Last updated November 3, 2019
2. Your Responsibilities
You are responsible for all activity occurring under Your accounts. You shall abide by all applicable laws, treaties and regulations in connection with Your use of the Service, including, without limitation, those related to data privacy, international communications and the transmission of technical or personal data. You shall treat the account information, access and identification codes as confidential and with due care. You shall: (i) notify noWebApp immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (ii) report to noWebApp immediately and use reasonable efforts to stop immediately any copying or distribution of (parts of) Services that is known or suspected by You (iii) not impersonate another noWebApp User or provide false identity information to gain access to or use the Service
2.1 Refunds and Effective Cancellation Your subscription will remain active from the time you cancel until the end of your current billing period, and you will not receive a refund or credit for any remaining days in your current billing period. At the end of your subscription you will lose access to all features associated with nowebapp secure chat service. Deleting your nowebapp.com account or removing the Element application from your device does not cancel your subscription. You must email us to cancel your subscription.
3. Your Intellectual Property Rights
4. noWebApp’s Intellectual Property Rights
5. Privacy & Security
noWebApp’s privacy and security policies may be viewed at https://www.nowebapp.com/privacy-policy. noWebApp reserves the right to modify its privacy and security policies in its discretion from time to time. By providing noWebApp Your email address You consent to our using the email address to send You Service-related notices, including any notices required by law, changes to features of the Service and special offers. noWebApp’s implementation, development and operations teams shall have the right to access and use Your account information, and Customer Data for the purpose of delivery of the Service, respond to service or technical problems, on Your request, or to provide Professional Services. noWebApp shall be entitled to change the account, access- and identification codes assigned.
6. Representations & Warranties
noWebApp shall implement commercially reasonable technical and organisational measures to secure availability, confidentiality and integrity with respect to the Services, the Customer Data and personal information. However, unless explicitly otherwise agreed in writing between Parties, the Services are provided on an “as is” and “as available” basis, without warranties of any kind and the Services are accessed or used by You at Your own risk and without any right to support, maintenance, updates or any other services. noWebApp and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service. noWebApp and its licensors do not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free of operate in combination with any other hardware, software, system or data (b) the Service will meet Your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by You through the Service will meet Your Requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server(s) that make the Service available are free of viruses or other harmful components. All conditions, representations and warranties, whether express, implied statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by noWebApp and its licensors. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. noWebApp is not responsible for any delays, delivery failures, or other damage resulting from such problems.
noWebApp shall not be responsible for any Customer Data. You, not noWebApp, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and noWebApp shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. noWebApp reserves the right to establish or modify its general practices and limits relating to storage of Customer Data. You represent and warrant that You have not falsely identified yourself nor provided any false information to gain access to the Service.
7. Limitation of Liability
noWebApp may give notice by means of a general notice on the Service, electronic mail to Your e-mail address on record in noWebApp’s account information, or by written communication sent by first class mail or pre-paid post to Your address on record in noWebApp’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to noWebApp (such notice shall be deemed given when received by noWebApp) at any time by any of the following: email sent by confirmed facsimile to noWebApp at [email protected].
10. Assignment; Change in Control
11. Force Majeur
noWebApp shall not be bound to fulfil any obligation if prevented from doing so by force majeure. Insofar as not already included, force majeure shall further mean instances of strikes, company sit-ins, blockades, embargoes, government measures, war, revolution and/or any similar state, power failures, faults in electronic communication lines, cable breaks, fires, explosions, water damage, lightning damage, natural disasters, flooding and/or earthquake, shortage of and/or sickness of personnel and non-fulfilment by suppliers of noWebApp or force majeure on the part of suppliers of noWebApp.
You agree that noWebApp may terminate the providing of any gratuitous Services at any time, for any reason and without prior notice. You agree that noWebApp shall not be liable to You and/or any third party for any modification, suspension, or termination of the Service. The following Sections shall survive the termination and/or expiration of this Agreement: Sections 3 (Your Intellectual Property Rights); 4 (noWebApp ’s Intellectual Property Rights); 7 (Representations & Warranties); 8 (Limitation of Liability); 9 (Indemnification); and 16 (Final Provisions).
13. Modification to Terms
14. Final Provisions
“Agreement”, “Contract”: the arrangements agreed in a form or a document or in some other way, under which noWebApp will deliver the Services or any other products or services defined therein.
“Content”: the audio and visual information, documents, software, products, services, proprietary tools, source code samples, generic templates and reusable components, App Store content, libraries, know-how, techniques and expertise, (i) contained or made available to you in the course of using the Service, or (ii) used or developed by noWebApp in the course of developing or delivering Customer Deliverables.
“Customer Data”: any data, information or material, including posts, comments, documents, project information, models, applications, templates, code, widgets, themes, application data, user information and account information, provided, submitted, created, saved, added, uploaded or made available by You to the Service in the course of using or accessing the Service, except Services (or parts thereof) and Feedback.
“Customer Deliverables”: means deliverables that are provided by noWebApp as part of Professional Services that: (i) constitute Customer Data, or a modification, translation, abridgement or adaptation of Customer Data, or (ii) are expressly identified as being owned by You in the applicable Order Form or SOW, The term “Customer Deliverable(s)” does not include Content.
“Feedback”: any suggestions, ideas, enhancement (requests), recommendations or other feedback provided by You or any other party relating to the Services.
“noWebApp”, “Us”, “Our”, “We”: “noWebApp Inc.”
“Party”, “Parties”: You or noWebApp individually (‘Party’) or together (‘Parties’).
“Service”, “Services”: means all products, services of noWebApp.
“You”, “User(s)”: anyone who entered into an Agreement with noWebApp or uses or accesses a Service of noWebApp, including Your employees, representatives, consultants, contractors or agents who are authorised to use or access the Service of noWebApp or have been supplied user identifications and passwords by You (or by noWebApp at Your request), even if no charge is due or registration is needed.
16. Questions or Additional Information