Revision: 18 July 2018

 

Please read these terms and conditions carefully before registering for a Service and/or a subscription for the Services offered on this website operated by Domatica – Global Solutions, S.A. of Rua 3 da Matinha, Bloco 1, 3ºA, 1950-326 Lisboa, Portugal, with VAT number PT 506131610.

By registering for a subscription for the Services at Domatica websites and clicking on the accept buttons, you the Customer agree to be legally bound by these Terms and Conditions and by the Privacy Notice made available in this website. These may be modified from time to time.

If you do not wish to be bound by these terms and conditions and privacy notice then you may not purchase our Services.

 

Terms of Service

By using Domatica’s websites and services of ‘Domatica EdgeServer’ and ‘DQC’ (the Services), or any services of Domatica Global Solutions (Domatica) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). 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, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES. If Domatica makes material changes to these Terms, we will notify you by email or by posting a notice on our website before the changes are effective. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your Account. While EdgeServer and DQC Service allow content to be hosted on the Services, you understand and agree that Domatica cannot be responsible for the content posted on the Services and you nonetheless may be exposed to such materials. You agree to use the Services at your own risk.

Account Terms

– You must provide your name, a valid email address, and any other information requested in order to complete the sign up process.

– You are responsible for all Content posted and activity that occurs on your EdgeServers.

– You are responsible for maintaining the security of your account and password. EdgeServer cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

– You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Payment, Upgrading and Downgrading Terms

Free accounts are not required to provide a credit card number. All paid plans must enter a valid credit card. An upgrade from the free plan to any paying plan will immediately bill you. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. To treat everyone equally, no exceptions will be made. 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. For any upgrade or downgrade in subscription plans, the credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Domatica does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the Profile tab at the bottom left of the screen. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again. Domatica, 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, or any other EdgeServer 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 loss and return of all content on your Account. Domatica reserves the right to refuse service to anyone, for any reason at any time.

Modifications of the Prices and Service

Domatica, in its sole discretion, reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanentely, as well as to change prices of all Services, including subscription plans. Pricing of all Services are subject to change upon 30 days notice from Domatica, provided at any time by posting the changes to the Domatica Website (www.domatica.io) or the Service itself. Domatica shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

Domatica own all intellectual property rights to the Service, Software and Documentation. This ownership extends to all copies and portions of these items, and all improvements, enhancements, modifications and derivative works to these items. Therefore, Customer rights to use the Services is a limited right to use, not a transfer of ownership or title, to the Service, Software, and Documentation. Customer rights to use the Software, Service and Documentation are limited to those rights expressly granted by this Agreement. Customer gets no other rights to the Software, Service and Documentation, or any related intellectual property rights in EdgeServer. Domatica reserves all rights not expressly licensed or otherwise granted under these Terms.

By setting your EdgeServers data to be viewed publicly, you agree to allow others to view your Content. Domatica claim no intellectual property rights over the data you provide to the Service. Domatica does not pre-screen Content, but Domatica and its representative have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You shall defend EdgeServer against any claim, demand, suit or proceeding made or brought against EdgeServer by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Domatica for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Domatica in connection with any such claim, demand, suit or proceeding; provided, that Domatica 1) promptly gives You written notice of the claim, demand, suit or proceeding; 2) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases EdgeServer of all liability); and 3) provides to You all reasonable assistance, at Your expense. The look and feel of the Service is copyright ©2018 Domatica Global Solutions,SA. All rights reserved. You may not duplicate, copy, or reuse any code portion, or visual design elements or concepts without express written permission from Domatica.

General Conditions

All use of our Websites and Services is at your own risk. Domatica Services are provided on an “as is” and “as available” basis, with all faults and without warranty of any kind, either expressed or implied. You understand that EdgeServer uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Domatica does not warrant that a) the service will meet your specific requirements, b) the service will be uninterrupted, timely, secure, or error-free, c) the results that may be obtained from the use of the service will be accurate or reliable, d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and d) any errors in the Service will be corrected. Support for Domatica services is only available in English, via email Ticket. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve 1) transmissions over various networks; and 2) changes to conform and adapt to technical requirements of connecting networks or devices.

To the extent permitted by law, under no circumstances will Domatica, its officers, directors, employees, independent contractors, agents, licensors, suppliers, distributors or any other third-party partners (collectively “covered parties”) be liable to Customer, or to any third party claiming through customer, for the following: 1) error or interruption of use; or 2) loss or corruption of data; or 3) loss of revenues, profits, goodwill or; 4) procurement of substitute goods and/or services; or 5) any indirect, exemplary, incidental, special or consequential damages; or 6) loss of business; or 7) any matter beyond Domatica’s reasonable control. These exclusions apply regardless of the theory of liability, or whether related to Customer use or inability to use the Service, or otherwise. To the extent permitted by law, these exclusions apply even if Domatica has been advised of the possibility of such damages. However, the above exclusions will not apply to Customer liability for a material breach by Customer of Domatica’s intellectual or proprietary rights.

The failure of EdgeServer to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and EdgeServer and govern your use of the Service, superseding any prior agreements between you and Domatica (including, but not limited to, any prior versions of the Terms of Service).

You agree that these Terms of Service and Your use of the Service are governed and interpreted according to the provisions of Portuguese law. Questions about the Terms of Service should be sent to info@domaticasolutions.com. The parties hereto, waiving any other right they may have, expressly agree that any dispute, discrepancy, question or claim arising from the performance or interpretation of these Terms and Conditions or in connection with them, directly or indirectly, shall be submitted to the competent Courts in the City of Lisbon (Portugal).

Privacy and Data Protection (GDPR)

a) Your Content

Domatica Websites do not store personal data. Domatica will not monitor Customer uses of the EdgeServer and/or the DQC Service, except: (i) as needed to provide, support or improve the provision of the Software and the Service, (ii) investigate potential or suspected fraud, (iii) where instructed or permitted by Customer, (iv) investigate potential bugs or (v) as otherwise required by law or to exercise or protect Our legal rights.
We do not claim any ownership rights in any text, files, images, photos, video, sounds, software, works of authorship, or other materials that you upload or otherwise provide to our Site (collectively, “User Content”).

b) Data Protection and Data Privacy

Domatica’s online Privacy Notice, including our Cookie Notice, describes how we will protect your privacy and handle your Personal Data when using our Websites. To the extent permitted by law, by using Our Websites and Services, you agree that Domatica can use such information in accordance with such Privacy Notice available [here].

c) Contact

Customer agrees that Domatica may contact Customer via e-mail or otherwise with information relevant to Customer use of the Service and Customer payment obligations. EU residents are entitled to have their personal data deleted from our records upon request. Please email info@domaticasolutions.com to request a copy of your personal identifiable information, or to request deletion of such data. Domatica will respond to all requests within 30 days. All requests will be saved for compliance.