This is a legal agreement (“Agreement”) between You and Digital Kickstart (“Company”), for use of the Nutshell Metrics services (“Services”) which You selected or initiated. “You” refers to the individual who registered and/or provided in the Nutshell Metrics website his or her credit card or other payment mechanism for the Services or, if the Services are being purchased on behalf of an entity by an individual authorized to purchase the Services on behalf of such entity, then “You” refers to such entity.
Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
“Data” refers to all information entered by You on the Company Servers in relation to Services.
The Company may at its sole discretion modify the features of the Services from time to time without prior notice. The Company will provide the Services in accordance with this Agreement.
The Company will not share, disclose, sell, lease, modify, delete or distribute any Data provided by You in any manner. The Company will also not view the Data provided by You except when given permission by You in writing for the purpose of support. The entire sensitive data clause herein shall survive termination of this agreement indefinitely.
You are not obligated to purchase any of the Services. if You elect to purchase Service packages or additional Services, you may elect to provide a credit card or other payment mechanism selected by You. You agree that the Company may charge to Your credit card or other payment mechanism selected by You and approved by the Company for Your Prepaid Account (“Your Account”) and all amounts due and owing for the Services, including service fees, subscription fees or any other fee or charge associated with Your use of the Services. if there are any annual, monthly or similar periodic fees for Your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Services, or subsequently designated to the Company at the start of the subscription period and at the start of each renewal period, unless You terminate Your subscription before the relevant period begins. The Company may change prices at any time without prior notice. You agree that in the event The Company is unable to collect the fees owed to the Company for the Services through Your Account, the Company may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by the Company in connection with such collection activity, including collection fees and legal costs. You further agree that the Company may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. All payments authorized by you into Your Account are final. There is no refunding of Your Account regardless of whether you use the Services or not.
Upgrading or downgrading your service level
If you upgrade your service level from one package to a higher priced package, the Company will charge you thus: 1) if you pay monthly, your first payment will be the difference between the higher priced package and your current package price, whereby monies received by Company for your current package price is pro-rated based on the actual number of days until your scheduled monthly payment date. Your regularly scheduled monthly payment date will remain the same as your initial purchase date, with subsequent monthly charges at the higher package price.
If you purchase or upgrade additional services that are charged on a monthly basis, your first payment for those additional services will be the price of the additional services pro-rated based on the actual number of days until your next monthly payment date. Your scheduled monthly payment date will remain the same as your initial purchase date, with the full price of the additional services reflected in subsequent monthly charges. If you purchase additional services that are charged on an annual basis, your first payment for those additional services will be the full price of the additional service. The renewal date for such annual additional services will be the date of upgrade the subsequent year.
There are limited package downgrade options available and no refunds. Subscribers that wish to move from a higher priced package to a lower priced package must let the current service level expire then repurchase at the desired service level (or use the Free version).
Subscribers that wish to remove additional services from their account must let the current additional services expire first then repurchase any desired additional services. No refunds are available
Abuse of Features
The features made available through the Teamwork Project Manager Web Application are intended for the normal use of the software. Abuse of features may result in a ban or removal of service. (E.g: Do not use reply-by-email address in automated systems such as Google Alerts etc. Do not auto-direct emails to a specific reply-by-email Teamwork email address) RSS feeds used where Teamwork data is published publicly may be disabled. RSS feeds are intended for private consumption only.
No reselling or use outside of permitted terms
Other than using the Services as permitted under the terms and conditions of this Agreement or other written agreements between You and the Company, You may not resell, distribute, make any commercial use of, or use on a time-share or service bureau basis.
We offer a free version of Teamwork which you can use without charge. If a free account is not used for a period of 1 year (ie: a user has not logged in for 1 continuous year) we reserve the right to terminate the account in question and offer the sub-domain used to other customers.
The Company and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks and service marks associated or displayed with the Services. You will not remove, deface or obscure any of the Company’s or its suppliers’ copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the Services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services.
DISCLAIMER; limitation of liability
Disclaimer. Neither any opinion, advice or statement of us or our affiliates, licensors, suppliers, agents or visitors, whether made on our website or otherwise nor the results of any operation of the Service by you constitute representations or warranties of us or give rise to any rights of reliance or otherwise for the benefit of you or any third party. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for the reconstruction of any lost data. We do not assume any responsibility or risk for your use of our Service and the Internet. ANY AND ALL SERVICES PROVIDED BY US TO YOU ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NONINFRINGEMENT AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF OUR WEBSITE OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE, THE SERVER(S) ON WHICH OUR WEBSITE IS HOSTED OR OUR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the generality of the foregoing, we hereby disclaim any and all liability for any damage to or other impact on your equipment, hardware, software, data or other information or materials, whether or not caused by or related to (either directly or indirectly) your use of the Service, including but not limited to claims relating to faulty, malfunctioning or inoperable Service.
Limitation of Liability. IN NO EVENT WILL WE NOR ANY OF OUR AFFILIATES, LICENSORS SUPPLIERS OR AGENTS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“INDEMNIFIED PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTE PROCUREMENT, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE, MATERIALS OR ANY LINKED SITE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL INDEMNIFIED PARTIES COLLECTIVELY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS OR use OUR WEBSITE OR OUR MATERIALS. YOUR USE OF OUR WEBSITE AND ANY MATERIALS PROVIDED THROUGH OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK. You acknowledge that the limitations of liability in these Terms and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have provided the Service. Our pricing reflects this allocation of risk and the limitation of liability specified herein.
Errors. A possibility exists that our website or materials could include inaccuracies or errors or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our website or materials. Although we attempt to ensure the integrity of our website, we make no guarantees as to its completeness or correctness. If a situation arises in which our website’s completeness or correctness is in question, please contact us via our contact information provided on our “Support” page of the website with, if possible, a description of the material to be checked and the location (URL) where such material can be found on our website.
If you have any questions regarding this Agreement or if you wish to discuss the terms of service contained herein please contact Digital Kickstart by emailing firstname.lastname@example.org