Software as a Service (“SaaS”) Agreement
GETPEGASUS TERMS OF SERVICE
Last updated 02.11.2020
1 AGREEMENT TO TERMS
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and getPegasus OÜ („getPegasus „, “we”, “us”, or “our”), concerning your access to and use of the http://www.getpegasus.io website (the “Site”), the platform and all content, services and/or products available on or through the platform (hereinafter referred to as the “Service” or “Services”). You agree that by accessing the Site and using the platform and the other services after receiving an account, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, THE PLATFORM AND THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATLY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Services after the date such revised Terms of Service are posted.
The information provided on the Site and the platform is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site and the platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
“Administrator” means a representative of the Client that is accessing the Service through the administrator account.
“Account” means an account enabling a person to access and use the platform and the other Services including both administrator accounts and user accounts;
“Client” means a customer of getPegasus.
“Client Data“ means personal data, reports, addresses, and other files, folders or documents in electronic form that a User of the Service stores within the Service.
„Content” means a website and the platform, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website.
“Personal Data” means any information relating to an identified or identifiable natural person.
“Public Area” means the area of the Site that can be accessed both by Users and Visitors, without needing to log in.
“Restricted Area” means the area of the Site or Service that can be accessed only by Users, and where access requires logging in.
“Subscription Fee“ means an amount that getPegasus charges for providing an access to its platform and the other Services.
“User” means an employee or representative of a Client or any other person authorised by a Client, who primarily uses the restricted areas of the Site for accessing the Service in such capacity.
“User Content” is any personal data submitted in creating an Account, as well as any information submitted pursuant to use of the Service, including, but not limited to, business plans, product or services info, customers, markets, software, documentation, inventions, processes, designs, drawings, business methods, marketing or finances information and/or strategies, digital or photographic images, learning materials, presentations, videos, graphics, text, or audio files.
“Visitor” means an individual other than a User, who uses the public area, but has no access to the restricted areas of the Site or the Platform.
3 PLATFORM AND SERVICES
The Platform owned by getPegasus is an online software for administering incubators, accelerators and similar. The standard features include dashboards for administrators, mentors, team leads, team members, evaluators, observers and alumni as well as application management and public facing website for the organisation.
The Platform is provided to the Client and the Users via an individually assigned URL.
The Client will only be able to access the Platform and the other Services by completing an online subscription or logging in to an account we create for the Client.
The main services provided by getPegasus include Account creation, onboarding, creation and provision of additionally agreed features as well as support as set out on our Site or in the Quote.
4 INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site and the Platform is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition policies and regulations of the European Union, international copyright laws, and international conventions. The Content and the Marks are provided on the Site and Platform “AS IS” for your information and use. Except as expressly provided in these Terms of Service, no part of the Site, the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Services, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access. We reserve all rights not expressly granted to you in and to the Site and the Platform, the Content and the Marks.
5 CLIENT REPRESENTATIONS
The Client warrants that all information provided to the Company is true, accurate and complete.
You acknowledge and agree that:
- you are authorised to use the Service and to access any information or data that you input into the Platform, including any data which has been inputted into the Platform by any person you have authorised to do so;
- you provide and keep the information requested by getPegasus about you and/or your business entity accurate, current and complete;
- you provide us with clear or timely instructions to enable us to provide you with the Platform and other Services, incl. during onboarding;
- the Service must only be used for your own lawful internal business purposes, in accordance with this Terms of Service;
- you remain fully responsible for all use of your Account and for any actions that take place through your Account, including responsibility for compliance with all laws and regulations that are applicable to you or the contributions you use or create in connection with the Service;
- you maintain the confidentiality of your password and other information related to the security of your account;
- if there is any unauthorised use of your passwords or any other breach of security, you will immediately notify us of such activity;
- the reliability of the Platform is dependent upon the Client’s access to the internet; and
- it is the responsibility of the Client to determine that the Service meets the needs of the Client and their business, and is suitable for the purposes for which the Service is used.
You may authorise other Users to use the Service but if you do so you must ensure that you are authorised to do so and that all authorised users comply with and accept all terms of this Agreement that apply to you.
We have no responsibility to any person or entity other than you and nothing in this Agreement confers, or purports to confer, a benefit on any person or entity other than you.
The use of the Service is at the Client’s own risk.
You remain solely responsible for complying with all applicable laws. It is your responsibility to ensure that access to your Data via the Software complies with the law applicable to you, including any laws requiring you to retain records of your Data.
6 USER REPRESENTATIONS
By using the Service, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site and the Platform through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site and the Platform will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site and the Service (or any portion thereof).
7 DEMO AND FREE TRIAL
By fulfilling the contact form on the Site, you may request a live demo of the platform.
We offer a free 1-month trial account for the Visitors interested in testing the real user experience. Trial account can be created upon the demo or after receiving your request form fulfilled on the Site. getPegasus has a shared trial system where any entries made by the demo account owners are seen by the others Visitors with the trial account.
The trial account is closed either upon expiry or in case the trial account is converted to a subscription account.
8 SUBSCRIPTION AND ACCOUNT
In order to use the Service, the Client shall conclude corresponding SaaS Agreement either by subscribing online or as submitted to the Client by us via email.
Information that is created when you subscribe, such as log in details and passwords (“Client and Personal Data”) is stored on servers in USA however some Data may pass through or be stored on the servers outside. We will take industry best-practice steps to ensure that Client and Personal Data is kept secure and confidential.
You will be required to pay a fee for your subscription to the Platform (“Subscription Fee”) as set out on our Site or in our Quote. You will not be given an Account to access and use the Platform until payment is made.
Upon subscription, the Client obtains one valid administrator Account to use the Platform for the Term of this Agreement.
The administrator has a right to authorize other Users of the Service by creating additional User Accounts. Various user groups have access to different functionalities of the Platform depending on their user needs.
9 USER GENERATED CONTRIBUTIONS
The Platform invites and / or allows Users to contribute to and / or fulfil various forms, reports, information and notification boards and may provide the Users with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, „Contributions“). Contributions may be viewable by other users of the Service as determined by us (built-in functionality) or by the Administrator. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms of Service.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms of Service.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
getPegasus may review information provided by the Client and the Users for its correctness. Any use of the Service in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Service.
By posting your Contributions to any part of the Site or the Platform, you automatically grant, and you represent and warrant that you have the right to grant, to us and the Client an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, publish, archive, store, publicly display (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for the purpose that allows us delivering the agreed Service and the Client to run its business. If the data is processed by us for the purpose of statistics, analysing the usage trends and preferences of our Visitors and Users, the data will only be used in anonymized or aggregated form.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. However, the Users might need to agree on the use of their intellectual property with the Client separately. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
10 PUBLIC FACING WEBSITE
As part of the Service, the Client can opt for the public facing website (the “PFW“) created by us based on the information available on the Platform.
Domain name provided by getPegasus appears in the format of “[name of the Client].getpegasus.io”.
The Client shall be solely responsible for all content available on or through its PFW, and shall at all times be subject to the terms of the SaaS Agreement, this Terms of Service. Client warrants that its PFW hosted on the getPegasus servers will not infringe and will not contain any content that infringes on or violates any copyright, any patent or any other third-party right; and will not contain any content which violates any applicable law, rule or regulation. getPegasus shall have no obligations with respect to the content available on or through any PFW hosted by getPegasus, including, but not limited to, any duty to review or monitor any such content. getPegasus reserves the right to block any PFW that violates any of the above-stated terms, or which in getPegasus sole discretion, getPegasus deems objectionable or offensive, or otherwise violates a law or getPegasus policy, or, in the alternative, to terminate the SaaS Agreement.
11 BACKUP AND RESPONSIBILITY FOR THE USER DATA
We will maintain certain data that the Client and the Users transmit to the platform and the Site for the purpose of managing the performance of the Platform and the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, the Client and the Users are solely responsible for all data that they have created or uploaded or that relates to any activity they have undertaken using the Platform and the Site. Client and the Users agree that we shall have no liability to them for any loss or corruption of any such data, and they hereby waive any right of action against us arising from any such loss or corruption of such data.
12 FEES AND PAYMENT
You agree to pay the Subscription Fee required to enable you to access and use the Service.
The Client can choose between a monthly or an annual subscription plan and pay the respective subscription fee by way of bank transfer or credit card. If you subscribe online you must provide your credit card details when completing your online subscription.
The invoice is subject to the value added tax in accordance with the Estonian Value-Added Tax Act.
You acknowledge and agree that:
- If you pay by credit card, to maintain your subscription, payment to us will be made automatically on the basis set out on our Site or in our Quote, from the credit card that you have provided to us. If we are unable to take payment from your credit card, we will attempt to contact you via email as soon as we become aware of the payment failure.
- If you pay by means of bank transfer, the Subscription Fee to getPegasus is due within the period of 14 days following the issue of an invoice. If you do not pay any amount properly due, we will attempt to contact you via email.
- Until payment is confirmed, we may suspend your Account without notice to you, in which case you will not be able to access your Account or use the Software.
The Client can cancel the subscription after the first three months at any time by contacting the support. The Client must advise us in writing at least 14 days before the next Subscription Fee is due.
It is the Client’s responsibility to retrieve all necessary data from their Account prior to cancellation.
We may terminate the Agreement immediately, in our sole discretion, if:
- you breach any of these Terms and Conditions and do not remedy the breach within 30 days after receiving notice of the breach if the breach is capable of being remedied;
- we reasonably suspect that you are attempting to reverse engineer the getPegasus software and Platform that you are provided access to;
- we consider that a request for Platform and other Services is inappropriate, improper or unlawful;
- you fail to provide us with clear or timely instructions to enable us to provide you with the Platform and other Services;
- we consider that our working relationship has broken down including a loss of confidence and trust;
- the Subscription Fee is not paid within 2 months;
- for any other reason outside our control which has the effect of compromising our ability to provide you with the required Platform and other Services within a required timeframe.
We do not grant refunds for cancelled subscriptions or upon deletion of the user account.
14 PROHIBITED ACTIVITIES
You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Service, you agree not to:
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Publish, post, upload, e-mail, distribute, or disseminate any inappropriate, profane, defamatory, misleading, false, infringing, obscene, indecent, or unlawful content.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site or Platform in order to harass, abuse, or harm another person.
- Use the Service as part of any effort to compete with us or otherwise use the Site, the Platform and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Service to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Engage in unauthorized framing of or linking to the Site or the Platform.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Service („Submissions“) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
16 THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Platform) links to other websites („Third-Party Websites“) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties („Third-Party Content“). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Platform or any Third-Party Content posted on, available through, or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
17 PLATFORM MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Platform for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform.
19 COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Platform infringes upon any copyright you own or control, please immediately notify us. A copy of your notification will be sent to the person who posted or stored the material addressed in the notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the Platform infringes your copyright, you should consider first contacting an attorney.
20 MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site and the Platform at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site or the Platform. We also reserve the right to modify or discontinue all or part of the Service without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the website or the platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Service at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Service during any downtime or discontinuance of the Site or the Platform. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Service or to supply any corrections, updates, or releases in connection therewith.
21 GOVERNING LAW
These conditions are governed by and interpreted following the laws of Estonia. If your habitual residence is elsewhere, and you are a Client or a User, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. getPegasus OÜ and yourself both agree to submit to the non-exclusive jurisdiction of the courts of Estonia, which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Service in Estonia, or in the country in which you reside.
22 DISPUTE RESOLUTION
22.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a „Dispute“ and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
22.2 Binding Arbitration
Any dispute arising from the relationships between the Parties shall be determined by one arbitrator. The arbitration proceedings shall be administered in accordance with the law of Estonia.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
22.4 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a competent court of Estonia.
There may be information on the Site or the Platform that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE PLATFORM AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE PLATFORM AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
25 LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Service; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Service with whom you connected via the Platform. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
27 ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site or the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Service, the SaaS Agreement and any policies posted by us on the website or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Service. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
29 CONTACT US
In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at:
- Vilmsi 11, 10126, Tallinn, Estonia