Terms of Service
By using the nephics.com web site (“Service”), which provides electronic services from Nephics AB (“Nephics”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
To reflect Service updates and feature changes, Nephics will, from time to time and without prior notice, update and change the Terms of Service. Continued use of the Service 30 days after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://nephics.com/terms.
Violation of any of the terms below will result in the termination of your account. You agree to use the Service at your own risk. The service is provided on an “as is” and “as available” basis.
- You must be a human. Access using “bots” or other automated methods are only permitted for the Service APIs.
- During the signup and payment process, you must provide true and valid information, such as your legal full name, a valid email address, and any other requested information.
- Your personal account credentials (such as a password or an api key) may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and any associated password and/or api key. Nephics cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all information (“Content”) you post or upload to the Service and for all activity that occurs under your account.
- You may not use the Service for any illegal or unauthorized purpose, including, but not limited to: (a) Upload, post, host, or transmit unsolicited email or “spam” messages. (b) Transmit any worms or viruses or any data or code of a destructive nature. (c) Violate any laws in Sweden or in your jurisdiction (including but not limited to copyright laws).
- You expressly understand and agree that Nephics shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nephics has been advised of the possibility of such damages), resulting from your use of the Service through the web interface, the API or third-party products that access data through the API.
- Use of the Service is tracked and anlyzed using cookies by a third party service provider on behalf of Nephics. The tracking information is only used for improving this Service, and no information is transferred from our service provider to any other third parties.
- Nephics does not examine the contents of customer supplied data. However, during normal operation and maintenance, we may observe certain meta-data such as account information, configuration settings, and Service activity logs.
- You agree that Nephics may examine the contents of your account as necessary during customer support interactions initiated by you.
- Nephics does not permanently store logs of Service activity, as such logs are destroyed on a regular basis.
- Nephics store meta-data related to your usage of our service, as needed for providing various features of the Service.
- Nephics will not divulge data or meta-data concerning the behavior of our customers, the private contents of their personal accounts, or their records for billing, to any party for any reason. This, excluded court orders served directly by a court having jurisdiction. We will give immediate notice to any customer named in such a court order, and access to their service will not be interrupted unless specifically barred by the court order.
Payment and Refunds
- The Service is paid in advance and is non-refundable. There will be no refunds for unused pre-paid credits with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes imposed by authorities, and you shall be responsible for payment of all such taxes.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An account can be cancelled by an email request to the support email address given with the service.
- If you cancel your account before your credits are used, your cancellation will take effect immediately, but you will not be refunded for the remaining credits.
- Nephics, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Nephics service, at any time and for any reason related to violation of the Terms of Service.
- On removal of your account due to cancellation or termination, all of your data will be immediately deleted from the Service. This information can not be recovered once your account is removed.
Modifications to the Service and Prices
- Nephics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to pre-paid fees for the Service, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Service itself.
- Nephics shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the Content you provide to the Service. Your materials posted or uploaded remain yours.
- Nephics does not pre-screen Content, but Nephics have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright © 2009-2012 Nephics AB. All rights reserved.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Nephics, or any other Nephics service.
- You may not reproduce, duplicate, copy, sell, resell, exploit, or reuse any portion of the Service without the express written permission by Nephics.
General Service Conditions
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Nephics uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You understand that the technical processing and transmission of the Service, including your data, may be transferred in unencrypted form and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Nephics) of other customers, we reserve the right to immediately disable your account to ensure the performance of the service for other customers.
- Nephics does not warrant that (a) the Service will meet your specific requirements, (b) the Service will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service will be accurate or reliable, and (d) any errors in the Service will be corrected.
- The failure of Nephics to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Questions about the Terms of Service should be sent to firstname.lastname@example.org