Terms of Service
This Terms of Service (the “Agreement” or the “Terms”), is between you and Deekit Ltd (”Deekit”), 8 Warner Yard, London, EC1R 5EY, United Kingdom. If you are agreeing to this Agreement not as an individual but on behalf of your company, then “Customer” or ”You” means your company, and you are binding your company to this Agreement. Deekit may modify this agreement from time to time, subject to terms in ”Changes” to this agreement” section below.
By clicking on the ”I agree” (or similar button) that is presented to you when using or accessing Deekit services, or at the time of your Order, or by using Deekit services, you indicate your assent to be bound by this Agreement.
1. Scope of the Agreement
2. Types of services
This Agreement governs (a) Deekit’s hosted or cloud-based solutions, (b) Deekit’s downloadable client software products (e.g., desktop or mobile application), and (c ) any related support or maintenance services provided by Deekit, all together referred to as ”Deekit Services” or ”the Services”.
3. Your account
3.1 You may need to register for an account with Deekit in order to access or receive any Deekit Services. Registering with Deekit for an account is done using oAuth via services such as Google, Facebook, and Microsoft. Any registration information that you provide to us must be accurate, current and complete. You must also update your information so that we may send notices, statements, and other information to you by email or through your account. You are responsible for all actions taken through your accounts. Deekit will not be liable for any loss or damage arising from any unauthorized use of your accounts.
We may suspend or terminate your account if it appears to us that you are, or your account has been used in breach of these Terms or any applicable laws. You can close your account with us at any time by deactivating your account through Your Account settings.
3.2 All users should be aware that your Administrative Users may have certain rights to access your account and may obtain related information in connection with the Services. The Administrators also set policies regarding your use of various aspects of the Services, including managing access to particular data. As these rights may vary depending on the account, please see our FAQs for general information about account classifications, and refer to your Administrator if you have questions regarding your particular account such as your account settings. Administrators are solely responsible for informing members of the applicable company policies, obtaining any legally required member consent to such policies, and for ensuring that all uses of the Services comply with applicable federal, state and/or international privacy laws, including but not limited to, the Electronic Communications Privacy Act, 18 U.S.C. § 2510 et seq.
4. Access to services
4.1 Subject to the terms and conditions of this Agreement, Deekit grants you a non-exclusive right to access and use the Deekit Services during the applicable Subscription Term in accordance with this Agreement, your applicable Scope of Use and the Documentation. Any client software offered by Deekit for using of the Services are subject to the terms and conditions of this Agreement. You acknowledge that Deekit Services are on-line, subscription-based products and that we may make changes to the Services from time to time.
4.1 You may only purchase the Services from our ”Site” if you are at least 18 years old. Individuals under the age of 18 are not permitted to use the Site without the consent or supervision of a parent or legal guardian.
4.3 You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by Deekit Ltd in its sole discretion). See Acceptable Use Policy for specific provisions outlining prohibited uses of the Service. Administrative Users shall be responsible for all actions by Members on their team. You shall comply with any codes of conduct, policies, storage limitations, or other notices Deekit Ltd provides you or publishes in connection with the Service from time to time, but if any of those policies materially change the TOS, we will provide you with reasonable notice. You shall promptly notify Deekit if you learn of a security breach related to the Service.
4.4 Any software that may be made available by or on behalf of Deekit in connection with the Service, including Deekit’s mobile and desktop applications, (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Deekit only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved.
5. Your data
”Your Data” means any data, content, images or other materials of any type that you upload, submit or otherwise transmit to or through Deekit Services. You retain all rights, title, and interest in and to Your Data in the form provided to Deekit. Subject to the terms of this Agreement, you hereby grant Deekit a non-exclusive, worldwide, royalty-free right to (a) collect, use, copy, store, transmit, modify and create derivative works of Your Data, in each case solely for providing you with the Services your have chosen consistent with the intended functionality of the Deekit Services and (b) distribute and publicly perform and display Your Data as you (or your authorized users) direct or enable through Deekit Services.
While we take reasonable efforts to guard your Personal Information, no security system is impenetrable and due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. In addition, we cannot guarantee that any passively-collected personal information you choose to include in documents you store on our systems are maintained at levels of protection to meet specific needs or obligations you may have relating to that information. Where data is transferred over the Internet as part of the Deekit Service, the data is encrypted using industry standard Secure Socket Layer (”SSL”). In addition, content that you create while using the Deekit Service is encrypted when stored to our hosting provider.
7. Responsibility for your data
- General – You must ensure that your use of Deekit Services and all Your Data is at all times compliant with our Acceptable Use Policy and all applicable local, state, federal and international laws and regulations (”Laws”). You represent and warrant that: (i) you have obtained all necessary rights, releases and permissions to provide all Your Data to Deekit and to grant the rights granted to Deekit in this Agreement and (ii) Your Data and its transfer to and use by Deekit as authorised by you under this Agreement do not violate any Laws (including without limitation those relating to export control and electronic communications) or rights of any third party, including without limitation any intellectual property rights, rights of privacy, or rights of publicity, and any use, collection and disclosure authorised herein is not inconsistent with the terms of any applicable privacy policies. Other than its security obligations under Security section, Deekit assumes no responsibility or liability for Your Data, and you shall be solely responsible for Your Data and the consequences of using, disclosing, storing, or transmitting it.
- Sensitive data – You will not submit to the Services (i) any personally identifiable information, except as necessary for the establishment of your Deekit account; (ii) any patient, medical or other protected health information regulated by HIPAA or any similar federal or state laws, rules or regulations; or (iii) any other information subject to regulation or protection under specific laws such as the Gramm-Leach-Bliley Act (or related rules or regulations) ((i) through (iii), collectively, ”Sensitive Data”). You also acknowledge that Deekit is not acting as your Business Associate or subcontractor (as such terms are defined and used in HIPAA) and that the Services are not HIPAA compliant. ”HIPAA” means the Health Insurance Portability and Accountability Act, as amended and supplemented. Notwithstanding any other provision to the contrary, Deekit has no liability under this Agreement for Sensitive Data.
- Indemnity of your data – To the extent permitted by law, you agree, at your expense, to indemnify, defend and hold Deekit, its affiliates, officers and employees harmless against any cost, loss, damage, or other liability arising from any third party demand or claim that any content provided by you, or your use of the Services (including all actions taken under your account), in breach of these Terms: (a) infringes a third party’s intellectual property right, including but without limitation a registered patent, registered trademark, or copyright or a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Deekit actions); or, (b) violates applicable law or these Terms. Deekit will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
8.1 To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Deekit in accordance with the terms set forth on the Site (currently, deekit.com/pricing and related pages) and this TOS, and you authorize Deekit or its third-party payment processors to bill your payment instrument in advance on a periodic basis in accordance with such terms.
8.2 If you haven’t cancelled your paid subscription prior to the beginning of a new period, we will automatically charge your credit card at the beginning of the next period.If you think that you’ve been charged inappropriately, please, send an e-mail with the details of your transaction to email@example.com
8.3 Pay attention that you can cancel your paid subscription at any time. Your account will remain at the level for which you have paid until the end of the subscription period. At the beginning of the new period your account will be downgraded.
8.4 If you dispute any charges you must let Deekit know within sixty (60) days after the date that Deekit invoices you. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. Deekit reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.
8.5 You are also obligated to pay all taxes and other charges imposed by any governmental authority, including without limitation any goods or services tax (including VAT), on the Services provided under this Agreement. If you are tax-exempt, you will provide us with an appropriate certificate or other evidence of tax exemption that is satisfactory to us.
9. Warranty and disclaimer
9.1. Due authority
Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.
9.2. Warranty disclaimer
All products are provided “as is”, ad Deekit and its suppliers expressly disclaim any and all warranties and representations of any kind, including any warranty of non-infringement, title, fitness for a particular purpose, functionality, or merchantability, whether express, implied, or statutory. You may have other statutory rights, but the duration of statutorily required warranties, if any, shall be limited to the shortest period permitted by law. Deekit shall not be liable for delays, interruptions, service failures and other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Deekit. To the maximum extent permitted by law, neither Deekit nor any of its third party suppliers makes any representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of any products or any content therein or generated therewith, or that: (a) the use of any products will be secure, timely, uninterrupted or error-free; (b) the products will operate in combination with any other hardware, software, system, or data; (c) the products (or any products, services, information, or other material purchased or obtained by you through the products) will meet your requirements or expectations); (d) any stored data will be accurate or reliable or that any stored data will not be lost or corrupted; (e) errors or defects will be corrected; or (f) the products are free of viruses or other harmful components.
10. Limitation of liability
In no event will Deekit, or its suppliers or licensors, or any individuals associated with those entities, be liable to you with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) loss of profit of, pure economic damage, non-patrimonial damage, as well as other indirect, special, consequential, warning, or punishing damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data. Deekit shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Deekit is committed to constantly improving and enhancing the Services. Deekit reserves the right to modify the Services from time to time without prior notice and explanation. Such modifications may include changes in the touch and feel, rebranding of Deekit Services, adding new services, suspension or termination of a particular service or part or element of the products etc.
12. Amendments of terms
Deekit may amend the Terms from time to time by making them available to you on or through the Services. and indicating the date that it was last modified. It is your responsibility to review those changes. The amendments may be introduced as a result of: (i) a change in the applicable law or its interpretation; (ii) a court decision, administrative act or other legal act requiring the amendment; (iii) the modification or termination of a service or product in the Deekit Services; (iv) introduction of a new service or product in the Deekit Services; (v) complaints and suggestions from users; (vi) new technologies and other innovations emerging from time to time, which allow Deekit to enhance the quality, security and user experience of the Services; (vii) changes in the business model, work organisation or authorisations of Deekit; (ix) other unforeseeable circumstances when amending the Terms is reasonably required.
12.1. Agreement to amendments of terms
If the date on which the Terms were last modified is more recent than the last time you agreed to the Terms, then you must agree with the amended Terms before you continue using the Deekit Services. Your acceptance and continued use of or access to the Deekit Services following the posting of any amendments to the Terms constitutes your binding acceptance of those changes. For any material modifications to the Terms or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms will automatically be effective upon the earlier of (i) your continued use of the Deekit Services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms on or through the Deekit Services.
13. New services
Deekit may also, in the future, offer new services and/or products (including, the release of new tools, services, and resources). Such new products and/or services shall be subject to the terms and conditions of this Agreement.
We reserve the right to temporarily suspend or terminate your access to the Services at any time in our sole discretion, without incurring liability of any kind to you for: (a) your actual or suspected violation of these Terms; (b) your use of the Services in a manner that may cause Deekit to have legal liability or disrupt others’ use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; (f) unplanned technical problems and outages; or (g) if you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of assets, or become the subject of any bankruptcy, reorganisation, liquidation, dissolution or similar proceeding. If, in Deekit’s determination, the suspension might be indefinite and/or Deekit has elected to terminate your access to the Services, Deekit will use commercially reasonable efforts to notify you through the Services. We may also terminate the Contract for any reason by providing you 30 days advance notice.
15. Applicable law
Any questions relating to the Agreement which are not expressly or implicitly settled by the provisions contained in the Agreement shall be governed by and construed in accordance with the English law, without giving effect to any principles of conflicts of law. Any dispute or claim arising out of or in connection with the Service will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
16. Changes to this agreement
We may update or modify this Agreement from time to time, including any referenced policies and other documents. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the billing or technical contact you designate in the applicable Order, posting on our blog, through your Deekit account, or in the Product itself). You may be required to click through the updated Agreement to show your acceptance. If you do not agree to the updated Agreement after it becomes effective, you will no longer have a right to use No-Charge Products.
If you have any questions, comments, complaints or requests related to this Agreement, you can contact us via: firstname.lastname@example.org
Last modified: 2016-11-17