Terms and conditions.
BY USING THE CAPACIO WEB SITE AND SERVICES YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, AS THEY MAY BE MODIFIED AND POSTED ON OUR WEB SITE FROM TIME TO TIME. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS THEN YOU MAY NOT USE OUR WEB SITE.
This web site contains many types of data and information, which are protected by trademark and copyright laws. It is therefore not permitted to download, copy or distribute the whole or any part of this web site without written permission to do so.
Introduction
These Terms and Conditions (this “Agreement” or “T&C”), is a legal agreement between you and Capacio AB, a Swedish company (“Capacio”), which guides your use of and access to the Application (as defined below) and the Website (as defined below). If you don’t want to be bound by this Agreement, please do not access or use the Application and/or Website. Capacio may terminate, without notice, your access to the Application and/or Website for failure to comply with this Agreement. By creating an account in the Application and/or on the Website, you accept this Agreement and agree to be bound by each of its terms. You also represent and warrant to Capacio that: You are at least 18 (eighteen) years of age and have the authority to enter into this Agreement (either on your own behalf or by having a parent or legal guardian agreeing on your behalf). This Agreement is binding and enforceable against you. To the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity. You have read and understand Capacio’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy”).
Purpose
The purpose of this agreement is to explain the terms and conditions under which Capacio will let you use the Application through your mobile device and/or use the Website (collectively the “Purpose“). As also mentioned in other parts of this Agreement, Capacio does not have any control over any merchants or other third parties, and therefore is not liable or responsible for any actions taken or supposed to be taken by any such third party.
Downloads
Downloads shall be entirely at your own risk. We shall not be liable for any damage which may result from the download, installation, storage or use of software or content from our web site not due to our fault. Although we use state of the art anti-virus programs, any liability for damage or disturbance of functionality caused by viruses or worms is excluded.
Content
We are liable for the content on our web site to the extent that this is governed by local law. However, we do not accept any liability for the accuracy, completeness, suitability for a particular purpose or currency of the information published.
Contact forms
Please read our Privacy Policy carefully prior to disclosing any personal data. We do not offer SSL encryption for the electronic transmittal of your personal data to us.
Links to other Web Sites and 3rd Parties
If you follow an external link and thereby leave our site, the content of such other web site is beyond our control and influence. We do not accept liability for this unless we had actual knowledge of the illegal content. In such cases we will disable the link after investigation.
Please note that the terms and conditions as well as our privacy policy of such linked sites may differ from the Terms and conditions and Privacy Policy of our site. Therefore, you should read and comply with the privacy policy and terms of use posted on linked sites.
Your License or Contract to Use Capacio
We are providing you with access to Capacio services and products pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license, approval, contract and service agreement. You can use Capacio products, services and offerings for personal, non-commercial use only, and subject to the T&C. This approval or license is available to you as long as you are not barred from Capacio by applicable law and your contract is not terminated by us or by you. If the T&C are not enforceable where you are located, you may not use Capacio at any time. Capacio reserves all right, title, and interest not expressly granted under this contract to the fullest extent possible under applicable laws.
Restrictions and Prohibited Uses
Capacio is used by many people, and we are proud of the trust our users place in us. We expect, in turn, that our users do not misuse our products and services. Except with our written permission, you shall not:
Attempt to impersonate another person or use another person’s Capacio profile account information without authorization
Use or distribute Capacio for your own scientific or clinical research purposes;
Use or distribute Capacio for commercial purposes;
Falsely state or otherwise misrepresent your affiliation with a person or entity, or impersonate any person or entity in a manner that does not constitute parody;
Copy, download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these T&C), modify, distribute, post, transmit, display, perform, reproduce, broadcast, duplicate, publish, republish, upload, license, reverse engineer, create derivative works from, or offer for sale any content or other information contained on or obtained from or through Capacio, by any means except as provided for in these T&C;
Violate or attempt to violate Capacio’s security features, including logging into a server that you are not authorized to access, violating the restrictions in any robot exclusion headers, or probing the vulnerability of Capacio systems and networks;
Post or otherwise make available any material that contains any software, device, instructions, computer code, files, programs and/or other content or feature that is designed to interrupt, destroy, harm, or limit the functionality of any computer software or hardware or telecommunications equipment;
Redistribute, decompile, reverse engineer, publish, or copy Capacio services, including cracking its flash (.SWF) files;
Use Capacio for the purpose of creating a product with a substantially similar look, feel or design;
Access or search Capacio by any means other than our publicly supported interfaces (for example, scraping, in-line linking, framing, or using any robot, spider, web crawler, or any other method of access other than manually accessing the publicly-available portions of Capacio or accessing Capacio through any API approved by us);
Post or do anything that could disable, overburden, or impair the proper working of Capacio;
Solicit personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
Use Capacio or any trademarks, test names, trade names, service marks, copyrights, or logos of Capacio, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
Violate any third party’s rights, including intellectual property or privacy rights;
Threaten, stalk, harm, or harass others; or engage in activity in connection that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.
Engaging in prohibited uses is grounds for immediate termination of your relationship as a customer with Capacio and may also subject you to civil or criminal penalties.
Modification and Termination
Capacio reserves the right at any time to modify or discontinue, temporarily or permanently, Capacio services and product offerings as per our web site with or without notice. You agree that Capacio shall not be liable to you or any third party for any modification, suspension or discontinuance of these services.
These T&C are effective unless and until terminated by you or us. We may, in our sole and absolute discretion, deny you access to all or part of Capacio at any time for any or no reason at all, with or without notice to you. If we terminate your right to access Capacio, these T&C will terminate and all rights you have to access Capacio will immediately terminate; however, certain provisions of these T&C will still apply post termination e.g. referrals and interlinks to our Privacy Policy, local laws, etc.
Subscription
Ongoing subscription. Your subscription, which may start with a free trial, will continue month-to-month unless and until you cancel your subscription, or we terminate it. You must provide us with current, valid, accepted billing information (as such may be updated from time to time, “Billing information”) to use our service. We will bill the monthly subscription fee to your Billing Information. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees to your Billing Information. Differing subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can send an email to support@capacio.com to get your specific details regarding your subscription. Some subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
Free Trials
Your subscription may start with a free trial. The free trial period of your subscription are specified during sign-up. Free trials may not be combined with any other offers. Free trials are for new subscribers. Capacio reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Billing Information for monthly subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. You can send an email to support@capacio.com to get the specific details of your subscription, including monthly subscription price and end date of your free trial period.
You will not receive a notice from us that your free trial period has ended or that the paying portion of your subscription has begun. We will continue to bill your Billing Information on a monthly basis for your subscription fee until you cancel.
Single assessments
We will bill your Billing Information for Single assessments upon your order.
Billing
Recurring Billing. By starting your subscription, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of our service to your Billing Information. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding to your subscription, and you authorize us to charge your Billing Information for such varying amounts, which may be billed monthly in one or more charges.
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
Billing Cycle. The subscription fee for our service will be billed at the beginning of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Billing Information on the 1st weekday each month in advance. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing if your payment has not successfully settled. Your renewal date may change due to changes in your subscription.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Billing Information. Invoice, payment in advance, with a payment 10 days after invoice date.
You may edit your Billing Information by sending an email to support@capacio.com.
If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Billing Information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Billing Information, as it may be updated. This may result in a change to your payment billing dates. For certain payments, the issuer of your payment may charge you a foreign transaction fee or other charges. Check with your Billing Information service provider for details.
Cancellation
You may cancel your subscription at any time, and you will continue to have access to our service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, send an email to support@capacio.com.