2 March 2017
These are the Terms of Service between Quenda IvS (the "Vendor") and each user (the "User") of the online service (the "Service") on whose website these Terms of Service appear. The User is any paying customer, any non-paying entity subscribed by open signup, or any entity to whom this Service has been provided pro bono.
For the duration of this subscription agreement ("Agreement"), and whilst the User has an active account on the Service, the User may access and use the Vendor's Service according to the policies published on all websites associated with the Service. The Vendor retains all right, title, and interest in and to the Service, including without limitation all software used to provide the Service and all logos and trademarks reproduced through the Service. This Agreement does not grant the User any intellectual property rights in the Service or any of its components.
The Vendor may change or modify the Service at any time, without prior warning to the User. The Service may be terminated without notice, though the Vendor will endeavour to contact the User about terminations ahead of time so that they can make necessary preparations for potential migration. The User is free to stop using the Service at any point, and for a User who is a billed customer this means that billing will cease at the start of the next billing cycle.
THE USER ACCEPTS THE SERVICE "AS IS," WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VENDOR HAS NO OBLIGATION TO INDEMNIFY OR DEFEND USER AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WHERE PERMITTED BY LAW, VENDOR SHALL NOT BE RESPONSIBLE FOR LOSSES OF REVENUE, PROFITS, DATA, OR FOR ANY OTHER DAMAGES. VENDOR'S TOTAL LIABILITY SHALL NOT, TO THE EXTENT PERMITTED BY LAW, EXCEED THAT OF THE SUM TOTAL PAID BY THE USER FOR THE USE OF THE SERVICE.
Vendor does not warrant that the Service will perform without error or that it will run without immaterial interruption. Please contact the Vendor directly as the first point of contact if there is a problem with the Service.
The Vendor requires the User to use the Service respectfully. The Vendor asks the User especially to be aware of the following activities, which are expressly prohibited:
The Vendor reserves the right to downgrade, throttle, modify, or terminate any account found to have been used for any of the prohibited activities, and to remove any or all of the data associated with that account, whether or not the prohibited activities were performed with the knowledge of the User associated with that account. The Vendor will, however, endeavour to ensure that all disputes are handled reasonably and that no User is punished for mistakes which were beyond their control or could not have been reasonably foreseen. Failure by the Vendor to enforce any provisions shall not be regarded as a waiver of its right to enforce the provisions later. In instances where the Service is found to have been used unlawfully, the Vendor will cooperate with the relevant law enforcement agencies in the matter.
The laws of the country of Vendor's headquarters shall apply to any disputes arising out of or relating to the present Terms of Service, or of the Services themselves, unless a law in the User's country requires agreements to be governed by the law of the User's local country.