Terms & Conditions

Please read this agreement carefully before using this service.

eversign Terms & Conditions

Last Modified: Nov 2016

The eversign Terms and Conditions (the “Terms” or “Agreement”) forms the legal agreement between you, either an individual or a single legal entity (“You” or “you” or “Your” or “your”), and apilayer GmbH (“eversign”) for and on behalf of the eversign service (“eversign” or “Product” or “we” or “our”). These Terms and Conditions serve to govern your use of eversign, including any updates and accompanying written documentation.

These Terms and Conditions are subject to change at any time. Use of this site forms your consent and legally binding agreement to adhere to these terms. eversign may occasionally contact you via email.

Your Data and Privacy

When you use eversign, you agree that eversign may duplicate and store your data, information, files and folders in accordance with eversign policies and these Terms. All information you provide to eversign will remain your property. When you input or upload any file or document into eversign, regardless of its form or the content therein, you grant eversign a license to use that document as necessary to provide the services listed on the site. Any electronic information or recording created on or through eversign is and will remain the property of eversign.

For the purpose of providing the service only, we may need to share your data, information, folders and files with third parties and your use of this service forms your consent for the same. eversign may contain links to third party websites or resources. Your use of the third party materials is governed by their terms and not this agreement and responsibility for their service relies solely with them. You are responsible for maintaining and protecting your data in eversign and eversign is not responsible for any corruption or loss of your files or information or for backing up such information.

You must be 18 years old or older to use eversign and acceptance of terms constitutes your confirmation of the same.

Accounts, Passwords and Security

You must be a registered user to access eversign. Users must register using their email address, which automatically becomes their user name. You are responsible for keeping your password private and secure, and are prohibited from sharing your login and password with others. All activity occurring under your user name is your sole responsibility.

Acceptable Use and Conduct

You are solely responsible for your conduct and your data content uploaded or otherwise placed into eversign. eversign does not hold responsibility for any lack of appropriateness of any information which you may be able to access or view through eversign. You agree to indemnify, defend, and hold harmless eversign and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Product, or your violation of these terms.

eversign is for your personal or internal business use only and must be in compliance with all applicable eversign policies, laws, rules and regulations. As well as this, no third party rights can be violated or infringed upon through use of eversign. You may not use eversign for any commercial purpose including but not limited to selling, licensing, providing services, or distributing eversign to any third party unless you have received the express written consent of eversign beforehand.

Any unauthorized use of any eversign computer system will be considered a violation of these Terms and may also violate certain national or EU laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. eversign may immediately remove any content or data, or suspend or cancel accounts if it becomes aware of any misuse or illegal actions associated with an account or user, without prior notice to You.

While using eversign you are prohibited from abusing the rights and privacy of any other user. In addition you are not allowed to copy or upload files, run any vulnerability or authentication tests. You are strictly forbidden from sending any viruses, spam or malware, or disrupting the site or flow of information in any way. You must not use any offensive or unlawful material or publish anything misleading or fraudulent in nature.

Changes to eversign Products and Terms

eversign reserves the right to change any part of its service without prior notice and at any time without liability to you. This Agreement, as amended, will be effective upon use of eversign for all existing users immediately after posting of any amended terms on the eversign website. You agree to be bound by this Agreement, as modified. Any break to these clauses will result in your account being terminated.

You are advised to review the most current version of this Agreement from time to time, located at https://eversign.com/terms (or such successor URL as eversign may provide), so that you will be apprised of any changes.

License to eversign

Subject to the terms and conditions of this Agreement, eversign grants you a non-exclusive, non-transferable, limited and revocable license to use the Product for the sole and exclusive purposes of your personal or internal business purposes. The Product and their structure, organization, source code, and documentation belong solely to eversign and its licensors, and accordingly you agree not to allow third parties to sublicense, transfer, or distribute any part of the eversign service to any third party. You are not allowed to modify, adapt or translate any part of this service, or in any way act to derive source code from the Product.

Renewals

You agree that eversign retains the right to automatically and without notice renew your license to continue to use the Product upon expiration of your license period. You agree that if you elect to not permit eversign the right to automatically renew your license to use the Product or maintain your credit card information on file, then eversign may terminate your license.

Intellectual Property & Copyright

You acknowledge that eversign or third parties own all right, title and interest in and to the computer source code related to the Product, portions thereof, or software or content provided through or in conjunction with the Product, including without limitation all intellectual property rights. Except for the license granted in this section, all rights in and to the Product are reserved, and no implied licenses are granted by eversign.

If you have comments on the Product or ideas on how to improve them, please email support@apilayer.com. Please note that by doing so, you also grant eversign a perpetual, fully paid, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Product (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation. When using eversign, you must respect the intellectual property rights of others. We will respond to any notice of alleged copyright infringement if they comply with the law and are properly reported to us. We reserve the right to delete or disable content alleged to infringe.

Pricing Terms and Conditions

Free Accounts

eversign offers a free account option. eversign reserves the right to change the free account structure or terminate free accounts at any time.

Billing

Premium fees for upgraded accounts (Paid Accounts) will be billed based on the billing frequency (monthly or yearly) you choose, on each renewal (either the 1st of each month, or the first of each year) unless and until you cancel your Paid Account. eversign will automatically bill you by credit card or PayPal either around the 1st of each month (monthly billing frequency), or around January 1st of each year (yearly billing frequency). You acknowledge that the amount billed in any given period may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable tax, and you authorize us to charge you for such varying amounts. All fees and charges are non-cancelable and non-refundable, and no credits will be given for partially used periods, unless otherwise agreed to.

The Customer shall carry out payment of the total amount set out in the Subscription Plan using one of the following payment methods: Credit Card (Visa, MasterCard, Diner's Club, Disover, American Express) or PayPal. All Credit Card payments are being processed by PayLane Sp. z o.o., located at Arkońska Business Park, ul. Arkońska 6/A3, 80-387 Gdańsk, Poland.

If any fee is not paid in a timely manner, or eversign is unable to process your transaction using the information provided, eversign reserves the right to revoke access to your eversign account. eversign reserves the right to use our discretion to delete some or all of your data in order to prevent incurring continued costs after 30 days of delinquency.

eversign may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or on the website. If you want to use a different payment method, you may edit your information in your eversign account or by contacting a support representative. It is your responsibility to keep your contact information and payment information current and updated.

Cancelling Your Paid Account

Your Paid Account will continue in effect unless and until you cancel your Paid Account or we terminate it. You must cancel your Paid Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card or PayPal account. eversign will bill the monthly or yearly fees associated with your Paid Account plus any applicable tax to the credit card or PayPal account you provide to us.

You may cancel your Paid Account at any time, and cancellation will be effective immediately. If you wish to cancel your Paid Account you may do so within your eversign account or by talking to a representative. Refunds will not be issued on monthly or annual fees due to cancellation.

By signing up for an eversign Paid Account and providing eversign with your payment account information, you hereby agree to these payment terms and conditions.

Terminating Your Account

This Agreement is effective upon any use and remains in effect until your account is terminated. Terms that by their nature extend beyond termination shall survive termination of this Agreement. Failure to comply with any terms herein will result in automatic account termination. You agree to stop using all services upon termination of account. eversign reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. Upon termination of agreement eversign will allow access to your data for a period of 15 days after termination but reserves and notes that it is not legally obliged to do so.

Disclaimer of Warranties

THE PRODUCTS AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. EVERSIGN AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS, SOFTWARE AND SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE PRODUCT AND SUCH THIRD PARTY SOFTWARE AND SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND WHERE THAT IS IN EFFECT, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL EVERSIGN, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PRODUCT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF COPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF EVERSIGN, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED (i) US$25 IF NO AMOUNTS HAVE BEEN PAID BY YOU TO EVERSIGN OR (ii) THE AMOUNT PAID BY YOU FOR COPY IN THE THREE MONTH PERIOD IMMEDIATELY PRIOR TO THE CLAIM.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCT, FROM INABILITY TO USE THE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH OR BODILY INJURY OR THE LIMITATIONS ABOVE AND IN THOSE JURISDICTIONS THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Governing Law, Dispute Resolution, and Venue

The terms and use of eversign, product and software, are governed by Austrian law. Any litigation arising from use of eversign will be done through Austrian courts. As with all terms and conditions, use of eversign constitutes agreement to the same.

If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted which as closely as possible reflects eversign intent.

Entire Agreement and Assignment

These terms and conditions (including the eversign Privacy Policy) constitute the entire agreement between all parties respecting the subject matter herein and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding eversign. eversign’s failure to enforce a provision is not a waiver of its right to do so later. Any waiver of any provision of this Agreement will be effective only if in writing and signed by eversign. No rights may be transferred or assigned under this Agreement by you but you acknowledge and agree that eversign may freely assign its rights and obligations and this Agreement. Any attempted assignment or transfer in violation of the foregoing will be null and void.

Inquiries

All inquiries to eversign about the Terms should be made by emailing support@apilayer.com.

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