Terms & Conditions
Last Updated: 02.04.2024
Introduction
These Terms and Conditions ("Terms") govern your use of our website www.caplos.com and our app app.caplos.com which provides solutions for internal communications, task and docs management ("Services"). By accessing or using our Services, you agree to the terms of this agreement.
Use of Services
You are authorized to use our Services for your company's internal business operations throughout the duration of your Subscription, provided that you comply with our Terms of Service. Your access to the Services is strictly personal, and it cannot be transferred to any other entity, including affiliated companies, if applicable.
It is your responsibility to ensure that your use of the Services remains within the limits of your Subscription.
In the event that any User Data breaches the terms of our agreement, we reserve the right to suspend or disable your access to such data.
Caplos may temporarily deactivate your account if your usage significantly surpasses the allocation specified for your Subscription. Caplos will typically notify you before taking any action, except in rare cases where such usage may negatively affect the performance of the Services for other customers.
User Accounts
To use certain features of our Services, you may need to create a user account.
It is your responsibility to ensure that each of your authorized users maintains a secure password for accessing the Services and keeps it confidential. You are also responsible for maintaining the security of your account and password. Failure to comply with this security obligation may result in Caplos not being liable for any loss or damage incurred as a result of unauthorized access. Any activities conducted using your account credentials will be your responsibility. And you agree to notify us immediately of any unauthorized use of your account or any other breach of security.
You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
Payment and Refunds
In case you opt for our free version of any Service, it is really free. You won't be requested to provide your credit card details, and we won't trade your data, just as we don't do for our paying customers.
If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
If you are on a paid Subscription, you must remit the Subscription Fees to Caplos as stipulated in the Subscription plan. Caplos retains the right to modify the Subscription Fees at any time. We will provide notification of such changes through the Caplos website or via email to the address associated with your account. The modifications will become effective at the conclusion of the current Subscription period or at any time if you are on a free Subscription.
The prices quoted do not include any applicable legal value-added taxes, tariffs, or other taxes or fees. The responsibility for paying these additional charges rests with the Client.
It is required that you furnish Caplos with accurate, current, and complete credit card information, along with any other pertinent and complete contact and billing details. Furthermore, by agreeing to these terms, you are granting Caplos the authority to charge the credit card provided by you for the Subscription Fees applicable during the Initial Subscription Term and on a monthly basis thereafter for each subsequent Renewal Period.
If you purchase any paid Services, you agree to pay all applicable fees and taxes. All payments are non-cancellable and non-refundable unless otherwise stated in writing by us.
Intellectual Property
Our Services and all content and materials included therein, such as text, graphics, logos, button icons, images, audio clips, and software, are owned or licensed by us and are protected by United States and international copyright laws. You may not copy, reproduce, distribute, display, or create derivative works from any part of our Services without our prior written permission.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Privacy
Your privacy is important to us. Please see our Privacy Policy for information about how we collect, use, and disclose information.
Prohibited Conduct
You agree not to use our Services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our Services or interfere with any other party'suse and enjoyment of our Services. You also agree not to use our Services to:
- Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
- Engage in any activity that interferes with or disrupts our Services or servers or networks connected to our Services; or
- Attempt to gain unauthorized access to our Services or any other accounts, systems, or networks.
Limitations of Liability
Caplos, its suppliers, officers, affiliates, representatives, contractors, or employees shall not be liable to you for any incidental, consequential, special, or exemplary damages arising from or related to this Agreement, including but not limited to lost profits, loss of business, or loss of data, even if Caplos has been informed of the possibility of such damages occurring.
Caplos' aggregate liability of all types arising from or related to this Agreement (including warranty claims), irrespective of the forum and whether any action or claim is based on contract, tort, or otherwise, will not exceed the Subscription Fees that you paid to Caplos within the twelve (12) months prior to the occurrence of the events giving rise to the claim. The limit will not be enlarged by multiple claims.
Every provision in this Agreement that establishes a limitation of liability, disclaimer of warranties, or exclusion of damages is designed to distribute the risks of this Agreement between the parties. This distribution is reflected in the pricing that Caplos offers to the Customer and is an essential part of the basis of the agreement between the parties. Each of these provisions is separable and distinct from all other provisions of this Agreement. The limitations stated in this Section (Limitations of Liability) will remain applicable even if any limited remedy in this Agreement fails in its essential purpose.
Please note that in certain jurisdictions, excluding or limiting damages may not be permissible by law. Therefore, the limitations of liability outlined in this Section (Limitations of Liability) shall apply to the extent permitted by applicable law.
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Indemnification
You agree to indemnify, defend, and hold us harmless from any claims, damages, or expenses, including attorneys' fees, arising out of or in connection with your use of our Services or your breach of these Terms.
Cancellation and Termination
It is your responsibility to cancel your account appropriately. We provide a straightforward cancellation link within all of our Services, which does not require any explanations. If you need help canceling your account, you can always contact us on [email protected]
Upon transitioning to the Free plan or upon expiration of your free trial, you will be prompted to select the specific users and teams that you intend to retain. In the event that you do not make any selections, we will make random selections on your behalf. It is important to note that any users or teams not chosen will be inaccessible immediately, along with their associated data and content. Within 30 days, all content will be permanently deleted from active systems and logs.
In the event that you decide to cancel the Service prior to the conclusion of your present paid-up period (monthly, quarterly, annually), your cancellation will become effective immediately after the termination of the period in question, and no further charges will be applied. Please be aware that, in accordance with the terms outlined in the "Payment and Refunds" section, refunds for the current period's payment will not be granted.
We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.