Please read these Terms of Use carefully before using any Ablebits service. These Terms of Use (the "Terms of Use" or "Terms") are a legally binding agreement between you and Ablebits that governs your use of any Ablebits service.
2. Definitions
Ablebits, we, us, our: Office Data Apps sp. z o.o.;
Service: Any of our hosted online platforms that store user content and require authentication to access user content:
Shared Email Templates for Microsoft Outlook (or SET for Outlook);
Shared Email Templates for Gmail (or SET for Gmail);
Text Toolkit for Microsoft Excel (or Text Toolkit);
Subscription: A type of license granting users access to the Service for a specific duration, typically renewable periodically;
Website: Our website ablebits.com;
Blog: The blog section on the Website, where articles and related content are posted;
Documentation: Sections of the Website providing detailed user guides, technical information, and instructions for our Services;
Support Service: Assistance provided by Ablebits to users, including troubleshooting, issue resolution, and help with purchasing or using the Services, delivered via email, live chat, phone, online messaging and call services, and customer support platforms;
Customer: An individual, informal group of individuals, company, or other legal entity who authorizes their users to access and use the Service;
Company Account: A centralized account created by an individual to manage access to the Service on behalf of the Customer. The Company Account may be used by a single person, an informal team, or a formal organization, is managed by one or several company administrators, and supports multiple users, team structures, Subscriptions, and account-wide settings;
Company Administrator: An individual authorized to create and manage a Company Account on behalf of the Customer. A Company Administrator may add or remove users, create and manage teams, assign roles and permissions, configure account-wide settings, purchase and manage Subscriptions, and control access to the Service and associated resources;
User, you, your: Any individual who utilizes the Service or individual who contacts our Support Service;
User Account: A personal account created by a Company Administrator that allows you to access and use the Service;
Personal Data: Personal information (as this term is defined under applicable data protection laws) relating to an identified or identifiable individual, including, but not limited to, name, email address, IP address, and User Account credentials;
User Content: Any information or materials you create, upload, submit, store, or otherwise make available via the Service;
Support Service Information: Information provided by you during interactions with our Support Service, including, but not limited to, log files, screenshots, emails, descriptions of issues, details of your hardware and software environment, and other files or documents you provide to us for support or troubleshooting purposes;
Usage Data: Automatically collected data generated by your interactions with the Service, including requested pages, IP addresses, operation systems, web browser or client application information, referring webpages or domains, timestamps, and Service feature usage;
Cookies: Small text files placed on your device to collect information and improve your experience while you use the Service;
Third Parties: Any external individuals, organizations, service providers, or vendors that are not part of Ablebits and are not under our direct control. This may include hosting and webservices providers, analytics providers, or others with whom we interact in connection with the Service.
3. Acceptance of the Terms
By accessing, registering for, or using any part of the Service, you agree to be bound by these Terms of Use, which form a legally binding agreement between you and Office Data Apps sp. z o.o.
If you do not agree to these Terms, do not access or use the Service.
Your use of the Service is also subject to our Privacy Policy and Cookies Policy, which are incorporated by reference into these Terms (see the "Entire agreement" section for links to these policies). Please read our Privacy Policy and Cookies Policy where we describe how we collect, process, and protect your Personal Data.
Depending on your location, you may have additional rights or obligations under applicable laws and regulations. If you access or use the Service from the United States, the European Union, or other jurisdictions with specific legal requirements, additional rights or disclosures may apply to you as outlined in applicable sections of these Terms or our Privacy Policy.
4. License
Subject to the terms and conditions of these Terms, we hereby grant you a limited, per-user, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Service for your business purposes.
Neither these Terms nor your access to or use of the Service grants you any rights, title, or interest in or to any intellectual property rights related to the Service.
5. Acceptable use
You agree to use the Service only in accordance with applicable laws, these Terms, and our documentation and support guidance. You are solely responsible for your conduct while using the Service and for ensuring that your use does not violate the rights of others or our operational standards.
You agree that you will not, and will not permit others to:
access or use the Service for any unlawful, harmful, or fraudulent purpose, or to promote illegal activities;
interfere with, disrupt, or compromise the integrity, performance, or security of the Service or any third-party data contained therein;
use the Service in any way that could disable, overburden, or impair its functionality or availability for others;
circumvent, disable, or otherwise interfere with security-related features or technical restrictions of the Service;
use automation tools, bots, or scripts to interact with the Service in ways that exceed intended functionality or permitted usage limits;
attempt to gain unauthorized access to any portion of the Service, other users' accounts, or any connected systems or networks;
reverse engineer, decompile, disassemble, or attempt to derive source code or structure from the Service except to the extent permitted by applicable law;
copy, modify, create derivative works of, resell, distribute, or commercially exploit any part of the Service without our express written permission;
share login credentials or use a single User Account for access by multiple individuals, except where expressly permitted under a Company Account;
upload or distribute content that contains malware, viruses, ransomware, or other harmful components;
transmit or store content that violates intellectual property rights, privacy rights, or any laws or regulations;
engage in harassment, abusive behavior, hate speech, or any conduct that threatens or harms individuals or groups;
use the Service to transmit spam, chain letters, pyramid schemes, or unsolicited or unauthorized advertisements;
use the Service to create or promote a competing product or service;
upload or process any sensitive data (such as protected health information, personal data of children, or biometric identifiers) unless explicitly authorized by us;
attempt to probe, scan, or test the vulnerability of any system or network connected to the Service;
misrepresent your affiliation with any person or organization or impersonate another person or entity.
Violation of these Acceptable Use terms may result in the suspension or termination of your access to the Service and legal action where applicable.
6. Administrators and accounts
6.1. Company account
A Company Account is a centralized account created by an individual to manage access to the Service on behalf of the Customer. A Company Account may be used by a single person, an informal team, or a formal organization.
A Company Account is managed by one or several Company Administrators and supports multiple Users, team structures, Subscriptions, and account-wide settings.
6.2. Company administrators
Company Administrators are responsible for creating and managing their Company Account and User Accounts, managing teams, assigning user roles and permissions, configuring account and team settings, purchasing and managing Subscriptions, and controlling user access to the Service and associated resources.
To create and manage a Company Account, a Company Administrator must:
provide their Personal Data, including first and last name, username, email address, and the Company Account name;
submit any required form of authentication during registration to support single sign-on functionality;
provide accurate and complete Company Account information and keep it up to date.
A Company Administrator must not:
choose or use a username that impersonates another person;
use a username that is subject to another person's rights without proper authorization;
use a username that is offensive, vulgar, or obscene.
Company Administrators are responsible for:
enabling and maintaining appropriate security measures;
managing and paying for any active Subscriptions associated with the Company Account;
assigning Subscriptions to their users;
all activity that occurs under the Company Account;
any actions taken in connection with the Company Account.
Company Administrators must notify us immediately of:
any changes to their right to use the Service;
any security breaches;
any unauthorized access to or use of the Company Account.
We reserve the right to suspend or terminate any Company Account that violates the Terms of Use.
6.3. User accounts
User Accounts are created and managed by Company Administrators within a Company Account.
Each User Account must be associated with accurate Personal Data, including the User's name and email address.
User Account:
is subject to these Terms and must be used only by the assigned individual;
must not be shared, transferred, or reassigned without administrative control;
must be used in accordance with the roles and access permissions granted within the Company Account.
Users are responsible for maintaining the confidentiality of their login credentials and for all activity under their account. Any suspected unauthorized use must be reported to Company Administrators.
We reserve the right to suspend or terminate any User Account that violates these Terms.
7. Charges and payments
7.1. Pricing
The Service is offered under different subscription pricing plans (subscription plans), the limits and features of which are available on our Website. Your rights and obligations with respect to certain Service features and limits will be based on the chosen subscription plan.
7.2. Free trial subscription plan
We offer a free trial subscription plan that provides full functionality of the Service. When the trial period has expired, a paid subscription plan must be chosen or the Company Account must be closed.
7.3. Paid subscription plans
After the Customer purchases a Subscription, they will receive a subscription key. Once the subscription key has been activated, the rights of use and functionalities in accordance with the subscription plan the Customer paid for will be available to Users.
7.4. Subscriptions for nonprofit and educational organizations
We can provide discounted annual Subscriptions for educational organizations and free annual Subscriptions for charities.
We reserve the right to reject a request for a free or discounted Subscription without explaining the reasons.
7.5. Subscription plans changes
We reserve the right to update our subscription pricing from time to time. If we make changes to the pricing of your active subscription plan, we will notify Company Administrators before we effect any change. The continued use of the Service after the price change goes into effect constitutes the Customer's agreement to the new pricing. If you do not agree to the new pricing, you may cancel your Subscription before the change takes effect.
We reserve the right to modify, suspend, or discontinue the subscription plans at any time.
7.6. Subscription term
Unless otherwise specified in the order, the Subscription has an initial term of twelve (12) months for annual Subscriptions and one (1) month for monthly Subscriptions. The Subscription runs from the date specified in the order. Monthly Subscriptions are available only for Company Accounts that have a minimum of twenty (20) Users.
Your Subscription continues until canceled by the Customer or we terminate your access to or use of the Service in accordance with these Terms.
7.7. Payments
In the case of paid Subscriptions, all subscription fees due and payable under these Terms are exclusive of applicable taxes (including any sales, use, consumption, value-added, or any other tax), which will be added at the prevailing rate from time to time. When the Customer signs up for a paid subscription plan, they agree to pay and take responsibility for all charges in accordance with the chosen subscription plan. Additional bank and credit card charges and fees shall be borne by the Customer. All fees and charges shall be payable immediately and in the currency specified in the order.
7.8. Authorization for recurring payments
All paid subscription plans involve recurring fees. Depending on which plan and options the Customer chooses, those fees may recur each month or year thereafter, at the then-current rate. Please note that our fees are subject to change, although we will notify Company Administrators before we effect any change.
By agreeing to these Terms and purchasing a Subscription, the Customer acknowledges that their Subscription has recurring payment features and accepts responsibility for all recurring payment obligations prior to cancellation of their Subscription.
7.9. Automatic or manual subscription renewal
Subscriptions are renewed automatically or manually. With auto-renewal enabled by default, a Subscription will automatically renew at the due date for the same period. The card used for the original order will be debited by our third-party payment processor. A notification will be sent to the email addresses of Company Administrators.
Company Administrators can check the renewal settings and turn off auto-renewal. In this case the Subscription can be renewed manually.
7.10. Canceling subscriptions
Company Administrators may cancel a Subscription at any time, but the cancellation will only be effective at the end of the then-current subscription period.
In the case of annually paid Subscriptions, the payment is eligible for a full refund, if requested within thirty (30) days of the date of purchase. After the expiration of the 30-day period, the Customer will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation.
In the case of monthly paid Subscriptions, the payment is eligible for a full refund, if requested within ten (10) days of the date of purchase. After the expiration of the 10-day period, the Customer will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at the time of cancellation.
7.11. Right of withdrawal
Customers who have a statutory right to withdraw from their contract and want to exercise this right must contact us in this regard within fourteen (14) days from the date of purchase. In this case, a refund will be provided within fourteen (14) days of the receipt of their request.
The following purchases are not eligible for a refund under our policy:
Complimentary software;
Certain of our offerings sold with other third-party offerings;
Certain purchases completed and fulfilled, and also renewed, by a Third Party (for example a service provider, integrator, reseller, or retailer);
Repeat purchases that were previously refunded;
Service already redeemed or where setup has been performed.
7.12. Unsuccessful charges and subscription suspension
If for any reason a payment is declined, the Company Administrator must immediately update the Customer's billing information as required by our third-party payment processor.
We reserve the right, without liability to you, to terminate access to the Service if any fees due are not paid within seven (7) days for the annually paid Subscription or three (3) days for the monthly paid Subscription after the fees are first due. In the event of the foregoing, we are not obligated to provide the Service until the fees are paid in full. The User Account that has been suspended may be reactivated if the payment can be successfully processed for all charges accrued to the Company Account after the unsuccessful charge.
7.13. Changes in the number of subscription seats
Company Administrators may change the number of seats covered by a Subscription. If they increase the number of seats, the payment will depend on the amount paid previously. If they decrease the number of seats, there will be no refund.
7.14. Support service
We provide Support Service for you. With respect to technical information you provide to us as part of the Support Service, we reserve the right to use such information for our business purposes, including Service improvements and features development.
8. Termination
You may cease use of the Service at any time. If you are paying for a Subscription, you may terminate your Subscription as described in the "Canceling subscriptions" section. You may also request to cancel your paid Subscription at any time by using the details provided in the "Contact us" section.
These Terms will remain in full force and effect while you access or use the Service. In the case of violation of these Terms, we reserve the right to terminate your Subscription or your access at any time, with or without cause, with or without notice, with immediate effect and without liability, which may result in the termination of your Subscription and removal of your User Account and User Content.
Upon termination of your Account, you may request a copy of your User Content stored in the Service, provided your request is made within thirty (30) days of the effective cancellation date. We will make reasonable efforts to provide you with access to such data in a common, machine-readable format. After the expiration of the 30-day period, we reserve the right to permanently delete your User Content in accordance with the "User content retention and deletion" section below, unless otherwise required by applicable law.
9. User content
9.1. Responsibility for user content
User Content is the sole responsibility of the person who provides it. You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to use and upload User Content as described in these Terms.
By creating, uploading, submitting, storing, or otherwise making available any User Content through the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, use, reproduce, and display that content solely for the purpose of providing, maintaining, and improving the Service for you and other Users with whom you choose to share your User Content through the Service.
This license does not grant us the right to sell, sublicense, or otherwise commercially exploit your User Content, and we do not claim ownership over it.
Due to the encrypted nature of the Service, we cannot and do not screen, review, edit, or filter your User Content. We are unable to decrypt your content and, therefore, do not exercise any editorial control over what is created, uploaded, submitted, stored, or otherwise made available through the Service.
9.2. Accuracy, legality, and respect for intellectual property
You represent and warrant that:
any information or User Content you provide in connection with your access to or use of the Service is, and will remain, true, accurate, and complete;
any such information or User Content does not infringe any proprietary rights of any third party, including any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property rights;
you will respect our intellectual property rights and those of other Users.
9.3. Content provided by others
The Service may contain User Content provided by other Users. Please carefully consider the User Content you choose to create, upload, or share through the Service.
You assume all risks associated with User Content provided by other Users, including any reliance on its quality, accuracy, or reliability. We do not control and are not responsible for such User Content, and we do not endorse or verify its accuracy.
You are solely responsible for any personal or confidential information you choose to disclose to other users through the Service, and we disclaim any liability arising from such disclosures. You are expected to ensure that any information you share is only provided to Users who will treat it with appropriate security and confidentiality.
9.4. Availability of content
We do not guarantee that any content will be made available on the Service.
We reserve the right to, but are not obligated, to remove or block any User Content at our sole discretion, at any time, with or without notice, and for any reason or no reason. This includes, but is not limited to, situations where we receive claims or allegations from third parties or authorities, or where we believe you may have violated these Terms.
We also reserve the right to impose and modify usage limits on the Service at any time, whether temporarily or permanently. These may include restrictions on storage provided through a link to storage space, the number or size of content items, the amount of data downloaded or uploaded, and any other criteria we may specify. Any content exceeding any such limit may be removed or not accepted for such storage without any liability on our part.
We are not responsible for any loss, removal, or failure to deliver User Content to its intended recipient, whether due to a virus, unauthorized access, or any other reason beyond our control.
We strongly encourage you to maintain independent backups of any important or critical User Content. While we make commercially reasonable efforts to maintain Service uptime and protect your data, you are solely responsible for safeguarding your User Content against loss or disruption.
9.5. User content retention and deletion
Your User Account will become inactive if your Subscription has expired and you do not sign in to your Account for a continuous period of twelve (12) months. Your Company Account will become inactive if all associated Subscriptions have expired and none of the Users signs in to their associated User Account for a continuous period of twelve (12) months.
Before permanently deleting your User Account due to inactivity, we will make reasonable efforts to notify you by email or through other contact information associated with your User Account. You will have a minimum of thirty (30) days to respond or sign in to retain your Account and associated User Content.
Before permanently deleting your Company Account due to inactivity, we will make reasonable efforts to notify all Company Administrators by email or through other contact information associated with your Company Account. Company Administrators will have a minimum of thirty (30) days to respond or sign in to retain your Company Account and associated User Content.
We reserve the right, at our sole discretion, to permanently delete inactive User Accounts and Company Accounts and associated data following the notice period.
9.6. Prohibited user content
You agree not to create, upload, submit, store, or otherwise make available via the Service any User Content that:
is illegal or in violation of any applicable international, federal, state, or local law, regulation, or code of conduct;
abuses, defames, harasses, threatens, or incites violence or physical harm against any individual or group;
is pornographic, discriminatory, or otherwise victimizes or intimidates individuals or groups based on age, gender, religion, race, sexual orientation, ethnicity, national origin, or disability;
constitutes spam, pyramid schemes, chain letters, lotteries, gambling, unsolicited or unauthorized advertising, or unsolicited email;
contains or distributes viruses, malware, worms, Trojan horses, or other malicious or harmful code;
infringes on the intellectual property or proprietary rights of any third party, including copyright, patent, trademark, trade secret, right of publicity, or other legal rights;
contains payment card data, including credit or debit card numbers, or other sensitive financial information;
violates the privacy or data protection rights of any person;
misrepresents your identity or affiliation, or impersonates any person or entity;
promotes terrorism, violence, or illegal activities;
includes any other content that, in our sole discretion, is deemed inappropriate, harmful, or inconsistent with the intended use of the Service.
9.7. Third-party service providers
You acknowledge and agree that we use third-party service providers to host and provide the Service and store User Content, and such User Content will be protected in accordance with the security, confidentiality, and integrity measures of those Third Parties. You are responsible for properly setting up and using the Service and for taking appropriate steps to protect, maintain secure, and back up your User Content. We are not responsible for any unauthorized access, modification and/or deletion, destruction, damage, loss, and/or failure to store any User Content and/or other information that you submit and/or use in connection with the Service including, but not limited to, because of your mistakes, actions, or omissions.
10. Service availability
We strive to provide reliable, high-quality access to the Service. However, we do not guarantee that the Service will be available at all times or without interruption. You understand and agree that from time to time the Service may be inaccessible or inoperable for any reason, including, but not limited to:
Scheduled maintenance or updates;
System failures or technical malfunctions;
Network or infrastructure issues;
Force majeure events or causes beyond our reasonable control.
However, we make commercially reasonable efforts to minimize downtime and respond to incidents promptly.
We reserve the right, in our sole discretion, to modify, suspend, or discontinue all or any part of the Service at any time, temporarily or permanently, with or without notice.
11. Copyright
All ownership and copyright in the Service, including, but not limited to, software code, images, layouts, files, documentation, text, graphics, user interfaces, and all other materials and content provided by us, belong to Ablebits or our licensors. The Service is protected by copyright laws and international treaty provisions.
You may not copy, reproduce, distribute, modify, display, publish, or create derivative works from any part of the Service without our prior written consent, except as expressly permitted in these Terms.
If you believe that any content available through the Service infringes on your copyright or the copyright of someone you represent, you may submit a copyright infringement notice to us using the details provided in the "Contact us" section. Your notice should include:
A description of the copyrighted work that you claim has been infringed;
A description of the location where the allegedly infringing material is located (for example a URL or screenshot);
Your full name, email address, and a statement that you are authorized to act on behalf of the copyright owner;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement made under penalty of perjury that the information in your notice is accurate;
Your electronic or physical signature.
Please note that we reserve the right to share your notice with the party responsible for the allegedly infringing content.
12. Disclaimer
We are under no obligation to be involved in any dispute or incident you have with other Users of the Service. We disclaim all liability in connection with any prohibited User Content transfer to the Service. You are solely responsible for any damages arising from the use of any User Content. We are not responsible for unauthorized access to your Company Account or User Account or automatic transmission of messages or viruses (whether caused by viruses or otherwise).
13. Warranties and limitation of liability
13.1. Disclaimer of warranties
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or results from use of the Service.
Without limiting the generality of the foregoing, we do not warrant that:
the Service will be uninterrupted, timely, secure, or error-free;
the results that may be obtained from the use of the Service will be accurate, reliable, or suitable for your needs;
any bugs, errors, or defects will be corrected;
the Service or the servers that make it available are free from viruses, malware, or other harmful components;
any content, links, or files provided by or through the Service will be accurate, complete, or safe.
No oral or written information or advice provided by us or our authorized representatives shall create any warranty not expressly stated in these Terms.
13.2. Limitation of liability
For the purposes of this section, "direct damages" refer to losses that arise naturally and foreseeably from a breach of these Terms, such as the failure of the Service to operate as described. "Indirect damages" refer to consequential losses, including, but not limited to, lost profits, business interruption, loss of goodwill, or loss of data arising from third-party actions or circumstances beyond our control.
To the maximum extent permitted by applicable law, in no event shall we (including our affiliates, officers, directors, employees, agents, contractors, and licensors) be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including without limitation:
Loss of profits, revenue, data, or use;
Business interruption or procurement of substitute services;
Personal injury or property damage;
Unauthorized access to, use of, or alteration of your transmissions or User Content;
Whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages.
Where applicable law does not allow the exclusion or limitation of certain damages, some or all of the above exclusions may not apply to you.
Liability cap: To the extent permitted by law, our total aggregate liability to you for any direct damages arising out of or relating to these Terms or your use of the Service shall not exceed the amount you paid us for the Service in the six (6) months immediately preceding the claim. This liability cap applies to all claims combined, not on a per-incident basis.
These limitations form an essential basis of the agreement between you and us.
14. Indemnification
You agree to indemnify, defend, and hold harmless Office Data Apps sp. z o.o. ("Ablebits"), its officers, directors, employees, contractors, affiliates, and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with:
your breach of these Terms or any other applicable agreement with us;
your violation of any applicable law or regulation;
any User Content, including any claim that such content infringes or misappropriates the intellectual property or privacy rights of a third party;
your misuse or unauthorized use of the Service;
any disputes between you and any third party, including other Users of the Service.
We reserve the right, at our sole discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such cases, you agree to cooperate fully with us in asserting any available defenses and in responding to any third-party claims.
You may not settle any indemnified claim without our prior written consent unless such settlement includes a full and unconditional release of us from all liability and does not impose any obligation on us.
15. Waiver
You hereby forever discharge and release us, our officers, directors, employees, contractors, affiliates, and agents from, and hereby waive and relinquish, each past, present and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, and/or that relates directly or indirectly to:
the Service or your use of the Service;
any inaccurate, incomplete, unlawful, infringing, or otherwise harmful content made available through the Service, whether by us, another User, or any third party;
any injury, loss, or damage caused by other Users or User Content;
the conduct of any User, whether occurring online or offline;
any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft and/or destruction or unauthorized access.
If you are a California resident, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her, must have materially affected his or her settlement with the debtor".
16. Miscellaneous
16.1. Applicable law and jurisdiction
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Poland, a member state of the European Union, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the competent courts of the Republic of Poland.
16.2. Data processing addendum
To the extent international data protection laws apply to our processing of Personal Data on behalf of the Customer, our Data Processing Addendum (DPA) (see the link in the "Entire agreement" section) is incorporated by reference into, and forms part of, these Terms, unless both parties have agreed otherwise in writing.
16.3. Security safeguards and technical measures
We take the protection of your data seriously. We have implemented appropriate technical and organizational measures (TOMs) to safeguard Personal Data and User Content, in accordance with applicable laws such as the GDPR.
These measures include, but are not limited to:
Encryption of data in transit and at rest;
Role-based access control and two-factor authentication;
Regular security updates and vulnerability assessments;
You are responsible for implementing appropriate security measures within your own systems and for safeguarding your access credentials.
16.4. Severability
If any provision of these Terms is held to be unlawful, invalid, or unenforceable under applicable law, such provision shall be modified to the extent necessary to make it enforceable while preserving its intent, or if not possible, deemed severed, and the remainder of these Terms shall remain in full force and effect.
16.5. Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. Any attempt to do so without consent will be null and void.
Please note that we reserve the right to freely assign or transfer these Terms, in whole or in part, without restriction.
These Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
16.6. Enforcement
We reserve the right, but are not obligated, to investigate any violation of these Terms or any conduct that may cause harm or legal liability to us, our Users, or Third Parties. We reserve the right to take appropriate action at our sole discretion.
16.7. Publicity
By accepting these Terms, you grant us the right to use your organization's logo and name on our Website for marketing purposes free of charge. If you do not want us to use your organization's logo and name, you can contact us using the details provided in the "Contact us" section.
16.8. Force majeure
Except for payment obligations, neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including, but not limited to, natural disasters, pandemics, civil unrest, wars, acts of terrorism, labor disputes, embargoes, government orders, utility or internet outages, or failures of third-party service providers.
17. Changes of these Terms
We reserve the right to modify or update these Terms of Use at any time, at our sole discretion. When we make material changes to these Terms, we will:
post the updated version on our Website;
update the "Effective date" at the top of this document;
where appropriate, provide additional notice via email or through the Service.
Any such changes will become effective on the date indicated in the updated Terms, unless a later date is specified. We encourage you to review these Terms periodically to stay informed of any changes.
If you do not agree to the updated Terms, you must stop using the Service before the changes become effective. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.
All changes to our policies, operating rules, and procedures referenced in these Terms will be deemed incorporated into and form part of these Terms as of their effective date.
A "material change" means a change that significantly affects your rights, obligations, or use of the Service. This may include, for example, changes to payment terms, limitations of liability, user data rights, or acceptable use provisions. "Minor updates," such as clarifications or typographic corrections, are not considered material and may not trigger additional notice.
18. Notices
All notices provided by us to you under these Terms may be delivered in writing by mail to the contact mailing address provided by you on any Service order or by electronic mail to the email address associated with your Account.
All legal notices provided by you to us under these Terms must be delivered in English and in writing by mail to the mailing address specified in the "Contact us" section. All other notices provided by you to us under these Terms must be delivered in English and in writing by electronic mail to the email address specified in the "Contact us" section.
All notices provided by either party to the other party shall be deemed to have been given immediately upon delivery by electronic mail or upon the earlier of proof of receipt or two (2) business days after being deposited in the mail or with a courier.
19. Entire agreement
Unless otherwise agreed to in writing by you and us, these Terms, including our Privacy Policy, Cookies Policy, and any service-specific agreements or policies, constitute the entire agreement between you and us regarding your use of the Service, and supersede all prior or contemporaneous understandings, agreements, communications, and proposals.
Please contact us here