<concept> Terms of Service <concept>

Current version: June 2017


Definitions

Agreement - this Terms of Service document

Content - all information and/or files that are stored in or available via the Software

Software - the Topicus KeyHub application including the Docker-container it is digitally shipped in

Support System - the support system available via https://topicuskeyhub.freshdesk.com/

User - a physical human that using the Software with his unique account


Acceptable Use

Compliance with Laws and Regulations

Your use of the Software must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your and your Users' use of the Software is in compliance with laws and any applicable regulations.


Software Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Software without Topicus' express written permission.


User Content

Topicus is not responsible for any content that is stored in the database of the Software.


Intellectual Property Notice

Topicus' Rights to Content

Topicus retains ownership of all intellectual property rights of any kind related to the Software. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Software is copyright Topicus BV. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, Java, or visual design elements or concepts without express written permission from Topicus. 


Topicus KeyHub Trademarks and Logos

If you would like to use Topicus KeyHub's trademarks, you must follow all of our trademark guidelines.


License to Topicus Policies

This Agreement is licensed under the Creative Commons Attribution license. You may use it freely under the terms of the Creative Commons license. 


API Terms

Limitation of Liability for API Use

You understand and agree that Topicus is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Topicus has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.


Cancellation and Termination

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Communications with Topicus KeyHub

Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from the Software in an electronic form via the email addresses stored in the Software; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section doen not affect your non-waivable rights. 


Legal Notice to Topicus Myst Be in Writing

Communications made through email or Topicus KeyHub Support's messaging system will not constitute legal notice to Topicus or any of its officers, employees, agents or representatives in any situation where notice to Topicus is required by contract or any law or regulation. Legal notice to Topicus must be in writing and served on Topicus' legal address: Singel 25, 7411HW, Deventer, The Netherlands. 


No Phone Support

Topicus only offers support via email and the Support System. We do not offer telephone support. 


Disclaimer of Warranties

Topicus provides the Software "as is" and "as available", without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Software including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.


Topicus does not warrant that the Software will meet your requirements; that the Software will be uninterrupted, timely, secure, or error-free; that the information provided through the Software is accurate, reliable or correct; that any defects or errors will be corrected; that the Software will be available at any particular time or location; or that the Software is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained form the Software. 


Limitation of Liability

To the maximum extent permitted by applicable law, each party's total cumulative liability to the other party or any third party under this Agreement from all causes of action and all theories of liability will be limited to and will not exceed the fees you've actually paid us during the 24 months preceding the claim giving rise to such liability.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

  • the use, disclosure, or display of your Content;
  • your use or inability to use the Software;
  • any modification, price change, suspension or discontinuance of the Service;
  • the Software generally or the software or systems that make the Software available;
  • unauthorised access to or alterations of your transmissions or data;
  • statements or conduct of any third party on the Service;
  • any other user interactions that you input or receive through your use of the Software; or
  • any other matter relating to the Software.


Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.


Releases and Indemnification

Customer’s Indemnification
You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.


Changes to these Terms of Service

We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Software constitutes agreement to our revisions of these Terms of Service.


Miscellaneous

Complete Agreement
These Terms of Service represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Topicus relating to the subject matter of these terms.