Terms and Conditions
1. Acceptance of Terms
Logicalware Ltd. and its affiliates (“us”, “we”, “our”) provides our services (as defined below) subject to (“you”, “your”) compliance with these terms and conditions (“terms”). Violation of any part of these terms will result in termination of your account (as defined below). We reserve the right to amend these terms from time to time and without notice. Continued use of any provided service after any such modifications have been made shall constitute an agreement to such modifications. If any change to these terms are not acceptable, the only remedy is to stop accessing and using the service. These most recent terms and conditions supersede any previous agreements between us and you.
2. Our Services and Your Account
Our services are defined as –
- The website located at logicalware.com (including all subdomains)
- Our customer support email management system
- Any new features augmenting our customer support email management system
- Any level of support provided by us
- Any other services provided by us to you
Your account with us is created when you sign up for a free trial of Logicalware. Only persons aged 16 years or over may have an account. All requested information must be provided to complete the sign up process. We may communicate with you regarding any matters associated with your account and Logicalware. You are responsible for your account and for all activity that occurs under your account. We will not be held liable for any damages or losses as a result of failure to protect your login information. We may refuse an account on the Service to anyone for any reason at any time. We will do our utmost to make our services available to you. Exceptions to this include planned downtime of which you will be notified in advanced, or any unavailability caused by circumstances beyond our reasonable control.
3. General Conditions
The use of our services, including any content, information or functionality contained within, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We assume no responsibility for the risk of you using our services. Unless expressly agreed in writing by us, our services must not be resold, duplicated, reproduced, or exploited. Our services must not be used to store, host, or send unsolicited (spam) messages of any kind. Our services must not be used to transmit any viruses, worms, or other such malicious content. It is understood that during processing, content may be transmitted unencrypted over the internet. We makes no warranties regarding the –
- availability of the services
- satisfaction of the services
- ability to use the services
- accuracy of mathematically calculations performed by the services
- fixes performed to the services (corrections of bugs or errors)
We are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to use of the services. The sole remedy for dissatisfaction with our services is to stop using it. If any provision of the terms is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby. We may, have no obligation to, remove content or accounts containing content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property or these terms. Our failure to enforce at any time any provision of these terms does not constitute a waiver of that provision or of any other provision of these terms.
4. Modifications to the Service and Fees
We reserve the right to modify our services at any time and for any reason with or without notice. We reserve the right modify our pricing at any time however we will provide a notice of such change of at least 1 calendar month.
5. Your Free Trial of Logicalware
You may use Logicalware free of charge for a period of no more than that specified during the sign up process. At the end of your free trial period, should you not wish to continue using the service, all your data will be securely deleted and your account will be closed. We may contact you in the future with relevant marketing offers, unless your expressly tell us not to via email. At the end of your free trial period, should you wish to continue using Logicalware, all your data will be retained and your account will remain as is. You will have to complete and sign a separate Consumer Agreement to both confirm these terms and provide us with additional required information.
6. Contracted Usage of Logicalware
Your contracted use of Logicalware will start from the date specified within your Customer Agreement and last for the initial period, also specified, which will be no less than 12 months. User licences are charged per calender month only – there is no daily rate. The only exception to this is during any partial months of service at the start of your contract where the amount charged will be your normal monthly amount divided by 28 multiplied by the appropriate number of days. You may change the number of user licences at any point by written confirmation from a nominated candidate to our support email address. Your next invoice will be adjusted amount accordingly to reflect the change. We will invoice you per calendar month in advanced on the first working day of each month and you agree to pay each invoice within one calendar month. Your first invoice will include for any days of service prior to the invoice date. The service is non-refundable. There will be no refunds or credits for partial months of service or for times when your account is open but you are not using the service. You may terminate your contract by written confirmation from a nominated candidate to our support email address giving a minimum notice of 3 calendar months with said notice expiring on the last day of the month and not within the initial term. During the notice period, you will be invoiced for your nominal user licences as per the 3 calendar months prior to the date of notice. After one calendar month from the termination date your data will be securely deleted and your account will be closed. Your data will be made available for you to download in an “mbox” file only upon request from you and only within one calendar month from cancellation. We cannot provide you with the file in any other format.
7. Contract Termination
For any reason, including, if we believe that you have violated these terms, we reserve the right to modify or discontinue the service (or part thereof) either temporarily or permanently and refuse any and all current and future use of the services, suspend or terminate your account or use of the service, and remove and delete any of your content in the service. We will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. We reserve the right to terminate your account immediately if bankruptcy or insolvency proceedings are brought against you (or your parent company), a receiver or administrator is appointed over you’re (or your parent company) assets, or you (or your parent company) goes into liquidation or enters into a voluntary arrangement with its creditors other than for the purpose of reorganisation (or any similar event in your country of incorporation). Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of service, may be referred to appropriate law enforcement authorities. We shall not be liable to you or any third party for any modification, suspension or discontinuation of the service.
8. Intellectual Property Rights
We or our suppliers own the intellectual property rights to any and all protectable components of the service. This includes but is not limited to the name of the service, artwork and end-user interface elements, the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the service. We claim no intellectual property rights over the content you upload or provide to the service.
9. Data Privacy & Security
In providing you with the service, we shall maintain appropriate administrative, physical and technical safeguards to protect the security, confidentiality and integrity of your data. You agree that we can access your accounts and data in order to respond to your service requests however we will not disclose such data except if compelled by law or permitted by you.
10. Export Compliance
You agree to comply with any applicable laws and regulations governing the export of the service or any of its components.
11. Governing Law
The Terms shall be governed by Scottish law without regards to the principles of conflicts of law. You herby expressly agree to submit to the exclusive jurisdiction of the courts of Scotland for the purpose of resolving any dispute relating to Your access to or use of the Service.