Terms. By accessing the www.equafy.com web site, you agree to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are not allowed to use or access this site. Materials in this web site are protected by applicable copyright and trade mark law. Customer accepts that Equafy SaaS solution is on-line, subscription-based and that Equafy will make changes to the system over time.
Target usage. Customers shall access and use Equafy SaaS solution only for their own benefit and in accordance with the terms and conditions of this Agreement. Use of and access to Equafy SaaS solution is permitted only by the number of employees of Customer specified in the purchased subscription plan. Customers are obliged to keep their passwords confidential and prevent unauthorized access to Equafy systems with their accounts.
Restrictions. Customer shall not:
rent, lease, resell any Equafy SaaS solution to a third party;
reverse engineer, decompile, disassemble any Equafy source code
Customer Data means any business information or data which is provided by Customers to Equafy in connection with Equafy SaaS solution. Customer is responsible for the accuracy, content and legality of all Customer Data.
Rights in Customer Data. Customer shall retain all rights, titles, intellectual property and interests of Customer Data provided to Equafy. Customer grants to Equafy a non-exclusive, worldwide right to use, store, move, copy, create derivative works of and display the Customer Data only for Equafy to provide the needed services.
Storage of Customer Data. Equafy is going to store customer data for the need of service operation. Equafy agrees that it shall not intentionally delete any Customer Data which is less than 30 days old from Equafy SaaS solution, prior to termination of Customer’s applicable Subscription except explicitly required by the customer. Equafy is not going to store any Credit card information in it’s data.
Customer Data protection. Equafy will protect personal information by reasonable security processes and technologies against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
Links. Equafy has not reviewed the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Equafy of the site. Use of any such linked website is at the user's own risk.
Subscription Term, FEES & PAYMENT
Subscription Term and Renewals. Each Subscription Term shall automatically renew for additional one month or twelve month periods depending on the subscription plan. Either party can give the other written notice of termination at least thirty days prior to expiration of the then-current Subscription Term. The period of renewal will be clearly displayed on the pricing and checkout pages.
Fees and Payment. All fees are as set at the time of purchase shall be paid by Customer within 7 days of the Effective Date. All fees are non-refundable. Fees are exclusive of all shipping costs and Customer is required to pay any sales, use GST, value-added withholding, or similar taxes or levies, whether domestic or foreign. Any rejected credit card or PayPal payments will lead in account preventing execution of tests and working in read only mode. Any payments via a bank wire not paid in 30 days after the invoice is scheduled for payment will lead to account suspension preventing execution and reports review of tests until these payments are paid in full.
Deleting account. If a user deletes his account all his data is deleted and cannot be restored.
Canceling subscription. If a user cancels his subscription his screen-shots will be kept for 1 month and deleted afterwards. All other data will not be changed.
Term and Termination
Term. This Agreement is effective as of the Effective Date and expires on the date of expiration or termination of all Subscription Terms.
Termination for Cause. Either party may terminate this Agreement if the other party (1) fails to cure any material breach of this Agreement (including a failure to pay fees) within 30 days after written notice; (2) ceases operation without a successor. Equafy may terminate this Agreement immediately upon notice to Customer if Customer breaches Sections 4.1 and 4.2 (Restrictions of use).
Limited Warranty. Equafy warrants, for the Customer’s benefit only, that Equafy SaaS solution will operate in reasonable conformity with the applicable Documentation. Equafy does not warrant that the Customer’s use of the Equafy SaaS solution will be uninterrupted or error-free, nor does Equafy warrant that it will review Customer Data for accuracy or that it will preserve or maintain Customer Data without loss. Equafy’s liability for any breach of this warranty shall be to use commercially reasonable efforts to provide the Customer with an error correction or work-around that corrects the reported non-conformity, or if Equafy determines such remedies to be impracticable, to allow the Customer to terminate the Subscription Term and receive as its sole remedy a refund of the monthly (or annual respective to the purchased plan) subscription fee specified at the time of purchase, which are any fees the Customer has pre-paid for use of Equafy SaaS solution that it has not received as of the date of the warranty claim. The limited warranty in this Section shall not apply if the Customer does not make a claim within 30 days of the date on which the condition giving rise to the claim first appeared or if the error was caused by misuse or unauthorized actions.
Warranty Disclaimer. Except for the warranty in section 10.1, Equafy and all its SaaS services are provided “as is.” Equafy does not make any other warranties. Equafy shall not be liable for any delays, interruptions of service and other problems outside the reasonable control of Equafy. Equafy makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.