These Terms of Service ("Terms") govern your access to and use of Maintenance's website, products, and services. Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Software, you agree to be bound by these Terms. You also confirm you have read and agreed to our Privacy policy

Definitions

Agreement - these terms of service and any other terms regarding the Service that the Customer may agree to when prompted to by the Provider.
Provider - Provider incorporated under the laws of Estonia, Tootmistarkvara OÜ Business Registry Number 11121907, Address Heki tee Haaslava Tartu 62107 Estonia
Service - the Software, provided "as a service" (SaaS) through this website
Software - the business software with features as described on this website
Customer - legal business subscribed to the Service.
Party - the Customer and the Provider
User Account - Account provided to the Customer enabling such Customer to use the Service.

Terms

1. This Agreement shall be effective between the Parties as of the moment when the Customer is subscribed to the Service or obtains a User Account or starts using the Service, whichever is the earliest.
2. The Agreement is entered into for an indefinite term and may be cancelled by either Party as provided herein.
3. The Agreement terminates automatically, when billing amounts are overdue for more than 0days.
4. The Customer acknowledges that they have no right to have access to the Software outside the Agreement.
5. Customer has no right to sub-license Software or misuse it in any way.
6. Neither the Provider nor the Provider make any representation or warranty that the Service will meet the Customer's requirements or expectations.
7. The Customer acknowledges that all Service related Intellectual Property belongs and shall belong to the Provider.

Service description

8. Software is housed by Provider in rented cloud servers.
9. The Provider will provide the Service to the Customer throughout the term of the Agreement in accordance with the Customer's Service Plan
10. Software is high-availability, available at least 99.95% of the time (21.56 minutes downtime per month)
11. The Customer acknowledges that Service has not been designed to meet their individual requirements.
12. Service operation may encounter technical and connectivity issues or other problems.
13. Service is not fault-tolerant and has not been designed for use in activities where the failure of the Service could lead to death, personal injury or environmental damage eg traffic control, life support systems and other.
14. The Provider is committed to providing customer service within 24 hours.
15. The Customer's selection and use of the Service is at the Customer's own risk eg uploading and submitting highly sensitive information about Customer itself.
16. The Provider does not have any obligation to enhance or modify o any part of the Service or to continue developing or releasing new versions of it.
17. Service plans are described on pricing page

Liability

18. The Provider has any responsibility and is not liable for any damage caused through use, misuse or nonuse of the Service, be it indirect, special, incidental or consequential damages (including but not limited to damages for loss of business, loss of profits, interruption or the like). If you have any questions regarding the terms of use outlined here, please do not hesitate to contact us.

Billing

19. The Customer acknowledges that by subscribing to a Service Plan they agree to such fees, rates and billing cycles as described on this website at the time of subscription and revised from time to time and following terms of the Agreement.
20. Unless otherwise agreed at the time of subscription, the Customer's billing cycle is 30 days, starting on the day following their subscription to the respective Service Plan, or, if a free trial period has been granted to the Customer, on the day following the expiry of the trial period.
21. The Provider may enhance or otherwise modify the Service for additional fees upon with at least 30 days prior notice.
22. In the event that the Customer does not agree with the respective modification(s), Consumer shall unsubscribe from the Service Plan, terminating their use of the Service.
23. All fees and prepayments for future billing cycles are non-refundable.If you opt to pay once a year in advance there is no part refund if you decide to stop using your account during the year.
24. All fees and rates are exclusive of value added tax, sales tax and other public burdens. The Customer shall be solely responsible for all taxes and other burdens that may be levied on the Customer's purchase or use of the Service.

Customers

25. Maintenance is a B2B service. The Customer must be a legal business with valid registration in local Commercial Registry.
26. All Registration Data provided by the Customer must be true, accurate and up-to-date
27. The Customer must comply with all laws, regulations and ordinances applicable to the Customer's use of the Service.
28. With respect to the information (including all text, images and other content) that the Customer uploads, transmits or stores via the Service, the Customer represents and warrants to the Provider, that the Customer has the right to upload, transmit and store it.

Security

29. The Customer shall be solely and entirely responsible for the activity that occurs under their User Account. Provider must notify immediately of any breach of security of such User Account.
30. The Provider warrants to the Customer that commercially reasonable measures will be taken to ensure that personal data is processed securely. Customer will remain the owner of his data.

Agreement termination

31. Either Party may cancel the Agreement at any time with a 30 days prior notice to the other Party.
32. If the Agreement is cancelled due to the other Party's material breach, no warning or advance notice shall be required for the cancellation.
33. The Customer understands and agrees that upon any termination of the Agreement all rights that the Customer has been granted hereunder will terminate.
34. Confidentiality will remain between Parties about collected Data and this Agreement.

Other

35. No Party shall be liable to the other for breaching its obligations due to a circumstance beyond its control, such as, for example act of government, war, civil unrest, act of terror, strike, internet service provider failure or any other circumstance qualifying as force majeure.

Last revised on 21 Oct 2017