Term of Use
Version [1.0], last updated: 08 March 2021
This is a legal agreement when you register account on website eazle.studio, you are becoming a party to this agreement, you declare you have the legal capacity to enter into such agreement, and you are consenting to be bound by all the terms and conditions set forth below.
1.1. "Vendor" means Sole proprietor Toropchina Irina Stanislavovna registered at the address Russia, 443013, Samara, avenue Karla Marksa, 32-136. registered at the address.
1.2. "Customer" means the person or company that uses the Product.
- An account at eazle.studio created by User, having a unique name and password, through which User has access to Products.
- Agreement that shall come into effect between the Customer and the Vendor following the Customer’s acceptance of these terms and conditions and which shall incorporate these terms and conditions.
- Personal Data
- Any data relating to an identified or identifiable person.
- Means Software or Application posted on website eazle.studio.
- Product Version
- Release, update, or upgrade of a particular Product that is not identified by as being made for the purpose of fixing software bugs.
- Service providers
- Third parties providing services or performing certain actions at the direction of the Vendor, related to the conclusion and execution of the agreement between the end user and the Vendor, concluded in order to acquire the end user's right to use the products.
- Model of use Product in which a Customer must pay to Vendor a recurring price at regular intervals for access to a product.
- Subscription Billing Agreement
- ECustomer agreement to recurring payments to the Vendor as part of a Product Subscription.
- Subscription Confirmation
- Email confirming Customer's rights to access and use Product.
- Recurrent price
- The amount of paid to the Vendor by the Customer to enable them to access the Product.
- Support Services
- Support in relation to the use of, and the identification and resolution of errors in the Products, but shall not include the provision of consulting and training services.
- The term of the Agreement, commencing in accordance with Point 3.1 and ending in accordance with Point 3.2
3. Term and Termination
3.1. The Agreement shall come into force upon the register up to website.
3.2. The Agreement shall continue in force indefinitely, subject to termination in accordance with Point 3.3.
3.3. You may stop using the Product at any time by sending a request to email@example.com. Termination of your account does not relieve you of any obligation to pay any outstanding fees.
3.4. Vendor may terminate Product and/or this Agreement at any time. If Vendor terminate this Agreement for reasons other than for cause, then we will make reasonable effort to notify you via the email address you provide to us. We may, at any time, terminate your right to use and access the Product if:
- you breach any provision of this Agreement (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms);
- you fail to make the timely payment of fees for the Product, if any;
- we are required to do so by law (for example, where the provision of the Product to you is, or becomes, unlawful);
- we elect to discontinue the Product, in whole or in part, (such as if it becomes impractical for us to continue offering Product in your region due to change of law);
- we asses that the fraud risk associated with your payment is high (we will not notify you in advance in this case);
- we detect abuse or excessively frequent use of the Products (Vendor will determine, in its sole discretion, the abuse or excessive use of the Products).
3.5. Upon termination of the Product, some or all of the Product may cease to operate without prior notice.
4.1. The Vendor shall provide an access for the Customer to the Product after the Agreement on Subscription and success transaction of bill on website offered by the Vendor.
4.2. The Customer shall use reasonable endeavours, including reasonable security measures relating to the Account access details, to ensure that no unauthorised person may gain access to the Product using their Account.
4.3. The Customer must not use the Product in any way that causes or may cause, damage to the Product or impairment of the availability or accessibility of the Product.
4.4. The Customer must not use the Product:
- in any way that is unlawful, illegal, fraudulent or harmful; or
- in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
4.5. For the avoidance of doubt, the Customer has no right to access the software code (including object code, intermediate code, and source code) of the Product, either during or after the Term.
4.6. The Customer may not reproduce, copy, duplicate, trade or sell the Product.
4.7. Product is not directed to children under the age of 14, and we expect that any use by children will only be done with the guidance, supervision, and consent of their parents, guardians or authorized school officials who are responsible for compliance with any applicable laws.
5. Subscription Terms and Transaction
5.1. Product access is activated after a successful subscription transaction.
5.2. The Subscription will automatically renew on a Billing plan unless you cancel through your eazle.studio account.eazle.studio.
5.3. If you cancel, your subscription will terminate at the end of then-current billing cycle, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination. Refunds are only issued if required by law.
6.1. You agree to pay all fees in accordance with each Transaction.
6.2. You agree to pay all amounts in EUR.
6.3. In making payments, you acknowledge that you are not relying on future availability of any Products beyond the current Subscription Term or any Product upgrades or feature enhancements.
6.4. Any overpayments are non-refundable and will be automatically sent to your credit balance.
7. Support Services
7.1. The Vendor shall provide the Support Services to the Customer who has obtained the Subscription during the Term.
7.2. The Vendor may suspend the provision of the Support Services if any amount due to be paid by the Customer to the Vendor under the Agreement is overdue.
8.1. The Vendor and the Customer may agree that the Vendor shall design, develop and implement Customisation(s) at an additional cost.
8.2. All Intellectual Property Rights in the Customisations shall, as between the parties, be the exclusive property of the Vendor (unless the parties agree otherwise in writing).
8.3. From the time and date when a Customisation is first delivered or made available by the Vendor to the Customer, the Customisation shall form part of the Product, and accordingly from that time and date the Customer’s rights to use the Customisation shall be governed by Point 4.
8.4. The Customer acknowledges that the Vendor may make any Customisation available to any of its other customers or any other third party.
9. Confidentiality obligations
9.1. The Vendor must:
- keep the Customer Confidential Information strictly confidential;
- not disclose the Customer Confidential Information to any person without the Customer’s prior written consent;
- use the same degree of care to protect the confidentiality of the Customer Confidential Information as the Vendor uses to protect the Vendor’s own confidential information of a similar nature, being at least a reasonable degree of care.
9.2. The Customer must:
- keep the Vendor Confidential Information strictly confidential;
- not disclose the Vendor Confidential Information to any person without the Vendor’s prior written consent;
- use the same degree of care to protect the confidentiality of the Vendor Confidential Information as the Customer uses to protect the Customer’s own confidential information of a similar nature, being at least a reasonable degree of care.
9.3. Notwithstanding Points 9.1 and 9.2, a party’s Confidential Information may be disclosed by the other party to that other party’s officers, employees, professional advisers, insurers, agents and subcontractors who have a need to access the Confidential Information that is disclosed for the performance of their work with respect to the Agreement.
9.4. No obligations are imposed by this Point 9 with respect to a party’s Confidential Information if that Confidential Information:
- is known to the other party before disclosure under these Terms and Conditions and is not subject to any other obligation of confidentiality;
- is or becomes publicly known through no act or default of the other party; or
9.5. The restrictions in this Point 9 do not apply to the extent that any Confidential Information is required to be disclosed by any law or regulation, by any judicial or governmental order or request.
9.6. Upon the termination of the Agreement, each party must immediately cease to use the other party’s Confidential Information.
10. Data security
10.1. Each party shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.
10.2. The Customer warrants to the Vendor that it has the legal right to disclose all Personal Data that it does, in fact, disclose to the Vendor under or in connection with the Agreement.
10.3. The Vendor shall process and store the Customer Personal Data during the Term and after if the Customer doesn’t choose to delete their data when terminating the Agreement.
10.4. Notwithstanding any other provision of these Terms and Conditions, the Vendor may process the Customer Personal Data if and to the extent that the Vendor is required to do so by applicable law. In such a case, the Vendor shall inform the Customer of the legal requirement before processing, unless that law prohibits such information.
10.5. The Vendor shall ensure that persons authorised to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
10.6. The Vendor and the Customer shall each implement appropriate technical and organisational measures to ensure an appropriate level of security for the Customer Personal Data.
10.7. The Vendor shall provide an opportunity to delete all of the Customer Personal Data when terminating the Agreement.
10.7. If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under these Terms and Conditions, then the parties shall use their best endeavours promptly to agree such variations to these Terms and Conditions as may be necessary to remedy such non-compliance.
11. Warranty and Disclaimer
11.1. Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you are an entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement.
11.2. All products are provided "as is," and Vendor expressly disclaim any and all warranties and representations of any kind, including any warranty of non-infringement, title, fitness for a particular purpose, functionality, or merchantability, whether express, implied, or statutory.
11.3. Vendor shall not be liable for delays, interruptions, service failures and other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Vendor.
11.4. Neither Vendor nor any of its Service providers suppliers makes any representation warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of any products or any content therein or generated therewith, or that:
- the use of any products will be secure, timely, uninterrupted or error-free
- the products will operate in combination with any other hardware, software, system, or data
- the products (or any products, services, information, or other material purchased or obtained by you through the products) will meet your requirements or expectations)
- any stored data will be accurate or reliable or that any stored data will not be lost or corrupted
12. Limitations of liability
12.1. Nothing in these Terms and Conditions will
- limit or exclude any liability for fraud
- limit or exclude any liabilities that may not be limited or excluded under applicable law
12.2. The limitations and exclusions of liability set out in this Clause 13 and elsewhere in these Terms and Conditions
- are subject to Point 13.1; and
- govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in any additional contract, except to the extent expressly provided otherwise in these Terms and Conditions.
12.3. Neither party shall be liable to the other party in respect of any losses arising out of a Force Majeure Event
12.4. Neither party shall be liable to the other party in respect of any loss of profits or anticipated savings
12.5. Neither party shall be liable to the other party in respect of any loss of revenue or income
12.6. Neither party shall be liable to the other party in respect of any loss of use or production
12.7. Neither party shall be liable to the other party in respect of any loss of business, contracts or opportunities
12.8. Neither party shall be liable to the other party in respect of any indirect or consequential loss or damage
13. Force Majeure Event
13.1. If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement that obligation will be suspended for the duration of the Force Majeure Event.
13.1. A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Agreement, must:
- promptly notify the other by email;
- inform the other of the period for which it is estimated that such failure or delay will continue
13.1. A party whose performance of its obligations under the Agreement is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event
14. Changes to this Terms
14.1. We may update or modify this Agreement from time to time, including any referenced policies and other documents.
14.2. If we make any material changes to this Agreement, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
14.3. If we modify the Agreement during your Subscription Term, the modified version will be effective upon your next renewal of Subscription Term, as applicable. In this case, if you object to the updated Agreement, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew.
14.4. With respect to No-Charge Products, accepting the updated Agreement is required for you to continue using the No-Charge Products. If you do not agree to the updated Agreement after it becomes effective, you will no longer have a right to use No-Charge Products.
14.5. For the avoidance of doubt, any Order is subject to the version of the Agreement in effect at the time of the Order.
15.1. The use of the Products is also governed by the Vendor’s (eazle.studio/legal/privacy).
16. Contact Us
16.1. If you have any questions or concerns, or you feel that this Agreement has been violated in any way, please let us know immediately by contacting firstname.lastname@example.org.