Terms and Conditions - Typewiser

Typewiser Terms Of Service

These Terms of Service set forth the terms and conditions that apply to your access and use of the Typewiser Service (the ‘Service’) owned by Caravel Innovation SLU, a company registered in Spain with its registered office at Calle Perez Galdos, 35002, Las Palmas de Gran Canaria ( Company Register no. B76271808) (referred to in the following as ‘we’ or ‘us’ or ‘Caravel’).

The Service consists of online support for business writing by means of functionalities accessible and usable through the Typewiser application. By accepting these Terms of Service, you agree to be bound by its terms and conditions. We may update these Terms of Service at any time, without notification to you. You should review them each time you access the Service. Your continued use of the Service shall be deemed irrevocable acceptance of any such revisions. Before you continue, you should print or save a local copy for your records.If you do not agree to these Terms of Service, you should not continue to set up your Typewiser account. These Terms of Service were last updated on May 2020. They are effective between you and Caravel as of the date you accepted them (‘Effective Date’).

Accessing the service, security and privacy

We will apply our best efforts to deliver a first class service, but can’t guarantee that the Service will be available continuously. We also reserve the right to suspend or restrict access to some features to users, in circumstances such as system failure, maintenance, repair or reasons beyond our control. In any event, we will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.

To access the Service you must register by either entering your email address and then choosing a password, or connecting via a supported social media account. You must treat such information as confidential, not disclosing it to any third party. There is a password reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend to choose a strong password and you log out from your account at the end of every session. We will not be responsible for any loss or disclosure of your data resulting from your use of the Service, including from your failure to adequately secure your log-in credentials.

It is a condition of your use of the Service that all information you provide is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As is common for online services, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

You shall use the Service for your internal business purposes as contemplated by these Terms of Service and shall not: (i) tamper with the security of the Service or with the accounts of any of our other customers, (ii) log into a server or account that you are not authorised to access, (iii) attempt to probe, scan or test the vulnerability of the Service or to breach the security or authentication measures without proper authorization; (iv) render any part of the Service unusable; (v) lease, distribute, license, sell or commercially exploit the Service without prior authorisation or make the Service available to a third party other than as contemplated in these Terms of Service; (vi) use the Service for timesharing or service bureau purposes or (vii) provide to third parties any evaluation version of the Service without our prior written consent.

In addition, you agree to comply with all applicable laws and regulations in your use of the Service and that in particular you will not use the Services to communicate any message or material that (i) is libelous, harmful to minors, obscene or constitutes pornography; (ii) infringes the intellectual property rights of a third party or is otherwise unlawful; or (iii) would otherwise constitute or encourage conduct that could constitute a criminal offence under any applicable law or regulation.

We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Service or any content provided on the Service is error free.

Where, in providing the Service, Caravel processes personal data on your behalf, this will be governed by our Data Protection Agreement. In agreeing to these Terms of Service, you are also agreeing to the terms of our Data Protection Agreement that you can find on our website.

Submission of content

The Service enables you to provide or upload content, including but not limited to text, images, video, data, and other information or content (collectively, “Content”), to us for the purpose of providing the Service. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and any consequences of submitting, providing or uploading it.

We will use Content you upload in connection with providing the Service to you, to maintain and operate the Site, to cooperate with any governmental investigation or as required by law or legal or administrative process, and to protect the rights and property of Caravel, its users and other third parties.

We will store the Content in our database and use it for our own statistical purposes. We will not disclose the Content to any third party unless requested by you and we will not commercially exploit the Content. All intellectual property rights and personal data protection rights remain preserved. You represent and warrant that you own your Content, or have all the necessary licenses, rights, consents and permissions to grant the license set forth herein, and that its provision to us or our use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

We retain the right to use or distribute any Aggregated Data generated by our customers or users. “Aggregated Data” means records which have been stripped of information potentially identifying Site users, and which have been manipulated or combined to provide generalized, anonymous information. Aggregated Data will not disclose you as the source or subject of the information.

Purchase of the typewiser service

If you agree to pay the fee for access to one of the Typewiser subscriptions (‘Paid Service’), the applicable non-refundable fee will be charged by us to the company or other corporate entity designated by you in accordance with the payment method you have chosen for your purchase, in advance either as a one off annual payment or on a monthly basis, depending on your chosen subscription. If you are paying by credit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of v such card (i.e. that the card is issued in your name). Any applicable taxes are not included in all prices stated on the Website. However the final price including any applicable taxes will be shown in the final bill summary prior to confirming credit card data.

We will make the Service available to you during the term of your subscription to the Paid Service. You agree that your purchase of the Paid Service is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written public comments made by us with respect to future functionality or features.

Certain service plans allow you to give additional users access to the Service, up to the number of permitted users specified in the applicable Paid Service description (‘Users’). The Users may include you and your employees, consultants, clients, contractors and agents. You must ensure that all Users comply with these Terms of Service and you are responsible for such compliance. If you exceed the number of Users permitted by your Paid Service, you will be in breach of these Terms of Service and we will have the right to terminate or suspend your access to the Service or pursue any other remedy available to us.

Prices

We may change the price for the Paid Service from time to time and any such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you at least 14 days in advance so that you have an opportunity to elect to not renew. If you do not wish to be bound by such changed price, you may terminate your subscription to the Paid Service in accordance with the Section of these Terms of Service entitled “Term and termination” below. Your continued use of the Paid Service after the communication of such price change to you constitutes an acceptance of such new price.

Automatic subscription renewal

Your subscription to the Paid Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with the Section entitled “Term and termination”. At the time of renewal, the payment method you have designated to be charged for the purchase of the Paid Service will automatically be charged our current fees for the applicable subscription.

Disclaimer of warranties, limitations of liability and indemnification

Your use of the Service is at your sole risk. The Service is provided ‘as is’ and ‘as available’. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. To the maximum extent permitted by law, we are not liable for damages, direct or consequential, resulting from your use of the Service, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights to the extent that such violation arises from your use of the Service. Because the Service is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information. Nothing in this agreement shall exclude either party’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.

Third party websites and providers

Our Service may contain links to third party websites, products or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party website or service. If you use our Service in conjunction with the applications or services of third parties, your use of such applications or services is subject to the terms and conditions specified by those third parties and we assume no responsibility for your use of the same.

Term and termination

These Terms of Service will become effective on the Effective Date and will remain effective until terminated by you or us. You may cancel your subscription to the Paid Service at any time by visiting your subscription page, which termination shall have effect at the expiry of the then-current subscription period that you have already paid for. We will not refund any remaining portion of subscription fees you have already paid for. We reserve the right to terminate these Terms of Service or suspend your Typewiser account at any time in case of unauthorized, or suspected unauthorized use of the Service whether in contravention of this Agreement or otherwise. If we terminate these Terms of Service, or suspend your Typewiser account for any of the reasons set out in this section, then to the maximum extent permitted by law, we shall have no liability or responsibility to you, and will not refund any amounts that you have previously paid.

Confidentiality

You and Caravel Innovation SLU each agree to keep confidential all confidential information provided by the other party in connection with these Terms of Service and to protect such confidential information in the same manner as it protects its own confidential information. Neither of you nor Caravel will disclose or use any confidential information of the other party for any purpose outside the scope of these Terms of Service except with the disclosing party’s consent or as required by law.

In case you are purchasing services from a third party via our website we will not be responsible for the confidential information shared with such third party. You are advised to review the terms and conditions applicable before purchasing extra services.

Customer data

You retain all right, title and interest in and to all data (including personal data) that you upload to Typewiser through your use of the Service. When Caravel is processing personal data on your behalf our Standard Data Protection will apply to such processing. In addition to these Terms of Service, you are required to enter into a separate Data Protection Agreement which sets out the way in which personal data will be processed as part of the Typewiser Service.

Intellectual property

Caravel respects intellectual property rights, and expects you to do the same. The Service and the content provided through Typewiser is the property of Caravel or Caravel’s licensors and is protected by intellectual property rights (including but not limited to copyright). By registering to use the Service we grant you a non-exclusive non-transferable licence to use the Service and you acknowledge that, except for the rights granted hereunder, you do not have a right to use the Service (including but not limited to its content) in any manner not covered by these Terms of Service.

In particular, you shall not: (i) modify, translate, or create derivative works based on Typewiser or any element of the Service; (ii) create any link to Typewiser or frame or mirror any content contained or accessible from the Service, (iii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of Typewiser; (iv) or access the Service in order to (a) build a competitive product or service, or (b) copy any ideas, features, functions or graphics of the Service. Furthermore, you must not infringe any third party’s intellectual property rights in using Typewiser or the Service. Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Service.

Technology limitations and modifications

We will make reasonable efforts to keep the Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice.

Assignment

We may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.

Entire agreement

These Terms of Service constitute all the terms and conditions agreed upon between you and Caravel and supersede any prior agreements in relation to the subject matter of these Terms of Service, whether written or oral. Any additional or different terms or conditions in relation to the subject matter of these Terms of Service in any written or oral communication from you to us are void. You agree and accept that you have not accepted the terms and conditions of these Terms of Service in reliance of or to any oral or written representations made by us not contained in this Agreement.

Severability

Should for any reason or to any extent any provision of these Terms of Service be held invalid or unenforceable, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service and the application of that provision shall be enforced to the extent permitted by law.

Independent contractors

The Parties to this agreement are independent contractors. These Terms of Service do not create a joint venture or partnership between the Parties and neither of them are by virtue of these Terms of Service authorised to act as an agent, employee or representative of the other party.

Amendment and waiver

We may revise these Terms of Service from time to time. Any waiver of any right or remedy under these Terms of Service by us must be in writing and signed by us. No delay in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on one occasion shall not be construed as a waiver of any right or remedy on any future occasion.

Notices

Any notices under these Terms of Service shall be in writing and shall be deemed to have been delivered: (i) upon personal delivery; (ii) the fifth business day after mailing; or (iii) the third business day after sending by email. Notices to us shall be addressed as follows: Caravel Innovation SLU, Calle Perez Galdos 32, 35002, Las Palmas de Gran Canaria, Spain. Email: info@typewiser.com. By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change your e-mail address, as appropriate

Dispute resolution

We will make every reasonable attempt to resolve any dispute, claim or disagreement arising from these Terms of Service and/or your use of the Typewiser Service amicably and without the necessity for formal legal action, and trust you will do the same. Should informal settlement of any dispute not be possible, then the courts of England & Wales will have exclusive jurisdiction in resolving any such dispute. These Terms of Service are governed by English Law.

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