Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
- Application means the software program provided by the Company downloaded by You on any electronic device, named Splitleaf
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: Norway.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Squircle AS - 925 797 766 MVA NO.
- Content means any site, design, text, image, or other material created, uploaded, or published by You using the Application.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- License means the limited, non-exclusive, non-transferable right to use the Application granted to You upon payment of the License Fee, as described under "License Grant".
- License Fee means the one-time purchase price paid for the License.
- Plan means the recurring, paid subscription that unlocks collaboration and team functionality within the Service, as described under "Subscription Plans".
- Service refers to the Application or the Website or both.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the TermsFeed Terms and Conditions Generator.
- Team Member or Collaborator means an individual You invite to access or collaborate on a site or project within the Service under Your Plan.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Splitleaf, accessible from splitleaf.eu
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
License Grant
The Company grants You a limited, non-exclusive, non-transferable, revocable License to install and use the Application on Your own Devices, subject to Your payment of the applicable License Fee and Your compliance with these Terms.
Your License permits activation and use of the Application on up to two (2) Devices at the same time. If You attempt to activate the Application on a further Device while two Devices are already authorized, You will be prompted to deactivate an existing Device before the new one can be authorized. You can view and remove authorized Devices from within the Application or Your account at any time.
Subject to Your continued compliance with these Terms, the License is perpetual with respect to the version(s) of the Application covered by Your License Fee. The Company reserves the right to revoke the License in the event of a material breach of these Terms, including attempts to circumvent Device-activation limits.
Except for the License expressly granted herein, no rights are granted to You in or to the Application, and You may not sell, resell, rent, lease, sublicense, distribute, or otherwise transfer the License or the Application to any third party.
Purchases and Payment
Certain features of the Service require payment of a one-time License Fee, a recurring Plan fee, or both.
All payments are processed by Stripe, Inc. ("Stripe"), a third-party payment processor. By making a purchase, You agree to Stripe's terms of service and privacy policy in addition to these Terms. Stripe calculates, collects, and remits any applicable sales tax, VAT, or other transaction taxes on Our behalf based on Your billing location; the price shown to You at checkout reflects any such taxes where applicable.
The Company does not itself store Your full payment card details. All prices are shown in the currency displayed at checkout and are subject to change as described under "Subscription Plans" and "Changes to These Terms and Conditions" below.
Subscription Plans
In addition to the one-time License, the Company offers a recurring paid Plan that unlocks collaboration and team functionality within the Service, including inviting Team Members or Collaborators to a site or project.
- Billing and auto-renewal. The Plan is billed on a recurring basis and automatically renews at the end of each billing period at the then-current price, unless You cancel before the renewal date.
- No free trial. The Company does not currently offer a free trial of the Plan. Access to Plan features begins upon successful payment.
- Cancellation. You may cancel Your Plan at any time from Your account settings. Cancellation takes effect at the end of the current billing period, and You will retain access to Plan features until then.
- Team Members and Collaborators. When You remove a Team Member or Collaborator from a site or Your account, that individual's access is revoked immediately. Any unused, pre-paid portion of that seat's fee for the remainder of the current billing period will be issued as a prorated credit applied to Your next invoice; the Company does not issue cash refunds for mid-cycle seat removals.
- Effect on Your License. Cancelling or lapsing on the Plan does not affect Your underlying one-time License to use the Application; only collaboration and team functionality tied to the Plan is affected.
Refunds
The Company offers a 14-day, 100% money-back guarantee on both the one-time License Fee and any Plan charges, calculated from the date of the applicable charge. To request a refund, contact Us at the email address under "Contact Us" below within 14 days of the purchase or renewal date. Approved refunds will be issued to Your original payment method via Stripe.
This refund policy is offered voluntarily by the Company and is in addition to, and does not limit, any statutory withdrawal or cancellation rights You may have as a consumer under the laws of Your country of residence (see "For European Union (EU) Users" below).
Updates
The Company may from time to time release updates, patches, or new versions of the Application. Updates covered by Your License Fee are made available to You through the Application's built-in update mechanism at no additional cost. The Company does not guarantee that updates will be provided indefinitely and may, at its discretion, discontinue support for older versions of the Application.
Acceptable Use
When using the Service, You agree not to:
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application, except to the extent such restriction is prohibited by applicable law;
- circumvent, disable, or otherwise interfere with License, Device-activation, or other security-related features of the Service;
- resell, sublicense, rent, lease, or otherwise make the Application or Your License available to any third party not authorized under these Terms;
- use the Service for any unlawful purpose, or to transmit any malicious code, virus, or other harmful component; or
- interfere with or disrupt the integrity or performance of the Service.
The Company reserves the right to suspend or terminate Your access to the Service if You breach this section, as described under "Termination".
Intellectual Property
The Service and its original content (excluding Content provided by You), features, and functionality are and will remain the exclusive property of the Company and its licensors. The Application and Website are protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
User Content and Hosting
Any Content You create using the Application remains Your property. As between You and the Company, You retain all right, title, and interest in and to Your Content.
The Company does not host, store, or serve websites or Content that You publish. You are solely responsible for publishing and hosting Your own sites and Content using the hosting provider(s) of Your choice, and for ensuring that such Content and its hosting comply with applicable law and any third party's rights. The Company is not responsible for the availability, security, or performance of any third-party hosting You use.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access to the Service immediately, without prior notice or liability, if You breach these Terms and Conditions, including the "Acceptable Use" section. Termination for breach immediately revokes both Your License to the Application and Your access to any Plan, without refund.
We may also cancel or decline to renew Your Plan for convenience, in which case We will provide reasonable notice where required by law. Cancellation of the Plan does not revoke a License You have already validly purchased.
Upon termination for any other reason, Your right to use the Service will cease immediately, other than any perpetual License rights You have already validly acquired and which are not subject to revocation under this section.
Force Majeure
The Company will not be liable for any failure or delay in performance under these Terms resulting from causes beyond its reasonable control, including acts of God, natural disaster, war, terrorism, riots, embargoes, acts of civil or military authority, fire, flood, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials, or failures or outages of third-party services (including payment processors, hosting providers, or internet infrastructure).
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You to the Company for the Service in the twelve (12) months preceding the event giving rise to the claim, or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in. Under EU consumer protection law, You may also have a statutory right to withdraw from a purchase within 14 days without giving a reason; where this right applies to digital content or services, it may be limited once performance has begun. Our 14-day refund policy under "Refunds" above is intended to meet or exceed this requirement.
The European Commission also provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr, which You may use to resolve disputes.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. The Company may assign or transfer these Terms, at its sole discretion, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices published by the Company on the Service, constitute the entire agreement between You and the Company concerning the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between You and the Company regarding the Service.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- Business Name: Squircle AS
- Business Number: 925 797 766 MVA
- Post: Postboks 2880 Tøyen, 0608 OSLO, NORWAY
- Email: legal@splitleaf.eu