Terms and Conditions of Comply PRO+ SAAS

These Terms govern

  • the use of this Application and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

This Application is provided by:

COMPLY PRO PLUS LLC
P.O. Box 415
WEST CHESTER, PA, 19381

Comply PRO+ contact email: contact@complyproplus.com

In this agreement, COMPLY PRO PLUS LLC will be referred to as the Owner.

Information about this Application

Consumer Product Safety Compliance Framework Software as a Service.

“This Application” refers to

  • this website, including its subdomains and any other website through which the Owner makes its Service available.
  • applications for mobile, tablet, and other smart device systems;
  • the Application Program Interfaces (API);
  • any applications, sample and content files, source code, scripts, instruction sets, or software included as part of the Service, as well as any related documentation;

What the User should know at a glance

  • The Service/this Application is only intended for Users not qualifying as Consumers, such as Business Users.
  • Usage of this Application and the Service is age-restricted: to access and use this Application and its Service, the User must be an adult under applicable law.
  • The right of withdrawal only applies to European Consumers.
  • This Application uses automatic renewal for Product subscriptions. Information about the a) renewal period, b) termination details, and c) termination notice can be found in the relevant section of these Terms.

How this Application works

This Application merely serves as a technical infrastructure framework or platform to allow Users to build their Consumer Product Safety Compliance program. The Owner, therefore, is not directly involved in any such interactions between Users.

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section generally apply when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

  • Users may not qualify as Consumers.
  • Users must be recognized as adults by applicable law;

Account Registration

To use the Service Users must register or create a user account, providing all required data or information completely and truthfully.
Failure to do so will cause the Service to be unavailable.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users must also choose passwords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, has been violated, unduly disclosed or stolen.

Account Termination

Users can terminate their account at the end of the yearly contract period and stop using the Service by doing the following:

  • By contacting Comply PRO+ thirty days before the account anniversary date using the contact details provided in this document.

Account suspension and deletion

Comply PRO+ LLC reserves the right, at its sole discretion, to suspend or delete at any time and without notice User accounts that it deems inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

Comply PRO+ undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on this Application – All rights reserved

COMPLY PRO PLUS LLC holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Application, the User may download, copy and/or share their data content available through this Application for its sole personal and non-commercial use provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Content provided by Users

Comply PRO+ allows Users to upload, share, or provide their own content to this Application.

By providing content to this Application, Users confirm that they are legally allowed to do so and are not infringing any statutory provisions and third-party rights.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on this Application they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.

To the extent permitted by applicable law, Users waive any moral rights concerning content they provide to this Application.

Users acknowledge, accept, and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete, or block such content at its discretion and, without prior notice, to deny the uploading User access to this Application:

  • upon becoming aware of any (alleged) violation of these Terms, any third-party rights, or applicable law based on such content;
  • if a notice of infringement of intellectual property rights is received;
  • if a notice of violation of a third party’s privacy, including their intimate privacy, is received;
  • upon order of a public authority; or
  • where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, or blocking of content shall not entitle Users who have provided such content or who are liable for it to any claims for compensation, damages, or reimbursement.

Users agree to hold the Owner harmless from, and against any claim asserted and/or damage suffered due to content, they provided to or provided through this Application.

Access to external resources

Through this Application, Users may access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users are suspected to violate any laws, regulations, third-party rights and these Terms, including, but not limited to, by engaging in any of the following activities:

Conduct Restrictions

  • pretending to fulfill any possible condition or requirements for accessing this Application and using the Services, such as, for instance, being an adult according to law or qualifying as a Consumer;
  • concealing their identity or stealing someone else’s identity or pretending to be or represent a third-party if not allowed to do so by such third party;
  • manipulating identifiers to disguise or otherwise conceal the origin of their messages or the content posted;
  • defaming, abusing, harassing, using threatening practices, threatening or violating the legal rights of others in any other way.
  • promoting activity that may endanger the User’s life or the life of any other User or lead to physical harm. This includes but is not limited to suicide threats or instigations, intentional physical trauma, the use of illegal drugs, or excessive drinking. Under no circumstance is any User allowed to post any content promoting and encouraging and/or showing any self-destructive or violent behavior on this Application;
  • probing, scanning, or testing the vulnerability of this Application, including the services or any network connected to the website, nor breaching the security or authentication measures on this Application, including the services or any network connected to this Application;
  • installing, embedding, uploading, or otherwise incorporating any malware into or via this Application;
  • using this Application or the technical infrastructure in an abusive, excessive, or otherwise inappropriate way (for example, for spamming purposes);
  • attempting to disrupt or tamper with the technical infrastructure in a manner that harms or places an undue burden on this Application or the Service;

Scraping

  • adopting any automated process to extract, harvest, or scrape information, data and content from this Application and all the digital properties to it related unless where explicitly allowed to do so by the Owner;

Content Restrictions

  • disseminating or publishing content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
  • publishing any content that promotes, either directly or indirectly, hate, racism, discrimination, pornography, or violence.
  • disseminating or publishing any content that is false or may create unjustified alarm.
  • using this Application to publish, disseminate, or otherwise provide content protected by intellectual property laws, including but not limited to patent, trademark, or copyright law, unlawfully and without the legitimate right-holder’s consent;
  • using this Application to publish, disseminate, or otherwise make available any other content that infringes on any third-party rights, including but not limited to state, military, trade or professional secrets and personal data;
  • publishing any content or carrying out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Application or another User’s experience or devices. Such activities include spamming, distributing unauthorized advertisements, phishing, defrauding others, spreading malware or viruses, etc.;

User protection

  • misappropriating any account in use by another User.
  • harvesting or collecting any personally identifying information of other Users, including but not limited to their email addresses or contact information, by circumventing the privacy setting of other Users’ accounts on this Application or by any other means;
  • using any information relating to other Users, including personal or contact data, for purposes other than those this Application is intended;

Commercial use restrictions

  • registering or using this Application to promote, sell, or advertise products or services of any kind in any way;
  • indicating or trying to imply in any manner, that a User stands in a qualified relationship with this Application or that this Application has endorsed the User, the User’s products or services, or any third party’s products and services for any purpose;

Software license

Any intellectual property rights and any other exclusive rights on software or technical applications embedded in or related to this Application are held by the Owner and its licensors.

Subject to Users’ compliance with and notwithstanding any divergent provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable, and non-transferable license to use the software and any other technical means embedded in the Service within the scope and for this Application and the Service offered.

This license does not grant Users any rights to access, usage, or disclosure of the source code. All techniques, algorithms, and procedures contained in the software and any documentation related to that are the Owner’s or its licensors’ sole property.

All rights and license grants to Users shall immediately terminate upon any termination or expiration of the Agreement.

API usage terms

Users may access their data relating to this Application via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Application, is bound by these Terms and, in addition, by the following specific terms:

  • The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

TERMS AND CONDITIONS OF SALE

Paid Products

Some of the Products provided on this Application, as part of the Service, are provided based on payment.

The fees, duration, and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.

To purchase Products, the User must register or log into this Application.

Product Description

Prices, descriptions, or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.

While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, and sounds) is for reference only. It implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing process

Any steps needed from Product choice to order submission, form part of the purchasing process.
The purchasing process includes these steps:

  • Users must indicate the desired Plan by selecting it, including users and sales channels, to make it appear in the purchase selection.
  • Users may review their purchase selection and modify, remove, or add items.
  • Users will be required to specify their billing address, contact details, and a payment method.
  • During the purchasing process, Users may, at any time, modify, correct, or change the information provided or altogether abort the purchasing process with no consequence.
  • After providing all required information, Users must carefully review the order and, subsequently, may proceed to checkout.

To submit the order, Users must accept these Terms and use the respective button or mechanism on this Application, hereby committing to pay the agreed-upon price.

Order submission

When the User submits an order, the following applies:

  • The submission of an order determines the contract conclusion and, therefore, creates the obligation for the User to pay the price, taxes, and possible further fees and expenses, as specified on the order page.
  • If the purchased Product requires an action from the User, such as providing personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.
  • Upon submission of the order, Users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

 

Prices

Users are informed during the purchasing process and before order submission about any fees, taxes, and costs ) that they will be charged.

Prices on this Application are displayed:

  • Excluding any applicable fees, taxes, and costs.

Methods of payment

Information related to accepted payment methods is made available during the purchasing process. We use Paddle as our Merchant of Record, and they process the payments for Comply PRO PLUS LLC. Paddle will issue any tax documents and more information regarding W9 forms can be found in the knowledge base of the help center.

All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Payment of price in installments

The payment of the purchase price may be settled in one or more installments within the deadlines specified on this Application or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the User fails to meet any of the payment deadlines, Paddle will try collecting the missed payment, and failure to cure the missing payment may result in cancellation, with the entire outstanding amount becoming immediately due and payable.

Retention of Product Ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.

Retention of usage rights

Users do not acquire any rights to use the purchased Product until the Owner receives the total purchase price.

 

Contractual right of cancellation

The Owner grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of this Application within 14 days of concluding the contract.

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on this Application is delivered via cloud access on the device(s) chosen by Users.

Users acknowledge and accept that to download and use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market standards.

Contract duration

Trial period

Users have the option to test this Application or selected Products during a limited and non-renewable trial period at no cost. Some features or functions of this Application may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified in this Application.

The trial period shall automatically convert into the equivalent paid Product unless the User cancels the purchase before the trial period expires.

Subscriptions

Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

Open-ended subscriptions

Paid subscriptions begin on the day the payment is received by the Owner.

To maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

 

 

 

Fixed-term subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Owner and last for the one-year subscription period chosen by the User or otherwise specified during the purchasing process.

Once the subscription expires, the Product shall no longer be accessible unless renewed.

Installments

If the purchase price is paid in monthly installments, the subscription shall start on the day that the Owner receives the first payment and last for the entire duration of the subscription, provided that all other installments are received in time.

Failure to meet the payment deadlines may result in the unavailability of the Product.

Automatic renewal of fixed-term subscriptions

Subscriptions are automatically renewed through the payment method that the User chose during purchase.

The renewed subscription will last for a period equal to the original term.

The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

Termination

Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document or — if applicable —using the corresponding controls inside this Application.

If the notice of termination is received by the Owner no later than 30 days before the subscription renews, termination shall take effect as soon as the current period is completed.

Terminations shall take effect 30 days after the Owner has received the notice of termination.

User rights

Right of withdrawal

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Who the right of withdrawal applies to

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.

Users that do not fit this qualification, cannot benefit from the rights described in this section.

Exercising the right of withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.

To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

  • In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of withdrawal

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

Brazilian User rights

Right of Regret

Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of this Document and in accordance with the guidelines in this Section.

Exercising the right of regret

To exercise their right of regret, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before the regret period expires. When does the regret period expire?

  • Regarding the purchase of goods, the regret period expires seven (7) days after the day on which the User or a third party designated by the User – other than the carrier – receives the goods.
  • Regarding the purchase of several goods ordered together but delivered separately, or in case of the purchase of a single good consisting of multiple lots or pieces delivered separately, the regret period expires seven (7) days after the day on which the User or a third party designated by the User – other than the carrier receives the last good, lot or piece.

Effects of regret

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.

However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract or the actual return of the product, whichever occurs later. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…

 

Guarantees

Money-back-guarantee

Without prejudice to applicable statutory rights, the Owner grants Users the right to cancel their subscription during the first 14 days if unsatisfied and obtain a refund.

The terms and conditions applicable to such an offer can be found in the dedicated section of this Application.

Liability and indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner’s liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

EU Users

Limitation of liability for User activities on this Application

Users acknowledge and accept that the Owner merely provides Users with the technical infrastructure and features incorporated in this Application.

The Owner does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users’ obligations.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

 

US Users

 

 

Disclaimer of Warranties

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at the Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users’ own risk, and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible, or it may not function properly with the Users’ web browser, mobile device, and operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

 

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

  • any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service.
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service.
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages; therefore the above limitations or exclusions may not apply to the User. The terms give the User specific legal rights, and the User may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent applicable law prohibits.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User.
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties outlined in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights.
  • User’s violation of any statutory law, rule, or regulation.
  • any content that is submitted from the User’s account, including third-party access with User’s unique username, password, or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s willful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users’ rights relating to continued product use and compensation, as provided by applicable law.

Additionally, the Service might not be available for reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts, etc.).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Application and its Service without the Owner’s express prior written permission, granted directly or through a legitimate reselling program.

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

 

 

EU Users

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions, thereby substituting the void, invalid, or unenforceable parts.
In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity, or impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed clauses are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Prevalence of national law

However, regardless of the above, if the law of the country that the User is located in provides for a higher applicable consumer protection standard, such higher standards shall prevail.

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for Consumers in Europe

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.

US Users

Surviving provisions

This Agreement shall continue in effect until it is terminated by either this Application or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

  • The User’s grant of licenses under these Terms shall survive indefinitely.
  • the User’s indemnification obligations shall survive for a period of five years from the date of termination;
  • the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

Dispute resolution

Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 2 days of receiving it.

Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts.

As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such a platform for resolving disputes stemming from contracts that have been entered into online. The platform is available at the following link.