Terms of Service
Last updated: February 15, 2018
The following Service Terms apply only to the specific Services to which
the Service Terms relate. In the event of a conflict between the terms of
these Service Terms and the terms of an other agreement with us governing
your use of our Services (the “Agreement”), the terms and conditions
of these Service Terms apply, but only to the extent of such conflict.
Eligibility
You must be 18 years of age or older in order to use the Services, including to
register for an account, use the Website or submit reviews or other User Content.
Please read these Terms of Service ("Terms", "Terms of Service")
carefully before using the statebe.io website
(the "Service") operated by Statebe ("us", "we",
or "our").
Your access to and use of the Service is conditioned on your
acceptance of and compliance with these Terms.These Terms apply to all
visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If
you are not willing to abide by any part of the terms then you may not
access the Service.
Accounts
When you create an account with us, you must provide us information that is
accurate, complete, and current at all times. Failure to do so constitutes a
breach of the Terms, which may result in immediate termination of your account
on our Service.
You are responsible for safeguarding the password that you use to access the
Service and for any activities or actions under your password, whether your
password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use of
your account.
Links To Other Web Sites
Statebe website may contain links to external
websites that are not provided or maintained by or in any
way affiliated with
Please note that the Statebe does not guarantee the
accuracy, relevance, timeliness, or completeness of any information on
these external websites.
Our Service may contain links to third-party web sites or services that are
not owned or controlled by Statebe.
Statebe has no control over, and assumes no
responsibility for, the content, privacy policies, or practices of any
third party web sites or services. You further acknowledge and agree that
Statebe shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by,
or in connection with use of, or reliance on any such content, goods or
services, available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies
of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior
notice or liability, for any reason whatsoever,including without
limitation, if you breach the Terms.
Upon termination, your right to use the Service will immediately cease.
If you wish to terminate your account, you may simply discontinue using the
Service.
All provisions of the Terms which by their nature should survive termination
shall survive termination, including, without limitation-
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
We may terminate your clusters or instances if you attempt to access or
tamper with any software we pre-load on the underlying instances, including the
operating system software, any container orchestration software.
Governing Law
These Terms shall be governed and construed in accordance with the laws of
United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be
considered a waiver of those rights. If any provision of these Terms is held
to be invalid or unenforceable by a court, the remaining provisions of these
Terms will remain in effect. These Terms constitute the entire agreement
between us regarding our Service, and supersede and replace any prior
agreements we might have between us regarding the Service. We offer no refunds except where required by law.
Changes
We reserve the right, at our sole discretion, to modify the product or the
product fees at any time, without prior notice to you.
Before using Statebe services read this terms of use
(“terms”) carefully. it is a legal contract governing your use of
Statebe website and services, including upgrades thereto
and materials made available therein.
We reserve the right, at our sole discretion, to refuse or cancel certain
orders, without prior notice to you.
Be sure to return to this page periodically to review the most current version
of the Terms. We reserve the right, at our sole discretion, to change or
otherwise modify or replace these Terms at any time, without prior notice to you,
and your continued access to or use of the Services signifies your acceptance of
the updated or modified Terms.
By continuing to access or use our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, please stop using the Service.
We retain the right at our sole discretion to deny access to anyone to the
Services we offer, at any time and for any reason, including, but not limited
to, for violation of these Terms.
If you have any questions about these Terms, please
contact us.
Feedback
You may provide Statebe with bug reports, suggestions
or other feedback related to the Service (collectively, “Feedback”).
By submitting any such feedback, you hereby assign to
Statebe all right, title and interest in and to such
feedback together with all intellectual property rights therein.
Marketing
Statebe may use your company name and logo to
identify you as a customer on the Site, on publicly available customer
lists, and in media releases during the term of the Agreement.
Restrictions and Responsibilities
Our content and trademarks are our exclusive property.
You will not, directly or indirectly:
reverse engineer, decompile, disassemble or otherwise attempt to discover the
source code, object code or underlying structure, ideas, know-how or algorithms
relevant to the Services, or any software, documentation or data related to the
Services (“Software”); modify, translate, or create derivative
works based on the Services or any Software (except to the extent expressly
permitted by us or authorized within the Services); use the Services or any
Software for timesharing or service bureau purposes or otherwise for the
benefit of a third; or remove any proprietary notices or labels.
You are solely responsible for the procurement and for the configuration,
operation, performance and security of any hardware or software that
you use in connection with our service, including any compatible authentication
devices.
You are responsible for configuring your backups retention periods and restore
capabilities to enable recovery of data from your backups in the event of a
hardware or file system failure.
With respect to any contracts, documentation, forms, funding agreements, or any
other material obtained through, exported, or created for you by the
Site or Service (the “Materials”), we hereby grant you a
non-exclusive, non-transferable, non-sublicensable license to use such
Materials only in connection with the Services.
You represent, covenant, and warrant that you will use the Services only in
compliance with our published policies, then in effect (the “Policy”) and all
applicable laws and regulations.
You hereby agree to indemnify and hold us harmless against any damages, losses,
liabilities, settlements and expenses (including, without limitation, costs and
attorneys’ fees) in connection with any claim or action that arises from an
alleged violation of the foregoing, or otherwise from your use of the Materials
or Services.
Payment of Fees
We accept payment by Direct Debit only
If you purchase a Sponsorship or any other services that we offer for a fee,
either on a one-time or subscription basis, you agree to pay the applicable fees
as set forth at the time of purchase as they become due, plus all related taxes,
and to reimburse us for all collection costs and interest for any overdue amounts.
By purchasing a subscription Sponsorship or another subscription, you are
expressly agreeing that we or any payment agents of ours are authorized to
charge you a recurring subscription fee on a monthly basis as set forth in the
Invoice, and any other charges you may incur in connection with your use of the
Services, including any applicable taxes, via direct debit. The subscription fee
will be billed at the beginning of your subscription, and each month thereafter,
unless and until you cancel your subscription or your payment method fails or
expires. If there is a change in payment method, please
contact us to update your billing information.
If you do not edit your payment method information or cancel your subscription,
you authorize us to continue billing you and you remain responsible for any
uncollected amounts. Failure to pay in a timely manner may result in the
termination of your subscription and/or application of late payment fees. Late
payment fees of up to £200 may be applied on invoices 30 days past due.
For subscriptions or purchases made on the Site, payment is due on the terms
applicable to that subscription or purchase as displayed at the point of
purchase.
For purchases that are invoiced by Statebe, payment is due
on invoice date.
Unpaid amounts may result in termination of Service.
Statebe reserves the right to restrict, suspend, or
terminate your access
to the Services or subscription at any time without prior notification or
liability, with or without cause including (without limitation) due to: (1)
your breach of the Terms; or (2) failure to pay applicable fees.
You will be responsible for all taxes associated with your use of Services
that are attributable or due by you.
Warranty and Disclaimer
We will use reasonable efforts consistent with prevailing industry standards to
maintain the Services in a manner which minimizes errors and interruptions in
the Services and will perform the Implementation Services in a professional and
workmanlike manner.
Services may be temporarily unavailable for scheduled maintenance or for
unscheduled emergency maintenance, either by us or by third-party providers,
or because of other causes beyond our reasonable control, but we will use
reasonable efforts to provide advance notice by e-mail of any scheduled service
disruption.
However, we do not warrant that the Services will be uninterrupted or error
free; nor do we make any warranty as to the results that may be obtained from
use of the Services.
Except as expressly set forth in this section, the services and
implementation services are provided “as is” and we disclaim all warranties,
express or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and non-infringement.
Indemnity
We will hold you harmless from liability to third parties resulting from
infringement by the Service of any UK patent or any copyright or
misappropriation of any trade secret, provided we are promptly notified of any
and all threats,claims and proceedings related thereto and given reasonable
assistance and the opportunity to assume sole control over defense and
settlement; We will not be responsible for any settlement it does not approve in
writing.
The foregoing obligations do not apply with respect to portions or components
of the Service
(i) not supplied by us
(ii) made in whole or in part in accordance with your specifications
(iii) that are modified after delivery by us
(iv) combined with other products, processes or materials where the alleged
infringement relates to such combination
(v) where we continue allegedly infringing activity after being notified thereof
or after being informed of modifications that would have avoided the alleged
infringement, or
(vi) where your use of the Service is not strictly in accordance with these Terms.
If, due to a claim of infringement, the Services are held by a court of
competent jurisdiction to be or are believed by us to be infringing, we may,
at our option and expense
(a) replace or modify the Service to be non-infringing provided that such
modification or replacement contains substantially similar features and
functionality
(b)obtain for you a license to continue using the Service, or
(c) if neither of the foregoing is commercially practicable, terminate our
agreement under these Terms and your rights hereunder and provide you a refund
of any prepaid, unused fees for the Service.
Limitation of Liability
Notwithstanding anything to the contrary, except for bodily injury of a person,
we and our officers, affiliates,representatives, contractors and employees
will not be held responsible or liable with respect to any subject matter
of these terms related thereto under any contract, negligence, strict liability
or other theory:
(A) for error
or interruption of use or for loss or inaccuracy or corruption of data or cost
of procurement of substitute goods, services or technology or loss of business;
(B) for any indirect, exemplary, incidental, special or consequential damages;
(C) for any matter beyond our reasonable control; or
(D) for any amounts that, together with amounts associated with all other
claims, exceed the fees paid by you to us for the services under these terms in
the 12 months prior to the act that gave rise to the liability, in each case,
whether or not we have been advised of the possibility of such damages.
Miscellaneous
If any reference in these Terms is found to be unenforceable or invalid, that
provision will be limited or eliminated to the minimum extent necessary so
that these Terms will otherwise remain in full force and effect and enforceable.
Our agreement under these Terms is not assignable, transferable or sublicensable
by you, except with our prior written consent.
We may transfer and assign any of our rights and obligations under these Terms
without consent.
Our agreement under these Terms is the complete and exclusive statement of the
mutual understanding of the parties and supersedes and cancels all previous
written and oral agreements, communications and other understandings relating
to the subject matter of these Terms, and that all waivers and modifications
must be in writing and signed by both parties, except as otherwise provided
herein.
No agency, partnership, joint venture, or employment is created as a result of
our agreement under these Terms, and you do not have any authority of any
kind to bind us in any respect whatsoever.
In any action or proceeding to enforce rights under these Terms, the prevailing
party will be entitled to recover costs and legal fees.
All notices under these Terms will be in writing and will be deemed to
have been duly given when received, or if transmitted by email, the day after
it is sent.