By using the gmelius.com web site ("Service"), or any services of Gmelius (e.g., the browser extension), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Gmelius reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: https://gmelius.com/legal/terms
- You must be at least 16 years old to use this Service. If you are aged 16 or under‚ please get your parent/guardian's permission beforehand.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You are responsible for maintaining the security of your account. Gmelius cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Unless you have the express written permission from Gmelius, you may not distribute Gmelius or any portion thereof to any third parties.
- You may not disassemble or reverse engineer Gmelius for any purpose, other than for reviewing the code for personal review, and at all times are bound by Gmelius Terms of Service.
Payment, Upgrading and Downgrading Terms
- Free users are not required to provide a credit card number or use any payment service. Optional paid services are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Gmelius 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 an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated.
- Unless you notify Gmelius before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize Gmelius to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrade fees are not refundable.
- Upgrades can be cancelled at any time from your Gmelius Account page. Downgrading your Service may cause the loss of content, features, or capacity of the Service. Gmelius does not accept any liability for such loss.
Cancellation and Termination
Gmelius, in its sole discretion, has the right to suspend or terminate your Gmelius account and refuse any and all current or future use of the Service, or any other Gmelius Service, for any reason at any time. Such termination of the Service will result in the deactivation of your account and cancellation of any existing subscription. Gmelius reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- Gmelius reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services are subject to change. Changes will be displayed on the Gmelius website (gmelius.com) or the Service itself.
- Gmelius shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- You are strictly prohibited from, and agree that you will not, adapt, edit, change, modify, transform, publish, republish, distribute, or redistribute Gmelius or any elements, portions, or parts thereof, including without limitation, to any elements, portions, or parts of Gmelius software (in any form or media) without Gmelius' prior written consent. You agree not to use any automated data collection methods, data mining, robots, scraping or any data gathering methods of any kind on Gmelius different Services.
- If Gmelius discovers that you have used its copyrighted or other protected intellectual property in contravention of the terms described above, Gmelius may bring legal proceedings against you, seeking monetary damages and an injunction against you. You could also be ordered to pay legal fees and costs.
Suggestions to Gmelius
If you submit suggestions to Gmelius through feedback or otherwise, you acknowledge and agree that: (i) your suggestions do not contain confidential or proprietary information; (ii) Gmelius is not under any obligation of confidentiality with respect to the suggestions; (iii) Gmelius shall be entitled to use or disclose (or choose not to use or disclose) such suggestions; (iv) Gmelius may have something similar to the suggestions already under consideration; (v) your suggestions become the property of Gmelius without any obligation of Gmelius to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Gmelius under any circumstances.
Endorsements, Testimonials, Use of Likeness
From time to time, we may publish testimonials by users and customers related to their experiences with the Services. These testimonials are the users’ subjective opinions, and they represent individual results. We neither verify them nor claim that they are typical results that others will generally achieve. Names, locations, dates and other information may have been changed to protect the privacy of the individuals involved. All other testimonials and endorsements of any type, format or nature posted by users are not verified by us, and we make no warranty or representation as to their accuracy. You should be cautious when relying on any testimonials or endorsements, and you should assume the results described therein are not typical.
In support of our marketing initiatives, including without limitation, featured Customers on our website, email outreaches, and case studies, we may include your name or logo in connection therewith. If your name or logo is featured on any marketing collateral and you would like for it to be removed, please contact firstname.lastname@example.org and we will honor your request.
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Support for Gmelius services is available in English and in French, only via email.
- You understand that Gmelius uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Gmelius, or any other Gmelius service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Gmelius.
- We may, but have no obligation to, remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Gmelius customer, employee, member, or officer will result in immediate account termination.
- You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Gmelius does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Gmelius shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Gmelius has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Gmelius to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
This Agreement shall be governed in all respects by the substantive laws of Switzerland. Any controversy, claim, or dispute arising out of or relating to the Agreement shall be subject to the jurisdiction of the competent courts of the Canton of Geneva, the jurisdiction of the Swiss Federal Court being expressly reserved.
Effective: October 1, 2016