Terms and Conditions of Use
Definitions
“Site” referred to herein means breakdownstructure.com.
”Service” referred to herein means an online collaboration tool that enables projects or other concepts to be broken down hierarchically.
“We” or “Us” referred to herein means Breakdownstructure.com and Breakdownstructure AB.
“You” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of a legal entity, by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf.
A “Breakdownstructure.com Account” or “Account” referred to herein means a service, web site, or mobile application, provided by Breakdownstructure.com, where You may use Breakdownstructure.com to create, update, share, and publish information, data, text, messages or other materials (“User Content”).
”Content” can be any information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. For the purposes of these Terms of Service, “Content” also includes all User Content.
”Registration Data” is information required at registration, typically an electronic mail address and other information.
”Billing Data” is information necessary for billing.
Agreeing
By creating an Account or by using the Service, You are agreeing to be bound by the following Terms of Service (Terms), Privacy Policy and applicable laws. Terms apply to all Users, regardless of the way, purpose, duration or instruments used in accessing the Site or Services. These Terms represent the legally binding Agreement between You and Us.
Changes
We reserve the right to update and change these Terms without notice.
We reserve the right to modify or discontinue, temporarily or permanently, any part of the Service, at any time, with or without notice. Unless explicitly stated otherwise, any new feature of current Service, including the release of new tools and resources, shall be subject to these Terms.
Compliance
If You do not comply with the Terms We reserve the right to cancel or terminate Your access to the Site, or any part thereof, or Your user Account. We can, in our sole discretion, suspend or terminate access to all or parts of the Site and Services to You, without prior notice or need to deliberate on reasons for such measure. We reserve the right to deny Services to anyone at any time.
You are obliged to comply with any laws and provisions applicable to Your place of residence as well as to comply with any laws and provisions of the state of Sweden. You are forbidden to use the Service for any illegal purpose or to violate any applicable laws.
Intellectual Property Rights
The Site and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
We and/or our suppliers, as applicable, retain ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service.
The look and feel of the Service is copyright Breakdownstructure AB. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Service.
All Content posted on the Service must comply with any applicable copyright laws.
We claim no intellectual property rights over the material You provide to the Service. All materials uploaded remain yours.
Account requirements
Your login may only be used by one person – a single login shared by multiple people is not permitted.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
In order to use the Service, You must have a valid Account. To acquire an Account for the Service, You must provide Us with Registration Data. You are required to provide true, accurate, current and complete information as prompted by registration forms on the Site. You are responsible for maintaining the confidentiality of the access data for Your Account, and are fully responsible for all activities that occur under Your Account.
User content
You agree not to post content which is illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, incompatible with these Terms, Privacy Policy, or is otherwise objectionable to third parties. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service, or to take other measures We find to be appropriate.
You are responsible for all content posted and activity that occurs under Your account (even when content is posted by others who have their own logins under your account).
You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that You, and not Us, are entirely responsible for all User Content that You upload, post, transmit or otherwise make available via Your Account. We do not control the User Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of such User Content.
Content
The Service may contain Content. Subject to these Terms, We grant to You and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Service.
Usage, reproduction, modification, distribution or storage of any Content for other than purposes of using the Service is expressly prohibited without prior written permission from Us.
You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Communication
You understand and agree that the service may include certain communications from Us, such as service announcements, administrative messages, etc., and that these communications are considered part of the Service and You will not be able to opt out of receiving them.
REGISTRATION
Eligibility
By registering on the Site, You represent and warrant that You are of the age required in Your country to sign legal agreements, use web services while following applicable laws.
The Site is not directed to children, and we expect that any use by children will only be done with the guidance, supervision and consent of their parents, guardians and/or authorized school officials.
BILLING/PAYMENT TERMS
If You choose to subscribe to a Paid Plan, You shall pay fees to Us.
Upon selection of a Paid Plan, You will provide Us or our affiliates with the necessary billing information (“Billing Data”).
Paid Plans can be paid as either a monthly Subscription Fee or a yearly Subscription Fee.
If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You must promptly update all Billing Data to keep Your Account current, complete and accurate.
Billing cycles
If You select the Monthly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on monthly, at the date of your first subscription. You agree that We may charge to Your credit card all amounts due and owing for Your Account on that monthly basis or upon cancellation.
If You select the Yearly Fee, the credit card that You provide as part of the Billing Data will be automatically and immediately billed on the day You sign up. You agree that We may charge to Your credit card all amounts due and owing for Your Account on that yearly basis unless you cancel the account.
We will contact You via electronic mail to alert You upon each charge.
You agree that in the event We are unable to collect the fees owed to Us for Your Account through Your Subscription Fee, We may take any other steps We deem necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by Us in connection with such collection activity, including collection fees, court costs and attorney’s’ fees.
As long as Your Account remains active and in good standing, You will be charged the Subscription Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.
Modifications of Prices
Prices of all Services are subject to change upon 30 days notice from Us. Such notice may be provided at any time by posting the changes on the Site or the Service itself.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
If Your Subscription Fee payment is overdue, We will disable Your access to the features provided by the Paid Plan.
We may, at our sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate Your Account.
In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other Content (including Your User Content) contained in Your Account, and We may delete Your User Content.
You may still have access to read-only copies of Your User Content, and residual copies of information may remain in our system for some time for back-up purposes.
If You request that We delete Your User Content and files contained in Your Account, We will make all reasonable efforts to do so.
REFUNDS
We do not provide any refunds for use of the Service. If additional time to evaluate the free trial is needed before a purchase, please contact sales@breakdownstructure.com.
GENERAL PRACTICES REGARDING USE AND STORAGE.
You agree that We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that We may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time.
We retain the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that We reserve the right to log off users who are inactive for an extended period of time.
WARRANTIES
You understand that the Company uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
We do not warrant that (i) the service will meet Your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the service will meet your expectations, and (v) any errors in the Service will be corrected.
Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You.
No oral or written information or advice given by Us or our authorized representatives shall create a warranty or in any way increase the scope of our obligations.
INDEMNITY
You agree to indemnify, defend and hold harmless Us, our affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney’s fees as and when incurred) arising from Your use of the Service.
LIMITATION OF LIABILITY
In no event will We or our affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Service, the Site, or any available Content, or the provision of or failure to provide technical or other support service, anything caused by bugs, viruses, or any computer system, hardware, software, or program malfunctions, or any other errors, failures, or delays, whether arising in tort (including negligence) contract or any other legal theory, even if We, our affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, our, our affiliates’, suppliers’ and Resellers’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Service (if any) in the previous twelve (12) months.
WAIVER AND SEVERABILITY
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the SIte, Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed under the laws of Sweden, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in Sweden by Swedish residents. You also agree and hereby submit to the non-exclusive jurisdiction of the courts in Malmö, Sweden, for the resolution of any conflict arising out of or in connection with these Terms, the Site, or the Service.
ENTIRE AGREEMENT/GENERAL PROVISIONS
Notices to You may be made via either email or by displaying notices or links to notices to You generally on the Service.
All notices or other correspondence to Us under this Agreement must be sent to the following electronic mail address for such purpose: support@breakdownstructure.com