Terms of Service

The Terms of Service applies between you, the Customer of Appknobs.io services and Charles Agile 2017 Ltd. (Provider), the owner and provider of this Service.

The Terms of Service should be read alongside, and in addition to, our Privacy Policy, which can be found at https://appknobs.io/privacy.

By accepting these terms of service, either by registering on appknobs.io or by clicking a box indicating your acceptance or by executing an order form or any other documentation that references this agreement, you agree to the terms of this agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

Definitions

  • We or us or Provider: Charles Agile 2017 Ltd, a company incorporated in England and Wales with registered number 10936731 whose registered office is at 17 Golderslea, 566 Finchley Road, London NW11 7SA;
  • User or you or Customer: any third party that accesses the Service and is not either (i) employed by Provider and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Provider and accessing the Website in connection with the provision of such services;
  • Documentation means the technical user documentation provided with the Services.
  • Services mean Provider's proprietary software-as-a-service solution(s) available at appknobs.io.
  • Code means the computer code - usually NPM packages - provided by Provider to be used by Customer

Terms

Provider warrants, for Customer’s benefit only, that each Service will operate in substantial conformity with the applicable Documentation. Provider’s sole liability (and Customer’s sole and exclusive remedy) for any breach of this warranty will be, at no charge to Customer, for Provider to use commercially reasonable efforts to correct the reported non-conformity, or if Provider determines such remedy to be impracticable, either party may terminate the applicable Subscription Term and Customer will receive as its sole remedy a refund of any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Subscription Term. The limited warranty set forth in this section will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer first noticed the non-conformity, (ii) if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services, or (iii) if the error occurred during a trial period.

Except for the limited warranty in the section above, all Services and Code are provided “as is”. Neither Provider nor its suppliers make any other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or noninfringement. Provider does not warrant that Customer's use of any service will be uninterrupted or error-free, nor does Provider warrant that it will review the Customer data for accuracy or that it will preserve or maintain the Customer content without loss. Provider will not be liable for delays, interruptions, service failures or other problems inherent in the use of the internet and electronic communications or other systems outside the reasonable control of Provider. Customer may have other statutory rights, but the duration of statutorily required warranties, if any, will be limited to the shortest period permitted by law.

To the extent permitted by law, Provider is not responsible for any delays, delivery failures, or any other loss or damage resulting from (i) the transfer of data over public communications networks and facilities, including the Internet, or (ii) any delay or delivery failure on the part of any other service provider not contracted by us, and Customer acknowledges that the service may be subject to limitations, delays and other problems inherent in the use of such communications facilities. Customer acknowledges that Provider cannot guarantee the absolute prevention of cyber-attacks such as hacking, spyware, and viruses. Accordingly, Provider shall not be liable for any unauthorized disclosure, loss or destruction of customer data arising from such risks as long as such risk cannot be attributed to negligence or failure on Provider’s part.

Except for excluded claims neither party (nor its suppliers) will have any liability arising out of or related to this agreement, the Services, the Documentation, or the Code for any loss of use, lost data, lost profits, failure of security mechanisms, interruption of business, or any indirect, special, incidental, reliance, or consequential damages of any kind, even if informed of the possibility of such damages in advance.

Provider’s and its suppliers’ entire liability to Customer arising out of or related to this agreement, the Services, the Documentation, or the Code at any time will not exceed £1 under this agreement.

This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Customer acknowledges that the Services are on-line, subscription-based products, and that in order to provide improved customer experience Provider may make changes to the Services, and Provider will update the applicable Documentation accordingly.

We may, at any time, and at our sole discretion, modify these Terms and Condition, including our Privacy Policy, with or without notice to the Customer. Any such modification will be effective immediately upon public posting. Your continued use of our Service following any such modification constitutes your acceptance of these modified Terms.

V1.0.0 29 January 2019