Gadael.com Terms of Service
ACCEPTANCE OF TERMS
By creating an account on gadael.com , you agree to be bound by these terms and conditions.
DESCRIPTION OF SERVICE
The Service includes, and is limited to, a web site that allows You access to and use of a single Account. “Gadael.com” referred to herein means an online working time management tool. The Service may contain information, data, text, photographs, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”). Subject to these Terms of Service, Gadael.com grants to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
An “Account” referred to herein means a service, provided by Gadael.com, where You may use Gadael.com to start an application instance with a database and your users data or other materials (“User Content”).
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, You must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and other access device. You also understand and agree that the service may include certain communications from Gadael.com, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them. Gadael.com may at its sole discretion modify the features of the Service from time to time without prior notice.
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Gadael.com with an electronic mail address and other information (“Registration Data”). You are responsible for maintaining the confidentiality of the access data for your Account, and are fully responsible for all activities that occur under your Account.
You agree to
(a) immediately notify Gadael.com of any unauthorized use of Your Account or any other breach of security, and
(b) ensure that You exit from Your Account at the end of each session.
Gadael.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. In consideration of use of the Service, You agree to:
(a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Gadael.com assumes no duty to verify such information as further detailed in the CONTENT OF THE SERVICE section of these Terms of Service. If You provide any information that is untrue, inaccurate, not current or incomplete, or Gadael.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Gadael.com has the right to suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). By using the Service, You represent and warrant that You are at least 13 years of age, and no one under the age of 13 may use the Service - except as set forth below under “Kids and Gadael.com”. Gadael.com may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited by any applicable law.
Additional groupings of features may be added to the Service and made available to You as a paid upgrade (“Paid Plan”). If You choose to subscribe to a Paid Plan, You shall pay fees (described below. Upon selection of a Paid Plan, You will provide Gadael.com with the necessary billing information (“Billing Data”).
Credit cards are the only payment mechanism accepted for payment of a monthly subscription fee for a Paid Plan. All currency references are in Euros. Paid Plans must be paid monthly.
If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify email@example.com if Your Payment Method is changed (for example, for loss or theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure or use of Your name or password. If You fail to provide any of the foregoing information, You agree that Gadael.com may continue charging You for any use of the Paid Plan under your Billing Data unless You have terminated Your Paid Plan as set forth herein.
The credit card that You provide as part of the Billing Data will be automatically and immediately billed on the first Business Day of each Month. You agree that Gadael.com may charge to Your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation (see “Termination, Breach, Suspension and Cancellation” and “Refund”). Gadael.com will contact You via electronic mail to alert You upon each charge. Gadael.com may change prices at any time, but will endeavor to provide reasonable advance notice via the Gadael.com website and electronic mail. You agree that in the event Gadael.com is unable to collect the fees owed to Gadael.com, your account will be suspended after a one month tolerance period (you will have one month to provide correct credit card informations if the payment fails).
As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
If Your Subscription Fee payment is overdue, Gadael.com will disable Your access to the features provided by the Paid Plan. Gadael.com may, at its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and Gadael.com may delete Your User Content, although residual copies of information may remain in our system for some time for back-up purposes. In the event of termination, Gadael.com may also withdraw and at its discretion reallocate the public web address of Your Account.
If You terminate Your Account, via means provided for cancellation on the Gadael.com website, or via telephone call or electronic mail to Gadael.com, and You request that Gadael.com delete Your User Content contained in Your Account, Gadael.com will make all reasonable efforts to do so.
Gadael.com provides means for Account and Paid Plan cancellation on the Gadael.com website. If You cancel Your Account within 40 calendar days of the date of sign up to the paid plan, and You request a refund, Gadael.com will refund all payments You have made to Gadael.com within the 40 calendar days prior to the cancellation and refund request.
Gadael.com does not claim ownership over any User Content submitted on or through the Service. Your User Content belongs to You. However, by uploading any User Content to the Service, You agree that Gadael.com may store and display your User Content solely as necessary in connection with the Service. To the extent You choose to share any of Your User Content with other users of the Service, You agree to allow these users (i.e., only the users you specify) to view Your User Content and, to the extent applicable, collaborate with You and Your User Content.
You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You and your users, and not Gadael.com, are entirely responsible for all User Content that You and your users upload, post, transmit or otherwise make available via Your Account and your application instance. Gadael.com does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content.
You understand that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will Gadael.com be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that Gadael.com does not pre-screen User Content, but that Gadael.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse, modify or move any Content that is available via the Service. Without limiting the foregoing, Gadael.com and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Gadael.com may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Agreement;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of Gadael.com, its users and the public.
If Gadael.com discloses User Content to comply with legal process or respond to claims that any User Content violates the rights of third-parties, to the extent permitted by law, regulation or legal process, Gadael.com agrees to provide You with prompt notice of any such legal or governmental demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
You understand that the technical processing and transmission of the Service, including Your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should User Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Gadael.com’s sole discretion as to what action should be taken. You agree that You will not:
(a) upload, post, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Gadael.com official, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
(e) upload, post or otherwise transmit any User Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(i) “stalk” or otherwise harass another;
GENERAL PRACTICES REGARDING USE AND STORAGE.
You agree that Gadael.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that Gadael.com may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Gadael.com retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to delete account and databases of users who are inactive for an extended period of time.
You agree that You will not:
(a) upload, post, email, or otherwise transmit any computer routines, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(d) copy, reproduce, alter, modify, or publicly display any information displayed on the Service (except for Your downloadable Database), or create derivative works from our website (except for Your downloadable Database), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of Gadael.com or any other third party, except with the prior written consent of Gadael.com or the appropriate third party.
CONTENT OF THE SERVICE.
Gadael.com takes no responsibility for any third-party Content or User Content (including, without limitation,any viruses or other disabling features), nor does Gadael.com have any obligation to monitor such third-party Content. Gadael.com reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. Gadael.com also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to enforce these Terms of Service, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of Gadael.com, its users and the public.
Gadael.com will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
If Gadael.com discloses such information to satisfy any applicable law, regulation, legal process or governmental request or to respond to user support requests, to the extent permitted by law, regulation or legal process, Gadael.com agrees to provide You with prompt notice of any such demand and reasonably cooperate with You in any effort to seek a protective order or otherwise to contest such required disclosure.
Your application home page is public. This includes your application name and public description text that you have had on.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable User Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which You reside.
NO RESALE OF THE SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service hosted on gadael.com. The usage of the gadael open source software can be done within the compliance of the software licence and without utilisation of the gadael.com name and website.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that all of the information provided by You to Gadael.com to participate in the Service is correct and current. By accepting this agreement, You take responsibility for infringements of the agreement by the users of the application you start from this service. You have all necessary right, power and authority to accept these Terms of Service and to perform the acts required of You hereunder.
NO WARRANTIES FROM Gadael.com
You understand and agree that the Service is provided “as is” and Gadael.com, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement of your data on Gadael.com’s servers. Gadael.com, its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. No oral or written information or advice given by Gadael.com or its authorized representatives shall create a warranty or in any way increase the scope of Gadael.com’s obligations.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and Gadael.com Software is intended or created by these Terms of Service.
MODIFICATIONS TO SERVICE
Gadael.com 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 at any time. You agree that Gadael.com shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Service.
LIMITATION OF LIABILITY
In no event will Gadael.com or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if Gadael.com, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, Gadael.com’s, its affiliates’, suppliers’ and Resellers’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service in the previous twelve months.
WAIVER AND SEVERABILITY
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Gadael.com services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CHOICE OF LAW AND FORUM
This Agreement is governed by the laws of France and any dispute shall be finally resolved by the France courts.
ENTIRE AGREEMENT/GENERAL PROVISIONS
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Gadael.com may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of Gadael.com upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law and the exercise of any one remedy will not preclude the exercise of any other.
Notices to You may be made via email. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to Gadael.com under this Agreement must be sent to the following electronic mail address for such purpose: firstname.lastname@example.org
Or the following physical address:
Paul de Rosanbo
1 rue des 2 ponts