Terms of Use
Definitions
The capitalized terms used in this Agreement shall have the following meanings:
"Agreement" means these Terms of Service, the terms of the subscription form, and any other terms relating to the Service that the Customer may agree to at the Provider's request.
"Service Provider" - Belong OÜ, with its registered office in Tallinn, Estonia, and registration number 17031513.
"Client" means any person or entity to whom the Service is provided.
"End User" means any individual to whom the Customer grants permission or access to use the Service.
"Party": a generic term referring to both the Customer and the Supplier.
"Servicio" refers to an online Software-as-a-Service (SaaS) offering accessible through this website and customer service.
"Subscription Form": an online form through which the Customer can subscribe to the Service.
"Registration Data" means the information provided by the Customer upon subscribing to the Service, including the Customer’s full name or business name, registration number, business number, corporate number, or personal identification number (or equivalent), permanent address, mailing address, email address, phone number, and any similar information that the Provider may reasonably request from the Customer.
"User Account" means an account hosted or managed by the Provider and made available to the Customer through the Service for the purpose of enabling the Customer to use the Service.
"Software" means the software applications included in the Service that have the features described on this website, including any modifications and replacements that the Provider may, at its sole discretion, implement from time to time.
"Intellectual Property" means all existing and future trademarks, service marks, domain names, and trade names; all rights relating to inventions, designs, databases, and proprietary information (including, without limitation, any trade secrets and know-how), copyrights, moral rights, and all other assets and benefits commonly regarded as intellectual property, whether registered or unregistered.
1 Contract and License
1.1 This Agreement shall enter into force between the Parties as of the time the Customer subscribes to the Service, obtains a User Account, or begins using the Service, whichever occurs first. This Agreement is entered into for an indefinite term, and both Parties have the right to terminate it in accordance with the terms and conditions set forth herein.
1.2 Subject to the Customer’s Registration Data and the terms and conditions set forth herein, the Provider grants the Customer, and the Customer agrees to grant the Customer, a limited, non-revocable, and non-exclusive license to use this Software.
1.3 The Software may only be used for its intended purposes and during the term of the Agreement between the Parties. The Customer agrees that it has no right to access the Software in source code form or using cracked code.
2 Service
2.1 The Provider shall use commercially reasonable efforts to ensure the operation of the Service for the Customer throughout the term of the Contract.
2.2 You acknowledge that (i) the Service is not designed to meet your individual needs; (ii) the Service may experience technical or other problems from time to time and may not necessarily operate without interruptions or errors; (iii) the Service is not fail-safe and is not designed for use in hazardous activities, such as (for example) “high-risk” activities, traffic control or life-support systems, the handling of hazardous materials, or other activities in which a failure of the Service could result in death, personal injury, or environmental damage.
2.3 The Provider undertakes to provide excellent customer support and will make every effort to respond to most customer support inquiries within a few hours. However, the Provider does not guarantee a specific timeframe within which support will be provided.
2.4 The Customer selects and uses the Service at its own risk, and the Customer and the End User are responsible for the display, download, upload, transmission, and possession of any information, programs, or other items accessed through or pursuant to the Service.
2.5 The Provider is not obligated to add, modify, or replace any part of the Service, nor is it obligated to continue developing or releasing new versions.
3 Pago
3.1 By subscribing to the Service, the Customer agrees to the charges, prices, and billing periods as (i) described on the website at the time of subscription and (ii) periodically updated in accordance with the terms of the Agreement.
3.2 Unless otherwise agreed upon at the time of registration, the Customer’s billing period is 30 days, beginning on the day immediately following the end of the free trial period.
3.3 The Provider may enhance or otherwise modify the Service in exchange for additional fees and may, with 30 days’ advance notice, modify the fees, prices, and billing period applicable to the Customer’s Service. If the Customer does not agree with such changes, the Customer retains the right to cancel the relevant Service.
3.4 Payment for the Service shall be made in advance for each billing period, due upon the end of the period, based on an invoice provided by the Provider. The Customer agrees that a delay in payment may result in the suspension of the Service or the termination of the Contract.
3.5 All rates and prices exclude VAT, sales tax, and other taxes. The Customer is solely responsible for all taxes and other charges that may apply to the purchase or use of the Service.
4 Customer Obligations
4.1 The Customer must be an individual (natural or legal person) or an entity with legal capacity.
4.2 All Registration Data provided by the Customer must be true, accurate, and up-to-date, and the Customer agrees to immediately correct any Registration Data that becomes outdated or incorrect. The Provider may, but is not obligated to, verify the Customer’s Registration Data and may rely on such data without verifying it.
4.3 The Customer must comply with all laws, regulations, and orders applicable to the Customer when using the Service.
4.4 The Customer represents and warrants to the Provider, for the Provider’s benefit, that the Customer owns the rights to all information (including text, images, audiovisual material, and other content) that the Customer uploads, transmits, or stores through the Service.
4.5 The Customer warrants that neither it nor its End Users will use the Service to transmit unsolicited information or to upload, transmit, send, execute, or store malicious code, malware, or illegal material.
4.6 Any Customer Material that violates any provision of this Agreement may be removed, rendered inoperable, and/or destroyed by the Provider at its discretion without prior notice or notification.
4.7 Any person who subscribes to the Service on behalf of the Customer or who otherwise represents the Customer in entering into the Agreement personally warrants to the Provider that they are authorized to represent the Customer and that the Agreement entered into with the Customer is binding.
5 User Account
5.1 The Customer is solely and fully responsible for the activities carried out through their User Account and must immediately notify the Service Provider of any security breach or unauthorized use of their User Account.
5.2 The Parties agree that, with respect to the Customer’s username and password, the Customer is responsible for (i) maintaining the confidentiality of its username and password, (ii) each and every activity performed by persons to whom the Customer grants access or who otherwise use the Customer’s username and password, and (iii) each and every consequence of the use or misuse of the Customer’s username and password.
5.3 The Service Provider shall not be liable for any loss, damage, or other consequences resulting from the use of the Customer’s User Account username and password by an unauthorized person.
6 Disclaimer of Warranty
6.1 The Supplier may exclude in their entirety all terms, representations, and warranties not expressly set forth in this Agreement (including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as any terms that may arise from commercial practice or usage).
6.2 The Provider does not guarantee that (i) the Service will meet the needs or expectations of the Customer and the End User, (ii) access to and use of the Service will be uninterrupted, timely, secure, or error-free, (iii) any defects in the Service will be corrected, (iv) the Service or any means of accessing the Service will be free of malware or other harmful components; (v) with respect to any third-party software, content, materials, information, environment, or other resources or services that the Customer or End User may acquire, use, access, or encounter.
6.3 Each Party acknowledges that the other Party has entered into the Agreement based on the foregoing waivers and that these waivers will serve as the primary basis for resolving disputes between the Parties.
7 Limitation of Liability
7.1 The Provider shall not be liable to the Customer, any End User, or any person making a claim through the Customer or any End User for any loss, damage, expense, or other consequence arising from (i) the use or inability to use the Service, (ii) the characteristics of the Service, (iii) the need to obtain, through the Service, any substitute product or service, or any other product, service, or benefit obtained, acquired, or otherwise used through the Service, (iv) any message or other communication from or through the Service or any transaction conducted through the Service, (v) any unauthorized access to or alteration of the transmissions or data of the Customer and its End Users, (vi) any statement or conduct by any person who has access to the Service, (vii) any other circumstance related to the Service;
regardless of whether such loss or damage is suffered directly or indirectly or arises directly or as a result of conduct, and whether it arises under contract, out of contract, or in any other manner;
provided, however, that nothing in this Clause shall exclude any claim for direct pecuniary losses suffered by the Customer as a result of the Provider’s willful breach or gross negligence of the Contract, and that the Supplier’s liability, whether under the Contract or otherwise, shall in no event exceed a charge equivalent to the amount paid by the Customer to the Supplier during the twelve months preceding the month immediately prior to the breach.
7.2 Any claim the Customer may have in connection with this Agreement must be filed with the competent authorities within one year of the date on which the claim arose, failing which the claim shall be permanently barred.
8 Data Protection
8.1 The Customer agrees that the Service Provider may collect information about the Customer and End Users (i) when the Customer enters into the Agreement (information entered in the Subscription Form); (ii) when they visit the Service Provider’s website (session information, browsing history on the Service Provider’s website, IP address, certain software and hardware attributes) or fill out forms through the Service (information submitted during the course of using the Service); (iii) when they access or use the Service (the location, manner, purpose, and duration of access); and (iv) when they knowingly provide information to the Service Provider (information disclosed by the data subjects). During a visit to the Service Provider’s website, “cookies” may be stored on the visitor’s device.
8.2 The Customer agrees and warrants to the Provider that the End Users consent to (i) the processing of their personal data (subject to applicable data protection law) by the Provider for the purpose of fulfilling its obligations under the Agreement and, where applicable, to enforce its contractual rights; (ii) that their personal data may be processed both on-premises and off-premises; (iii) that the Provider will not disclose their personal data to third parties unless this would be contrary to the law or the performance of this Agreement.
8.3 The Service Provider shall guarantee to the Customer that commercially reasonable measures are taken to ensure the secure processing of personal data.
8.4 The Service Provider is not obligated to monitor or access Customer Accounts, but may do so when there is a reasonable basis for doing so (to provide customer support or, for example, to prevent illegal or harmful activities).
8.5 When an End User subscribes to the Service, they will be subscribed to the Service Provider’s newsletter, and the Service Provider may use their personal data to send them information about products, services, promotions, and events that the Service Provider believes may be of interest to them. This subscription may be canceled at the User’s request.
9 Intellectual Property and Property Rights
9.1 The Customer acknowledges that the Provider owns all Intellectual Property rights related to the Service. The Customer does not acquire any rights, powers, or interests in such Intellectual Property or in the Service in general, except for the limited right of use expressly set forth in this Agreement. Any other rights not expressly provided for herein shall be deemed null and void.
9.2 The Provider respects the intellectual property rights of others and may, for appropriate reasons and at its sole discretion, block or terminate the use of a User Account that infringes the rights of others.
10 Amendment, Suspension, and Termination of the Agreement
10.1 The Provider may modify the Service or any part of the Agreement at any time at its sole discretion and is required to notify the Customer of such modifications when the Customer logs in to their User Account. If the Customer does not agree with such modifications, the Customer has the right to suspend use of the Service. Otherwise, such modifications will take effect for the Customer upon receipt of the aforementioned notification.
10.2 The Provider has the right to terminate all or part of the Service with 30 days' notice.
10.3 The Service Provider has the right to immediately suspend, in whole or in part, the provision of the service described in this Agreement if a court order, a decision by a public authority, or a decision by a competent regulatory authority requires a temporary or permanent suspension of the obligations set forth in this Agreement.
10.4 Either Party may terminate the Agreement at any time by giving the other Party 30 days' notice.
10.5 If this Agreement has been terminated due to a material breach by the other Party, no notice is required to terminate the Agreement (i.e., the Agreement shall be terminated immediately).
10.6 A material breach of the Agreement shall be deemed to have occurred (among other things) if: (i) a Party fails to perform any of its obligations under this Agreement and does not cure or remedy such breach within two weeks after the other Party has notified it to that effect, describing the breach and demanding that it be cured or remedied; (ii) a Party is in continuous breach of any of its obligations under this Agreement and such breach cannot be remedied; (iii) a Party’s breach deprives the other Party of all or a substantial part of the benefit to which it was entitled under this Agreement.
10.7 Any termination of the Agreement shall be without prejudice to the rights and remedies of the Parties accrued in connection with such termination.
10.8 The Customer acknowledges and agrees that, in the event of termination of the Agreement, (i) all rights granted to the Customer under this Agreement shall cease; (ii) the Customer shall cease all activities authorized by the Agreement; (iii) the Customer shall immediately pay the Provider all amounts due under this Agreement; (iv) the Customer will not receive any refund or replacement for unused time during the billing period, any license or subscription fees, any content or data associated with its account, or any other charges.
11 Undisputable Forces
11.1 Neither Party shall be liable for any failure to perform its obligations under circumstances beyond its reasonable control, including, without limitation, acts of God, acts of government, war, civil unrest, terrorist attacks, strikes, failure of an Internet service provider, or any other circumstance that may be classified as force majeure. However, none of these causes shall exempt a Party from its payment obligation.
12 Governing Law and Dispute Resolution
12.1 Any disputes or disagreements arising from the performance of the Contract shall be resolved through negotiation.
12.2 If negotiations fail, the dispute shall be resolved by the Court of the Republic of Estonia.
12.3 By accepting the Agreement, the Customer also accepts the Provider’s Privacy Policy, which shall be considered an integral part of the Terms of Service.
Contact Us
If you have any questions or concerns about the Terms of Use, please contact us:
info@belong-events.com
Belong OÜ
Reg. 17031513
Last updated: July 19, 2024
