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Terms of Service

Effective 19th October 2015

Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner. If you have any questions, comments, or concerns regarding these terms or the Services,
please contact us at .

Preamble

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/terms/

Global Terms

  1. You must be 13 years or older to use this Service.
  2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
  3. You must provide a valid email address, and any other information requested in order to upgrade to Gmelius Premium.
  4. You are responsible for maintaining the security of your Premium licenses and Premium keys. Gmelius cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  5. 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).
  6. Unless you have the express written permission from Gmelius, you may not distribute Gmelius or any portion thereof to any third parties.
  7. 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, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for Gmelius Premium users. Free or Standard users are not required to provide a credit card number or use any payment service.
  2. A refund is available only within 30 days of purchase.
  3. 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 Premium licenses 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 or deletion of your Premium licenses and keys. Gmelius reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. 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.
  2. Prices of all Services are subject to change. Changes will be displayed on the Gmelius website (gmelius.com) or the Service itself.
  3. 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

  1. 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.
  2. The look and feel of the Service is copyright (c) Gmelius. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Gmelius.
  3. 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.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
  2. Support for Gmelius services is available in English and in French, only via email.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Gmelius customer, employee, member, or officer will result in immediate Premium account termination. You understand that the technical processing and transmission of the Service, including your email address, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  8. You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
  9. You must not transmit any worms or viruses or any code of a destructive nature.
  10. 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.
  11. 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.
  12. 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. The Terms of Service constitutes the entire agreement between you and Gmelius and govern your use of the Service, superceding any prior agreements between you and Gmelius (including, but not limited to, any prior versions of the Terms of Service).

Gmelius
Chemin du Pré-Fleuri, 3
CH-1228 Plan-les-Ouates
Geneva, Switzerland

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