Terms of Service

Effective: January 1, 2021

These Terms of Service (“Terms”) apply to your access to and use of the websites and web-applications and other online products and services (collectively, the “Services”) provided by Continuity IT Services OÜ (“Continuity” or “we”). By clicking your consent or by using our Services, you agree to these Terms, including the class action waiver.

Our Privacy Policy explains how we collect and use your information while our Terms outline your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms.

Your Account and Responsibilities

You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account. We recommend that you do not share your password with others.

User Content on the Services

Continuity may review your conduct and content for compliance with these Terms and our Rules, and reserves the right to remove any violating content.

Continuity reserves the right to terminate accounts of repeat infringers.

Rights and Ownership

You retain your rights to any data or content you submit, share, post or display on or through the Services.

Until otherwise agreed in a written contract you can use our Services only for your own purposes or for the purposes of the entity represented by you. Until otherwise agreed in a written contract you are not allowed to resell the Services or to provide services for third parties by using the Services of Continuity.

So long as you comply with these Terms, Continuity gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.

The Services and contents including graphics are protected by copyright, trademark, and other Estonian laws. These Terms don’t grant you any right, title or interest in the Services and contents, or graphics or Continuity trademarks, logos, or other brand features.

Separate and apart from the content you submit, post, or display on our Services, we welcome feedback, including any comments, ideas, and suggestions you have about our Services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as nonconfidential.

We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

Transfer and Processing Data

In order to provide you with our Services, you agree that we may process, transfer and store your uploaded information in the countries of the EU, where you may not have the same rights and protections as you do under local law.

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Continuity, and our officers, directors, agents, partners and employees (individually and collectively, the “Continuity Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Continuity Parties of any third-party Claims, cooperate with Continuity Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Continuity Parties will have control of the defense or settlement, at Continuity’s sole option, of any third-party Claims.

Disclaimers — Service is “As Is”

Continuity aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Continuity doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from Continuity or through the Services will create any warranty or representation not expressly made in this paragraph. Continuity may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk.

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of Continuity or the other Continuity Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

In countries where exclusions or limitations of liability are allowed, Continuity and Continuity Parties won’t be liable for:

(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if Continuity or the other Continuity Parties have been advised of the possibility of such damages.

(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of Continuity and the other Continuity Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the amount paid by you to use our Services.

Governing Law and Venue

These Terms and any dispute that arises between you and Continuity will be governed by the law of the Republic of Estonia except for its conflict of law principles.

Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Amendments

We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.

Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

Continuity’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

If you have any questions about these Terms or our Services, please contact us at legal @ continuity.cash .