QSANDBOX TERMS OF SERVICE
Last updated: March 9, 2021
Welcome to https://qSandbox.com (hereinafter referred to as "Web site" or "website") which is owned and operated by ORBISIUS (hereinafter referred to as Provider) and may be accessed worldwide.
By using this website and the services provided by the Provider you warrant that you are at least 18 years of age and agree to be bound by these Terms of service. Please read these Terms of service carefully before using this website and if you have any questions, please contact us at: firstname.lastname@example.org.
If you do not agree to any of the conditions contained in these Terms of service, you should not use this website and the services provided by the Provider.
II. PURPOSE AND SCOPE OF THE TERMS OF SERVICE
1.2 These Terms of service are a binding legal agreement between the Provider and the User, who uses the services of the Provider or accesses the website. These Terms of service will come into force as soon as the User uses the website for the first time. The User undertakes to use the website and all the contents of the website as well as the services provided by the Provider legally, in accordance with the conditions set forth in these Terms of service.
III. SUBJECT MATTER OF THE TERMS OF SERVICE
2.1 The Provider has created the website https://qsandbox.com, which contains detailed information about services offered by the Provider to the Users related to the use of the web hosting services provided by the Provider to Users.
2.2 The Provider provides and the Users undertake to use the website under the conditions set forth in these Terms of service.
2.3 In its professional activity the Provider fully guarantees the rights stipulated by the law of the Users, as an additional corrective of his activity are namely: good faith, as well as consumer and commercial criteria established as good practices.
2.4 Users are granted a non-exclusive, non-transferable, limited, non-sublicensable, fully revocable license to access and use the web hosting services provided by the Provider only for the purpose of creating, managing and operating your Users’ website/s and/or websites of Users’ clients. After termination of the provision of the services by the Provider to Users, the User shall immediately stop using the selected service/s. Users are not allowed to license, lease, sell, distribute, rent, or transfer in any other way the services provided by the Provider to third parties, except as permitted by these Terms of service or otherwise authorized in writing by the Provider.
IV. CHARACTERISTICS OF THE WEBSITE
3.1 The website is a platform for ordering of hosting services offered and provided by the Provider. In addition, the website allows the Users the opportunity to contact the Provider regarding a specific request, such as for the purchase of a particular subscription plan, through the contact form of the Website or by directly clicking on the e-mail placed on the website, in which case the respective User will be redirected to his e-mail program via hyperlink, where the Provider's e-mail address will be automatically entered.
3.2 The Provider offers to the Users subscription plans through which the Users can use the hosting services provided by the Provider. The main characteristics of each hosting plan can be viewed in detail in the “Pricing” menu or at the following link: https://qsandbox.com/app/?page=pricing.
3.3 Services provided
The Users of the website have the opportunity to use the following services, namely:
- to view the content of the website;
- to register an account;
-to select and order a subscription plan offered by the Provider;
-to read the blog, respectively, the articles providing useful information for all Users.
3.4 The Provider offers to the Users paid subscription plans which provide better and modified functionalities compared to the free subscription plan.
3.5 The Provider provides detailed information to the Users about each of the subscription plans offered on this website, available at: https://qsandbox.com/app/?page=pricing.
V. REGISTRATION OF A PROFILE
4.1 The services offered on the website are intended to be used by Users who are mature and capable. By accepting these Terms of service, the User declares that he/she meets these conditions.
4.2 The registration on the website is voluntary and free of charge. Registration entitles Users to use the free hosting services provided by the Provider with limited parameters, free of charge. The registration also entitles Users to use the paid subscription plans, which provide more opportunities.
4.3 In order to create an account, the User must select the "Sign up" button and fill in the registration form correctly, in which the e-mail address and password must be entered.
4.4 After entering the necessary information, the User shall click on the "Sign up" button, in which case the User agrees to be bound by these Terms of service, as well as all subsequent changes in them.
4.5 Simultaneously with filling in the form and pressing the button "Sign up" button, the User creates a profile free of charge, respectively from that moment the Provider and the User enter into a legal relationship between them.
4.6 The registration of the profile shall be confirmed by the Provider by e-mail to the specified in the registration form e-mail address of the User.
4.7 The account is accessed by entering an e-mail address or username and a password. The User is responsible for protecting of his/her password, as well as for all actions performed by the User or by a third party using the password.
4.8 It is prohibited the same e-mail address to be registered for more than one User’s account.
4.9 The User confirms that the information provided during registration is correct. The Provider is not responsible for any typographical errors or misrepresentations of information or information presented in a misleading manner. The User undertakes to update and correct an outdated and inaccurate data within 7 days of the change of the data. The User is responsible for all actions that are performed through the registered profile. The User undertakes to notify the Provider of suspected or unlawful access.
4.10 The Provider has the right to refuse the access of the User to the services offered on the Website, in case the User provides or the Provider has doubts that the User has provided incomplete, incorrect or inaccurate information. The Provider has the right to close / delete the created profile and data, if at the discretion of the Provider or if there is data from competent state authorities that through the registered profile illegal actions have been carried out.
4.11 The Users have the opportunity to choose different subscription plans. The respective subscription plans offered to the Users by the Provider are hierarchically dependent on the price of each one, and each more expensive plan provides the Users more options.
4.12 The subscription plans are free and paid the latter can be paid by the Users on a monthly or annual basis.
VI. PRICING AND PAYMENT TERMS
5.1 The Provider offers to the Users to purchase better features (parameters) for the provision of hosting services in the form of paid subscription plans.
5.2 The paid subscription plans are provided against a predetermined fee in USD or EUR, which is set out in the general characteristics of each of the subscription plans, and which payment must be paid in advance.
5.3 The Users can pay the selected paid subscription plan for the whole year, and for this purpose the 12-month fee should be paid in advance in the month preceding the first month from the calendar year for which the relevant subscription plan will be activated.
5.4 In order to purchase a paid subscription plan, Users shall click on the "Pricing" menu and then select the "Select" button under the selected paid plan.
5.5 The payment is made via PayPal online payment system or via credit card using Stripe payment processor.
5.6 After the successful payment transaction of a certain subscription plan, the Provider issues an electronic invoice upon request, which is sent to the e-mail address specified by the User in his account.
5.7 After the successful payment transaction of a certain subscription plan on the billing website billing.qsandbox.com, the Provider issues an electronic invoice automatically, which is sent to the e-mail address specified by the User in his account.
5.8 A few minutes after payment of the paid subscription plan, the Provider activates it together with its functionalities for the selected hosting plan by the User.
5.9 Each paid subscription plan has a defined validity period from the date of its activation. Upon expiration of the respective subscription plan, the payment processor shall attempt to automatically renew it at the price it was initially purchased. If the User does not pay it or if the payment fails, the Provider will restrict in full the functionalities of the selected hosting plan. In such case, the Provider shall not be liable for any damage as well as damages to the business reputation of the respective User.
VII. MAINTENANCE AND TECHNICAL SUPPORT
6.1 The Provider has the right to perform a periodic preventive maintenance, and the latter may be planned or unplanned.
6.2 If the preventive maintenance performed by the Provider exceeds more than 8 hours, the Provider shall provide the Users a 30-day period during which the Users have the right to request the Provider to return the sum for the actual subscription plans that they are using, or to provide them a discount code for subsequent purchase of a subscription plan.
6.3 The Provider shall provide the Users with technical support according to the term and characteristics of the current subscription plan purchased by the User.
6.4 The technical support by Provider is provided via e-mail, ticketing system and/or online chat, as to which Users have the opportunity to describe the relevant issue.
VIII. FORCE MAJEURE
7.1 The Provider shall not be liable to the User for total or partial non-performance, including for delaying the activation of a paid subscription plan, etc., if it is due to "Force Majeure" (Force Majeure). "Force majeure" means an extraordinary circumstance (event) that arose after the signing of the agreement, could not be foreseen and is not dependent on the will of the parties, such as: fire, industrial accidents, military actions, pandemics, natural disasters - storms, torrential rains, floods, hailstorms, earthquakes, ice, drought, landslides, etc. natural elements, embargo, government bans, strikes, riots, etc.
7.2 In the event that the Provider has been unable to fulfill its obligations due to a force majeure, the Provider shall be obliged within 10 days to notify in writing the User of its occurrence, as well as the supposed period of validity and termination of force majeure.
IX. RIGHTS, OBLIGATIONS AND LIABILITY OF USERS
8.1 The User undertakes to use the website and its functionality legally and in accordance with these Terms of service.
8.2 The User has the right to review the contents of the website.
8.3 The User has the right to contact the Provider of this website.
8.4 The User has the right to register only one account.
8.5 The User has the right to purchase a subscription plan offered by the Provider.
8.6 The User has the right to delete an account he has created, at any time, in accordance with the provisions set out in these Terms of service. The User shall also has the right to request the deletion of the account by the Provider. In such cases the Provider shall delete the account of the User and anonymize the data and send it to the User as a screenshot.
8.7 The User is solely responsible for actions and omissions constituting an infringement under Canadian law, regardless of the fact that those actions/omissions are as a result of the User or a third party`s access to the User's profile.
8.8 The User undertakes to fully compensate and release the Provider from liability in the event of any court cases or other claims of clients arising out of the fulfillment of any of the obligations of the User specified in these Terms of service or engaging in illegal commercial activities.
8.9 The User undertakes to update the information in his registered account in case of any change that has occurred.
8.10 The User is not allowed to modify, copy, duplicate, and create derivative or customized, separate or entire parts of the website.
8.11 The User is not allowed to provide to any third party in any manner and in any form, for any commercial or non-commercial purpose, any content, information, know-how or technology that is derived in part or in whole from the website.
8.12 The User is not allowed to publish, send or otherwise make computer viruses or the like.
8.13 The User is not allowed to disable and/or upset the full or partial functionality of the website as well as the services offered on the website.
8.14 The User is not allowed to generate excessive web traffic or to overload website traffic.
8.15 The User is not allowed to disrupt the operation of networks or servers that are related to the Services and may not interfere with the provision of services.
8.16 The User shall not attempt to gain unauthorized access to any part of the website or to the servers maintained and owned by the Provider.
8.17 The User undertakes to keep secret of his/her e-mail address; username and password for accessing of his/her registered account, unless he deliberately and with his permission grants access to third parties (programmer; designer).
8.18 If the User grants access to a third party the User shall assume all the responsibility of the third party’s actions.
8.19The User shall immediately notify the Provider of any unauthorized use of the username and password.
8.20 The User is not entitled to use the Provider's trademark. The User is responsible for any actions he/she has done in connection with the use of the website.
8.21 The User is not allowed to send "spam", "junk mail", "chain letter" or any unsolicited commercial messages nor run any memory or processor intensive programs.
8.22 The User undertakes not to use his selected hosting plan for illegal purposes, and not to offer prohibited goods and services.
8.23The User is not allowed to publish content on the website that infringes the Intellectual Property Rights (trademarks, copyright, trade secrets, patents, industrial designs, or other proprietary rights) of the Provider or third parties.
8.24 The User is not allowed to publish content on the website in any form (image, text, etc.) that is vulgar, threatening, abusive, obscene, or violates the duty of good faith.
8.25 The User is not allowed to publish content on the website in any form (image, text, etc.) which encourages behavior that would constitute a crime, give rise to civil liability or otherwise infringe any law.
8.26 The User is not allowed to publish content on the website that contains confidential information.
8.27The User is not allowed to publish content on the websitethat will create any liability for the Provider.
8.28A User who has published content on the Website grants the Provider a non-exclusive, royalty-free, worldwide, non-revocable license to record, use, delete, make publicly available and distribute on the Internet those content by the User to the whole world without compensation to the User under any circumstances.
8.29 The User shall not lease, rent, sublicense, duplicate, share, lend, sell, give away, distribute, offer, assign or transfer in any way the website to any third party, in whole or in part, in any form, whether modified or unmodified.
8.30 The User shall not alter, modify, convert, translate, or in any other way change the website in any manner.
8.31 The User shall not create any adaptation, customization, variant of the website, or other property of the Provider.
The User shall not install cracked, nulled or illegal software on the servers of the Provider.
8.32 The User shall not use the website in an immoral or defamatory context, or in a way that can be thought illegal, offensive, or derogatory.
8.33 The User shall not use the website in a way that violates any third party's intellectual property rights and any applicable law or regulation of any country, state, or other governmental entity.
8.34 The User shall not misleadingly represent that the website or any part of it was created by the User or a person other than the Provider.
8.35 The User shall make all payment in connection with the ordered subscription plan, even though the User uses the services for or on behalf of Users’ customers for creating or managing client websites.
8.36 The User shall not use the services in a way that results in a harmful activity (for example: creation of application-generated files or large system-generated) to the performance of disk space resources. In such cases, the Provider has the right to take an action (limiting User’s use of the services and/or removal of system/application-generated files) in order to protect the stability of the services provided.
8.37 The User shall not use the selected service in a way that exceeds the characteristics described in the selected plan. In such cases the Provider may offer the User to be moved to another plan. In case the User refuses to be moved to a suitable plan, the Provider shall have the right to restrict using the services and/or limit or block User’s access to its registered account.
8.38 The User has the right to receive a newsletter by the Provider only of the User has chosen to provided a consent for receipt of such newsletters.
8.39 The Provider has the right to send system/platform messages (email, text/sms, push notifications) to notify the User about platform changes, user activity, account expiration or payment related notifications.
X. PROHIBITIONS FOR USING THE WEBSITE AND/OR SERVICES
9.1 Users are obliged to use the website legally and in good faith.
9.2 Users cannot use the website for:
- publishing content that is contrary to public moral and moral rules (such as discriminatory sexual content, symbols of fascism, and the like), as well as content that violates someone else's intellectual property rights.
- distributing computer files essentially representing viruses or such files that could harm the computer devices.
- publishing and distributing pornographic or other content prohibited by law.
9.3 The Provider provides the opportunity to Users to upload, store, share, or otherwise transmit materials, data, information, code, software and/or any other content (“the content”) to or through the selected services provided by the Provider for the purpose of developing, managing, and operating your Users’ websites and websites of Users’ clients.
- The User shall obtain and maintain any permissions in connection with the content as required by applicable law or regulation. Each User is fully responsible for such content (its creation, writing, editing, testing, auditing, modification, optimization, etc.) and the Provider does not warrant and guarantee the security of such content. The User is responsible for migration of the content to a new hosting provider in case the User has chosen to change the hosting provider.
- The Provider is not obliged to monitor such content in any way. The Provider has the right at its sole discretion to remove or refuse to display any content, which is in violation of these Terms of service.
- Users represent and warrant that the content does not infringe any intellectual property right or proprietary right, such as patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right.
- Users represent and warrant that the content is not false, misleading, defamatory, fraudulent, deceptive, vulgar, pornographic, or otherwise obscene.
- Users represent and warrant that the content does not include adult-themed products and/or services.
- Users represent and warrant that the content does not promote discrimination, violence, or harm against any individual or group.
XI. RIGHTS AND OBLIGATIONS OF THE PROVIDER
10.1 The Provider may at any time make changes to the website at its sole discretion, without obligation to notify.
10.2 The Provider may at any time update, modify, expand, add or remove services on the website.
10.3 The Provider may at any time make changes in the prices of the subscription plans. The Provider shall inform Users about changes in the prices. If the User does not agree with the changes made in the prices of the subscription plans by the Provider, the User has the right to cancel the services without paying the changed price, but the Provider is not obliged to refund the already paid fees.
10.4 The Provider has the right to delete profiles, files, and database(s) associated with the free plan, if the profile has not been used for more than 1 month. The Provider logs and checks the date and time the User has last logged into the platform.
10.5 The Provider may at any time make changes to the description and prices of the services offered.
10.6 The Provider has the right to cancel unconfirmed orders for paid subscription plans.
10.7 The Provider has the right to remove inactive accounts.
10.8 The Provider is entitled to temporarily suspend or terminate the provision of a service in case of violation and/or suspicion of breach of these Terms of service or in case of unfair behavior and/or suspicion of unfair behavior of the User.
10.9 The Provider has the right to perform preventive maintenance to the website by temporarily suspending access to the website, respectively the services provided by the Provider.
10.10 The Provider has the right to restrict the User's access to the selected services in full or in part, in case the User does not re-pay the paid subscription plan after the expiration of the latter.
10.11 The Provider, after receiving payment is obliged to provide the selected service to the respective User.
10.12 The Provider undertakes to restore access to this website as soon as the successful completion of preventive maintenance.
10.13 The Provider undertakes to provide the User in full with the functionality, according to the announced information about the actual subscription plan on this website at the date of purchase of the respective plan.
10.14 The Provider has the right to remotely access and make changes to the User’s profile, files and database(s) at any time for troubleshooting, technical support, audit or administrative reasons.
10.15 After the expiry or termination of the agreement between the Provider and the User, the Provider will not provide a technical and contractual access to the information provided or generated by the User.
XII. RESTRICTION, SUSPENSION AND TERMINATION
11.1 The Provider has the right to terminate the registered User's account in the following cases:
- if the account has not been used for a long period of time (more than one year);
- at any time upon request by the User by e-mail;
- in case of infringement of someone else's intellectual property, including trademarks, by the User;
- in other cases at Provider's reasonable discretion, after prior notice.
- if disposable email provider has been used
11.2 The Provider has the right to restrict or block User’s access to its registered account in the following cases:
- If the User does not pay for the subscription plan;
- When the User performs actions that violate the reputation of the website;
- In case of actions that violate the security and functioning of the website;
- In case of violation of the Provider's intellectual property rights;
- On receipt of an order from a competent state authority.
- If disposable email provider has been used
11.3 The Provider has the right to refuse the creation of a new account of a User, whose account/online store has been deleted or blocked.
11.4 If the Provider decides to restrict or block the User’s access to its registered account; the Provider shall provide the User concerned, prior to or at the time of the restriction or termination taking effect, with a statement of reasons for that decision via email, text/sms or via system notice within the application itself.
11.5 If the Provider decides to terminate the services provided to the User, the Provider shall provide the User concerned, at least 30 days prior to the termination taking effect, with a statement of reasons for that decision via email, text/sms or via system notice within the application itself.
11.6 In the case of restriction, blocking or termination, the Provider shall give the User the opportunity to clarify the facts and circumstances in the framework of the internal complaint-handling process, which process is described in detail in Article 11.8 of these Terms of service.
11.7 The notice period in Article 11.5 shall not apply where the Provider:
- is subject to a legal or regulatory obligation which requires it to terminate the provision of the whole of its services to a given User in a manner which does not allow it to respect that notice period; or
- exercises a right of termination under an imperative reason pursuant to national law which is in compliance with Union law;
- can demonstrate that the User concerned has repeatedly infringed the applicable terms and conditions, resulting in the termination of the provision of the whole of the services in question.
11.8 Internal complaint-handling process: The User exercises right to clarify the facts and circumstances for restriction, blocking or termination of User’s account (provision of the services by the Provider) by submitting a written request to the Provider by e-mail, ticket form or contact form which request shall contain the following information:
1. the name, address, and other data necessary for identifying the respective User;
2. a description of the request;
3. date of submission of the request and e-mail address.
The request shall be filed by the User. The Provider keeps the requests filed by Users in a separate register.
The Provider considers the request and provides the information on action taken on the request of the User within one months of receipt of the request. This period may be extended by one further month where necessary, taking into account the complexity and number of the requests.
The Provider informs the User of any such extension within one month of receipt of the request, together with the reasons for the delay.
In case the Provider does not take action on the request of the User, the Provider informs the User without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a judicial authority and seeking a judicial remedy.
Where the restriction, blocking or termination is revoked by the Provider, it shall reinstate the User without undue delay, including providing the User with any access to personal or other data, or both, that resulted from its use of the relevant services prior to the restriction, suspension or termination having taken effect.
XIII. ACCESS TO DATA
12.1 This section of the Terms of service provides information about a description of the technical and contractual access of Users to any personal data or other data, or both, which Users or consumers provide for the use of the services concerned or which are generated through the provision of those services.
12.2 The Provider has access to personal data or other data, or both, which Users provide for the use of the services provided by the Provider or which are generated through the provision of those services. Such data may include data about the identification of the User, as well as any data included by the User in the registered profile and any information regarding the developed by the User website and all the information contained on the website that is developed by the User. The Provider does not provide an access to such data and information to any third parties.
12.3 The User has access to personal data or other data, or both, provided by the User in connection to the User’s use of the services concerned or generated through the provision of those services to that the User and the customers of the User’s goods or services. Such data may include data about the identification of the User, as well as any data included by the User in the registered profile and any information regarding the developed by the User website and all the information contained on the website that is developed by the User as well as all information related to customers of the User that is included. The Provider does not provide an access to such data and information to any third parties. Only the Provider and the User have access to such data and information.
12.4 The User does not have access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the services to all of the Users and consumers thereof.
12.5 The data under Article 12.2 is not provided to third parties.
XIV. PERSONAL DATA PROTECTION
14.1 The User shall indemnify and hold the Provider, its affiliates, subsidiaries, service providers, licensors, directors, and its employees harmless from and against all liabilities, damages, costs, legal fees, losses, as well as other expenses in relation to any claims and/or actions brought against the Provider arising out of any breach by the User of these Terms of service or other liabilities arising out of User's use of the website and/or its functionalities.
XVI. EXEMPTION FROM LIABILITY
Disclaimer of Warranties:
15.1 The Provider warrants and represents that the website offered by the Provider does not infringe any other intellectual property right. The Provider shall retain all right, title, and interest, including all intellectual property rights, on the website. The User agrees that the use of the website and the services provided by the Provider is at User’s sole risk as to satisfactory quality performance, accuracy, and effort. Except as otherwise set forth in these Terms of service, all the services are provided on an "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS" basis. The Provider makes no warranties regarding the function or use of the website and the services, whether express, implied, or statutory, including without limitation, any implied warranties of merchantability or adequacy for any specific purpose. The website has not been produced in circumstances that could result in environmental damage. The User bears the whole risk for the quality, performance, and use of the website and the services provided by the Provider. The Provider does not guarantee that the services and the functions included in the website will meet User’s expectations or that the operation of the website will be uninterrupted or error-free or that the website is without defects.
Disclaimer of Liability:
16.1 The Provider does not in any way give any guarantee that the website and its services will be available at any time and from anywhere in the world. The Provider does not guarantee that the website will remain unchanged and will be maintained indefinitely over time.
16.2 The information on this website could include technical inaccuracies or errors although the Provider uses reasonable efforts to keep all the information on this website up to date. The Provider takes the necessary steps to ensure that the Users have an uninterrupted access to the website and also maintains the website and services with the care of the good merchant for the purpose of providing services to Users with good faith.The Provider has the right to make changes and improvements to this website at any time without notice.The Provider assumes no liability or responsibility for any damages or losses incurred for the Users as a result of the use of this website and the information from this website.
16.3 The responsibility for the use of this website is entirely for the User as he/she operates and exploits its capabilities. The Provider assumes no liability or responsibility for any damages and adverse consequences associated with the use of this website and/or the selected services, including in the event of material damage to the relevant technical device of the User.
16.4 The Provider shall not be held liable for acts performed by Users in violation of these Terms of service. The Provider shall not be held liable for damages that are caused by false, misleading, inaccurate information provided by the Users of the website.
16.5 The Provider shall not be held liable for any damages resulting from a User's fault, computer virus, omission, interruption or problem in the system itself, supporting the integrity and structure of this website.
16.6 The Provider does not guarantee that the services and content posted on the website will meet the User's expectations. In the event of any doubt as to the quality of any service or content posted on the website, the User should not use the website. If, in spite of these doubts, the User continues to use the website and/or the selected services, the responsibility, together with all the consequences for that, lies with the User.
16.7 The Provider shall not be held liable for the business activities of the Users.
16.8 The Provider shall not be held liable to third parties who have been damaged as a result of the User's business activity.
16.9 The Provider shall not be held liable for any damages to the User as a result of using/not using the website and/or the services provided by the Provider.
16.10 The Provider shall not be held liable for granting access to the respective profile to a falsely legitimate third party who may, under the circumstances, be considered to be the specific User or person associated with the latter. In this case, any change of information, respectively loss of information and data is at the expense of the User.
16.11 The Provider shall not be held liable for the compliance of the website with all existing operating systems, Internet browsers, mobile media and technologies on the Internet.
16.12 To the maximum extent permitted by applicable law, in no event should Provider be liable to the User or any other party for any incidental, special, consequential, or indirect damages, including but not limited to:
Any loss or damage that may result from User’s inability to use or access the website and/or the services;
Any loss or damage that may result from any modifications, changes, and adjustments which Provider might make to the website and/or the services;
Any loss or damage that may result from any momentary or constant suspension or cessation of access to the website and/or the services from any or all countries;
Any loss or damage that may result from any imperfection or defect of the website and/or the services;
Any loss or damage that may result from any errors or omissions in the website;
Any loss or damage that may result from Provider’s failure to provide correct information to User;
Any loss or damage to any device software and hardware as well as any loss of information;
Any other kind of loss or damage including lost data, lost profits, lost savings, lost business opportunities, loss of goodwill, business interruption, work stoppage, computer failure, malfunction, or damage, any claim brought by the third party.
16.13 The User undertakes to notify the Provider in case of any claim or cause of action associated with the User’s use of the website.
16.14 The User agrees that in all cases the liability of the Provider will be limited to three times the value of the respective subscription plan chosen by the User, and in case the latter has chosen the free subscription plan, then the liability of the Provider cannot exceed three times the value of the second largest subscription plan.
XVII. TERMINATION OF SERVICES
17.1 The hosting service, which is part of the free subscription plan is terminated in the following cases:
- by removing the account by the respective User;
-by deleting the respective profile, files, database(s) of the User by the Provider if the User has not used it for more than 1 month;
- by deleting the respective profile, files, database(s) of the User in case the User has violated these Terms of service or in violation of the current Canadian legislation;
- upon termination or bankruptcy of the User or the Provider;
- if there is objective impossibility of performance on the side of the Provider to maintain the website.
17.2 The hosting service, which is part of a paid subscription plan, is terminated in the following cases:
- with the expiry of the relevant subscription plan and the User does not renew the subscription;
- by mutual written agreement between the User and the Provider;
- upon termination or bankruptcy of the User or the Provider;
- in case of objective impossibility of performance of obligations of the Provider or the User;
- in the event of unilateral termination without notice by the Provider, in case the User has violated these Terms of service or in violation of the current Canadian legislation;
- upon unilateral termination by the User, preceded by 30 days notice.
XVIII. LINKS TO THIRD PARTY WEBSITES
18.1 The website of the Provider contains links to websites maintained by third parties ("Third Party Websites") such as „Facebook“ button, „Twitter” button, “LinkedIn” button, “Evernote” button, “Buffer” button, etc. All third party websites accessible through this website are independent and the Provider assumes no responsibility for damages and losses incurred by Users as a result of the use of these websites. The Provider is not responsible for the content on the Third Party Websites, and also for the presence of viruses or other harmful components on these websites.
XIX. INTELLECTUAL PROPERTY RIGHTS. LIMITATIONS OF USE
19.1 The Provider is the exclusive proprietor of the website and the design embodied within the website and owns all right, title, and interest in and to the website and the design embodied, together with its organization, structure, code, data, text, related files, and software that is available to be accessed and/or downloaded from the website. The website and design embodied within the website are protected by copyright, design, and other intellectual property laws. Any use of the website as well as its organization, structure, code, and related files not expressly permitted by these Terms of service constitutes an infringement on intellectual and industrial property rights.
19.2 Use of Provider's trademark without his consent is a violation of the law. Nothing in these Terms of service shall be construed as а permission to grant the right to use the posted on the website trademark. Users are forbidden to make any changes to the trademark of the Provider.
19.3 Тhe content of the website of the Provider may only be used by Users of the website for personal, non-commercial use and shall not be modified in any way.
19.4 The use of the information contained in this website for commercial purposes, in any form (copying, modifying, downloading, selling, creating derivative works, reproducing, distributing, publishing, retransmission, etc.) is strictly prohibited. Users assume all liability from the use of the content of the website in violation of the rights of the Provider and the User is entitled to full compensation for the damage caused by the User.
19.5 Reproduction of the content of the website or any part of it is done only with the written consent of the Provider.
19.6 Retrieving information from database resources located on the Provider's website and subsequently creating the User's own database in electronic or other forms will be considered a violation.
19.7 In the event the User copies, prints, or transmits any part of the website in breach of these Terms of service the User shall immediately cease using the website and return, or destroy any copies of the materials made.
XX. COMPLAINTS AND DISPUTE RESOLUTION
20.2 The Provider shall respond within 5 (five) business days to the complaint addressed to him to the e-mail from which the complaint has been sent.
20.3 The Provider maintains a special register containing all complaints, respectively the answers to them, keeping the data for a period of 6 months.
20.4 Any disputes between the Provider and the User arising out of these Terms of service and the individual agreement shall be settled amicably by the parties. If the dispute cannot be resolved amicably, it shall be referred to a competent court in Toronto, Canada.
XXI. TRANSFER OF RIGHTS PROHIBITED
21.1 The User is forbidden to assign in any way the rights and obligations under these Terms of service to any third party without Provider’s prior written permission. The User is forbidden to lease, rent, sublicense, lend, give, further distribute or transfer in any way the rights and obligations under these Terms of service to any third party without Provider’s prior written permission.
21.2 Any assignment and transfer in violation of these Terms of service shall be considered invalid, void, or unenforceable.
XXII. FINAL PROVISIONS
22.1 Should one or more provisions of these Terms of service be found to be invalid, void, or unenforceable, such provision(s) shall be deemed severable from the remainder of these Terms of service and shall not affect the validity and/or enforceability of the remaining provisions of these Terms of service, which will remain in full force and effect.
Relationship of the Parties:
22.2 Neither party is, nor shall either party represent itself as, an agent, employee, representative, or partner of the other party. Neither party shall have any right, power, or authority to enter into any agreement for or on behalf of the other party, to incur any obligation or liability or otherwise bind the other party. These Terms of service are not intended to create any agency, partnership, association, or joint venture between the parties, or to impose any partnership liability upon either. Additionally, no party has the right to bind the other party, in any manner whatsoever, and to any other person, except in accordance with the provisions of these Terms of service.
22.3 The expiration or termination of these Terms of service will not destroy or diminish the binding force and effect of any of the provisions of these Terms of service that expressly, or by reasonable implication, come into or continue in effect on or after such expiration or termination.
22.4 User shall defend, indemnify and hold harmless Provider, including its branches, successors, subsidiaries, as well as their directors, employees, shareholders, and agents against any and all losses, damages, claims, expenses, and costs of any kind arising from any use of the website other than the uses expressly permitted by these Terms of service. If litigation is initiated and the competent court determines that the User has breached these Terms of service, such party shall be liable and obliged to pay to the Provider the legal fees incurred by the Provider in connection with the litigation, including any appeals therefrom.
22.5 All communications and notifications between the Provider and the User will be deemed to be valid if they are sent in writing.
22.6 These Terms of service constitute the entire agreement between the parties with respect to the use of the website and the services provided by the Provider and supersedes all prior or contemporaneous oral or written agreements concerning the same. No amendment or modification to these Terms of service will be valid unless in writing and signed by both parties.
Updates and upgrades:
22.7 Тhe Provider has the right to update these Terms of service at any time in the future. When this happens, the revised Terms of service will be posted on this website with a new "Last Updated" at the top of these Terms of service and will be in force from the date of publication. It is therefore advisable to periodically check these Terms of service to make sure that you are familiar with any changes. Also, the Provider will publish a notice on the website and/or send a notice about the changed Terms of service to all Users with registered profile, to the specified e-mail address, in which case the changed Terms of service shall enter into force after 30 days from the date of sending the e-mail containing the notice. Users have the right to terminate the agreement with the Provider before the expiry of the notice period. Such termination shall take effect within 15 days from the receipt of the notice. The business user concerned may, either by means of a written statement or a clear affirmative action, waive the notice period referred to in the second subparagraph at any moment from the receipt of the notice pursuant to the first subparagraph. During the notice period of 30 days, requesting new services by the Provider shall be considered clear affirmative action to waive the notice period. The Provider shall not impose retroactive changes to the Terms of service, except when they are required to respect a legal or regulatory obligation or when the retroactive changes are beneficial for the Users.
22.8 If you have additional questions about these Terms of service, please do not hesitate to contact the Provider at: email@example.com.