Contento Ltd Terms Of Service

These Terms of Service govern your use of the Contento Ltd platform and all services provided by Contento Ltd.

Acceptance Of Terms

This Terms of Service document is an agreement you must accept in order to use Contento’s Services. This is a legal agreement (“Agreement”) between You and Contento Ltd (“Company”), for use of any of the Contento Content Management System service which You selected or initiated.

“You” refers to the individual who registered and/or provided in the Contento website his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such an entity, then “You” refers to such an entity.

If you are entering into this TOS agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such an entity to these TOS In that case, the terms or shall also refer to such entity, its staff and its affiliates, as applicable.

If you do not have such authority, or if you do not agree with this TOS, you may not use the Service. You acknowledge that this TOS is a contract between you and Contento Ltd, even though it is electronic and is not physically signed by you and Contento Ltd, and it governs your use of the Service.

Violation of any of the terms of service may result in the termination of your account.

Services

The Company may at its sole discretion modify the features of the Services from time to time without prior notice. Contento Ltd 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 90 days prior written notice. If the change to the Service is material to your agreement with Contento, Contento will provide a refund for the pro rata portion of any prepaid fees. You agree that Contento Ltd shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

If any users send us any feedback or suggestions regarding the Service, you grant Contento Ltd an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.

Access To The Services

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Contento Ltd of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session.

You may not use the service for any purpose which is illegal or violates any laws in your jurisdiction, in the jurisdiction of the Republic of Ireland or in any way that intentionally or unintentionally violates any applicable local, state, national or international law. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

Your Content And Data

We claim no intellectual property rights over the data and material you provide to the Service. All materials uploaded remain yours.

“Data” means any data and content you upload, post, transmit or otherwise made available via the Services including pages you add, files you upload, profile information and anything else you enter or upload into the Service. Contento Ltd will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.

In order for us to provide services to you, we require that you grant us certain rights with respect to your Data. For example, we need to be able to transmit, store and copy your Data in order to display it to you and your colleagues, to index it so you are able to search it, to make backups to prevent data loss, and so on.

Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission allows us to use third-party service providers (for example Amazon Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided. Depending on the service, this may involve moving your data across jurisdictional lines, or across country borders.

The Company will not share, disclose, sell, lease, modify, delete or distribute any Data provided by you in any manner.

The Company will also not view the Data provided by you except when given permission by you for the purpose of support.

You agree that Contento Ltd may include your business name in a list of Contento Ltd’s customers online and in print and electronic marketing materials in an appropriate fashion. If you’d prefer to not have your details included please email us at marketing@contento.com.

Conduct On Contento Ltd

You may not use the Contento Ltd Platform to:

Upload, post, transmit, or otherwise make available any of Your Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.

Upload or transmit images that contain nudity, weapons, violence or drugs.

Impersonate, or misrepresent your relationship with, any person or entity.

Upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other

proprietary rights of any party.

You are solely liable and responsible for your interactions with other users. We reserve the right to monitor disputes between you and other users, but we have no obligation to do so.

We reserve the right to terminate any account that is in breach of these terms.

Billing

You are not obligated to purchase any of the Services. If You elect to purchase Service packages or additional Services, you may elect to provide a credit card or other payment mechanism selected by You.

You agree that the Company may charge to Your credit card or other payment mechanism selected by You and approved by the Company for Your Prepaid Account (“Your Account”) and all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with Your use of the Services.

If there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Services, or subsequently designated to the Company at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins.

All payments authorized by you into your account are final. There is no refunding of your account regardless of whether you use the Services or not.

In connection with your purchase and/or use of the Service you may be subject to taxes, including, without limitation, sales and use taxes, by any authority which has jurisdiction to impose such taxes. You agree that the obligation and payment of any such taxes shall be your sole and absolute responsibility, and you agree to indemnify Contento Ltd to the extent that Contento Ltd incurs any obligations or other liabilities in connection with such taxes.

You agree that in the event The Company is unable to collect the fees owed to the Company for the Services through your Account, the Company may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by the Company in connection with such collection activity, including collection fees and legal costs. You further agree that the Company may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

Cancellation Of Account

You are solely responsible for properly canceling your account. Please use the profile settings area of the application to cancel your account.

All of your content will be immediately inaccessible from the Service upon cancellation.

Within 30 days, all this content will be permanently deleted from all backups and logs.

This information can not be recovered once it has been permanently deleted.

The Company, 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.

Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Use Of Third Party Applications And API Access

If you elect to utilize any third party application in connection with your use of the Service, by doing so you are consenting to your Content being shared with such third party application. To understand how such a third party application provider utilizes your Content and other information, you should review their privacy policy.

You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.

Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

Proprietary Rights

The Company and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of the Company’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.

Governing Law

These Terms will be governed by the laws of the Republic of Ireland, without regard to its conflict of laws principles.

Disclaimer Limitation of Liability

Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the service by you constitutes representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data.

We do not assume any responsibility or risk for your use of our service and the internet. Any and all services provided by us to you are provided “As is”, Without warranty of any kind. We disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non infringement and all warranties that May arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We and our affiliates, licensors, suppliers, and agents do not warrant that your use of our website or materials will be uninterrupted, error-free or secure, that defects will be corrected or that our website, the server (s) on which our website is hosted or our materials are free of viruses or other harmful components.

Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the service, including but not limited to claims relating to faulty, malfunctioning or inoperable service.

Limitation of Liability

In no event will we nor any of our affiliates, licensors suppliers or agents, nor our or their directors, officers, employees, consultants, agents or other representatives (“Indemnified parties”) , Be liable for any indirect, incidental, special, consequential or punitive damages or damages for loss of profits, revenue, business, savings, data, use or cost of substitute procurement, incurred by you or any third party, whether in an action in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or if such damages are foreseeable. Your sole remedy for dissatisfaction with our website, materials or any linked site is to stop using them. The sole and exclusive maximum liability of all indemnified parties collectively for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the total amount paid by you, if any, to access or use our website or our materials. Your use of our website and any materials provided through our website is entirely at your own risk. You acknowledge that the limitations of liability in these terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.