Terms of Service
Last Modified: 22 August 2023
These terms govern user access to the use of any and all of the products and services provided through or for Terrateam.io (hereinafter “Services”) developed by Terrateam B.V., d/b/a Terrateam (hereinafter “Terrateam”). Please read these Terms carefully before accessing or using these Services. By accessing or using any part of the Services, users agree to be bound by all of the Terms and all other operating rules, policies, and procedures that Terrateam may publish via the Services from time to time (hereinafter, the “Agreement”). You also agree that Terrateam may automatically change, update, or add on to our Services, and any changes will apply to the Agreement. Users will be notified of any changes to the Agreement.
- Who’s Who
“User” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us. We refer to Terrateam B.V., Bickerswerf 19, 1013 KV Amsterdam, Netherlands.
- User Account
User is solely responsible and liable for all activity conducted via the user’s Terrateam account. User is responsible for maintaining the security of the user’s own account including creating a secure password and keeping said password private. User agrees not to share or misuse access credentials relating to the Services. User must immediately notify Terrateam of any unauthorized uses of the Services or any other breach of the Agreement. If Terrateam reasonably believes that a user account has been compromised, Terrateam reserves the right to suspend or disable the user account.
Terrateam waives all liability for any acts or omissions by the user that result in adverse consequences for the user including any damages that may result from the act or omission. For example, if user is terminated from user’s place of employment for writing a negative blog post about user’s boss via one of Terrateam’s services, Terrateam is not responsible for said termination.
- Minimum Age Requirements
The Services are not intended for children. Users are not allowed to access or use the Services if the user is under 13 years of age (or 16 years of age in Europe). By registering an account, users are representing that they meet the minimum age requirements outlined above. Users may only use the Services if the user can legally form a binding contract with us. In other words, if a user is under 18 years of age (or the legal age of majority where the user lives), the user can only use the Services under the supervision of a parent or legal guardian. The parent or legal guardian is subject to all of the terms in the Agreement.
- Third-Party Content
Terrateam is not responsible for content (including, but not limited to, text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through the Services by users or anyone else (“Content”) or on websites that link to, or are linked from, the Services. Terrateam is not responsible for any use or effects of Content or third-party websites. Terrateam waives any liability arising from the above-referenced third-party interactions and further states that:
A link to or from one of the Services does not represent or imply that Terrateam endorses any third-party website; Terrateam does not control content from third-party websites. Terrateam isn’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. User is responsible for taking the necessary precautions to protect user’s own account, personal information, and computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Terrateam is not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content. Please note that additional third-party terms and conditions may apply to Content users download, copy, purchase, or use.
- Fees, Payment, and Renewal
Fees for Paid Services: Some of the Services are offered for a fee, like Terrateam.io plans (collectively, “Paid Services”). By using a Paid Service, user agrees to pay the specified fees. Depending on the Paid Service, there may be one-time fees or recurring fees. For recurring fees, Terrateam will bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) selected by the user, on a pre-pay basis until the user cancels, which you can do at any time by contacting the relevant support team.
Taxes: To the extent permitted by law, or unless explicitly stated otherwise, fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). User is responsible for paying all applicable Taxes relating to use of the Services, payments, or purchases. If Terrateam is obligated to pay or collect Taxes on the fees user paid or will pay, user is responsible for those Taxes, and Terrateam may collect payment.
Payment: If user payment fails, or the Paid Services are otherwise not paid on time), or Terrateam reasonably suspects a payment is fraudulent, Terrateam reserves the right to immediately cancel or revoke user access to Paid Services without notice to user.
Automatic Renewal: To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless a user cancels a Paid Service before the end of the applicable subscription period, the Paid Service will automatically renew, and user authorizes Terrateam to use any payment mechanism Terrateam has on record for said user or invoice the user (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, Paid Services will be renewed for the same interval as your original subscription period. Terrateam may charge a user account up to one month before the end of the subscription period to make sure billing issues don’t inadvertently disrupt user access to the Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If a user purchased access to multiple services, that user may have multiple renewal dates. Users can view renewal date(s) and manage subscriptions for Terrateam.io Paid Services by logging into https://terrateam.io/. Users will be notified by email before Paid Services renew.
Cancelling Automatic Renewal: Users can manage and cancel Paid Services through https://terrateam.io/.
Fees and Changes: Terrateam may change fees at any time in accordance with these Terms and requirements under applicable law. This includes, but is not limited to, changing fees for standard services, implementation of fees for services that were previously free, and removing features or functionality that were previously included in the fees. If a user doesn’t agree with the changes, that user may cancel the Paid Service.
Refunds: There are no refunds and all payments are final.
User agrees that comments, ideas, or feedback provided to Terrateam may be used by Terrateam without any restriction or compensation.
- General Representation and Warranty
Users represent and warrant that use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of Terrateam or any third party;
- Will not overburden or interfere with Terrateam systems or impose an unreasonable or disproportionately large load on Terrateam infrastructure, as determined by Terrateam in Terrateam’s sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
- Intellectual Property
The Agreement doesn’t transfer any Terrateam or third-party intellectual property to any user, and all rights, titles, and interest in and to such property remains (as between Terrateam and user) solely with Terrateam. Terrateam logos used in connection with Terrateam websites or Services are trademarks or registered trademarks of Terrateam (or Terrateam’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using the Services doesn’t grant you any right or license to reproduce or otherwise use any Terrateam or third-party trademarks.
We may update, change, or discontinue any aspect of the Services at any time. Since Terrateam is constantly updating the Services, Terrateam sometimes must change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Terrateam, or if Terrateam posts a revised version. Terrateam will let you know when there are changes. Continued use of the Services after new terms take effect constitutes acceptance of the updated terms. In the event that a user does not agree to the updated terms, the user must discontinue use of the Services.
Terrateam may terminate user access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. Users may stop using the Services at any time, or, in the event of use of a Paid Service, a user may cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
The Services are provided “as is.” Terrateam and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Terrateam, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. Users understand that users download from, or otherwise obtain content or services through, our Services at users own discretion and risk.
- Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Amsterdam, Netherlands, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of the Services that are not otherwise subject to arbitration (as indicated below) will be the courts located in Amsterdam, Netherlands.
- Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Amsterdam, Netherlands, in the Dutch or English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
- Limitation of Liability
In no event will Terrateam, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Terrateam under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Terrateam shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Users agree to indemnify and hold harmless Terrateam, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to use of the Services, including but not limited to user violations of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that user posts, and any ecommerce activities conducted through user’s website.
These Terms were originally written in English (US). Terrateam may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
Terrateam may identify User as a user of the Services and may use User’s name, logo, and other trademarks in Terrateam’s customer list, press releases, blog posts, advertisements, and website (and all use thereof and goodwill arising therefrom shall inure to the sole and exclusive benefit of User). Otherwise, neither Party may use the name, logo, or other trademarks of the other Party for any purpose without the other Party’s prior written approval.
- Data Deletion
Terrateam will delete User Data in accordance with its standard schedule and procedures.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Terrateam and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Terrateam may assign its rights under the Agreement without condition. Users may only assign user rights under the Agreement with Terrateam’s prior written consent.