Terms of Service

Last updated: 20 August 2016

 

Welcome, and thanks for using Apteriks services! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the Terms of Service below.

  1. Agreement

    1. These Terms of Service apply to the services provided by Apteriks ("us", "we", or "our") at the website located at www.apteriks.com (the Site).
    2. You agree that by registering, accessing or using our services you are entering into a legally binding agreement.
    3. This Agreement includes the Privacy Policy and Cookies Policy, as well as other terms that will be displayed to you when you install the Apteriks Sentinel agent.
    4. Apteriks reserves the right to change, modify, add or remove portions of these Terms of Service, at any time; these changes will be mentioned on the News page. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
    5. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT ACCESS OR OTHERWISE USE ANY OF OUR SERVICES.
  2. Ownership

    1. The Site, including its all elements, is the property of Apteriks. Apterisk reserves all of its intellectual property rights in the Services.
    2. No part of the Site and no Content may be copied, reproduced or republished to any other computer or Web site.
  3. Services

    1. Right to use. Apteriks grants you the right to access and use the Services as described in this Agreement.
    2. Use of Site. You may not attempt to gain unauthorized access to any portion or feature of the Site by any illegitimate means.
    3. Updates. We reserve the right to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine upgrades, maintenance, error correction, or other changes.
    4. Service Availability. We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
  4. Payment

    1. If you purchase any of our paid Services ("Premium Services"), you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription.
    2. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
    3. You authorize us to engage with a Payment Prosessing company to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services.
    4. You must pay us for applicable fees and taxes unless you cancel the Premium Service, in which case you agree to still pay these fees through the end of the applicable subscription period.
    5. Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated, which may result in a loss of your data associated with that Service.
  5. Customer Accounts

    1. Account ownership and responsibility. Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account.
    2. Account usage history. For security and troubleshooting purposes, as well as for provision of Logging services, we may keep the history of your logins and actions. This information is never disclosed to a third party.
  6. Suspension and Termination of Service

    1. Apteriks or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services.
    2. Termination by You. If you terminate a subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle. Instead, the Service included in your subscription will continue to be provided to you until the end of the billing cycle.
    3. Termination by Apteriks. Apteriks may limit, suspend or stop providing the Service to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Service in a way that causes legal liability to us or disrupts others' use of the Service. Apteriks has no obligation to retain your Data upon termination of Service.
    4. Sections 7 and 8 of this Agreement shall survive the termination.
  7. Disclaimer and Limit of Liability

    1. No warranty. TO THE EXTENT ALLOWED UNDER LAW APTERIKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE.
      APTERIKS DOES NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS.
      THE SERVICE AND ITS CONTENT IS PROVIDED ON AN “AS-IS”, “WITH ALL FAULTS” AND “AS-AVAILABLE” BASIS.
    2. Exclusion of liability. TO THE EXTENT PERMITTED UNDER LAW APTERIKS SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. DOWN TIME OR LOSS).
    3. Links to Other Sites. This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Apteriks’ control, and Apteriks is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
  8. Dispute Resolution

    1. You agree that the laws of The Netherlands shall exclusively govern any dispute relating to this Agreement and/or the Services.