Terms of Use (also known as Terms of Service and Terms and Conditions, commonly abbreviated as TOS or ToS, ToU or T&C) are the legal agreements between a service provider and a person who wants to use that service. The person must agree to abide by the terms of service to use the offered service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Use:
These are the Terms of Use governing the use of this Service and the agreement that operates between You and Ascentis. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use 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 of Use. If You disagree with any part of these Terms of Use then You may not access the Services.
By agreeing to these Terms of Use, You agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using our services, please carefully review our Privacy Policy. All personal information provided to us because of Your use of our services will be handled in accordance with our Privacy Policy. To the extent that there are inconsistencies or conflict between the Terms of Use and our Privacy Policy, the Terms of Use will prevail.
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 account, whether Your password is with Our Service or a Third-Party Sites.
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.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Ascentis provides a self-service model for you to access and manage your data. Should Ascentis engineers or subcontractors need access to your data, such as when troubleshooting an issue, they have to explicitly be approved for access by you. You are responsible for subscribing to your own outsourcing service provider to access the Services.
The operational processes and controls that govern access to and use of your data are protected by strong controls and authentication, such as multi-factor authentication, which helps limit data access to authorized personnel only. You are responsible to validate the user accounts who are authorized to use the Services. Please ensure regular checks and remove unauthorized user accounts including Ascentis staff if they are deemed not necessary to have the access to the Services. This includes access, roles and features for each of the users.
Ascentis will comply with all applicable privacy and data security laws and regulations governing its processing and storage of Customer data. During the Subscription Term, Ascentis shall maintain and conform to a security program in accordance with industry standards that is designed to secure the Customer data and protect against unauthorized disclosure or access of Customer data. Such security programs shall include the implementation of appropriate administrative, technical, and physical safeguards.
You are responsible for maintaining the security of your usage to the Services. Ascentis will not be liable for any loss or damage from your failure to comply with this security obligation.
Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Ascentis is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Ascentis reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with these Terms, refuse, or remove this Content. Ascentis further reserves the right to make formatting and edits and change the manner of any Content. Ascentis can also limit or revoke the use of the Service if You post such objectionable Content. As Ascentis cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Ascentis be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, Ascentis does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
Ascentis will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that Ascentis has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
Ascentis recommends that You maintain a complete and accurate copy of your Content in a location independent of the Service.
The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of Ascentis and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
If You send or transmit any communications or materials to Ascentis by mail, electronic mail, telephone, or otherwise, suggesting or recommending changes to our application or Service, including without limitation, new features or functionalities relating thereto, any comments, questions, suggestions, or the like, all such Feedback are, and will be treated as, non-confidential and non-proprietary. This means that You give up any claim that the use of such Feedback by Ascentis or its agents, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, rights of publicity, rights to credit for material or ideas, or any other right, including the right to approve the way Ascentis uses such Feedback.
You hereby assign all right, title, and interest in, and Ascentis is free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You agree and understand that Ascentis is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Ascentis.
Ascentis 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 Ascentis 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 the 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.
We reserve the right to modify our Services at any time, with or without notice to You. For example, we may add or remove functionalities or features, and we may suspend or stop a particular feature altogether. We also reserve the right to charge a fee for any of our features at any time.
In no event shall Ascentis and/or its respective suppliers be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the Services.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Services may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting Ascentis.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
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, in whole or in part, please stop using the Services.
If you have any questions about these Terms of Use, You can contact us by visiting this page on our website.
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