Table of Contents
Introduction :
These Terms of Use (“Terms”) apply to your use of the website, http://www.configwise.io (“Website”) and describe your rights and obligations in relation to the use of the Website. This Website is owned and operated by VipaHelda B.V., a limited liability company incorporated under the laws of the Netherlands, having its registered address at Cypresbaan 16a, Capelle aan den IJssel – 2908 LT, The Netherlands (“VipaHelda”, “We”, “Us” or “Our”).
Your Access to the Website :
Your access to the Website is provided on an “as is” and “as available” basis. We provide the Website subject to the Terms set forth herein which may be changed from time to time, without notice, at our sole discretion. By continuing to use this Website you agree to be bound by these Terms. If you do not agree to the Terms stipulated herein, you should not access or use this Website. Acceptance of our Privacy Policy is also required for access and usage of the Website. Our Privacy Policy outlines the methods and principles we follow when it comes to data protection. Before using this Website, please read our Privacy Policy carefully. Any part of these Terms may be modified, added to, or removed at any time. Modifications, additions, and removals will take effect immediately after they are posted. If you continue to use the Website after such a posting, you are deemed to have accepted the modifications, additions, or deletions.
Your access and use of this Website shall be subject to the Terms set out in these terms. You are entitled to use the Website in a lawful manner only. Particularly you must ensure that:
(a) you do not use the Website in any way, or for any purpose, that is unlawful or fraudulent;
(a) you do not to interfere with or disrupt the Website or the servers or networks connected to the Website;
(b) you do not to reproduce, duplicate, copy, reverse engineer, hack, sell, resell or exploit for any commercial purpose, any portion of the Website;
(c) you do not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you do not interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Website.
Your failure to respect the aforementioned provisions may give rise to our right to take one or more of the following actions: suspend, whether temporarily or permanently, your right to access to the Website and services thereof; initiate legal proceedings against you for compensation of any and all relevant costs on an indemnity basis resulting from your breach; disclose such information to law enforcement authorities as required or as we deem reasonably necessary; any other action that we think to be appropriate. We expressly exclude any and all liability arising out of any actions, including without limiting to those set out above, that we may take in response to breaches of these Terms.
Intellectual Property Rights
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, videos, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on this Website is owned by or licensed to us. Such Content is protected by copyright, trademark and various other intellectual property and unfair competition laws available in the Netherlands and internationally.
You are not allowed to reproduce, copy, sell, distribute, rent, sub-license, store, or in any other manner reuse content of this Website unless there is an express written permission to do so provided to you by us.
Our status as the owner and author of the content on this Website (or that of identified licensors, as appropriate) must always be acknowledged. You may be allowed to display, copy and download Content from this Website only for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
You are not authorized to use our trademarks, trade names, service marks, logos, domain names, and other distinctive brand features, regardless of whether they are registered or not. In the event you believe that a Content on the Website violates your copyright, or any other intellectual property right we encourage you to notify us about this by sending us an email at support@testwise.io. We will, to the best of our ability, respond to all intellectual property infringement notices and take appropriate actions including removing the infringing content.
Limitation of liability
To the fullest extent permitted by applicable laws, under no circumstances shall we, our subsidiaries and affiliates, their respective directors, officers, employees or agents, and other representatives, be liable for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising out of or in any way related to the use of or inability to use this Website or the contents and information thereof.
Indemnification
You agree to indemnify and hold VipaHelda and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Website, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations. We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Websites
You may encounter links to third-party websites on our Website. Please note that these sites are not owned or controlled by us. We do not have control over and disclaim any responsibility for the content, information and privacy practices of such third-party websites. You hereby acknowledge and agree that VipaHelda shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, information and privacy practices of any such third-party websites. We hereby recommend that you read the terms and conditions and privacy policies, as well as cookie policies of any third-party websites that you visit.
Applicable Law and Dispute Resolution
You expressly agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of the Netherlands without regard to its conflicts of laws provisions. If there is a controversy, claim or dispute between you and us arising out of or in connection with your use of our Website, you agree that we must attempt, in good faith, to resolve any such dispute or controversy among ourselves in an amicable fashion. If we are not able to resolve any such dispute within thirty (30) days, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to initiate legal proceedings and pursue any right or remedy available to them in which case the Dutch Civil Court in Rotterdam, the Netherlands shall hear any claim.
Severability
If any provision of these Terms becomes invalid or unenforceable for any reason, including being rendered invalid by a court decision, the remaining parts of the Terms will remain valid and enforceable.
Contacts
If you have a question regarding these Terms, or want to get in touch you can:
– send us an email at info@configwise.io
– write to us at Cypresbaan 16a, Capelle aan den IJssel – 2908 LT, The Netherlands
