If you are acting on behalf of a company or organization, you accept this Agreement on behalf of such entity. The term "you" (or "Customer") in this Agreement will in this event refer to the entity on whose behalf you are acting, and you hereby warrant that you are duly authorized to represent such entity, and that we may rely on your acceptance of these terms as valid and binding for the entity in question.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms of service of this agreement. If you do not agree to all the terms of service of this agreement, then you may not access the Service. If these terms of service are considered an offer by Erudika, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Registration ("sign up") for the Website is required if you want to use the Service. If you sign up for an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not describe or assign keywords to any material you post to the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Erudika may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Erudika liability. You must immediately notify Erudika of any unauthorized uses of your account or any other breaches of security. Erudika will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
If you post any materials or data to the Website or otherwise make (or allow any third party to make) materials available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
By submitting Content to the Website, you grant Erudika a worldwide, royalty-free, and non-exclusive right to reproduce, modify, adapt and publish the Content solely for the purpose of enabling Erudika to provide you with this Service.
If you delete the Content, Erudika will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Erudika has the right (though not the obligation) to, in Erudika's sole discretion (i) refuse or remove any content that, in Erudika's reasonable opinion, violates any Erudika policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Erudika's sole discretion. Erudika shall have no obligation to provide a refund of any amounts previously paid by any individual or entity, having been denied access.
Erudika has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Erudika does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. You are responsible for keeping your private data safe, including your account password and your API secret key.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms of service, stated or unstated. Erudika disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Scoold Cloud links, and that link to Scoold Cloud. Erudika does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Erudika does not represent or imply that it endorses such website or webpage. Erudika disclaims any responsibility for any harm resulting from your use of external websites and webpages.
As Erudika asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Scoold Cloud violates your copyright, you are encouraged to notify Erudika in accordance with Erudika's Digital Millennium Copyright Act ("DMCA") Policy. Erudika will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Erudika will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Erudika or others.
This Agreement does not transfer from Erudika to you any Erudika or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Erudika. Erudika, ParaIO, Scoold Cloud, the Scoold Cloud logo, and all other trademarks, Service marks, graphics and logos used in connection with Scoold Cloud, or the Website are trademarks or registered trademarks of Erudika or Erudika's licensors. Other trademarks, Service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Erudika or third-party trademarks.
Erudika reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Erudika may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms of service of this Agreement.
You may terminate this Agreement at any time by cancelling your account on the Website that you subscribe to with immediate effect. Termination of this Agreement shall neither release you from any obligations undertaken under the clauses of this Agreement, nor from any obligations to pay us for any outstanding fees. Any outstanding fees will be billed or withdrawn from your registered credit card. You will not receive any refunds by cancelling your Account.
Erudika may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Scoold Cloud account (if you have one), you may simply discontinue using the Website. Erudika can also terminate the Website immediately as part of a general shut down of our Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
In case of termination, we will provide you with a reasonable opportunity to retrieve your Content in connection with the Service affected, if you so request. Such a request must be sent by email to Erudika within 14 days after you receive notice regarding the termination. In any event, Content will be deleted from our Website no earlier than 14 days after termination or notice regarding your account or the Service in question has been sent to you; whichever comes first.
The Website is provided "as is". Erudika and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Erudika nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Erudika, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. Erudika shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Erudika, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Payment is required for all Service plans after the end of the 14-day trial period. If you go over the limits of any of the subscription plans, payment will be required for upgrading to the plan that matches your usage of the Service. The Website shall not discontinue the Service abruptly in that case, or any other case where plan upgrades are required. Instead we will contact you by email and ask you to provide a valid credit card, name and adress, required for payment. This email will mark the beginning of a 7 day period, in the end of which we will deactivate your account until payment details are provided.
If your account has not been upgraded by the end of the trial period, all your deployed servers and allocated resources will be terminated and any persisted data will be deleted. The same applies if we have not recieved any payment for your subscription within 7 days after it is due.
Erudika will charge your credit card on a monthly or annual basis in arrears for the Service purchased and/or subscribed to. Charges are based on your elected subscription together with our measurements of your use of the Service, unless otherwise agreed to in writing. Prices depicted on the Website are final and are exclusive of VAT. You are responsible for paying all taxes and government charges, if any, in your own jurisdiction. Your subscription will renew automatically, unless Erudika terminates it or you terminate your subscription as described in Section 8. You must terminate your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
Any outstanding balance becomes immediately due and payable upon termination of any the Service for any reason.
Unpaid amounts are subject to interest charge at the rate of 1.5% per month, or the highest rate permitted by law, whichever is less. You are responsible for paying all reasonable expenses and attorneys’ fees that Erudika incurs collecting late amounts. Erudika reserves the right to discontinue the provision of any of the Service to you in the event of late payments.
To the fullest extent permitted by law, you waive all objections relating to charges unless submitted by email within 10 days after you have been informed about the charges.
Your payment information is not stored on our Website's servers - we rely on third party payment processing services to do that. Erudika may also provide information in connection with valid legal processes, including exercising its legal rights or defending itself against claims. Erudika shall not be liable for any use or disclosure of such information by such third parties.
Erudika reserves the right to change its fees and payment policies for the Service and will notify you at least 14 days before such changes become effective. Changes to the fees or payment policies will be posted on the Website.
This Agreement constitutes the entire agreement between Erudika and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Erudika, or by the posting by Erudika of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms of Service; Erudika may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Except to the extent applicable by law, if any, provides otherwise, this Agreement, and any access to or use of the Service and Website will be governed by the laws of the European Union (EU), excluding its conflict of law provisions, and the proper venue for any disputes arising out of, or relating to any of the same will be the courts located in Sofia, Bulgaria.