Terms of Service
Please read this Agreement carefully before accessing or using the Service. You agree to be bound by the Agreement by clicking the “accept” button, registering, or otherwise using the Services. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If you are entering into this Agreement on behalf of other legal entities, you must have the rights to bind all of the affiliates of that legal entity.
If these terms and conditions are considered an offer by Ardoq, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 16 years old.
- Your Ardoq.com Account and Site
If you create an account on the Service, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Ardoq of any unauthorised uses of your account or any other breaches of security. Ardoq will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.In addition to the personal user account, an organization account can be created for collaboration between users. In such cases, organization administrators are responsible for the content, security, distribution of permissions and approval of licenses in that organization account.
- Data Ownership
The data you create in the Service is owned by you. In the event you are contributing data to an organization account, the organization and it’s administrator(s) then own that data.Ardoq provides a standardized format file format to export your data. Some visualizations can be exported in .PNG or .SVG formats. All data exportation is available at any time.Upon an eventual discontinuation of the service, Ardoq will notify all users and allow 30 days to export any data they may need.You may access our REST (/api) to access your data in a structured way and export your organizations content.
For support purposes, Ardoq has internal administrators which have the possibility to access your data, but our internal policy requires administrators to ask permission to access it.
All data created in the Service is treated as confidential information. In the event that an employee of Ardoq is required to access your data, this employee is obligated to maintain the confidentiality and security of Confidential Information. The Employee will not disclose such information to anyone outside Ardoq without your prior written consent. Nor will employee make use of any Confidential Information for his own purposes.
- General obligations.
You are responsible for all activity that occurs under your account and are entirely responsible for the content of and any harm resulting from such activities. You may not use the Service for any illegal, unauthorised or improper purposes or for any activity that infringes any third party rights.Ardoq reserves the right to remove content and/or close your accounts containing what Ardoq in its sole discretion deems may be unlawful, unauthorised or improper, may violate any third party’s intellectual property, may imply a breach of the terms of this Agreement or may otherwise expose Ardoq for risk of criticism. In the case of such termination, Ardoq will have no obligation to provide a refund of any amounts previously paid to Ardoq.You agree not to use, access, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service other than in accordance with this Agreement without the express written permission by Ardoq. You shall not transmit any worms or viruses or any code of a destructive nature.You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
If you delete content from the Services, Ardoq will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the content may not be made immediately unavailable
- Payment and Renewal
Ardoq offers different subscription plans, depending on your preferred choice of service content and payment methods (“Plan”).
By selecting a Plan you agree to pay Ardoq the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a Plan and will cover the use of the Service for a monthly or annual subscription period as indicated.
- Account Terms
You must provide your legal full name, valid email address in the signup process. A user account cannot be shared between other persons or organizations. You may create as many accounts as your Plan allows for. You are responsible for keeping your login information secure. You are responsible for all the content created in your account and of accounts belonging to your account.
Modifications to the Service and prices
Ardoq reserves the right to modify, change or discontinue the Service or any part thereof. Prices are subject to change with 30 days notice from us. Ardoq is not liable to you or any third party for any modification, price change or discontinuation of the Service.
Upgrade and downgrading
If you increase the number of accounts tied to your Plan, you will be billed immediately for the increased number of accounts. You may replace an existing user account with a new account without paying for additional accounts. If you downgrade your Plan, you might loose information or content. Ardoq takes no responsibility for such loss.
- Automatic renewal
Unless you notify Ardoq via the Account Administration, before the end of the applicable subscription period that you want to cancel a Plan, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Plan (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Plans may be canceled at any time in the Account section of your organization’s menu.
- Handling of third party claims
In the event a claim, demand, suit or action alleging infringement is brought, or Ardoq believes one may be brought on the merits that the Service infringes any third party intellectual property rights, Ardoq shall have the right, but not the obligation, at its own expense to: (i) Modify the Service to avoid the allegation of infringement while at the same time maintaining the compliance of the Service with the requirements of the Agreement. (ii) Obtain the rights required for you to continue using the Service.Ardoq shall have the right to terminate the Agreement if Ardoq fails to overcome a claim of infringement in accordance with this article.
- Intellectual Property
This Agreement does not transfer from Ardoq to you any Ardoq or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Ardoq. Ardoq, Ardoq.com, the Ardoq.com logo, and all other trademarks, service marks, graphics and logos used in connection with Ardoq.com, or the Service are trademarks or registered trademarks of Ardoq or Ardoq’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Ardoq or third-party trademarks.Save as set out above, Ardoq claims no intellectual property rights in the material provided by you.Your profile and materials uploaded by you remain your property.
Ardoq reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. In the case of organizations, we will notify all organization administrator(s) of any changes to this agreement.Continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Ardoq may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. This Agreement may only be modified by a written amendment signed by an authorized executive of Ardoq, or by the posting by Ardoq of a revised version.
Ardoq may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Ardoq.com account (if you have one), you may simply terminate your account. If you terminate your account, all of your data and contents will be destroyed immediately and cannot be recovered. If a user terminates their account and they have contributed data to an organization account, the data within that organization will not be deleted unless explicitly done so by an organization administrator.You are solely responsible for properly terminating the account in accordance with then applicable procedures for the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
The Service is provided “as is”. Ardoq and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Ardoq nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through the Service at your own discretion and risk.
- Limitation of Liability
In no event will Ardoq, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Ardoq under this agreement during the twelve (12) month period prior to the cause of action. Ardoq shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.Ardoq shall not be liable towards you for any non-fulfilment of requirements set out in the Agreement which arises as a result of Amazon’s failure to perform its rights and obligations-, or if Amazon exercises its rights under the agreement between Ardoq and Amazon.
- General Representation and Warranty
You agree to indemnify and hold harmless Ardoq, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Ardoq may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Amazon Web Services
Ardoq makes use of Amazon Web Services for the provisioning of the Services. Amazon offers a set of infrastructure and application services that enable Ardoq to run the Software in the cloud. Ardoq shall in any event have corresponding rights and obligations towards you as Amazon has towards Ardoq in accordance with the then current Amazon user terms. Ardoq may replace Amazon as a supplier. Ardoq will seek to notify you of such replacement.
- Governing law etc.
This Terms of Service shall be governed by the laws of Norway, and the parties hereby submit to the exclusive jurisdiction of the Oslo District Court.
Version 1.1 – Published 30.05.2016
This Terms of Service is modification of the Terms of Services created by WordPress.com, available under a Creative Commons Sharealike license.