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Effective starting: May 2, 2016
These Terms of Use serve as a Frontlog Customer Agreement (the “Terms”) that is made between you and Punch Interactive UAB (302558359) (“Frontlog” or “We”). If you are agreeing to this Terms not as an individual but on behalf of your company, then “Customer” or “you” means your company, and you are binding your company to these Terms. Frontlog may modify these Terms from time to time, subject to the terms in Section 20 (Amendments and Waiver) below.
By clicking on the “I agree” (or similar button) that is presented to you at the time of your Order, or by using or accessing Frontlog products, you indicate your assent to be bound by this Agreement.
1.1 These Terms governs (a) Frontlog’s hosted or cloud-based solutions (“Cloud Services”), and (b) any related support or maintenance services provided by Frontlog. Cloud Services, together with related support services, are referred to as “Services”. Services are provided via Frontlog system (“System”) and website (“Website”).
1.2. This Agreement governs your initial purchase as well as any future purchases made by you that reference these Terms. These Terms includes our Privacy Policy, any Orders, and any other referenced policies and attachments.
2.1 In order to use Frontlog, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the Terms including; and 4) provide true, complete, and up to date legal and contact information. If you sign up for Frontlog on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
2.2 By using Frontlog, you represent and warrant that you meet all the requirements listed above, and that you won't use Frontlog in a way that violates any laws or regulations. Frontlog may refuse service, close accounts of any users, and change eligibility requirements at any time.
2.3 The Term begins when you sign up for Frontlog and continues as long as you use the Service. Clicking the button and entering your username means that you've officially "signed" the Terms.
3.1 The Services are provided to You via dedicated account on the System.
3.2 You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts.
3.3 We're not responsible for any losses due to stolen or hacked passwords.
3.4 We don't have access to your current password, and for security reasons, we may only reset your password.
4.1 We provide both free ("Free plan") and paid ("Paid plan") Services. Free plan and Paid plan services are provided on per account basis.
4.2 All charges for the Paid plan ("Charges") are posted on the Website. You agree to pay for Paid plan services according to these Terms.
4.3 Paid plan is a prepaid month-to-month subscription service with monthly payments. The subscription automatically renews at the end of the paid for period unless explicitly cancelled before the start of new billing period (see clause 4.6).
4.4 Monthly payments are due on the same date, or the closest date in that month, to the day you signed up with us or made your first payment. In case of unsuccessful charge, we'll automatically suspend paid features of your plan until payment can be processed.
4.5 As long as you're using Paid plan services, you'll provide Frontlog with valid credit card information and authorize us to deduct the monthly charges against that credit card. You'll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won't be rejected.
4.6 You may cancel your subscription to Paid plan services at any time. After cancellation, no further amounts will be charged. If you have more than one account with Frontlog, you have to cancel each account separately.
4.7 We provide refunds under these circumstances only: a) customer explicitly cancelled his account as mandated in the clause 4.6 but the cancellation request was not processed by us in time; or b) a system-wide malfunction prevented the system from rendering enabled Paid plan services to customer for the majority of paid for period and customer reported the incident(s) with evidence to Frontlog support team during the paid for period. Customer(s) won't be entitled to a refund from Frontlog under any other circumstances.
4.8 We may introduce new or cancel existing Paid plan services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and on our Website.
4.9 All prices for Paid plan are calculated in US dollars and your credit card will be charged in US dollars. Prices in other currencies are provided for information purposes only and might fluctuate due to exchange rate changes.
4.10 You are responsible for any taxes imposed on the services provided under this agreement except in cases where EU legislation requires us to collect the taxes.
4.11 We reserve the right to shut down account at any time if we feel that you are abusing our system in any way. If we determine that you have abused the system in any way, and we shut down your account, we do not provide refunds for unused services.
4.12 Reselling of the Services to third parties is permitted only if you sign reseller (partner) agreement with Frontlog.
5.1 You or Frontlog may terminate this Agreement at any time and for any reason by giving Notice to the other party. Termination of the agreement means that you will lose access to your account.
5.2 We may at any time terminate our agreement with you if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).
5.3 Once terminated, we may permanently delete your account and all the data associated with it, including your backlog items from our System.
5.4 If you do not log in to your account for 4 or more months and do not use Paid plan services, we may treat your account as "inactive" and permanently delete the account and all the data associated with it.
5.5 If Frontlog terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement.
5.6 For all accounts, Frontlog may charge an account Reactivation fee should an account need to be Reactivated by a customer after an account has become de-activated due to breach of this Agreement and/or long period of inactivity.
6.1 This is an Agreement for the Services, and you are not granted a license to any software under this Agreement (except to the extent required for you to use the Services). Except to the extent that applicable laws prevent Frontlog from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); (ii) remove any proprietary notices or labels from the Services or any Software; reproduce or copy the Software or the Services or any part thereof; (iii) modify, translate, or create derivative works based on the Services or any Software; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; (vii) perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; or (viii) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement.
6.2. The Services shall be used for your internal business purposes only and you shall not use the Services or any Software for the benefit of a third party. If you intend to use the Services as an agency for the benefit of your client, please contact Frontlog in advance about it.
6.3 You acknowledge and agree that the Services, the Software, the Frontlog company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Software or the Services, are the property of Frontlog or its affiliates or suppliers (collectively, the "Marks"). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Frontlog or by other parties that have licensed their material to Frontlog. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Frontlog. Your use of the Services confers no title or ownership in the Services, the Software or the Marks and is not a sale of any rights in the Services, the Software or the Marks. All ownership rights remain in Frontlog or its third party suppliers, as the case may be.
6.4. You represent and warrant that you either own or have permission to use all of the material in your Emails. You retain ownership of the materials you upload to the Service. We may use or disclose your materials only as we describe in these Terms and our Privacy Policy.
6.5. You are solely responsible for any content and other material that you submit, publish, transmit, or display on, though, or with our Services ("Content"). You grant us a non-exclusive, worldwide, royalty-free and fully paid license to use the Content, as necessary, for purposes of providing the Services to you and other users of the Services. All rights in and to the Content not expressly granted to us in this Agreement are reserved by you.
6.6. You acknowledge and agree that any comments, ideas and/or reports provided to Frontlog ("Feedback") shall be the property of Frontlog and you hereby irrevocably transfer and assign to Frontlog such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
7.1. In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Frontlog. Frontlog may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
7.2 We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.
7.3. We may view, copy, and internally distribute content from your backlog and account to create and advance algorithms and programs ("Tools") that help us calibrate prioritization and other algorithms.
7.4. Frontlog will not use any of your backlog lists or any other customer information for any other purposes than those related to the Services. Your backlog information will not be shared with any other parties.
8.1. The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates EU or other laws that may apply in your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights. If you violate any of these rules, then we may suspend or terminate your account.
8.2. You represent and warrant that your use of Frontlog will comply with all applicable laws and regulations. You're responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements.
9.1. To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Services, including any downloads from the System. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
10.1. To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
10.2. From time to time down-time, either scheduled or unscheduled, may occur. Frontlog will work within reason to ensure this amount of down-time is limited. Frontlog will not be held liable for the consequences of any down-time.
10.3. Frontlog cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Frontlog entirely of all responsibility for any consequences of its use.
11.1. You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren't allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
12.1. If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
13.1. We and our Team aren't responsible for the behavior of any advertisers, linked websites, or other Members.
14.1. You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
15.1. Republic of Lithuania's laws will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Lithuania, and each party will be subject to the jurisdiction of those courts.
16.1. We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
17.1. Even if this Agreement is terminated, the following sections will continue to apply: Rights, Compliance, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
18.1. If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
19.1. The headers are provided only to make this agreement easier to read and understand.
20.1. Amendments or changes to these Terms won't be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there's a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don't immediately take action on a violation of these Terms, we're not giving up any rights under the Terms, and we may still take action at some point.
20.2. If you have written agreement (the "Written Agreement") with us or our authorized reseller to use Frontlog and there's a conflict between these Terms and the Written Agreement, the Written Agreement will control. You are bount by these Terms in all matters that are not covered in the Written Agreement.
21.1. In the event of a security breach that may affect you, we'll notify you of the breach and provide a description of what happened.
22.1. Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Frontlog, Punch Interactive UAB, Saviciaus g. 13, Vilnius, Lithuania, or any addresses as we may later post on the Website.
23.1. These Terms, our Privacy Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any Additional Terms you've agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.
Your backlog on steroids
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