1. INTRODUCTION
These Terms of Service (“Terms”) together with our privacy policy (“Privacy Policy”), the specific terms of the subscription plan of your choice (“Subscription Plan”), govern the relationship and form an integral part of the agreement between you or the entity you represent (“you” or “your”) and RentProg (Company), a limited liability company organized under the laws of Portugal, in connection with your use of certain software Company has developed and is constantly developing and the services Company offers in connection therewith (“Agreement”).
2. ACCEPTANCE OF THE TERMS
You must be of legal age in order to accept the Terms and enter into the Agreement. If you do not agree to the Terms, you are not allowed to use any of our services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the Terms. Your acceptance means that you are automatically bound by the terms and provision of the Agreement, including but not limited to these Terms.
3. DESCRIPTION OF SERVICE
We provide an array of software services for online collaboration and management (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
4. LICENSE
COMPANY is and will remain the exclusive owner of the software incorporated in the Services including updates thereto that are made available to you from time to time (“Software”) and all rights pertaining to the Software. Upon acceptance of the Terms you are granted a non-exclusive, non-sub-licensable right to use the Software (“License”) in accordance with and for the durations of the Agreement. The License also applies to any updates to the Software that COMPANY will make available from time to time. The License is not transferable and does not include the disclosure to you of source codes, techniques and/or processes incorporated in the Software or the right to copy any part of the Software, without COMPANY’s explicit prior permission thereto.
5. SUBSCRIPTION
5.1.The Services are available in Subscription Plans of various durations and cost.
5.2.The use of the Software is carried out on a paid basis in the form of a daily or monthly subscription. The Subscription is valid from the moment of its activation (payment) until the moment of refusal from further use of the Subscription or until the funds on the internal balance are exhausted.
5.3.The subscription starts automatically if the tariff conditions are met, or manually by the client or company manager. Payment is made by debiting from the internal balance of the service, replenishment is carried out by the user himself by paying using available methods, or automatically, when automatic payment is enabled (subscription payment). If a negative internal balance is reached, access to the Software may be suspended. If you pay automatically (subscribe), you must provide valid payment information. If the payment information provided is rejected for payment, you must provide new valid payment information. Otherwise, access to the Software may be suspended. Access to the Software will be provided immediately after the initial payment has been processed.
5.4.The paid subscription period is 30 (thirty) calendar days. Automatic debiting of subscription fees occurs regularly daily or every 30 (thirty) calendar days, depending on the selected option. When paying monthly, payment is due on the first day of each subsequent subscription period.
5.5.Payment for the subscription is carried out without the direct participation of the user, but with his prior consent on an ongoing basis by automatically debiting funds from the internal account in the service, bank account or account in the User's electronic payment system (similar services), in accordance with the rules and conditions of the bank and (or) payment system.
5.6.Confirmation of the payment is electronic checks and other documents issued by banks and payment systems in confirmation of the transfer of funds.
5.7.If you stop using the Software, you must unsubscribe yourself. Responsibility for untimely cancellation of the subscription is borne only by the user of the Software.
5.8.The subscription price is indicated on the website. At the same time, prices may change from time to time, which is displayed in the relevant section of the site. Price changes are effective from the beginning of the next subscription period after the price change date and are considered accepted by default. Otherwise (in case of not accepting the price change), you must unsubscribe.
5.9.You can unsubscribe at any time. Unsubscribing means refusing to use the Software and access to the entered data.
5.10. We do not offer refunds on license fees, setup fees, and/or development fees. If the service does not meet your needs, you can simply cancel your subscription.
5.11. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid Subscription Plan.
6. ORGANIZATION ACCOUNTS AND ADMINISTRATORS
6.1.When you sign up for an account for your organization (“Organization Account”) you may specify one or more administrators for the Organization Account (“Administrator” or “Administrators”). The Administrator will have the right to configure the Services based on your requirements and manage end users in your Organization Account. If your Organization Account is created and configured on your behalf by a third party, we are assuming that such third party is the Administrator. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an Administrator.
6.2.You are responsible for i) ensuring confidentiality of your Organization Account password, username and other sensitive information, ii) appointing competent individuals as Administrators, and iii) ensuring that all activities that occur in connection with your Organization Account comply with this Agreement. You understand that COMPANY is not responsible for account administration and internal management of the Services for you. You are responsible for taking the necessary steps to ensure that your organization does not lose control of the Organization Account. You agree to inform us immediately of any unauthorized use of your Organization Account by email to admin@rentprog.com.
6.3.We are not responsible for any activity in your Organization Account, nor for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Organization Account, or otherwise.
8. RESTRICTIONS ON USE
8.1.In addition to all other terms and conditions of the Agreement, you shall not:
(i) transfer the Services or otherwise make it available to any third party;
(ii) provide any service based on the Services without prior written permission of COMPANY ;
(iii) use the third party links to sites without agreeing to their website terms and conditions;
(iv) post links to third party sites or use their logo, company name, etc. without their prior written permission;
(v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
(vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of COMPANY;
(vii) violate any applicable local, state, national or international law; and
(viii) create a false identity to mislead any person as to the identity or origin of any communication.
9. SPAMMING AND ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
10. PERSONAL DATA AND PRIVACY
COMPANY will collect personal data, including but not limited to name and email address details (“Personal Data”), in order to provide and optimize the Services under the Agreement. We respect the confidentiality of your Personal Data and the Personal Data you provide in the Organization Account and/or otherwise by using our Services. You are responsible for the collection and use of third parties’ Personal Data you provide to COMPANY or of Personal Data which are provided by third parties through you and you warrant that COMPANY is authorized to process and use such Personal Data. You warrant that any and all Personal Data provided to COMPANY are correct. For more information on our collection and use of personal information, please read our Privacy Policy.
11. INTELLECTUAL PROPERTY RIGHTS
You are aware that COMPANY is and will remain the exclusive owner of any and all intellectual property rights to the Services, the Software, including but not limited to copyrights to the Software and rights to trademarks, trade names and know-how, unless explicitly agreed between the parties in writing You agree not to display or use, in any manner, COMPANY’s trademarks, logos and/or trade names without COMPANY’s explicit prior permission.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13. LIMITATION OF LIABILITY
YOU AGREE THAT COMPANY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL COMPANY’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
14. INDEMNIFICATION
You agree to indemnify and hold harmless COMPANY, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violation of any term under the Agreement, or any other claim related to your use of the Services, except where such use is explicitly authorized by COMPANY.
15. SUSPENSION AND TERMINATION
15.1. We may suspend your Organization Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of Organization Accounts should be made to admin@rentprog.com within thirty days of being notified about the suspension by COMPANY.
15.2. We have the right to terminate the Organization Account, which automatically means the termination of the Agreement if one of the following events occurs: (i) thirty days have passed since the notification of the suspended or disabled Organization Account and COMPANY determines in its sole discretion that the ground for the suspension or disablement remains valid; (ii) you are in breach of any provision under the Agreement; (iii) you are misusing the Services and/or your use of the Services is a threat to COMPANY’s security and/or the security of third parties; (iv) you become the subject of an involuntary or voluntary bankruptcy or similar proceedings or assign all or substantially all of your assets for the benefit of creditors. We will also terminate your Organization Account on your request. Suspension and termination of the Organization Account will include denial of access to all Services. Termination of the Organization Account includes deletion of information in your Organization Account, including but not limited to email addresses and passwords.
15.3. You will not be refunded subscription fees for the suspended period and/or for the remaining subscription period in the event of termination.
16. APPLICABLE LAW AND JURISDICTION
This Agreement and any dispute arising in connection herewith shall be governed by and construed in accordance with the laws of Portugal. The Parties shall endeavor to solve any disputes arising in connection with the Agreement and the execution thereof out of court. In the event of any dissatisfaction or potential dispute, please send your complaint to admin@rentprog.com. Should the Parties not be able to settle their dispute amicably, the dispute shall be brought before the competent court in Portugal.
17. CONTACT
If you have any questions or concerns regarding the Terms and/or the Agreement, please contact us at admin@rentprog.com.