Terms of Service & Data protection

Chatpal Terms of Service
Effective: April 27, 2018

These terms are supplemented by the Redlink overall Legal Terms that explain how Redlink GmbH allows to use the Chatpal Service (“Service”). Your use of our service, and a number other aspects of your relationship with us, are subject to our privacy policy as well as these terms.

Your Status

By using our to use our Service you confirm that

  • you are legally capable of entering into binding contracts,
  • if you are an individual, you are of legal age as defined by Austrian law,
  • if you are acting for an organization (such as a company or a partnership), you are authorized to enter into these terms for and on behalf of that organization (in which case, references in these terms to “you” are to that organization, and not you personally)
  • by accessing and using our Service, you are complying with all applicable laws and regulations in the country in which you are located.

Access and Registration

We restrict access to our Service to users who have registered with us or who have had direct contact with our team.  We reserve the right to amend the Service without warning. We will not be liable if for any reason our Service is unavailable for use at any time or for any period except under our service level agreement (see below).

 

We will provide you with an Access Token (“Token”) per user registered that will enable you to access our services. Your Token should be considered private information and should not be shared to any person or organization. In case any accidental release, you are responsible of it revocation. Failure to abide by these terms may result in the termination of your access to services.

Suspension

We may suspend access or use to any portion or all of our site or our services at any time if we decide that:

  • your or another user’s use of our site or our services (i) poses a security risk to us, you, or another person, (ii) may adversely impact our site, our service, the data, you, or any other person, or (iii) may cause us, you, or any other person to incur a liability
  • you are in breach of these terms,
  • it is required by law.

Service Level Agreement

The service level agreement (“SLA”) is available only to paying clients of the Paypal Service (including those accessing it as on-premise installation at their site) and is ruled by direct contracts defining the SLA for each specific client and/or usage scenario.

You will not be entitled to any credit on our platform under this or any other SLA if you are in breach of these terms of use or if your account had been suspended or closed.

There are not SLA if you’ve been given the option of using our API but you are not paying our service.

Nature of the SLA

Our SLA does not cover the performance of the network or the internet as it is measured at the points at which our Services connects to the internet. In particular, this SLA does not cover anything that is beyond our control, including reasonable control (including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems, computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems and denial of service attacks).

The platform credit that might be offered under this SLA is the exclusive remedy for our Service not being available. If you close your account with any credit available on it, you will lose this credit and no refund will be paid.

Changes

We may change, discontinue, or add to, this SLA at any time. Registered users of our Service will be informed of this at least 15 days in advance – you are able to close your account before the change comes into effect if you don’t agree with it.

Interruption Outside of our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

 

This includes but is not limited to any act of God, event, non-happening, omission or accident such as: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of public or private telecommunications networks (including the internet); the acts, decrees, legislation, regulations or restrictions of any government; and the effects of any denial or service attack, virus or other malicious action against our systems.

It also includes result from the use of services, hardware, or software provided by a third party, including issues resulting from inadequate bandwidth or related to third-party software or services, such as cloud platform services on which MongoDB Atlas runs;

Data Available through Us

We seek to ensure that your personal data remains private with us. Any data that we collect is only used for the sole purposes of the services we provide to you. We consider the content that you manage through our services to be your private data. We do not seek to usurp your rights to your content nor do we grant any licenses to third parties to it.

The protection of your data is a top priority for us so we will maintain administrative, physical, and technical safeguards to guarantee those protections. Those safeguards will include measures for preventing unauthorized access, use, modification, deletion and disclosure of customer data by our personnel.

 

Customer (not us) bears sole responsibility for adequate security, protection and backup of customer data when in customer’s or its representatives’ or agents’ possession or control or when customer chooses to use unencrypted gateways (e.g., IRC/XMPP clients) to connect to our services. We are not responsible for what customer’s authorized users do with customer data. That is customer’s responsibility.

 

Closing Your Account

Closure by You

You can close your account with us at any time through your online account interface. Once you close your account, the agreement between us for the provision of services to that account will end.

Closure by Us

We can close your account:

  • at any time by giving you 15 days advance warning
  • immediately, if you breach these terms of use of our service or a contract.

Your Liability to Us, and Limits on Our Liability to You

We have no liability or responsibility for the data on our site, or available through our services. Your rights of recourse in respect of the data are against the licensor of the data, not us. By using our site and services you agree to avoid committing any illegal activities or infringing any law.

You are and will be the sole responsible entity for the contents and data you publish through our site and services. You levy us from any responsibility for any damage direct or indirect caused by the data you use through our services and take all responsibility without any restrictions of time and location.

Our services, and the Data, are provided ‘AS IS’. We do not promise that our site, our services,will be uninterrupted, error-free or completely secure. To the extent permitted by law:

  • we exclude, responsibility for results obtained from the use of our services, and for conclusions drawn from such use
  • we exclude all conditions, warranties and other terms that might be implied by law
  • neither you or us will be liable to the other for any indirect or consequential loss or damage
  • we exclude all liability for your misconduct, tort (including negligence) or breach to these terms.

 

We will not be liable if we are unable to provide our site, our services, for any reason that is outside of our reasonable control. Use of our services for any time critical or business critical purposes is at your own risk.

 

The only right of action or recourse that you shall have against us shall be under contract for breach of these terms. You will not be entitled to bring an action against us in tort, for breach of statutory duty, or under any other legal theory.

 

You must comply with all applicable laws and regulations of the country in which you are based. We will not be liable for any breach by you of any such laws, whether or not it is caused by our site, our services, or the data.

 

General

The terms are in English, and any contract and other communication between you and us shall be in English. The law requires that some of the information or communications we send to you is in writing. You accept that communication with us will be mainly electronic, through our site or by e-mail, and that this constitutes written communication.

When contacting you we will use the telephone, e-mail or postal address you provide to us when registering, or any replacement to those details that you have entered into your account on our site.

Any official communication or notice from you to us should be sent to our postal and e-mail addresses shown above in the “about us” paragraph.

If any part of these terms is found to be invalid or unenforceable, the remainder of the terms shall not be affected.

A person who is not party to these terms shall not have any rights under or in connection with them, or otherwise.

Transfer of Rights and Obligations

The contract between you and us (as set out in these terms) is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of your contract with us, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, charge, sub-contract or otherwise dispose of our contract with you, or any of our rights or obligations arising under it, at any time.

Delays in Enforcement

If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

Laws and Disputes

These terms, the formation of the contract between us, use of our site, use or our services, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of Austria. All disputes between us shall be decided only by the courts within Austria.