TERMS OF SERVICE
Your Data & Your Privacy
By using our Services you provide us with information, files, and other data that you submit to Claims (together, “your data”). These Terms do not grant us any intellectual property rights over your data. Your data remains yours, except for the limited rights that are needed to run the Services, as explained below.
You give us the permissions we need to do those things solely to provide the Services. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. This permission also extends to trusted third parties we work with to provide the Services.
You are solely responsible for your conduct, the content of your data, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
You acknowledge that Claims has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
You, and not Claims, are responsible for maintaining and protecting all of your data. Claims will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your data.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Claims of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to Claims, it is your responsibility to use a secure encrypted connection to communicate with the Services.
Software and Updates
Some use of our Service requires you to download a client software package (“Software”). Claims hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.
Property and Feedback
These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both within Australia and foreign countries. These Terms do not grant you any rights to use the Claims trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Claims Acceptable Use Policy.
Claims respects others’ intellectual property and asks that you do too. We do not pre-screen your data, but reserve the right to refuse or remove any of your data from the Services.
The Services may contain links to third-party websites or resources. Claims does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.
We offer both monthly and yearly fee options (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Website (which we may change from time to time on notice to You).
Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend Services at any time, if you are in default of a material obligation under these Terms, or use the Services in any way that would cause us legal liability, impact our ability to deliver the Services or disrupt others’ use of the Services (Objectionable Use). Should a suspension occur, you will be notified immediately of the suspension, in which we set out details of that default or Objectionable Use, and what we required you to do to remedy the default or cease the Objectionable Use (Suspension Notice). We also reserve the right to terminate your account in the event you do not comply with demands as outlined in the Suspension Notice within a reasonable time having regard to all the circumstances, or continue with Objectionable Use after the suspension has been lifted resulting in a further suspension. When Termination occurs (Termination Date), your account will be deactivated and your access to your account will be revoked. 30 days after the Termination Date, all of your accounts data will be permanently deleted, should you require an electronic copy of your data in a readable form on a portable hard drive it should be requested in writing within 14 days of the Termination Date. All costs for data export, the purchase of the portable hard drive and courier delivery will be covered by you.
You can cancel your service at any time by emailing email@example.com.
We will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
Claims.io is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we can’t promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Claims will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLAIMS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CLAIMS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN $500.
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our terms page, so please check those pages regularly. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY WESTERN AUSTRALIAN LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF WESTERN AUSTRALIA, AUSTRALIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
These Terms constitute the entire and exclusive agreement between you and Claims with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Claims’ failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Claims may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Claims and you are not legal partners or agents; instead, our relationship is that of independent contractors.
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