Terms & Conditions

These Terms and Conditions outline the terms of service under which Jordy Ryan Casas Correia and his team (“we,” “us,” or “our”) agrees to provide Services to you (“Agreement”). Any capitalized terms that are not defined in these Terms and Conditions have the meanings provided to them in the Order. We reserve the right to make changes to these Terms and Conditions at any time. If we make any material changes to this Agreement, we will provide you with written notice. If you continue to use the Services after the changes take effect, you will be deemed to have accepted the changes. If you do not agree to any of the modifications, you may terminate this Agreement in accordance with the Termination section below.

Contracting party & authorized users

• By signing up for the Services, you represent and warrant that you have the authority to enter into this Agreement on behalf of the Customer and to bind the Customer to the terms and conditions of this Agreement. The term “Customer” refers to the individual or entity that entered into this Agreement with us and is the sole owner of the account.
• Each individual or entity that accesses your account is obligated to adhere to the terms of this Agreement. You acknowledge that you bear full responsibility for all liabilities incurred through the use of the account, including all damages, losses, and liabilities caused by each user. If you become aware of any violation of this Agreement, you must notify us immediately. You are solely responsible for maintaining the confidentiality and security of your account information, including user names and passwords, and you will take all necessary measures to prevent any unauthorized party from accessing the account.

Provision and service use

• In accordance with the terms and conditions set forth in this Agreement, we shall provide the Services to the Customer. The Services may only be utilized for their intended purposes and in strict accordance with the provisions of this Agreement. You shall extend all necessary cooperation and support to enable us to activate and operate the Services.
• You acknowledge and agree that we may, at our sole discretion, engage the services of third parties to provide or facilitate certain elements of the Services.
• Occasionally, we may discontinue support for certain aspects of the Services, referred to as “End of Life” or “EoL”. In the event that components of the Services reach their End of Life, we will make reasonable efforts to substitute them with equivalent components, but we may not be able to do so. An End of Life does not constitute a violation of this Agreement.
• The Services may include “Beta Services” designated by us. It is expressly understood that such Beta Services are provided on an as-is basis, and may not have been tested, may have faults, and may not be as secure as other elements of the Services. In addition to the disclaimers of warranty set out in this Agreement, we reserve the right to terminate the Beta Services at any time, even if you have relied on them as a material inducement to enter into this Agreement. Beta Services are not guaranteed to be put into the Agreement.
• We provide backup services as a courtesy to our customers, but we do not guarantee the functionality or completeness of the backups. You acknowledge that you are solely responsible for creating and maintaining a separate backup of all data that you do not wish to lose.

Support

• Access to email support is restricted to Customers on the Professional plan. If you are not on the Professional plan, any inquiries sent to this email address will not receive a response.
• Occasionally, we may provide support via our Community, but such support is provided at our discretion and without any obligation to do so.
• If you engage in abusive behavior towards our support staff, we reserve the right to immediately terminate this Agreement and your access to the Services.
• During our interactions with you, including while providing support, we may request or you may provide feedback about the Services. You agree that any feedback provided by you will become our sole property, and we may use and disclose such feedback for any purpose without any obligation or compensation to you. If we make any changes to our current services or products, or develop new products or services, using the feedback, then you agree that we own all right, title, and interest to such changes or new products or services.

Fees

• The compensation for the Services are explicitly specified in the Order (“Fees”). Fees for any subsequent Renewal Term will be at the existing rates at that time.
• You will be charged the Fees beginning on the Effective Date. Our schedule of payments is set out on the Order; if no schedule is stated, Fees are due in full in advance. All Fees are payable in several currencies (U.S. Dollars, Euros, etc) in the Order and are not refundable. We will collect the Fees by debiting the electronic payment method that you have provided to us. Credit, debit, or other similar sources of payment may be debited up to one week prior to the due date. You must keep the method of payment current and able to be debited.
• It is possible that we will need to impose taxes on the Services. Any applicable taxes (excluding taxes on our income) will be added to the Fees, and you shall be responsible for paying such taxes unless you present us with a valid certificate of tax exemption.
• If you fail to make timely payments, we reserve the right to suspend or terminate the Services and this Agreement. We may also refer the matter to a collections agency, and add to the Fees any costs incurred in connection with collecting unpaid Fees. If the Services are suspended due to non-payment, we will retain Customer Content (as defined below) in accordance with our standard backup processes and procedures. After the retention period, the Customer Content will be permanently deleted.

Propietary rights

• We acknowledge that you retain all ownership rights in the content you provide to us in connection with the Services (“Customer Content”). However, we require your authorization to utilize the Customer Content in order to provide the Services. Therefore, you grant us, our affiliates, and subcontractors a non-exclusive, fully-paid, perpetual, royalty-free, transferable, revocable, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute the Customer Content (in whole or in part), but solely to the extent necessary to furnish the Services.
• All right, title, and interest in and to the Services and the systems and networks used to provide such Services (including all system-generated data, like performance or monitoring data), and any modifications, improvements, upgrades, derivative works, and feedback provided by you or any Authorized User, and all intellectual property rights in and to any of the foregoing are owned by Jordy Ryan Casas Correia and his licensors. You hereby agree to assign all such rights, title, and interest to us. No licenses, whether express or implied, are granted to any of Jordy Ryan Casas Correia’s intellectual property, including software, services, and products, except for the express rights granted herein.

Term and termination

• The term of this Agreement and any Order shall commence on the date the Customer signs up and shall continue for a period of one month (the “Initial Term”). Following the expiration of the Initial Term, this Agreement and any Order shall automatically renew for successive one-month periods (each a “Renewal Term”) unless either party provides written notice to the other party of its intention not to renew at least thirty days prior to the expiration of the then-current Renewal Term, or unless this Agreement or Order is terminated in accordance with the terms of this Agreement.
• Either party may terminate this Agreement and any Order at any time for any reason or no reason by providing the other party with 30 days’ prior written notice. In addition, we may immediately terminate this Agreement or any Order if (i) you fail to pay for Services on time, (ii) your use of the Services jeopardizes or negatively affects our networks or systems, violates applicable laws, or impedes our ability to provide services to our other customers.
• In the event of termination or expiration of this Agreement, the provision of the Services will cease. This may result in the unavailability of Customer’s Content. The responsibility of maintaining separate backups and downloading Customer’s Content before the termination or expiration of this Agreement lies solely with the Customer.

Confidenciality

The term “Confidential Information” refers to any information disclosed by us to you, either directly or indirectly, in writing, orally, or by inspection of tangible objects (i) that we identify as confidential or proprietary; or (ii) that reasonably appears to be confidential or proprietary because of legends or other markings, the circumstances of disclosure, or the nature of the information itself. You shall maintain the confidentiality of our Confidential Information by retaining and using the Confidential Information in trust and confidence, solely for its use as permitted and in connection with this Agreement. We shall have the right to seek injunctive relief (without being required to post a bond) to prevent any breach or continued breach of this provision. You shall immediately notify us of any violations of this provision.

Warranties

• Each party represents and warrants that it has full power, legal capacity, and authority to enter into this Agreement and to fulfill all of its obligations hereunder, including those set forth in any contracts incorporated by reference.
• Customer affirms and guarantees that it possesses or holds a license for all intellectual property and other proprietary rights that are necessary to allow us to grant the licenses set forth in this agreement. If requested, Customer shall furnish us with proof of such ownership or license. Customer affirms and guarantees that our use of the Customer Content, in accordance with such license, will not violate the intellectual property or other proprietary rights of any individual or entity. Customer affirms and guarantees that all information it provides to us is complete, precise and current. Lastly, if Customer is a natural person, they affirm and guarantee that they are at least eighteen years of age.

Disclaimer

• THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTIES SECTION, ABOVE, (i) JORDY RYAN CASAS CORREIA DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND (ii) JORDY RYAN CASAS CORREIA AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO: ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OR ERROR-FREE SERVICE, ERROR CORRECTION, AVAILABILITY, ACCURACY, AND ANY AND ALL IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of liability, remedies and indemnifications

• Under no circumstances shall our liability arising from, or related to, this agreement, for any reason, including but not limited to, contract, tort or under any other theory of liability, exceed the total amount of fees paid or owed by Customer to us in the three months prior to the claim.
• WE AND OUR LICENSORS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR COVER DAMAGES, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE USE, INABILITY TO USE, OR INTERRUPTION OF THE SERVICES, REGARDLESS OF WHETHER THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
• You agree to indemnify and hold us harmless against any and all claims, demands, suits or proceedings made or brought against us by a third party arising out of your conduct that constitutes a breach of our Authorized Use Policy. Customer will indemnify us for damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) finally awarded against us in connection with any such claim (or for a settlement amount Customer consents to).

General provisions

• Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the Province of Málaga, Spain, where it is made. The United Nations Convention on Contracts for the International Sale of Goods is hereby excluded. EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR LITIGATION ARISING OUT OF, OR RELATED TO, THIS AGREEMENT. The parties further agree that the pricing and terms of this Agreement were negotiated in reliance upon agreement to this provision.
• Dispute resolution: All disputes and questions whatsoever which shall arise between Jordy Ryan Casas Correia and you in connection with this Agreement, or the construction or application thereof or any provision contained in this Agreement or as to any act, deed or omission of any party or as to any other matter in any way relating to this Agreement, shall be resolved by arbitration. Such arbitration shall be conducted by a single arbitrator. The arbitrator shall be appointed by agreement between the parties or, in default of such agreement, such arbitrator shall be appointed by a Judge of the Superior Court of Justice sitting in Málaga, upon the application of any of the parties and such judge shall be entitled to act as such arbitrator, if he or she so desires. Unless otherwise agreed to by the parties, arbitration shall be held in the City of Málaga, Province of Málaga, Spain. The procedure to be followed shall be agreed to by the parties or, in default of such agreement, determined by the arbitrator. The arbitration shall proceed in accordance with the provisions of the corresponding Arbitration Act. The arbitrator shall have the power to proceed with the arbitration and to deliver his or her award notwithstanding the default by any party in respect of any procedural order made by the arbitrator. The decision arrived at by the arbitrator shall be final and binding and no appeal shall lie therefrom. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
• Amendment and Waiver:
• This Agreement, along with any other contracts incorporated by reference, may not be modified except as agreed upon by the parties in a written amendment (which may include click-to-accept terms accepted by you or an Authorized User). The parties also acknowledge that upgrades (such as moving up to a higher service plan), downgrades (such as moving down to a lower service plan), and additional services may be agreed upon through electronic communication (such as a ticket or email) that is acknowledged by authorized representatives for both parties. Any failure or delay in exercising a right, remedy, or power outlined in this Agreement by one party shall not constitute a waiver of that right, remedy, or power, whether under this Agreement or in law or equity.
• Assignment: Neither party may not transfer this Agreement, either fully or partially, without prior written consent from the other party, unless the transfer is related to a merger, reorganization, sale of assets, or a similar transaction. Any attempt to transfer this Agreement in violation of this provision will be invalid. This Agreement will remain binding on all authorized successors and assignees.
• Severability: If any provision of this Agreement is found to be illegal or unenforceable in any jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The parties shall use their reasonable efforts to replace any such illegal or unenforceable provision with a valid and enforceable provision that achieves to the greatest extent possible the economic, legal, and commercial objectives of the illegal or unenforceable provision.
• Order of precedence: In case of a conflict between this Agreement and any contracts incorporated by reference, the order of precedence shall be as follows: Order, Agreement, and then the applicable exhibit or other referenced document.
• Force Majeure: We shall not be considered to have defaulted or breached any provisions of this Agreement due to any delay, failure in performance, or interruption in the Services caused directly or indirectly by any force majeure event or other circumstances beyond our reasonable control, including acts of God, acts of civil or military authority, civil unrest, war, strikes, fire, laws, regulations, governmental acts, third-party network unavailability, or failure of telecommunication facilities.
• Third Party Beneficiaries; Relationship: This Agreement is intended solely for the benefit of the parties and does not create any rights or benefits for any third party. The parties acknowledge and agree that they are not forming a joint venture or partnership. Each party is an independent contractor and is not the agent, employee or legal representative of the other party. Neither party has the authority to make any representations, claims or warranties of any kind on behalf of the other party, nor on behalf of that party’s affiliates, agents, subcontractors, licensors or third-party suppliers.
• Notices: Except as otherwise required herein, notices shall be effective when delivered, as indicated by a delivery receipt, or, by default, five business days after being sent. You can send all notices to us through our contact form (https://servpress.net/contact-us/).
• Survival: Any clause of this Agreement that requires performance or compliance after termination or expiration of this Agreement (including, without limitation, confidentiality, liability limitation and indemnification) will remain in effect after termination or expiration and continue with full force and effect.
• Entire Agreement: This Agreement, together with any referenced document, constitutes the complete and exclusive statement of the understanding between the parties with respect to the subject matter hereof and supersedes all prior proposals, negotiations, and communications, whether oral or written, between the parties relating to such subject matter. Any pre-printed purchase orders of the Customer shall be deemed ineffective and hold no legal value.