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Last updated: February 5th, 2020
Please read the following Terms of Service ("Terms", "Terms of Service”, “Agreement”, “SaaS Terms”) carefully before using the https://www.readycms.io/ website (the "Service") operated by ReadyCMS ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. If you, any entity you may represent, and any affiliate or such entity, (collectively, “Customer”) do not agree to these terms, do not use ReadyCMS service in any manner. These Terms apply to any person or persons who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. This Agreement is entered into as of the date you accept these terms (“Effective date”) or use the application services.
1.1. In this Agreement:
“Application Services, Platform” means any part of the ReadyCMS as a product, service, application, website.
"Account" means an account enabling a person to access and use the ReadyCMS application, including both administrator, customer accounts and user accounts;
“Authorized User” is every user account authorised to use the ReadyCMS application. Authorized user is Customer, administrator of another account type.
“Customer” (Person or a Company) that has an active subscription plan. Customer may allow its Authorized Users to access and use ReadyCMS application, provided it shall be responsible for its Authorized Users in compliance with Customer’s obligations under the terms of the Agreement.
"Business Day" means any weekday from Monday to Friday other than a national public holidays;
"Business Hours" means the hours of [09:00 to 17:00 GMT/BST] on a Business Day;
"Charges" means any amount the Customer paid for using Application Services.
"Customer Confidential Information" means all information, including, but not limited to, business, technical or financial data concerning the Customer.
"Customer Data" means all data, works and materials, uploaded to or stored on the Platform by the Customer, transmitted by the Platform at the instigation of the Customer, supplied by the Customer to the Provider for uploading to, transmission by or storage on the Platform, or generated by the Platform as a result of the use of the Hosted Services by the Customer (but excluding analytics data relating to the use of the Platform and server log files);
"Customer Personal Data" means any Personal Data that is processed by the Provider on behalf of the Customer in relation to this Agreement][, but excluding [data] with respect to which the Provider is a data controller];
"Data Protection Laws" means [all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to Customer Personal Data, the General Data Protection Regulation (Regulation (EU) 2016/679)];
"Documentation" means [the documentation for the Hosted Services produced by the Provider and delivered or made available by the Provider to the Customer];
"Effective Date" means the date you accept these terms or use ReadyCMS service;
"Force Majeure Event" means [an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars]);
"Hosted Services" means [name of hosted services][, as specified [in the Hosted Services Specification],] which will be made available by the Provider to the Customer as a service via the internet in accordance with this Agreement;
"Hosted Services Defect" means a defect, error or bug in the Platform having [an adverse effect] OR [a material adverse effect] on [ the appearance, operation, functionality or performance] of the Hosted Services[, but excluding any defect, error or bug caused by or arising as a result of:
(a) [any act or omission of the Customer or any person authorised by the Customer to use the Platform or Hosted Services];
(b) [any use of the Platform or Hosted Services contrary to the Documentation, whether by the Customer or by any person authorised by the Customer];
(c) [a failure of the Customer to perform or observe any of its obligations in this Agreement]; and/or
(d) [an incompatibility between the Platform or Hosted Services and any other system, network, application, program, hardware or software not specified as compatible in the Hosted Services Specification];]
"Hosted Services Specification" means the specification for the Platform and Hosted Services set out in [Part 1 of Schedule 1 (Hosted Services particulars) and in the Documentation];
"Intellectual Property Rights" means [all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs)];
"Maintenance Services" means the general maintenance of the Platform and Hosted Services, and the application of Updates and Upgrades;
"Mobile App" means the mobile application known as [mobile application name] that is made available by the Provider through [the Google Play Store and the Apple App Store];
"Personal Data" [has the meaning given to it in the Data Protection Laws][ applicable in [the United Kingdom] from time to time];
"Platform" means [the platform managed by the Provider and used by the Provider to provide the Hosted Services][, including [the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and server software is installed]];
"Schedule" means any schedule attached to the main body of this Agreement;
"Services" means [any services that the Provider provides to the Customer, or has an obligation to provide to the Customer, under this Agreement];
"Support Services" means support in relation to [the use of, and the identification and resolution of errors in, the Hosted Services, but shall not include the provision of training services];
"Supported Web Browser" means the current release from time to time of Microsoft Edge, Mozilla Firefox, Google Chrome or Apple Safari, or any other web browser that the Provider agrees in writing shall be supported
"Term" means the term of this Agreement, commencing in accordance with Clause 3.1 and ending in accordance with Clause 3.2
"Update" means [a hotfix, patch or minor version update to any Platform software]; and
"Upgrade" means a major version upgrade of any Platform software.
“Data Point” is a JSON object delivered as a part of the service through the API service.
“Billing Cycle” is recurrent and periodic cycles when a Customer is billed, depending on the type of subscription plan they selected when purchasing a Subscription. Billing cycles can be either monthly or annual.
“Subscription Centre” is a part of the ReadyCMS Application that hosts and controls your subscription plans. The Subscription Centre provides information about Subscription, Invoices, Billing data etc.
“Subscription Plan” is an offer, options for Clients to choose when subscribing to the Application Services.
“Volume tiers” or Power Ups are additional features or options presented with each subscription plan as an addon or extension.
“Creative Brackets AB” is a company that developed ReadyCMS and thereby, legally represents the ReadyCMS as a product, as a service, “Application Service(s)”.
“ReadyCMS” is a product of a Creative Brackets AB company and hereby is named as “Service”, “Application Service(s)”.
Application Services are provided through Subscription Plans that are billed on a subscription basis (“Subscription(s)”) depending on the type of the subscription.
2.1. Free Trial
Subscription Plan may have a free trial period during which the Customer is not billed for and may use the Application Services within the limitations of the Active Subscription Plan. You are required to enter your billing information in order to sign up for the Free Trial but you will not be charged until the Free Trial Period is expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be billed automatically and your subscription will continue with the Subscription Plan you have selected.
If you choose to cancel the Subscription before the Trial Period expires, you will not be billed and your account will be deleted according to the section 2.6. Termination.
2.2. Free Subscription Plans
ReadyCMS may, at its sole discretion, offer Subscription Plan for no fees. Free Subscription Plan may have limited features, functionality, and volume tiers for the Application Services.
2.3. Paid Services
A valid payment method, including credit card, is required to process the payment for Paid Subscription Plans. By submitting such payment information, you automatically authorize ReadyCMS (which services are provided by ReadyCMS) to charge all Subscription fees incurred through your account to any such payment instruments.
At the end of each Billing Cycle, your Subscription will automatically renew unless it is canceled.
You or any Authorized User may cancel Subscription in the Application’s Subscription Centre or by contacting ReadyCMS customer support team.
During your active Subscription, should automatic billing fail to occur for any reason, ReadyCMS will issue an electronic invoice to Client’s Email indicating that you can proceed with the payment manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If you choose not to proceed with the manual payment, Application will try to charge you 4 times within 2 weeks. If automatic billing failed to charge you after 30 days, your Subscription Plan will be canceled automatically.
You will be notified by email regarding upcoming renewals, expiring cards, every time we fail to charge your credit card.
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 Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
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.
Upon cessation or termination of ReadyCMS’s relationship with Customer, ReadyCMS has no obligation to maintain or provide any Customer Content and will promptly delete or destroy Customer Content no longer in active use unless prohibited by law.
In the event Customer’s use of the Application Services exceeds the Subscription Plan limit purchased by Customer, ReadyCMS will include additional fees (“Overage Fees”) at 120% of the unit price applicable to Customer’s selected Subscription Plan Limit and the Customer shall be obligated to pay any Overage Fees in the next month.
Certain refund requests for Subscriptions may be considered on a case-by-case basis and granted in sole discretion of ReadyCMS and the Customer.
Fees do not include any local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, use or withholding taxes (collectively, “Taxes”). Customer is responsible for payment of all Taxes associated with its purchases hereunder (excluding taxes based on ReadyCMS’s net income or property), and any related penalties and interest. Customer will make all required payments to ReadyCMS free and clear of, and without reduction for, any withholding taxes. Customer will, upon ReadyCMS’s request, provide ReadyCMS with official receipts issued by appropriate taxing authorities, or such other evidence as ReadyCMS may reasonably request, to establish that such Taxes have been paid.
2.10. Changes and/or modifications
ReadyCMS withhold the right to modify Subscription Plans at any time in its sole discretion or even discontinue them entirely without prior notice to Customer. ReadyCMS may modify the pricing of its services at any time and add new services or pricing plans for additional fees and charges, or amend fees and charges for existing services, at any time and in its sole discretion without prior notice to Customer.
Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Application Services allows you to add, edit, remove, 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 Service, including its legality, reliability, and appropriateness.
By adding Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service as a part of you Subscription. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
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 Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
3.1. Unlawful Content
3.1.1. Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
3.1.2. Content[, and the use of Content by us in any manner licensed or otherwise authorised by you,] must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) constitute a breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) constitute a breach of official secrets legislation; or
(k) constitute a breach of any contractual obligation owed to any person.
3.1.3. You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
3.2. Graphic material
3.2.1 Content must be appropriate for all persons who have access to or are likely to access the Content in question, and in particular for children, over 18 years of age.
3.2.2. Content must not depict violence in an explicit, graphic or gratuitous manner.
3.2.3. Content must not be pornographic or sexually explicit.
3.3. Factual accuracy
3.3.1. Content must not be untrue, false, inaccurate or misleading.
3.3.2. Statements of fact contained in Content and relating to persons (legal or natural) must be true and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
3.4. Negligent advice
3.4.1. Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services if you are not qualified for the mentioned services.
3.4.2. Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
3.5.1. Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
3.5.2. Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
3.5.3. Content must not be liable to cause annoyance, inconvenience or needless anxiety.
3.5.4. You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
3.5.5. You must not use the Services for the purpose of deliberately upsetting or offending others.
3.5.6. You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
3.5.7. You must ensure that Content does not duplicate other content available through the Services.
3.5.8. You must ensure that Content is appropriately categorised.
3.5.9. You should use appropriate and informative titles for all Content.
3.5.10. You must at all times be courteous and polite to other users of the Services.
3.6. Marketing and spam
3.6.1. Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
3.6.2. You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
3.6.3. You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
3.6.4. You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.
3.7. Regulated businesses
3.7.1. You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
3.7.2. You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.
3.7.3. You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.
You acknowledge that we may actively monitor the Content and the use of the Services to make sure the Terms of service are fulfilled.
3.8.1. End Users
Some Application Services features allows Customer to learn how a user of Customer’s mobile applications, mobile websites, web connected devices or web properties with which Customer has integrated the Application Services (“End Users”) use Customer’s mobile applications, mobile websites, web connected devices or web properties.
ReadyCMS may use some Client’s data as a part of analytics to gather information that can help ReadyCMS understand how Application Services are used in order to improve the Application Service.
3.9. Data mining
3.9.1. You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
3.10.1. You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
3.11. Harmful software
3.11.1. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
3.11.2. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.
4. Responsibilities as a Client
4.1. When you start your Subscription, you must provide us 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 Service.
4.2. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service 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.
4.3. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.
4.4. You must not use the Application Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
4.5. You must not use the Services in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
4.6. Customer agrees to comply with all applicable privacy, data protection, and consumer protection laws and regulations in connection with Customer’s use of the Application Services, including without limitation requirements of proper notice and consent to send Personal Information to the Application Services and compliance with the General Data Protection Regulation.
5. Customer Content Rights
ReadyCMS does not sell, lease, rent or otherwise share for consideration Customer Content. ReadyCMS will share Customer Content only under the following circumstances:
(i) With selected service providers who perform work on ReadyCMS’s behalf to provide the Application Services;
(ii) To the extent needed to comply with laws or to respond to lawful requests and legal processes (provided that ReadyCMS will endeavor to notify Customer if ReadyCMS has received a lawful request for Customer Content);
(iii) To protect the rights and property of ReadyCMS, its agents, other ReadyCMS customers, and others, including, but not limited to, enforcing ReadyCMS’s agreements, policies, and this Agreement;
(iv) In an emergency, including to protect ReadyCMS’s information security or the personal safety of any person;
(v) In connection with a sale or transfer of all or a part of ReadyCMS’s business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture, or bankruptcy transaction or proceeding); or
(vi) As directed by Customer, including through its use of the Application Services.
ReadyCMS stores, uses and accesses Customer Content for the limited purposes of:
(a) performing ReadyCMS’s obligations under this Agreement and any applicable Order Form;
(b) responding to service issues and requests for support;
(c) complying with Customer’s instructions; and
(d) maintaining and improving the Application Services.
ReadyCMS may also use Customer Content in a de-identified and aggregated form (“Aggregated Data”) for ReadyCMS’s own business purposes, including use, duplication, modification, and creation of derivative works regarding usage and performance of Aggregated Data. Aggregated Data does not directly or indirectly identify Customer, End Users, or individual data subjects.
ReadyCMS shall own all right, title and interest to the Aggregated Data and any derivative works thereof.
6. General usage rules
6.1. You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
6.2. You must not use the Services:
in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
6.3. You must ensure that all Content complies with the provisions of this Policy.
ReadyCMS will maintain appropriate physical, technical and organizational controls designed to safeguard Customer Content within its cloud storage from unauthorized access, use or disclosure. These will include measures designed to store Customer Content on servers located in a physically secured location; and the use of firewalls, access controls and similar security technologies designed to protect Customer Content from unauthorized disclosure. ReadyCMS takes no responsibility and assumes no liability for any Customer Content other than its express security obligations in this section.
7.1. Password Security
Certain parts of the Application Services, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If Customer is authorized to gain access to any Password-Protected Areas, Customer agrees that Customer is entirely responsible for maintaining the confidentiality of Customer’s password, and agrees to notify ReadyCMS if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. Customer agrees that Customer is entirely responsible for any and all activities that occur under Customer’s account, whether or not Customer undertakes such activities. Customer agrees to immediately notify ReadyCMS of any unauthorized use of Customer’s account or any other breach of security in relation to Customer’s password or the Application Services that is known to Customer.
If Customer or its Authorized Users provide ReadyCMS any suggestions, recommendations, or other feedback relating to ReadyCMS’s current or future products, features, plugins or services, including Beta Services (“Feedback”), ReadyCMS shall have the right to use the Feedback in any manner, including, but not limited to future enhancements and modifications to the Application Services. Customer hereby grants to ReadyCMS and its assigns a perpetual, worldwide, fully transferable, sublicensable, fully paid-up, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner and for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to Customer or any third party. In addition, ReadyCMS shall be free to reuse all general knowledge, experience, know-how, works and technologies (including ideas, concepts, processes and techniques) related to or acquired during provision of the Application Services and Professional Services.
9.1. Scheduled maintenance
ReadyCMS may perform maintenance and temporarily disable some product, feature or other part of the service in order to perform updates, upgrades or security checks. Users will be notified about maintenance schedules on ReadyCMS website.
9.2. Service Availability
ReadyCMS does not guarantee the maintenance or continued function of, and ReadyCMS reserves the right to change, discontinue, delete or deprecate, at any time and at ReadyCMS’s sole discretion, any product feature, support service and any custom report template that may be made available to or accessible by Customer, including through the Application Services.
10. Intellectual Property
The Service and its original content, logo, and any other product or service name or slogan displayed on the Application Services are trademarks of ReadyCMS, (excluding Content provided by users), features and functionality are and will remain the exclusive property of ReadyCMS and its licensors. The Service is protected by copyright, trademark, and other laws of both the Sweden 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 ReadyCMS. Customer shall not use any metatags or any other “hidden text” utilizing “ReadyCMS” or any other name, trademark or product or service name of ReadyCMS without prior written permission. In addition, the look and feel of the Application Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ReadyCMS and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, registered trademarks, product names and company names or logos that appear in the Application Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by ReadyCMS.
When you upload content, you give to ReadyCMS a worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service.
11. 3-rd Party Account Access
Our Service may contain links to third-party web sites or services that are not owned or controlled by ReadyCMS.
ReadyCMS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ReadyCMS 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
ReadyCMS is not responsible or liable, directly or indirectly, for any damage or loss caused to Customer by Customer’s use of or reliance on any Third-Party Services. It is Customer’s responsibility to evaluate the information, opinion, advice, or other services available on and through the Application Services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
During your Subscription you may use some features that requires you to add, store or connect your 3-rd Party Accounts with ReadyCMS service. By doing so, you grant us the right and license, to use, modify, perform, display, reproduce, and distribute the data from those services through the Service as a part of you Subscription.
12. Hosting and Processing
Customer Content is hosted and stored by ReadyCMS or its service providers in Germany or elsewhere as otherwise agreed to by Customer. In providing the Application Services, ReadyCMS or its service providers may process Customer Content, including, without limitation, any associated Personal Information, within the European Economic Area, the United States and in other countries and territories.
13. Support Services
12.1. All Customers with paid subscriptions are eligible for free customer support service during the determined working hours presented on our website.
12.2. Customer Support services are only valid with active subscription plan.
12.3. Customer Service is provided via ticketing system or chat, depending on the available solution at the time Customer is requesting the support.
12.4. Customers with free subscription are also eligible for Support Services but with lesser priority status.
12.5. The Customer may use the Support Services for the purposes of requesting and, where applicable, receiving the Support Services and the Customer must not use the helpdesk for any other purpose.
12.6. Customer Support via telephone hotline is not available currently.
12.7. ReadyCMS shall respond promptly to all requests for Support Services made by the Customer through the ticketing system or chat.
12.8. Provision of the Support Services may be suspended if any amount due to be paid by the Customer is overdue.
You agree to defend, indemnify and hold harmless ReadyCMS (Creative Brackets AB) 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 Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
15. Limitation Of Liability
In no event shall ReadyCMS, 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 Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; 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.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is 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.
ReadyCMS, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will ReadyCMS 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 Service, 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 ReadyCMS or any person for whom ReadyCMS is responsible, and even if ReadyCMS has been advised of the possibility of such loss or damage being incurred.
18. Governing Law
These Terms shall be governed and construed in accordance with the laws of Sweden, 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. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms of service 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 Service 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 service.
If you have any questions about these Terms, please contact us.
Our Office Address:
Creative Brackets AB
SE-41705 Göteborg, Sweden
For any further information please send us an email.