IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Services. If these terms and conditions are considered an offer by Relenta, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old. Relenta reserves the right to change the Agreement without notice. Any new features that enhance the current Service, shall be subject to the Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Agreement at any time at: http://www.relenta.com/tos
To use the Service, you must create a Relenta account (“Account”).
1. To create an Account, you may be required to provide information such as your legal name, email address, business name, address, phone number and credit card.
2. You are responsible for ensuring that any Account information provided is accurate and up to date. Relenta is not responsible for ensuring that communications reach you.
3. You are responsible for creating a secure password and protecting the Account from unauthorized access. Relenta does not have access to your passwords. You must immediately notify Relenta of any unauthorized uses of your Account or any other breaches of security.
4. Relenta will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
5. Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many persons as your Account plan allows.
6. You may not use your Account for any illegal or unauthorized purpose. You must not, in the use of the Account, violate any laws in your jurisdiction.
7. Accounts created by automated methods are now allowed.
If you store or transmit material on, to or from the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, files or computer software. By storing or transmitting Content by means of Service, you represent and warrant that:
1. The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2. If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6. the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
7. your Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods.
By storing or transmitting Content to Relenta for inclusion on Service, you grant Relenta a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing the Service to you. If you delete Content, Relenta will use reasonable efforts to remove it from the Service, but you acknowledge that caching or backup copies of the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Relenta has the right (though not the obligation) to, in Relenta’s sole discretion (i) refuse or remove any Content that, in Relenta’s reasonable opinion, violates any Relenta policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Relenta’s sole discretion. Relenta will have no obligation to provide a refund of any amounts previously paid.
Payments, refunds, upgrades and downgrades
All paying Accounts must provide a valid credit card. Free and trial Accounts are not required to provide a credit card.
1. During the upgrade from the free or trial plan to any paying plan your credit card will be immediately charged.
2. During any upgrade in plan level, your credit card will be immediately charged the amount prorated to your your next billing date.
3. The Service is automatically billed for in advance for the next billing cycle and is non-refundable. There will be no refunds or credits for partial months of Service, upgrade, downgrade or periods of time unused with an open Account. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Relenta does not accept any liability for such loss.
6. In the event we are unable to bill your credit card for the next billing cycle, and your Account becomes more than 14 days past due, your Account will be cancelled in accordance with this Agreement. It is your responsibility to ensure that your credit card is valid and has sufficient funds.
Cancellation and termination
1. You are solely responsible for properly canceling your Account. Any written or verbal request to cancel your Account is not considered cancellation. You can cancel your account at any time only by visiting your Account’s dashboard (“My account”), which provides a simple no-questions-asked cancellation link.
2. If your account becomes more than 14 days past due, it will be automatically cancelled without additional notice.
3. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
4. If you cancel the Service before the end of your current paid-for month, your cancellation will take effect immediately and you will not be charged again.
5. Relenta, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Website, or any other Relenta service, for any reason at any time. Such termination of the Website service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Relenta reserves the right to refuse service to anyone for any reason at any time.
You may access your Relenta Content via an Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses your Content is bound by this Agreement plus the following specific terms:
1. You expressly understand and agree that Relenta shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Relenta has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access your Content via the API.
2. Abuse or excessively frequent requests to Relenta via the API may result in the temporary or permanent suspension of your Account’s access to the API. Relenta, in its sole discretion, will determine abuse or excessive usage of the API. Relenta will make a reasonable attempt via email to warn the Account owner prior to suspension.
3. Relenta reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Modifications to the Service and prices
1. Relenta reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. Prices of all Services, including but not limited to subscription plan fees, are subject to change upon 30 days notice from Relenta. Such notice may be provided at any time by posting the changes to the Relenta website (http://www.relenta.com) or the Service itself.
3. Relenta shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Relenta and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Relenta nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
2. Technical support is only provided to paying Accounts and is only available via email.
3. You understand that Relenta uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Relenta.
5. Any form of threat, abuse, harassment or “trolling,” defined as such in our sole discretion, directed against Relenta or its members will not be tolerated and will result in immediate account termination.
6. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
7. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Relenta) of other Relenta customers, we reserve the right to immediately disable your account or throttle your bandwidth consumption until you can reduce it.
9. Relenta does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
10. You expressly understand and agree that Relenta shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Relenta has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
11. You agree to indemnify and hold harmless Relenta, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
12. The failure of Relenta to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Relenta and govern your use of the Service, superseding any prior agreements between you and Relenta (including, but not limited to, any prior versions of the Agreement or Terms of Service).
13. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the State of Virginia, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Relenta may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
14. Questions about this Agreement should be sent to helpdesk at relenta dot com.