Terms of Service
Last Updated: July 6, 2017
BY ACCEPTING THESE TERMS OF SERVICE OR OTHERWISE USING THE SERVICE (AS DEFINED BELOW), YOU AGREE TO THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE AS AN INDIVIDUAL, THE TERM “YOU” REFERS TO YOU. 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 AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THESE TERMS OF SERVICE AND MAY NOT USE THE SERVICE.
These Terms of Service shall apply to your use of the Credntia Website website as well as the mobile app (if applicable) and the services offered by each (“Credntia”, and “Service”). These Terms of Service represent the parties’ entire understanding regarding the Service and shall control over any different or additional terms unless such terms are in writing and agreed to by the parties.
Credntia reserves the right to update and change these Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of these Terms of Service at any time at credntia.com/terms-of-service.
Access to Service
Subject to the terms and conditions of these Terms of Service, for so long as you have an active account for the Service, Credntia hereby grants you the limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely for your personal use. You will be responsible for maintaining the security of your equipment and account access passwords, and will use reasonable efforts to prevent any unauthorized use of the Service and immediately notify Credntia in writing of any unauthorized use that comes to your attention. If there is unauthorized use by anyone who obtained access to the Service directly or indirectly through you, you will take all steps reasonably necessary to terminate the unauthorized use. You will be responsible and liable for all activity conducted through your account. You will cooperate and assist with any actions taken by Credntia to prevent or terminate unauthorized use of the Service.
A valid credit card is required for paying accounts. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for months unused with an active account, or refunds for any charges for the cost of the mobile application. 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, excluding only those required by law to be excluded. If payment of any fees is not made when due and payable, the Service may be terminated. Downgrading your account may cause loss of content, features or capacity. Credntia does not accept liability for such loss.
Modifications to the Service and Prices
Credntia 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. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Credntia Website or the Service itself. Credntia shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Use of Service
When you create an account with Credntia, you must provide Credntia information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may result in immediate termination of your account on the Service.
You will not, and will not permit or authorize third parties to (a) rent, lease or otherwise permit third parties to use the Service; (b) use the Service to provide services to third parties (e.g., as a service bureau); (c) breach, circumvent, tamper with or disable any security or other technological features or measures of the Service; (d) attempt to probe, scan or test the vulnerability of any systems related to the Service, including penetration or load tests; or (e) attempt to discover the underlying structure, technology or algorithms of the Service. The Service and any related software is subject to applicable export control laws and regulations. You agree to comply strictly with all such laws and regulations as they relate to the Service and such software, and, to the extent consistent with this Agreement, to obtain any necessary license or other authorization to export, re-export, or transfer the Service or such software when required. You agree to use the Service in compliance with all other applicable laws and to indemnify and hold Credntia and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims and actions of any kind arising out of or relating to your use of the Service or your violation of these Terms of Service.
You will not have any rights to the Service except as expressly granted in this Agreement. Credntia reserves to itself all rights to the Service not expressly granted to you in accordance with these Terms of Service.
If you provide any feedback to Credntia concerning the functionality and performance of the Service (including identifying potential errors and improvements), you hereby assign to Credntia all right, title, and interest in and to the feedback, and Credntia is free to use the feedback without payment or restriction.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time via the mobile application. All information or other content that you upload to the Service (“Content”) will be immediately deleted from the active and passive instances of the Service upon cancellation, and any archived Content, including backups and log files, will be deleted within thirty (90) days thereafter. However, this information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Credntia, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time, including your active or passive attempts at disrupting the Services or disrupting the use of the Service by others. Such termination of the Service will result in the suspension or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Credntia reserves the right to refuse service to anyone for any reason at any time. Except for paying accounts, if you stop using the Service for more than 12 consecutive months, your accounts may also be terminated.
The terms and conditions in the sections titled “Payment”, “Use of Service”, “Feedback”, “Cancellation and Termination”, “Disclaimer”, “Limitation of Liability”, “Governing Law” and “Miscellaneous” will survive any termination or expiration of your accounts.
THE SERVICE IS PROVIDED ON AN “AS-IS” BASIS AND CREDNTIA DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER. CREDNTIA EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. CREDNTIA DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE OR THAT OPERATION OF THE SERVICE WILL BE SECURE OR UNINTERRUPTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CREDNTIA, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR (A) ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR BUSINESS OR OTHER INTANGIBLE LOSSES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY, (B) ANY MATTER BEYOND ITS REASONABLE CONTROL, OR (C) ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU FOR THE SERVICE IN THE PRECEDING 12 MONTHS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL CREDNTIA BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION OR CONTENT CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREDNTIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CREDNTIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Credntia without restriction.
These Terms of Service shall be governed by the laws of the State of Alabama without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Birmingham, Alabama, for the purpose of resolving any dispute relating to your access to or use of the Service.
The terms and conditions of this Agreement are severable. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Both parties agree that these Terms of Service are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and a party does not have any authority of any kind to bind the other party in any respect whatsoever. You acknowledge that any unauthorized use of the Service will cause irreparable harm and injury to Credntia for which there is no adequate remedy at law. In addition to all other remedies available under these Terms of Service, at law or in equity, you further agree that Credntia will be entitled to injunctive relief in the event you use the Service in violation of the limited license granted herein or use the Service in any way not expressly permitted by these Terms of Service. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.