TERMS OF SERVICE
Opigno is a product developed and offered by Connect-i Sàrl, a company based in Préverenges, Switzerland (collectively, “Connect-i”, “we”, “us” or “our”; please consult our contact page for our complete contact information).
The following Terms of Service is a legal agreement between you and Connect-i and govern your use of the website http://www.opigno.org (hereinafter: the “Site”) and the services support, development, SaaS hosting) we offer (see section 1 below; hereinafter: the “Services”).
Through the Site, you have access to a variety of resources and content. These include products, software, databases, data including images, photographs, layouts, graphics and information ("Materials"). Software, Materials, Services, and other information such as, but not limited to comments, faq, forums are collectively referred to as "Content."
1.1 SaaS hosting
1.1.1. Versions available
Opigno (hereinafter also referenced to: the “Software”) is proposed in a SaaS (Software as a Service) way.
Collaborative features (collaborative workspaces and live meetings) service is offered as additional service.
You assume full responsibility for the content stored on our servers, including, but not limited to, for any infringement of third party intellectual or industrial property rights, public order or morality.
You must maintain a valid email address where you can be contacted. Your personal information will be updated upon request.
1.1.3. Data property
You are the only owner of the data stored on our servers. Unless expressly authorized by you, Connect-i has no right to use, reproduce, adapt, modify, publish or distribute data created or saved by you.
1.1.4. Duration and termination
Subscriptions are concluded for a period chosen by the user (one month, or more). Before the expiration of this period, users will receive a notification, making possible for them to renew their subscription for the duration they want. In case of non-payment, the account will be deactivated and all its data definitely removed, without any possible claim from the users for any kind of indemnification. In case the subscription is cancelled by the customer before the expiration, there will be no reimbursement for the remaining time. A full backup of the client's data will be made accessible to the client.
Prices are calculated taking into account the number of users, and the disk space used. Please refer to our website for the current prices used and service levels available.
The client can rise at any time the number of users and disk space allowed, simply going into his account on www.opigno.org website. The reduction of users or disk space require the customer to contact us since it cannot be done safely and automatically at the moment. The reduction of service level (business to free or corporate to business) also requires the customer to contact us.
By user we mean every active account related to the client's Opigno platform, active meaning "not blocked" according to the Drupal status of users. This has nothing to do with the activity of user (frequency of connections on the Opigno instance).
In case of addition of an account during a month, the full month has to be paid for this account. No chargeback is possible in case of termination wished by the client before the end of the period paid.
Connect-i is free to change its prices by giving a written notice (e-mail) at least thirty (30) days prior to the end of the subscription period.
1.1.6. Our responsibilities
Security is one of our major concerns and we make everything reasonably possible to operate these servers in a secure way. Our hosting relies on modern and efficient servers, and we use all our expertise and the most advanced technologies to ensure the security of our servers. We cannot be considered as responsible for malicious introduction on our servers. However, we will use our best efforts to restore the service and server security as soon as possible.
Because the characteristics and limitations of the Internet, the client accepts that we cannot be held responsible for access speeds, delays, or lack of access to the client application. We reserve the right to temporarily suspend access to the services for maintenance and / or improvement reasons, without the right to compensation. However, we are committed to engage all the measures at our disposal to minimize this type of interruption, and to inform in advance, as soon as possible, the client of such interruptions.
Full and incremental backups are done according to the Service's description (please refer to our website).
For the bug correction warranty, we are also committed to correct any defect found by the client in the application within the time mentioned in the Service's description on our website.
Upgrades to the latest version of Opigno on Opigno SaaS platforms is included only within the same branch of Drupal. For example, versions based on branch 7.x of Drupal won't be upgraded to the branch 8.x. We will only maintain Opigno SaaS platforms until the underlying Drupal branch is officially maintained by Drupal. When the underlying Drupal branch is not maintained by Drupal any more, client will have the choice between upgrading to the next branch (not included in the price of SaaS hosting service) or have his subscription cancelled (a full backup of the client's data will be made accessible to the client). Connect-i can offer as an additional service to migrate the client's Opigno instance to the next Drupal branch, and a quote can be provided to the client.
1.2. Support service
The support is provided as a remote assistance to the client. The contact with the client is either via email, or via the form on our website (no phone support). In case of a support pack "Basic" or "Premium" subscribed by the client, we are committed to provide support for the use of hosted applications. The response time is mentioned in our website in the description of the pack subscribed by the client. "Business days" are the ones relevant for the city Lausanne in Switzerland. The support does not include any modification or coding by our team on the Opigno platform of the client, and just includes advices by email. We cannot under any circumstances be liable for any damages, direct or indirect, caused by the customer consequently to an advice we gave to him.
1.3. Development service
The development service we propose includes the development of features tailored to the client's request. Following the transmission of a description of the desired developments, a quotation will be sent to the client. If the client accepts the quotation, payment must be made in advance, prior to the start of developments. In case of direct or indirect damages caused to the customer by these developments, our liability will be limited to the amount paid by the client for these developments (see point 15.3). Specific developments made for the client will be distributed to the client under the GNU GPL v. 3 license.
1.4. Collaborative features service
Collaborative features (collaborative workspaces and live meetings) service is offered against subscription.
A free 30 days trial is offered. In case you want to keep those collaborative features active on your Opigno instance, you will have to renew it before the expiration of this trial period.
The client will receive reminder emails 7 days, 3 days, and 1 day before the expiration of their collaborative features service. In case the renewal is not done, it won't be possible to automatically reactivate the service (you will have to contact us).
2. Order of Services
Once the payment done, it is not possible to cancel orders placed on our website since the service delivered is custom-developed for each customer.
Prices indicated on the websites are exclusive of all taxes, levies and duties imposed by taxing authorities and you shall be responsible for payment of such taxes. You agree to pay for any taxes that are applicable to your use of the services and payments you make to us.
3. Terms Applicable to Specific Services
Some areas of the Site and some Services or Content provided or available on or through the Site, may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site or of the Services or Content. If there is a conflict or inconsistency between the Terms of Service and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site or for specific Services and Content, the latter shall have precedence with respect to your access and use of that area of the Site or of the Services and Content.
4. Use of Software
Software provided or available on or through the Site are protected by intellectual property rights. Opigno is distributed under GNU GPL v.3 license.
Your use of Opigno is subject to the terms of GNU GPL v.3 license and may only be redistributed in strict accordance with the terms of such license.
5. Use of Materials
Materials provided or available on or through the Site are protected by intellectual property rights, including copyrights, and are the sole property of Connect-i. You may download, store, display on your computer, smartphone or electronic device, view, display and print Materials Connect-i makes available on or through the Site subject to the following: (a) the Materials may be used solely for your personal purposes; (b) the Materials may not be modified or altered in any way except for Material made available under open or creative commons licenses which may only be modified in strict accordance with the terms of such licenses; and (c) the Materials may not be redistributed in any way except for Content which is made available under open or creative commons licenses which may only be redistributed in strict accordance with the terms of such licenses.
6. Reservation of Rights
The Site, the Services and Content provided on or accessible through the Site are the intellectual property and copyrighted works of Connect-i. Connect-i reserves all rights, title and interest with regard to the Site, the Services and the Content provided on or accessible through the Site.
Opigno® is a registered trademark of Connect-i Sàrl.
8. Security, Passwords and Means of Accessing the Site and Content
You agree not to access or use the Site or the Services in any manner that could damage, disable, overburden, or impair the Site, the Software, the Services or any Content, accounts, computer systems, database, software or networks. You agree not to attempt to gain unauthorized access to any parts of the Site, the Software, the Services or any Content, accounts, computer systems, software or networks. You agree not to interfere or attempt to interfere with the proper operation of the Site, the Software, the Services or any Content, accounts, computer systems, software or networks. You agree not to use any robot, spider, scraper or other automated means to access the Site, the Services or any Content, accounts, computer systems, software or networks and/or to extract, automatically or manually, Content without the Connect-i’s express written permission.
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Site. You are solely responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Connect-i immediately of any unauthorized use of your password(s) or account(s). We will not be liable for any loss or damage from your failure to maintain the security of your account and password.
9. No Unlawful or Prohibited Use
You agree not to use the Site, the Services or the Content provided on or through the Site for any purpose which is unlawful or prohibited by these Terms of Service, any applicable laws and regulations or the rules, guidelines or terms and conditions posted on a specific area of the Site and to comply with all laws or rules applicable to the Services.
11. Force majeure
Connect-i cannot be liable for any delay or failure, when the cause of the delay or failure was due to the occurrence of a force majeure event usually recognized by the courts. The force majeure events suspend the obligations of this contract for the duration of its existence. However, if the event of force majeure lasts for more than thirty consecutive days, it would entitle the automatic termination of this contract by each one of the parties eight days after sending a registered letter notifying the decision.
Connect-i has no obligation to monitor the Site or screen Content or Software that is made available on or through the Site. However, Connect-i reserves the right to review the Site, and the Content and to monitor all use of and activity on the Site, as well as to remove or choose not to make available on or through the Site any Content or Software if it deems appropriate, at its sole discretion.
13. Termination of Use
Connect-i may, in its sole discretion, at any time, discontinue providing or limit access to the Site, the Services, the Software, any areas of the Site or Content provided on or through the Site. Connect-i is entitled, at any time and without any obligation to indemnify you for any damages incurred, to delete your user account and block your access to the Site in the event it considers that your use of Site does not fully comply with these Terms of Service or with any applicable laws or regulations. Connect-i will terminate or limit your access to or use of the Site if you are considered to be an infringer of third party copyrights. You understand and agree that Connect-i shall not be liable to you or any third party for any termination or limitation of your access to or use of the Site, the Software, the Services or any Content.
14. Third Party Websites, Content, Products and Services
The Site may provide links to websites and access to Content, products, and services of third parties. Connect-i is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such websites and third party Content, products and services.
OPIGNO AS WELL AS SPECIFIC DEVELOPMENTS ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND.
YOU AGREE THAT YOUR USE OF OPIGNO IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, LOST OR DAMAGED DATA, WORK OR BUSINESS INTERRUPTION, CAPITAL LOSSES, COMPUTER OR WEBSITE FAILURE OR MALFUNCTION, OR SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCURRED BY YOU OR THIRD PARTIES AS A RESULT OF YOUR USE (OR IMPOSSIBILITY TO USE) OF OPIGNO. THIS DISCLAIMER ALSO APPLIES TO SPECIFIC DEVELOPMENTS MADE BY CONNECT-I FOR YOU.
15.2 Site, Services and Content
THE SITE, THE SERVICES AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONNECT-I EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, THE SERVICES AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. In no event SHALL Connect-i OR ITS ADMINISTRATORS be held liable for any damages arising OUT OF the use of THE SITE, THE SERVICES OR THE CONTENT.
CONNECT-I MAKES NO WARRANTY THAT: (A) THE SITE, THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE, THE SERVICES OR CONTENT WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE, COMPLETE OR RELIABLE; OR (D) THE QUALITY, COMPLETENESS OR RELIABILITY OF SERVICES OR ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, THE SERVICES OR THE CONTENT AVAILABLE ON OR THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND SOLE RISK. CONNECT-I SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, SMARTPHONE OR ELECTRONIC DEVICE OR LOSS OF DATA ARISING OUT OF THE DOWNLOAD OR USE OF THE SITE, THE SERVICES OR THE CONTENT.
CONNECT-I RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE, THE SERVICES AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
IN NO EVENT SHALL CONNECT-I BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF THE SITE, THE SERVICES OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE, INCLUDING INACCURATE, UNRELIABLE OR MISLEADING CONTENT.
15.3 Limitation of liability
TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR SERVICES.
You agree that any claim you may have arising out of or related to these terms or your use of THE SITE OR Opigno, the services or the content must be filed within one (1) year after such claim arose; otherwise, your claim WILL BE permanently TIME barred.
15.4 Exclusions and Limitations
17. Note About Minors
Minors are not eligible to use the Site and/or the Services, and shall not register on the Site or submit any information to us without involvement and agreement of a parent or guardian.
18. Legal Compliance
You may not access, download, use or export the Site, the Software, the Services or the Content provided or available on or through the Site, in violation of any applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of agency or authority, and not to directly or indirectly provide or otherwise make available the Services in violation of any such restrictions, laws or regulations.
19. Applicable Laws
All matters relating to your access to, and use of, the Site, Software, Services and Content provided on or through the Site shall be governed by the substantive laws of Switzerland, without regards to principle of conflicts of laws thereof. Any controversy, claim or dispute between a user and Connect-i arising out of or relating to this policy shall be subject to the exclusive jurisdiction to the ordinary courts of the seat of Connect-i, without prejudice to an appeal to the Swiss Federal Court.
Copyright© Connect-i Sàrl, 2018. All rights reserved.
21. Contact Information
If you have any questions regarding these Terms of Service, please email us at firstname.lastname@example.org