THIS DOCUMENT IS A LEGAL AGREEMENT (the “Agreement”) BETWEEN IZZEDO D.O.O. (“We,” “Us”) AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“You”) IN RELATION TO USE PHPAPPBUILD SOFTWARE ONLINE (the “Service”).
RIGHTS GRANTED HEREIN APPLY ONLY TO SERVICE FOR WHICH YOU’VE PAID THE APPLICABLE FEE.
BY REGISTERING FOR USING THE SERVICE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH REGISTERING FOR USING THE SERVICE OR ANY PORTION THEREOF AS YOU HAVE NO RIGHTS TO DO SO.
THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS AND RESTRICTIONS WITH RESPECT TO THE SERVICE AND ITS COMPONENTS.
By accepting this Agreement and using the Service, You agrees to be bound by all the terms and conditions of this Agreement.
Provision of the Service
We agree to provide You with the Service, consisting of using Our software online, server space, internet access to your account and such additional features, as may be provided by Us from time to time. We reserve the right to change or modify the features of Your service plan from time to time on 30 days e-mailed notice to You. Your continued use of Our service after receipt of such a notice of modification shall constitute Your acceptance of and agreement to be bound by the Our modification of the terms and conditions of this Agreement.
(a) You agree to pay Us monthly or yearly for Our Service. We reserve the right to change or modify its charges for Your plan from time to time on 30 days notice e-mailed to Yous. Your continued use of Our Service after receipt of such a notice shall constitute Your acceptance of and Agreement to be bound by the Our modified charges for its Service. Additional charges for add-on services not included in Your plan will be made as mutually agreed upon.
(b) Service charges are payable in advance on a monthly or yearly basis. Payments can be made online.
(c) You agree to be billed for all recurring and one-time charges, including late charges, for any Services ordered by You and any fees owed to Us.
(d) Any charges for upgrading Your current Service plan, or performing add-on requests, will not be billed until the next invoice.
(e) If You fails to make applicable payment, the Service becomes no longer active.
The initial term of this Agreement shall commence on the date of execution of this Agreement and shall continue through the remainder of the calendar month or year in which this Agreement was executed (the “Initial Term”). After the initial term, this Agreement shall be automatically renewed for successive monthly or yearly periods until terminated by one of the parties as provided in this agreement.
Termination without Cause
(a) You may terminate this Agreement at any time, for any reason, by contacting Us, either by phone or e-mail, and requesting that Your account be canceled. In the event of a cancellation, We will not refund amounts already billed for the current monthly or yearly service period in which You terminate the Agreement.
(b) We may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to Your primary e-mail contact address no less than 30 days prior to the service termination.
Termination for Cause
You agree to abide by the terms of this Agreement and by Our general use policies as set forth in this Agreement, as those policies may exist from time to time. We may change its use policies on 30 day written notice to You by e-mail message. Any violation by You of the terms of this Agreement or of Our general use policies shall be grounds for immediate termination of Your account for cause. If We terminate Your account for a violation of this Agreement, We shall not be required to refund any amounts billed for the billing period in which We terminate Your Service.
We shall not be liable for any taxes and other governmental fees related to purchases made by You or from Our server. You agree that you will be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to You by Us.
Materials and Products
Any material and data You provide to Us in connection with Service shall be in a form requiring no additional manipulation on the part of Us. We shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this Agreement. We, in its sole discretion, may reject material or data that You has placed on Our servers or that You has requested that We put on Our servers. We agree to notify You immediately of its refusal of any material or data and provide You with an opportunity to amend or modify the material or data to meet the Our requirements. Your failure to amend or modify the data or material as directed by Us within a reasonable time shall be a breach of this Agreement.
Violations of Network and Service Security
You are prohibited from violating or attempting to violate the security of the network or the Service. Violations of Service or network security may result in civil or criminal liability in addition to immediate termination of Your agreement and account. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting You who are involved in such violations. These violations include, without limitation:
(a) Accessing data not intended for You or logging into a server or account that You are not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of the Service or network, or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any client.
(d) Taking any action in order to obtain services to which You are not entitled.
Warranty against Unlawful Use
You warrant and represent that You shall use Service only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Your account for cause.
Liability; No Warranty; Limitation of Damages
(a) You expressly agree that use of Service provided by Us is at Your sole risk.
(b) We guarantees 99 percent uptime for Our Service during billed period. If uptime for Our Service falls below 99 percent during any given billed period, We will give you discount of 10 percent for next billing period. Any such credit shall be applied to future invoices. This credit shall be Your sole and exclusive compensation for any downtime or other unavailability of Our Service under this Agreement. We shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability.
(c) We, our agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(d) We, our officers, agents, or anyone else involved in providing Service shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use Service; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to Our records, programs, or services.
(e) We will exercise no control over the content of the information passing through Our network except those controls expressly provided herein.
(f) We make no warranties or representations of any kind, express or implied, for the Service it is providing. We also disclaim any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by You, including loss of data resulting from delays or non-deliveries.
Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights
(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to You. You agree that all right, title, and interest in any product or service provided to You belongs to Us. These products and services are only for Your use in connection with Service provided to You as outlined in this Agreement.
(b) You expressly warrants to Us that You have the right to use any patented, copyrighted, or trademarked material which You uses, posts, or otherwise transfers to Our servers.
Hardware, Equipment, and Software
You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access Our servers. We make no representations, warranties, or assurances that Your equipment will be compatible with Our Service.
You agree to defend, indemnify, and hold Us harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against Us, our agents, servants, officers, and employees, that may arise or result from any Service provided or performed or agreed to be performed or any product sold by You, Your agents, employees, or assigns. You further agree to defend, indemnify, and hold harmless Us against liabilities arising out of:
(a) Any liability to Us arising by virtue of any use of Our service by You for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Service provided to You;
(c) Any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by You, or violation by You of intellectual property rights of any other party; and
(e) Any defective product which You sold or distributed by means of Service.
You agree that the liability limit of Us shall in no event be greater than the aggregate amount which You paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
You agree to keep Us informed of all current contact information for Your account. Failure to maintain or keep current all contact information shall be a ground for Us to terminate Your account for cause.
This Agreement has been entered into in the State of Bosnia and Herzegovina, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
No waiver by Us of any breach by You of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of this Agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
This Agreement shall constitute the entire agreement between You and Us, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.
Changes to this Agreement
We will occasionally update this Agreement to reflect company and customer feedback.