Ablebits Terms of Use

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the ablebits.com website (the "Website") and Ablebits software products and services (the "Products") operated by Ablebits ("us", "we", or "our").

Your access to and use of the Website and Products is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website and Products.

By accessing or using the Website and Products you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Website and Products.

Purchases

If you wish to purchase any product or service made available through the Website ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that Ablebits is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that Ablebits cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Subscriptions

Some Products are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription may automatically renew under the exact same conditions unless you cancel it or Ablebits cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Ablebits customer service.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Ablebits with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Ablebits to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Ablebits will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free trial

Ablebits may, at its sole discretion, offer a Product with a free trial for a limited period of time ("Free Trial").

At any time and without notice, Ablebits reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee changes

Ablebits, in its sole discretion and at any time, may modify the fees for the Products. Any fee change will become effective at the end of the then-current Billing Cycle.

Ablebits will provide you with a reasonable prior notice of any change to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Products after the Subscription fee change comes into effect constitutes your agreement to pay the modified fee amount.

Refunds

Certain refund requests for your orders may be considered by Ablebits on a case-by-case basis and granted in sole discretion of Ablebits.

Availability, errors, and inaccuracies

We are constantly updating our offerings of the Products and Website. The products or services available on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other websites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.

Content

Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Website, including its legality, reliability, and appropriateness.

By posting Content to the Website, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website. You retain any and all of your rights to any Content you submit, post or display on or through the Website and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Website, who may also use your Content subject to these Terms.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Website.

You are responsible for safeguarding the password that you use to access the Website and for any activities or actions under your password, whether your password is with our Website or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Copyright policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes the copyright or other intellectual property infringement ("Infringement") of any person.

If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit your notice in writing to the attention of "Copyright Infringement" of company@ablebits.com and include in your notice a detailed description of the alleged Infringement.

In cases where there are conflicting claims to the ownership of Copyright, it is our policy to air on the side of removing materials from our Website.

Complaints under the copyrights, designs, and patents law

If you wish to make a complaint/request that certain material be taken down, please send a request in writing to our Notice and Takedown Officer.

We, Ablebits, are committed to ensuring that the material displayed on our Website is lawful and in accordance with the Digital Millennium Copyright Act ("DMCA"). To help us deal with your complaint as quickly as possible, please include the following information in your correspondence and mark it as "URGENT":

Your contact details - including your name, email address and daytime telephone number.
Identify the material in question - please include sufficient detail to enable us to identify the material complained of.
The reasons for your objection.

We will review each objection on its merits and pending our inquiries, may remove or disable access to the relevant material from our Website.

Where appropriate, you should include information relating to the status of the material in question (i.e. Where you hold a Trademark or own the Copyright to an image). This will enable us to deal with your request promptly.

Intellectual property

The Website and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Ablebits and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ablebits.

When you upload content, you give to Ablebits a worldwide, non-exclusive, royalty-free, transferable license (with right to sublicense) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Website and otherwise in connection with the provision of the Ablebits business.

Links to other web sites

Our Website may contain links to third-party web sites or services that are not owned or controlled by Ablebits.

Ablebits has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Ablebits shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Website will immediately cease. If you wish to terminate your account, you may simply discontinue using the Website.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Ablebits and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Website.

Limitation of liability

In no event shall Ablebits, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Website and Products is at your sole risk. The Website and Products are provided on an "AS IS" and "AS AVAILABLE" basis. The Website and Products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Ablebits its subsidiaries, affiliates, and its licensors do not warrant that (a) the Website and Products will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; or (c) the results of using the Website and Products will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Ablebits ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Website and Products, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Ablebits or any person for whom Ablebits is responsible, and even if Ablebits has been advised of the possibility of such loss or damage being incurred.

Governing law

These Terms shall be governed and construed in accordance with the laws of Washington, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website and Products after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Website and Products.

License Agreement, Privacy Policy, and Cookies Policy

Please refer to our End-User License Agreement, Privacy Policy and Cookies Policy. You agree that they constitute part of these Terms of Use. You must read our License Agreement, Privacy Policy, and Cookies Policy before you use the Website and Products.

Entire Agreement

The Terms of Use constitutes the entire agreement between you and Ablebits regarding your use of the Website and Products, and supersedes all prior and contemporaneous written or oral agreements between you and Ablebits.

You may be subject to additional terms and conditions that apply when you use or purchase other Ablebits products or services, which Ablebits will provide to you at the time of such use or purchase.