Terms of Service

Posted: August 3, 2016

Thanks for using Veramine! These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services"). By using our Services, you're agreeing to be bound by these Terms, and to review our Privacy and Code of Business Conduct and Ethics policies. If you're using our Services for an organization, you're agreeing to these Terms on behalf of that organization.

Veramine Client Software

Our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Software, attempt to do so, or assist anyone in doing so.

Beta Software

As of August 2016, the Services are in beta phase. While we make every effort to maintain 100% uptime and availability, we cannot guarantee it. We are still testing and evaluating this software and therefore we cannot guarantee the availability of your data or access to Services. Additionally, new versions of the client software will be pushed automatically when available. If you would like to opt-out of automatic updates, please contact us using the email address found at the bottom of this notice.

Ownership

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, use of our trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

Paid Accounts

Billing. You can increase the data retention of the collected information and gain access to additional features by turning your account into a "Paid Account". We will automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You are responsible for all applicable taxes, and we'll charge tax when required to do so.

No Refunds. You may cancel your Veramine Paid Account at any time but you won't be issued a refund unless it's legally required.

Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it, revoke access to paid account features and services, and delete any historical data associated with your account.

Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.

Termination

You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. Except for Paid Accounts, we reserve the right to terminate and delete your account if you haven't accessed our Services for 3 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.

Services "AS IS"

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, VERAMINE MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR ANY LIABILITY FOR VERAMINE'S FRAUD, FRAUDULENT MISREPRESENTATION, OR GROSS NEGLIGENCE, IN NO EVENT WILL VERAMINE BE LIABLE FOR:

  • ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
  • ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THIS WILL BE REGARDLESS OF WHETHER OR NOT VERAMINE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

ADDITIONALLY, VERAMINE WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO VERAMINE FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION.

Some places don't allow the types of limitations in this paragraph, so they may not apply to you.

Controlling Law

These Terms will be governed by Deleware law except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.

Entire Agreement

These Terms constitute the entire agreement between you and Veramine with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability, and Assignment

Veramine's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Veraine may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

If you have any questions about these Terms of Service, please contact us via email at contact@veramine.com