EULA
EFFECTIVE AS OF AUGUST 1, 2020, AONIC GmbH., ("WeDecide") AND ITS SUBSIDIARIES (COLLECTIVELY, "WE" OR "US" OR "OUR") HAVE UPDATED OUR TERMS OF SERVICE ("TERMS").
The following terms and conditions ("Terms") govern all use of the WeDecide.co website and all content, services, and products available at or through the website. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, WeDecide's Privacy Policy) and procedures that may be published from time to time by WeDecide (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by LimeStat, acceptance is expressly limited to these Terms.
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).
Use of our Services requires an Office 365 tenant/account.
Fees, Payment, and Renewal.
The cost of our services are dictated by the size of the team using WeDecide (Refer to our pricing section for more details). When the size of your team changes, you will automatically be moved into the appropriate payment tier. By using the paid services, you agree to pay the specified fees, which we'll bill or charge you for in regular intervals (such as monthly, annually, or biennially), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
If your payment fails or Paid Services are otherwise not paid for on time, we may immediately cancel or revoke your access to the Paid Services. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services in general.
To ensure uninterrupted service, our Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any taxes).
While you may cancel a Paid Service at any time, refunds are issued in our sole discretion.
We may change our fees at any time. When applicable, we may give you advance notice of the fee changes. If you don't agree with the fee changes, you can cancel your Paid Service.
Copyright Infringement and DMCA Policy.
As LimeStat asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WeDecide.co violates your copyright, you are encouraged to notify WeDecide in accordance with WeDecide's Digital Millennium Copyright Act ("DMCA") Policy. WeDecide will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WeDecide will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WeDecide or others. In the case of such termination, WeDecide will have no obligation to provide a refund of any amounts previously paid to WeDecide.
Intellectual Property.
We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
We reserve the right to remove any content that is available via the Service.
The look and feel of the Service is copyright© AONIC, GmbH. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
Changes.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Termination.
WeDecide may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Office 365 account, you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the German Federation, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be located in Darmstadt, Germany.
Limitation of Liability.
In no event will LimeStat, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WeDecide under this Agreement during the twelve (12) month period prior to the cause of action. WeDecide 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.
General Representation and Warranty.
Will be in strict accordance with this Agreement;
Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
Will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify and hold harmless WeDecide, 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 our Services, including but not limited to your violation of this Agreement.
Translation.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
Miscellaneous.
This Agreement constitutes the entire agreement between WeDecide and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WeDecide, or by the posting by WeDecide of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WeDecide may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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