Postpace Terms of Service

The section titled “Dispute Resolution: Arbitration Agreement” controls how disputes will be resolved. It includes a mandatory arbitration provision. It’s important to read this section carefully. If you do not agree with these terms, please refrain from using the services.

Before using the website (referred to as “the Site”), and other media-related services, features, content, or applications offered by Postpace.io (collectively referred to as “the Services”), it is important to carefully read and fully understand the following terms of services (referred to as “the Terms of Service”), which includes Postpace.io’s Privacy Policy. These Terms of Service outline the legally binding terms and conditions that govern your use of the Site, and the Services. Postpace.io, “we,” “us,” or “our” are used interchangeably to refer to the service provider.

Your ability to utilize the Services provided is dependent upon your agreement to the Terms of Service stated herein. By clicking “accept” and using the Services, you are unequivocally accepting these Terms of Service. If you do not concur with any of the provisions outlined in these Terms of Service, you must click “cancel” and are prohibited from accessing or utilizing the Services in any capacity or for any reason.

Acceptance of Terms of Service

  • By utilizing the Services in any way, whether it is by exploring the Site, or registering for them, you acknowledge and accept the Terms of Service and any additional operational regulations, policies, or procedures that may be issued by us from time to time on the Site. These rules are integrated by reference and can be revised at any time without any prior notice to you.
  • All individuals who use the Services, whether registered or not, including those who contribute content, information, and other materials or services, are subject to these Terms of Service.

Qualification

It is required that you confirm that you are at least 13 years old. If you are younger than 13, you are not allowed to use the Services, regardless of the circumstances. 

We have the right to reject providing the Services to anyone or change the criteria for eligibility whenever we want. You are responsible for making sure that you comply with all the applicable laws and regulations when using the Services, and we can withdraw your right to access the Services if you violate these Terms of Service or if using the Services conflicts with any laws, rules, or regulations. The Services are intended solely for your use, and not for any third party to use or benefit from.

Registration

In order to utilize the Services, you will need to create an account (referred to as an “Account”). This involves registering for either an Admin Account or a Team Member Account on the Services. The individual who creates an Admin Account (referred to as “Admin”) is responsible for inviting others (referred to as “Team Members”) to create Team Member Accounts linked to the Admin Account. It is essential to provide accurate and complete information and maintain updated Account details. Using someone else’s name with the intent to impersonate them or using someone else’s name without permission is strictly prohibited. You are accountable for all actions taken on your Account and must keep your password secure. Without permission, you may not use someone else’s user account or registration information for the Services. If you become ineligible to use the Services, experience a security breach or unauthorized access, or any changes to your Account information, you must notify the appropriate party immediately. You should never share your login information with anyone else. You have the option to delete your Account, either directly or by requesting assistance from one of our employees or affiliates.

Content

  • Definition. The meaning of “Content” in these Terms of Service includes a broad range of materials such as information, videos, audio files, data, text, photographs, written posts and comments, software, scripts, graphics, and interactive features that are generated, provided, or made available through the Services. Additionally, all generated User Content is also considered “Content.”
  • User Content. The person who created, uploaded, submitted, distributed, or posted any content on the Services (referred to as “User Content”) is solely responsible for it, regardless of whether it was transmitted publicly or privately. You declare that any User Content you provide is truthful, comprehensive, current, and complies with all applicable laws, rules, and regulations. You accept that you assume all risk associated with accessing any Content on the Services, including User Content, and that you alone will be accountable for any damage or loss incurred by you or any other person as a result. We cannot guarantee that any Content accessed through the Services will be or remain accurate.
  • Notices and Restrictions. The Services might include Content that is provided by us, our partners, or our users. This Content is safeguarded by laws and proprietary rights such as copyrights, trademarks, service marks, patents, and trade secrets. Whenever you access any Content through the Services, it’s your responsibility to comply with and uphold all copyright notices, information, and limitations that are mentioned within.
  • Use License. Provided that you follow these Terms of Service and abide by the law, you are allowed to use the Services we offer, including downloading and locally displaying the Content that you license from us. Any use, reproduction, modification, distribution, or storage of the Content for purposes other than using the Services is strictly prohibited unless you have obtained written permission from us beforehand. You are not permitted to sell, license, rent, or use the Content for commercial purposes or in any way that infringes on third-party rights. If you violate these Terms of Service or our intellectual property rights in any way, your license to access and use the Services and Content will be automatically terminated, and all rights not explicitly granted to you are reserved by us. You are allowed to provide us with feedback, suggestions, bug or crash reports, and recommendations regarding the Services, and by doing so, you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify, and publicly perform the feedback, including making, selling, importing, and exporting it.
  • User Content License Grant. When you use the Services to submit User Content, you are giving us a worldwide, non-exclusive, transferable, and revocable license to access, modify, distribute, and display your content for the sole purpose of providing the Services or as allowed by these Terms of Service. This license ends when you delete your content from the Services. This license does not affect your ownership or license rights to your User Content unless otherwise agreed to in writing. We do not claim ownership over any User Content you store, process, or link in your Account or through the Services. You confirm that you have the right to grant us these licenses without infringing on any third-party rights, including but not limited to privacy rights, copyrights, trademarks, or other intellectual property or proprietary rights.
  • Admin Accounts. As an Admin, you have the power to initiate and oversee projects (referred to as “Projects”). You may invite Team Members to access and work on any Projects associated with your Admin Account, as well as invite external collaborators (referred to as “Collaborators”) to view specific Projects. If you decide to terminate your Admin Account, all Projects linked to it will be removed from Postpace.io’s Services, following our data retention policies described in our Privacy Policy. Additionally, links to such Projects that were shared with collaborators will no longer be functional. The confidentiality and privacy of your Projects are important to us, and we promise to keep them confidential, unless you direct us otherwise, or we are legally obligated to disclose them, in accordance with our Privacy Policy.
  • Sharing of Content. When you contribute, generate, upload, present, distribute, or publish User Content to a Project, such User Content becomes accessible to any and all Team Members associated with the corresponding Admin Account. You hereby agree to and shall grant each such Team Member with whom you share User Content through a Project the ability to access, use, import, edit, modify, truncate, aggregate, adapt, reproduce, distribute, display, publish, disclose, transmit, prepare derivative works of, store, cache, and perform such User Content, including after the termination of your Team Member Account or the Services. When you transmit a link to a Project to a Collaborator, you acknowledge that each such Collaborator has the capability to view, access, and display such Project, including after the termination of your Team Member Account or the Services. Additionally, when you transmit a link to a Project to a Collaborator, you may opt to grant the relevant Collaborator any or all of the following supplementary rights: download the Project, publish such link to such Project, and/or invite third parties to view, access, and display such Project. By using Postpace.io, if you initiate or are invited by another individual or organization that is utilizing Postpace.io products and services under a distinct agreement with Postpace.io (hereafter referred to as the “Third-Party Account Holder”) to Share (as described below) or modify User Content in a document, space, library, canvas, or other collaboration environment managed by the Third-Party Account Holder (each a “Collaboration Space”), you acknowledge and accept that the Third-Party Account Holder is exclusively responsible for implementing the settings, including commenting, editing, access, publication, and ownership settings, for all content, including User Content, in the Collaboration Space. The Third-Party Account Holder reserves the right to limit or terminate your access to the Collaboration Space at any time. If you do not want the Third-Party Account Holder to have control over your User Content, it is recommended that you do not Share or modify your User Content in a Collaboration Space and keep backup copies of User Content. Postpace.io bears no responsibility or liability for any loss, use, or misuse of User Content in a Collaboration Space. You acknowledge and accept that (A) Postpace.io will not participate in any disputes between you and any Third-Party Account Holder; (B) you will not attempt to make Postpace.io a party to any such dispute, and (C) Postpace.io will have no responsibility or obligation to either you or a Third-Party Account Holder for any content, including User Content, that is the subject of such a dispute. For the purposes of this document, the term “Share” means to email, post, transmit, stream, upload, or otherwise make User Content available to a Third-Party Account Holder or another third party through your use of the Services.
  • Content Deletion. The User Content that is accessible via a Project will remain available on that Project until either the relevant Admin Account is terminated from the Services, or the User Content is deleted from the Services. If either of these events occur, the User Content will be removed from the Services according to Postpace.io’s data retention policies and procedures. Removal of User Content can be done by the responsible Admin for the relevant Project, or by any relevant Team Member.
  • Warranties. By using the Services, you are confirming that (i) your User Content will not infringe upon the rights of any third party, such as intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information; (ii) you have received all necessary approvals, authorizations, and/or consents from any individuals featured in your User Content to include their name, voice, performance, or likeness and to share it on the Services; and (iii) the storage, use, or transmission of your User Content is in compliance with the law and the Terms of Service.
  • Free Memberships, Offers, or Trials. Postpace.io has the right to offer free memberships, trial memberships, and other promotions at its discretion. If you are given free or trial access to the Services, these Terms of Service will apply. Postpace.io can end your free or trial access at any time without notice, and without liability to you, if it suspects abuse or for any other reason allowed by the law. Once your free or trial access ends, you can only continue to use the Services by subscribing to a paid plan or as authorized by Postpace.io. During the free or trial period, the Services are provided “as-is” and with all defects, and no warranties, either expressed or implied, apply. Technical or other forms of support are not included.
  • NFR Version. The Services provided by Postpace.io may also designate the Services as “trial”, “evaluation”, “not for resale”, or other similar designations (“NFR Version”). The NFR Version can only be installed and utilized for the specific duration and objectives stated by Postpace.io. Any materials generated through the use of the NFR Version must not be employed for commercial purposes.
  • Availability of Content. We cannot assure you that any Content will be accessible on the Site or Services. We have the authority to remove, edit or adjust any Content as we see fit, without any obligation to notify you, and for various reasons, such as claims or suspicions of violation of our Terms of Service by you, or if a third party or authority raises concerns about the Content. We may also remove or block any Content from the Services.
  • Unauthorized Use. If you become aware of any unauthorized use of (i) Content, (ii) Account or (iii) Services, including User Content, you must inform us in writing immediately. If a third party obtained access to any of these through you, refer to the Intellectual Property Removal Policy. You must take all necessary actions to stop the unauthorized use and provide us with cooperation and assistance upon our reasonable request. You are responsible for using a secure encrypted connection when transmitting User Content to us if you wish to protect it.

Business Titles

  • Business Users. If you were given the right to access and use Postpace.io services by an organization or group, such as a business, non-profit organization, or educational institution, you are considered a “Business User” of that organization. In this case, your Postpace.io profile is referred to as a “Business Profile,” and any mention of “you” in the terms of service refers to the Business. As a Business User, you agree that the organization that provided you with access may control your Business Profile and its content, and your use of the Services is subject to the organization’s agreement with Postpace.io. Your personal information may also be shared with the organization. If you received access to Postpace.io through a personal plan rather than an organization, you are a “Personal User” and have sole access and control over your content. If you have both personal and business access to Postpace.io, you are both a Personal and Business User.

In any case, irrespective of whether you use Postpace.io for personal or business matters, you are always considered to be a professional and not a consumer.

  • Business Email Domains. As a Personal User or a Business User, you may create a Postpace.io account using an email address provided or assigned to you by a Business (such as your work email address). If the Business establishes a direct relationship with us, they may want to add your account to such a relationship. If this happens, the Business may, with prior notice, roll your account into the Business’s account. This means the Business may (A) access the account; (B) take control over the account and any Content therein whether stored, uploaded, or imported before or after the date these Terms of Service were last updated; and (C) recommend any non-Business Content associated with such account to be moved to a new account that utilizes an email address not associated with such Business. You, as an individual or a Business User, also acknowledge that Postpace.io may provide your Personal Information to such Business, such as your name or email address. If you do not want a Business to access, use, remove, retain, or control an account or profile, please refrain from using an email provided or assigned to you by a Business when creating your Account.

Etiquette

  • By agreeing to use the Services, you agree not to engage in any activities that are forbidden by the Terms of Service or the law. You are accountable for all actions taken in relation to the Services, including but not limited to your behavior, the content you submit, and your interactions with other users.
  • It is your responsibility to quickly address and solve any notifications or allegations related to the material you have published. This includes any notifications received from individuals who claim that your content infringes on their rights.
  • It is prohibited for you (and any third party you allow) to engage in either (a) any action, or (b) the sharing or dissemination of any Content through the Service, including User Content that:
    • fails to comply with these Terms of Service;
    • violates any law or contractual obligation, or infringes on the rights of any other person or entity, such as patents, trademarks, trade secrets, copyrights, or rights of publicity;
    • we deem inappropriate in our sole discretion, including but not limited to content that is illegal, harmful, intimidating, insulting, untrue, misleading, deceptive, intrusive of someone’s privacy, and offensive in any other way;
    • is deemed as advertising, unsolicited or unauthorized, as well as junk or bulk e-mails which are also known as “spamming”;
    • may contain computer codes, files, or programs that are deliberately created to disrupt, damage, limit, or interfere with the proper functioning of any software, hardware, or telecommunications equipment. The purpose may also be to cause damage or gain unauthorized access to any system, data, password, or other information belonging to us or a third party;
    • pretends to be someone else, such as one of our staff or representatives; or
    • contains sensitive financial information or identification documents belonging to anyone.
  • In using the Services, you must not: (i) cause an unreasonable or disproportionately large burden on the infrastructure of the Services or the infrastructure of Third Party Providers that we use, as determined by us in our sole discretion; (ii) disrupt or attempt to disrupt the proper functioning of the Services or any activities taking place on the Services; (iii) attempt to bypass or circumvent any measures we have put in place to prevent or limit access to the Services, or to other accounts, computer systems, or networks connected to the Services; (iv) utilize any form of “spam” or auto-responder on the Services; (v) use automated or manual means, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) extract or collect any Content from the Services; or (vii) engage in any other activities that contravene our Terms of Service and policies.
  • It is prohibited for you to directly or indirectly engage in activities such as deciphering, decompiling, disassembling, or reverse engineering any part of the Services in an attempt to obtain source code, underlying ideas or algorithms, unless such restrictions are specifically prohibited by applicable laws. Additionally, you may not modify, translate, or create derivative works of any part of the Services, or copy, rent, lease, distribute, or transfer any of the rights you receive under this agreement. You are required to comply with all applicable laws and regulations at the local, state, national, and international levels.
  • We maintain the privilege to view, examine, store, and reveal any data that we consider essential to (i) comply with any relevant laws, regulations, legal procedures or government demands, (ii) enforce these Terms of Service, including scrutinizing possible breaches of them, (iii) recognize, prevent, or solve fraudulent activities, security or technical complications, (iv) answer to user assistance requests, or (v) safeguard the interests, property or welfare of ourselves, our users, and the general public.
  • Trade Sanctions and Export Control Compliance. You must follow the laws, rules, and limits of the US and other places that (A) control how you can import, export, and use the Services; and (B) may stop us from giving you the Services without warning. You promise to obey all these laws, rules, and limits, and you say that no place’s laws stop you from getting the Services. Also, you agree not to send or upload any content to the Services that the US controls for export (like technical data under the US International Traffic in Arms Regulations and technology under the US Export Administration Regulations) unless you have written permission from Postpace.io first.

Ownership

  • Ownership of User Content. All rights and ownership of User Content remain with you, whether you are an individual or a business. We do not assert any ownership over your User Content.
  • Postpace.io Intellectual Property. All rights, titles, and interests in the Services remain with us and our licensors. No rights to patents, copyrights, trade secrets, trademarks, or any other rights related to the items in the Services are granted to you except as stated in the Terms of Service. Any rights not explicitly granted under the Terms of Service are reserved by us.

Third-Party Services

The Services provide the capability to establish connections to other websites, services, and resources on the Internet. It is important to note that these third-party resources are not governed by our control and we do not assume responsibility for their content or any other aspect. The act of accessing these resources is undertaken at the user’s own risk. Our inclusion of any links does not imply endorsement or any association with their operators. We shall not be held 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 website or resource.

  • Marketing and selling our Services.
    • Displaying ads to you, which may include targeted advertising based on your interests or online behavior;
    • Corresponding with you;
    • Replying to your messages, get in touch with you when it’s necessary or you ask us to, and provide you with details regarding Postpace.io or our Services;
    • Customizing emails and other messages based on your preferences or including content that we believe will capture your interest.

Payment and Billing

  • Paid Services. Please be aware that some of our Services may require payment, either now or in the future. These are known as ‘Paid Services’. Any payment terms that you encounter while using or registering for a Paid Service are considered part of this Agreement.
  • Taxes and Third-Party Fees. It is your responsibility to pay all relevant taxes and fees imposed by third parties, which may include phone tolls, mobile carrier charges, ISP fees, data plan fees, credit card fees, VAT, foreign exchange fees, and foreign transaction fees. We shall not be held accountable for these charges, and you should contact your financial institution for further information. If you owe us fees, we may take appropriate measures to collect them, and you will be held responsible for any associated costs and expenses. If you are conducting transactions with a Postpace.io entity based in a different country, your payments will be remitted to a foreign entity.
  • Billing. For the use of our Paid Services, we bill you through a payment account linked to your Account on the Services (your “Billing Account”) using Stripe, our third-party payment processor (the “Payment Processor”). The processing of payments is subject to both this Agreement and the terms, conditions and privacy policies of the Payment Processor, which can be found at https://stripe.com/us/legal. We are not liable for any errors made by the Payment Processor. By opting to use our Paid Services, you authorize us to charge your chosen payment provider (your “Payment Method”) through the Payment Processor for all charges at the prices in effect at that time in accordance with the relevant payment terms. You agree to pay using your selected Payment Method. We have the right to correct any errors or mistakes, even if payment has already been requested or received.
  • Payment Method. Your payment terms are determined by your Payment Method and any agreements between you and your financial institution, credit card issuer or other provider of your chosen Payment Method. If we do not receive payment from you through the Payment Processor, you agree to pay all amounts due on your Billing Account upon demand. You give us permission to store any payment method you provide and to use it for your use of the Services. If your primary payment method fails or if the full amount is not charged, you authorize us to charge any other payment method in your account for the amount owed, including partial or incremental payments. If you have not given us a backup payment method(s) and fail to provide full payment, or if all payment methods in your account fail, we may suspend your access to the Services.
  • Recurring Billing. Some of our Paid Services may have an initial period with a one-time charge, followed by recurring charges for subsequent periods as agreed by you. By selecting a recurring payment plan, you acknowledge and accept responsibility for all recurring charges until you cancel. WE MAY CONTINUE TO CHARGE YOU ON A PERIODIC BASIS (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU NOTIFY US (AND WE CONFIRM RECEIPT OF YOUR NOTICE) THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE COULD REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, VISIT Postpace.io.
  • Current Information Required. It is your responsibility to provide and maintain current, complete, and accurate information for your Billing Account. You must promptly update all information, such as changes to your billing address, credit card number, or credit card expiration date, to keep your Billing Account up-to-date. You must also promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., due to loss or theft) or if you become aware of a potential security breach, such as unauthorized disclosure or use of your username or password. You can make changes to your information at Postpace.io. If you fail to provide any of the required information, you agree that we may continue to charge you for any use of Paid Services under your Billing Account and that we may participate in programs to update your payment information in order to charge you for amounts owed unless you have terminated your Paid Services as described above.
  • Change in Billing. If the charge to your Billing Account differs from what you preauthorized (except for changes in state sales taxes), you are entitled to receive, and we will provide, a notice of the charge amount and date before it occurs. Your use of your Payment Method is governed by any agreement you have with your payment provider. We may group charges and submit them as one or more total charges during or at the end of each billing cycle.
  • Auto-Renewal for Subscriptions. If you don’t opt out of auto-renewal through your Account Settings Postpace.io, any Subscription Services you have will automatically renew for the same length of time as your original subscription term, at the current non-promotional rate. You can change or cancel your Subscription Services at any time by going to Account Settings. If you cancel a Subscription Service, you can still use it until the end of your current term; it won’t renew after that. However, you won’t receive a prorated refund for any part of the subscription fee paid for the current subscription period.
  • Reaffirmation of Authorization. By not canceling or continuing to use a Paid Service, you confirm that we can charge your Payment Method for that service. We may submit those charges for payment and you are responsible for paying them. This doesn’t affect our right to seek payment from you directly. Your charges may be due in advance, in arrears, per usage, or as described when you first chose to use the Paid Service.
  • Free Trials and Other Promotions. You must use any free trial or promotion that gives access to a Paid Service within the time frame of the trial. To avoid being charged for the Paid Service, you must stop using it before the trial period ends. If you cancel before the end of the trial period but are still charged for the Paid Service, please contact us through Support.

Terminations

We can end your access to all or part of the Services at any time, with or without reason or notice. This may result in the loss and deletion of all information related to your membership. If you want to cancel your Account, you can do so by following the instructions on the Site or through the Services. Any fees paid are non-refundable. Parts of these Terms of Service that should continue after termination will do so, including licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

We don’t have a special relationship or fiduciary duty to you. You agree that we don’t have to take any action regarding:

  • which users can access the Services;
  • what Content you access through the Services; or
  • how you interpret or use the Content.

We strongly suggest that you keep your Content secure and make backup copies. This may include using additional encryption technology to protect Content (including User Content) from unauthorized access. You agree that we are not responsible for any deletion, correction, destruction, damage, loss or failure to store or encrypt any Content.

We are not liable for any Content you may or may not have obtained through the Services. The Services do not guarantee the accuracy, legality, or compliance with copyright laws of any Content accessed through them, and we are not responsible for such Content.

The Services and Content are provided “as is” and “as available” without any warranties, either express or implied. This includes warranties of title, non-infringement, merchantability, and fitness for a particular purpose. We, and our directors, employees, agents, suppliers, partners and content providers do not guarantee that the Services will be secure or available at any specific time or location, that any defects or errors will be corrected, that the Content or software available through the Services is free of viruses or other harmful components, that the Content will be secure or not lost or damaged, that the Services will not harm your computer system, or that the results of using the Services will meet your requirements. You use the Services at your own risk. We do not have any obligation to verify the identity of users subscribing to our Services or to monitor their use of the Services.

Indemnification

You agree to defend and protect us, our affiliates, and our respective employees, contractors, directors, suppliers, and representatives from any legal responsibility or costs that may arise from your use or misuse of the Services or Content, your User Content, breaking these Terms of Service or violating any intellectual property or other rights of any person or entity by you or anyone using your Account. We have the right to take over the defense of any issue that you would normally be responsible for. If this happens, you must help us and work with us to defend against it.

Limitation of Liability

Under no circumstances will we, our directors, employees, affiliates, agents, partners, suppliers, or content providers be held responsible for any damages or losses under any legal theory related to the Services. This includes lost profits, data loss, the cost of getting replacement goods or services, or any indirect, special, incidental, punitive, or consequential damages of any kind. This applies even if we were told that such damages might happen. It also includes damages from bugs, viruses, or other harmful software, regardless of where it came from. Our total responsibility for direct damages will not be more than the greater of the fees you paid us for the Services in the last three months or $500.

The limitations and exclusions in the Limitation of Liability section apply as much as the law allows. This is true even if a solution does not fully make up for your losses or does not work as intended. It is also true even if we knew or should have known that damages could happen.

These Terms of Service explain the full extent of Postpace.io and its affiliates’ legal responsibility and your only solution for any issues related to using the Services.

Governing Law

These Terms of Service shall be governed by and interpreted according to French law.

Arbitration Agreement

If you have a concern or dispute that Postpace.io Support cannot resolve (“Claim”), you agree to first try to resolve it informally by contacting us and providing a written Notice of Claim to the address in the Contact Section. The Notice must include your identity, a description of your Claim, the relief you seek, including any monetary amount, and cannot be combined with other individuals’ Notices. No legal action can be initiated until 60 days after the Notice is received. If the dispute is not resolved within 60 days of receipt, legal actions must be resolved through binding arbitration.

All Claims (and, more generally, all disputes) arising out of or in connection with the present Terms of Service shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a sole arbitrator appointed in accordance with the said Rules.

The seat of arbitration shall be Paris, France.

The language of the arbitration shall be English.

The law applicable to the dispute shall be French law. 

Modification

We may modify or replace any of these Terms or change, suspend, or discontinue the Services at any time by posting a notice on the Site or sending you notice through the Services, email, or other electronic means. We may also impose limits on features and services or restrict your access to parts or all of the Services without notice or liability. While we will provide timely notice of modifications, it is your responsibility to check the Terms periodically for changes. Your continued use of the Services after notification of changes constitutes acceptance of those changes.

Miscellaneous

Audits. If you are a Business, we may appoint our personnel or a confidential independent third-party auditor to inspect your records, systems, and facilities to verify your compliance with our Terms. This may occur no more than once every 12 months with at least 7 days’ prior notice. You will provide all records and information requested by us within 30 days to verify that your use of the Services conforms to your valid licenses. If verification reveals non-conformity with licenses, you must immediately acquire necessary licenses to remedy the non-conformity.

These Terms of Service are the entire agreement between you and us regarding the Services and supersede all prior communications and proposals. If any provision is found to be unenforceable or invalid, it will be limited or eliminated to the minimum extent necessary so that the Terms of Service remain in full force and effect. Failure to exercise any right provided for in these Terms of Service does not constitute a waiver of further rights.

Force Majeure. We will not be liable for any failure to fulfill our obligations if the failure results from causes beyond our reasonable control, including mechanical, electronic or communications failure or degradation.

Assignment. These Terms of Service are personal to you and cannot be assigned, transferred or sublicensed by you without our written consent. We may assign, transfer or delegate our rights and obligations without consent.

Agency. These Terms of Service do not create an agency, partnership, joint venture or employment relationship and neither party has the authority to bind the other in any way.

Notices. Unless otherwise specified in these Terms of Service, all notices will be in writing, sent to the address in the Contact Section and considered duly given when received if personally delivered or sent by certified or registered mail or the day after being sent by recognized overnight delivery service. We may notify you via email or postal mail associated with your account, postings within the Services or other legally accepted means. It is your responsibility to keep your account information current to receive notifications.

No Waiver. Not enforcing any section of these Terms of Service does not mean we give up our right to enforce that or any other section later on. Just because we waive compliance once, it doesn’t mean we will do so again. For a waiver of compliance with these Terms of Service to be valid, one of our authorized representatives must give you written notice.

Headings. The headings for sections and paragraphs in these Terms of Service are only there to make them easier to read and do not change their meaning.

Contact. You may contact us at the following address: 29 avenue de Condé, 94100 Saint Maur-des-Fossés, France.