Terms of Use

Web Site Terms and Conditions of Use

1. Terms

The following terms and conditions of use (these “Terms of Use”) are terms of a legal agreement between you and Acceleratio Ltd. (collectively, “Acceleratio,” “us,” “we,” or “our”) and govern the terms and conditions of your use of and access to Acceleratio’s websites and online information. By accessing, browsing, and/or using this site and associated websites, online properties, and links (collectively, the “Site”), as well as Acceleratio’s online services (“Services”) and any downloadable materials, content, and information (“Materials”) or trial and acquired software licenses (“Software”), you acknowledge that you have read, understood, and agreed to be bound by these Terms of Use and to comply with all applicable laws and regulations.

If you are entering in to this Agreement on behalf of a Company or other legal entity, any acceptance of these terms will be considered a representation by you that you have the authority to bind such entity to these Terms and Conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms and Conditions, you may not proceed.

If you do not agree with any of these terms, you are prohibited from using or accessing this Site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Terms of Purchase and Sale

These Terms of Use govern your access to and use of the Site. Additional terms and conditions may apply to your purchase and/or use of Acceleratio products, Software, or Services and to certain provisions or pages of the Site as noted therein. For any Software that you download or use from the Site, if additional terms and conditions do not accompany the Software that you download or use, then the terms and conditions set forth in the applicable End User License Agreement located at www.acceleratio.net/eula will apply. You acknowledge and agree that your rights and responsibilities will be governed by such other terms and conditions.

3. User License

We shall own all rights, title, and interest in and to all of our intellectual property rights and you acknowledge and agree that except as expressly stated herein, these Terms of Use do not grant you any rights to or in patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses, save for the Software license which is granted to you upon acceptance of these Terms of Use.

Permission is granted to temporarily download one copy of the materials, content, and information (“Materials”) or trial software licenses (“Software”) on Acceleratio Ltd.’s website for personal, noncommercial, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

a. modify or copy the Materials or Software;
b. use the Materials or Software for any commercial purpose, or for any public display (commercial or noncommercial);
c. attempt to decompile or reverse-engineer any Software contained on our Site;
d. remove any copyright or other proprietary notations from the Materials; or
e. transfer the Materials or Software to another person or “mirror” the Materials or Software on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Acceleratio Ltd. at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

4. Account Information

You are responsible for all activity that occurs via your account using the Site or Services. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) share your account information (except with an authorized account administrator) or (b) use another person’s account. Your account administrator may use your account information to manage your use and access to the Services.

You must treat all identification codes, passwords, and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

If we terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

If your Account is terminated, you retain the right to use the Software purchased through the Site, subject to any terms to the contrary in the License applicable; however, you will no longer be able to download new copies.  Please ensure that you have legitimate copies of all purchased Software before terminating your Account.

5. Misuse

You must not misuse the Services, Software, or Content that we provide to you as part of the Services. For example, you must not:

  1. Copy, modify, host, stream, sublicense, or resell the Services, Software, or Materials (does not apply to authorized Acceleratio resellers);
  2. Access or attempt to access Acceleratio Services and Sites by any means other than the interface we provide or authorize;
  3. Circumvent any access or use-restrictions put into place to prevent certain uses of Acceleratio Services and Sites;
  4. Share Materials, Software, or Services or engage in behavior that violates anyone’s Intellectual Property Rights (“Intellectual Property Rights”means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights);
  5. Upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
  6. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  7. Attempt to disable, impair, or destroy the Services or Software.

6. Disclaimer

The Materials, Software, and Services on Acceleratio Ltd.’s Sites are provided “as is.” Acceleratio Ltd. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability; fitness for a particular purpose; or noninfringement of intellectual property or other violation of rights. Further, Acceleratio Ltd. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials, Software, and Services on Acceleratio Ltd.’s Sites or otherwise relating to such Materials, Software, and Services or on any sites linked to this site.

Whilst we exercise all reasonable skill and care to ensure that the Site is secure and free of errors, viruses, and other malware, you are strongly advised to take responsibility for your own internet security and that of your personal details and your computers.

7. Limitation of Liability

In no event shall Acceleratio Ltd. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Materials, Software, and Services on Acceleratio Ltd.’s Site, even if Acceleratio Ltd. or an Acceleratio Ltd. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

We accept no liability for any disruption or nonavailability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and state-mandated censorship.

To the fullest extent permissible by law, we exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Site or any content included on the Site.

If you are a commercial user, we accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage

In the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms of Use and shall not affect the validity and enforceability of the remaining Terms of Use. This term shall apply only within jurisdictions where a particular term is illegal.

8. Revisions and Errata

The Materials, Software, and Services appearing on Acceleratio Ltd.’s website could include technical, typographical, or photographic errors. Acceleratio Ltd. does not warrant that any of the Materials, Software, and Services on its Site are accurate, complete, or current. Acceleratio Ltd. may make changes to the Site content and materials contained on its Site at any time without notice. Acceleratio Ltd. does not, however, make any commitment to updating the Materials, Software, and Services.

9. Links

Acceleratio Ltd. has not reviewed all of the sites linked to its Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Acceleratio Ltd. of the site. Use of any such linked website is at the user’s own risk.

10. Site Terms of Use Modifications

Acceleratio Ltd. may revise these Terms of Use for its Site at any time without notice. By using the Site, you are agreeing to be bound by the version of these Terms of Use that is current at the time you are using the Site.

11. Other Terms

We may transfer (assign) our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell Our business).  If this occurs, we will inform you in writing. Your rights under these Terms and Conditions will not be affected and our obligations under these Terms and Conditions will be transferred to the third party, who will remain bound by them.

The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.

12. Order of Precedence

If there is any conflict between the terms in this Agreement and the additional terms, the additional terms set forth in the End User License Agreement located at https://acceleratio.net/eula/ govern in relation to that Service or Software.

13. Governing Law

Any claim relating to Acceleratio Ltd.’s Site shall be governed by the laws of Croatia without regard to its conflict-of-law provisions.

Acceleratio Ltd., Savska cesta 182, 10000 Zagreb, Croatia