Terms Of Use - Ten Days
Thank you for using
Ten Days.The
Terms of Use (the “Terms”) govern your access to and use of Ten Days, so please
carefully read them before using Ten Days online services. Ten Days is a business
operations platform based onCloud Computing technologies. By using
Ten Days you agree to be bound by all Terms. If you are using Ten Days on behalf of
an organization, you are agreeing to these Terms for that organization and promising
that you have the authority to bind that organization to these terms. In that case,
“you” and “your” will refer to that organization. If you do not agree to all of
these Terms of Use, you may not use Ten Days. These Terms of Use may be revised or
updated by Ten Days from time to time and at any time without
notice to you. In addition, when you use any of Ten Days services you will also be
subject to the local, state and union laws, regulations, and rules applicable to the
use of these Services.
Ten Days online Services
Ten Days online Services, as used herein, are offered at
tendaysapps.com, and other websites ( the ‘Websites’), or are
available through a third party’s server. Ten Days online Services shall only be
used as specifically provided for in these Terms of Use. Ten Days may modify or
discontinue offering or supporting any or all of Ten Days online Services at any
time, for any reason, without notice, and without liability to you or any other
party.
Use of Products and Services
Ten Days grants you a limited, non-exclusive, and non-transferable right to use Ten
Days online Services in accordance with these Terms of Use such that the use shall
not violate any provision in these Terms of Use. You must have a valid Ten Days
account for the duration of your right to use the Services. A valid Ten Days account
may only be created and maintained by you upon agreeing to these Terms of Use and
providing accurate and complete Personal Information in the sign up process. To
maintain a valid Ten Days account, you must keep your Personal Information updated,
regularly assure the accuracy of such information, make timely payment of any fees
owed to Ten Days, and maintain and strictly comply with these Terms of Use. In
exchange for the limited, non-exclusive, and non-transferable right to use the
Products and Services, you are responsible for maintaining the confidentiality of
your Ten Days account and password and for restricting access to your computer. You
agree to accept complete responsibility for all activities that occur in connection
with your Ten Days account and password. The use of Ten Days online Services
requires a certain level of knowledge and familiarity with the Internet and the
World Wide Web. It is not the responsibility of Ten Days to provide free support to
you for the use of the Internet, World Wide Web, or Ten Days online Services. Only
Ten Days Services or Modules or Solutions marked as ‘free’ or ‘no charge’ are free
or without charge, all other Services or Modules or Solutions are provided for a fee
and you are liable to Ten Days for such fees. Ten Days S.A retains the right to
request that a free user must convert to a paid subscription by giving proper notice
(such as a 30-day notice) that such a change is required. In such an event, Ten Days
retains the right to discontinue accounts that do not upgrade to a paid
subscription. Ten Days retains the right to discontinue free accounts that are not
in reasonable use upon similar notice as described before.
Representations and Warranties
You represent and warrant that you shall not assign, grant, grant a security
interest in, or transfer Ten Days online Services to any third party and that you
shall not directly or indirectly enable any third party to use Ten Days online
Services. You represent and warrant that you shall not use Ten Days online Services
in connection with any automated device and that Ten Days online Services shall only
be used through a personal computer under your manual control. Ten Days represents
and warrants that has the title, right, power, interest, and authority to offer Ten
Days online Services and to grant the limited, non-exclusive, and non-transferable
rights herein. Ten Days further represents and warrants that Ten Days online
Services are free from any intentionally created security threat.
Disclaimer of Warranties. Limitations of Liability. Indemnification
Notwithstanding the foregoing Representations and Warranties, Ten Days makes no
other representation or warranty with respect to Ten Days online Services and
specifically disclaims all other representations and warranties, whether express or
implied, arising out of or relating to these Terms of Use or Services, including,
without limitation, any implied or statutory representation or warranty with respect
to the merchantability, fitness for a particular purpose, and non-infringement of
Intellectual Property or another proprietary right by Ten Days online Services. To
the fullest extent permissible by applicable law, Ten Days expressly disclaims any
and all responsibility or liability for the accuracy, availability, content,
completeness, legality, operability, or reliability of any data, information, or
material in connection with Ten Days online Services. Ten Days online Services are
provided on an ‘as is’ and ‘as available’ basis. You understand and agree that you
access, download, or otherwise obtain data, information, and materials from Ten Days
online Services at your own discretion and risk and that you will be solely
responsible for any damage to your computer (or any software or hardware thereof) or
any loss of data or information in connection with Ten Days online Services. You
shall completely indemnify and hold Ten Days harmless from and against all actions,
claims, damages, demands, liabilities, losses, and suits including, but not limited
to, reasonable attorneys fees and costs from any and all actions, claims, damages,
demands, liabilities, losses, and suits asserted against Ten Days that may arise or
result, directly or indirectly, from your use of Ten Days online Services or
violation of these Terms of Use. In the event that a court of competent jurisdiction
finds that you violated any of these Terms of Use, including the Representations and
Warranties made herein, you shall, at Ten Days SA’s sole discretion, promptly
indemnify Ten Days for any costs, expenses, or losses, including adequate
compensation for any loss of business suffered by Ten Days, associated with the
violation of these Terms of Use. Under no circumstance shall Ten Days be liable to
you or to any third party for any damages of any kind, including, but not limited to
direct, indirect, incidental, punitive, special, exemplary, or consequential
damages. This provision shall apply to prevent the liability of Ten Days for any
direct, indirect, incidental, punitive, special, exemplary, or consequential damages
whether such action, claim, or suit is based on contract, negligence, tort,
warranty, or otherwise (even if Ten Days been advised of the possibility of such
damages). Such limitation of liability shall apply whether or not the damages arise
directly or indirectly from the use or misuse of, or reliance upon, Ten Days online
Services; from the inability to use the Products and Services, including mistakes,
omissions, interruptions, deletion of files, errors, defects, delays in operation,
or any failure of performance not limited to acts of God, communication failure,
theft, or destruction; or from the interruption, suspension, or termination of Ten
Days online Services. Such limitation on liability shall apply notwithstanding any
failure of essential purpose of any limited remedy and to the fullest extent
permitted by law.
Acceptable Use and Lawfulness
You shall use Ten Days online Services only for lawful purposes. You are prohibited
from using Ten Days online Services for the distribution, housing, processing,
propagation, storage, or otherwise handling in any way abusive, defamatory,
harassing, libelous, lewd, obscene, pornographic, threatening, or tortuous material,
or any other material (including links to such material) that Ten Days deems, in its
sole discretion, to be objectionable whether or not such material is unlawful. You
agree to defend, indemnify, and hold Ten Days SA harmless from any action, claim, or
suit resulting, directly or indirectly, from your use (or allowed use by others) of
Ten Days online Services to disparage, denigrate, or otherwise damage or injure the
reputation of any third party. You shall not use Ten Days online Services to
impersonate, alter the attribution of origin, misidentify or conceal the identity of
the sender, recipient, or another person, or to misrepresent authorization to act on
behalf of a third party.
Renewals
You agree that Ten Days shall have the right to renew your license to continue to
Use Ten Days online Services upon expiration of your then-current license and that
as part of such renewal Ten Days shall have the right to charge the applicable
renewal fees and any applicable taxes, which may be different than those you paid
when you initially purchased or last renewed your license for Ten Days online
Services to any credit card you used to purchase your then-current license. You
agree that if you elect to not permit Ten Days the right to automatically renew your
license to Use Ten Days online Services or your credit card information on file with
Ten Days does not permit automatic renewal, then Ten Days may terminate your license
if you do not otherwise renew your license.
Refunds
By purchasing a license, you acknowledge that you are aware of the opportunity to
“try before you buy” by using a free or evaluation Ten Days online Services. Ten
Days shall not offer a money-back option for Ten Days online or Services.
Termination and Cancellation
Unless superseded by another agreement with Ten Days, Ten Days may immediately
terminate, at any time and without notice and without penalty, your limited,
non-exclusive, and non-transferable right to use the Products and Services upon your
breach of any provision of these Terms of Use. Your cancellation of any agreement,
whereby you have the right to use Ten Days online Services, including your
obligation to make timely payment of any amount owed for the right to use Ten Days
online Services and to adhere to these Terms of Use, shall not be effective until
you complete the cancellation process through valid Ten Days cancellation process.
No method, other than completion of the cancellation process through your Ten Days
account shall be effective to discontinue your obligation to make timely payment of
any amount owed for the right to use Ten Days online Services and to adhere to these
Terms of Use. Unless and until you have canceled your account, you agree that may
automatically invoice or charge the credit card on file for the full amount of each
succeeding month‘s subscription, or in the case of an annual subscription, for each
succeeding year. If either Ten Days terminates or you cancel your right to use Ten
Days online Services, Ten Days shall have all the legally available rights and
privileges to receive any outstanding amount owed by you to Ten Days. Ten Days SHALL
HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND
ACCESS TO ALL OR ANY PORTION OF TEN DAYS ONLINE SERVICES TO USERS WHO ARE DEEMED BY
Ten Days TO BE USING TEN DAYS IN A MANNER NOT REASONABLY INTENDED BY Ten Days OR IN
VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A USER’S
ACCOUNT WITH Ten Days AND THE LICENSE TO USE TEN DAYS ONLINE SERVICES
Customer support
Ten Days may, in its sole discretion, provide customer support or service to you.
This service may be available only on selected days and during a limited number of
hours. Service may also only be made available through certain delivery vehicles
such as email or telephone and some services may only be available for the payment
of an additional fee or charge. As part of the delivery of services, Ten Days may
employ a variety of tools to aid in the process of resolving your issues as a user.
You grant Ten Days the right to use these tools and hold Ten Days harmless for the
use of these tools as well as the guidance provided by its customer support staff
who, you acknowledge, cannot be fully aware of all of the complexities associated
with Ten Days online Services, your computer, or all of the related or associated
infrastructure that may affect the performance of your systems or the encryption and
backup of your files.
INTELLECTUAL PROPERTY COMPLAINT PROCEDURE
Ten Days respects all Intellectual Property rights. For that reason, if you believe
that your Intellectual Property has been infringed or violated by Ten Days in any
way, please provide Ten Days with the following information: A description of the
material that you allege has been infringed or violated; A copy or specimen of the
material that you allege has been infringed or violated; The date of first use and a
description of such use of the material that you allege has been infringed or
violated; Any application, prosecution, registration, or renewal information in
connection with the material that you allege has been infringed or violated; A
description of where the material is located that you allege infringes or violates
your material; Your full name, current mailing address, telephone number, and e-mail
address; A statement by you that you are the true and correct owner of the material
that you allege has been infringed or violated, or are the agent of the owner of the
material alleged to be infringed or violated; A statement by you that the foregoing
information is accurate and complete in all respects; and Your electronic or
physical signature, or the electronic or physical signature of the agent authorized
to act on behalf of the owner of the material alleged to be infringed or violated.
Ten Days understands that you take your privacy seriously, and this Privacy Policy
will detail the Personal Information that is collected by Ten Days and how this
Personal Information is used. This Privacy Policy may be updated by Ten Days from
time to time and at any time without notice to you. Personal Information is
information that identifies you or relates to your use of Ten Days online Services.
Ten Days collects Personal Information from you that you enter to obtain a valid Ten
Days account or give to Ten Days in any other way. You can choose not to provide
certain Personal Information, but then you may not be able to take advantage of
certain features offered by Ten Days. Ten Days uses the Personal Information to
respond to your requests, customize features, develop new products and services,
improve existing Products and Services, communicate with you, or for any other
reason. The Personal Information collected by Ten Days is kept completely private
and confidential and is not shared with third parties. Ten Days shall make no effort
to validate any information provided by you. Although Ten Days does not license or
sell your Personal Information to third parties, Ten Days may disclose your Personal
Information as required by law or if Ten Days has a good faith belief that the
disclosure of your Personal Information is reasonably necessary to protect the
rights, property, or safety of you, Ten Days, or another third party. In addition to
Personal Information, Ten Days may collect information and/or track data on your use
of the Products and Services. This statistical information and data is used to
improve Ten Days online Services.
Data protection and ownership
Ten Days guarantees to Ten Days online Services users that they can obtain all the
data they have entered on the Ten Days platform as a database copy necessary to use
these data on a different platform from Ten Days or in the same Ten Days platform
provided as an on-premise installation. In this way, Ten Days ensures Ten Days users
the absence of any form of technical or contractual dependency. It allows users to
encourage competition if they wish and change supplier at a reasonable cost. Ten
Days also guarantees that the users’ data will never be transmitted to other
organizations or other people, except in the exceptional case of an injunction
resulting from a court decision. Ten Days also guarantees that the Customer data are
kept separately and so are not mixed with other customer data for maximum security
and privacy. Whenever you leave Ten Days online services, Ten Days guarantees that
no data of your Ten Days instance will be kept by us, either online or offline.