, and keep it up to date.
• Keep your sign-in credentials confidential and do not share them.
• Each seat is intended for one person. You are responsible for the actions of the users you invite.
• Notify us promptly if you believe your account has been accessed without authorization.

5. Plans, seats, and billing

Our paid plans are billed per person, per month, and are month-to-month with no long-term contract.

• Billing. Subscription fees are billed in advance through our payment processor (Stripe). By starting a paid plan, you authorize us to charge your payment method for the recurring fees and any charges you approve.
• Adding seats. When you add a seat, it is billed when the invited person finishes joining your account.
• Upgrades and downgrades. Upgrades take effect immediately and are prorated. Downgrades and removals take effect at your next renewal; we do not provide partial refunds for the current period.
• On-site visits. On-site visits are billed per visit at your plan’s applicable rate, quoted before the visit.
• One-time and ad-hoc support. Certain one-time services, such as pay-per-session remote support, are billed as quoted at the time you request them.
• Taxes. Fees are exclusive of taxes. You are responsible for any applicable taxes.
• Late or failed payment. If a payment fails or is past due, we may suspend or limit the Services until the balance is resolved.
• Refunds. Except where required by law or expressly stated, fees are non-refundable.

6. Free plan

Any free plan we offer is provided as a convenience, on an as-is basis, and is served at the lowest priority. We may change, limit, or discontinue a free plan at any time.

7. Support and remote access

To provide support, we may need to connect to your devices and view your screen. You authorize us to access your systems remotely for the purpose of providing the Services, and you can grant or decline that access on a per-session basis. Remote sessions are encrypted and permission-based, and you may end a session at any time.

Security and monitoring software. If you add a package that includes it, we deploy security or monitoring software on the devices or network equipment it covers, such as antivirus and endpoint-security software on covered computers, or monitoring for covered network equipment. This software collects device and diagnostic information so we can protect and support your systems, and it may run with the privileges it needs to do its job. You authorize us to install and operate this software on devices you own or control, you confirm that you have the authority to allow it and have obtained any consents required from the people who use those devices, and you can ask us to remove it at any time.

Back up your data. You are responsible for maintaining current backups of your data before any support work. We use commercially reasonable efforts to help, but we do not guarantee any particular result or that every issue can be resolved, and we are not responsible for data loss that occurs despite reasonable care.

8. Your responsibilities

When you use the Services, you agree to:

• Maintain your own backups and disaster-recovery arrangements;
• Hold valid licenses for the software and systems we support;
• Provide accurate information and reasonable access so we can help;
• Use the Services lawfully and keep your own credentials secure; and
• Obtain any consents required from your own employees or users for the support you request.

9. Acceptable use

You agree not to:

• Use the Services for any unlawful, infringing, or harmful purpose;
• Interfere with or disrupt the Services or the systems that support them;
• Attempt to gain unauthorized access to any account, system, or data;
• Reverse engineer or misuse our tools except as permitted by law; or
• Resell or provide the Services to third parties without our written authorization.

10. Third-party services and software

We use and may recommend third-party products and services, such as payment processing, remote-support and monitoring software, and cloud storage. Your use of those products may be subject to the third party’s own terms and privacy policies. We are not responsible for third-party products or services, and providing or recommending them is not an endorsement or warranty.

11. Intellectual property

The Services, including our website, content, software, and tools, are owned by Bay Area Support or our licensors and are protected by law. We grant you a limited, non-exclusive, non-transferable right to access and use the portal to receive the Services. You retain ownership of your own data and content; you grant us the permissions needed to store and process it in order to provide the Services.

12. Confidentiality

We treat the non-public information we access while supporting you as confidential and use it only to provide the Services and as described in our Privacy Policy.

13. Disclaimers

The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, that every problem can be diagnosed or resolved, or that data will not be lost. You are responsible for maintaining backups.

14. Limitation of liability

To the fullest extent permitted by law, Bay Area Support and its owners, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption, arising out of or relating to the Services, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services will not exceed the amount you paid us for the Services in the twelve months before the event giving rise to the claim.

15. Indemnification

You agree to indemnify and hold harmless Bay Area Support and its owners, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Services, your violation of these Terms, or your violation of any law or the rights of a third party.

16. Term and termination

These Terms apply while you use the Services. Because paid plans are month-to-month, you may cancel at any time, effective at the end of your current billing period. We may suspend or terminate your access if you violate these Terms, fail to pay, or use the Services in a way that risks harm to you, to us, or to others.

On termination, your right to use the Services ends. Sections that by their nature should survive, such as billing for amounts owed, disclaimers, limitation of liability, and indemnification, will survive.

17. Changes to the Services or these Terms

We may update the Services and these Terms from time to time. When we change these Terms, we will update the “Last updated” date on this page, and we will provide additional notice for material changes. Your continued use of the Services after an update means you accept the revised Terms.

18. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The state and federal courts located in the San Francisco Bay Area will have jurisdiction over any dispute that is not otherwise resolved, and you consent to that jurisdiction and venue. Before filing any claim, you agree to first contact us and try to resolve the matter informally.

19. General

If any provision of these Terms is found unenforceable, the rest will remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with our Privacy Policy, are the entire agreement between you and Bay Area Support regarding the Services.

20. Contact us

If you have questions about these Terms, please reach out through our Contact page or email us at support@bayarea.support.