Terms of Service
Terms of Service
- Acceptance of Terms.
- 1.2-If you are entering into this TOS on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its Members, its Administrative Users, and its affiliates to this TOS. In that case, the terms “you” or “your” shall also refer to such entity, it’s Members, its Administrative Users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this TOS, you may not use the Service. You acknowledge that this TOS is a contract between you and 3T, even though it is electronic and is not physically signed by you and 3T, and it governs your use of the Service.
- 1.3-As our business evolves, 3T may change this TOS. If we make a material change to the TOS, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Site. You can review the most current version of the TOS at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is to cancel your account and stop using the Services, which you may do by clicking here or otherwise through the process provided in the Service.
- 1.4-As part of the registration process, you will identify an Owner’s user name (in the form of an email address) and password for your account. You may use these credentials to invite individuals to become Administrative Users and Members (each with their own password) under your account. The total number of users is limited to the maximum number permitted for your account. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account, including the activities of Members.
- 1.6-By accessing or using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this TOS. The Service is not directed to children under 13, so if you are under 13 years of age, you are not permitted to access or use the Services. If we become aware that you are using the Service even though you are under 13, we will deactivate your account.
- Description of Service.
2.1-The “Service(s)” means (a) 3T’s real-time EVENT control Platform and related applications, systems and technologies, and (b) all software (including the Software, as defined below), applications,
data, reports, text, images, and other content made available by or on behalf of 3T through any of the foregoing. The “Service” does not include Your Data (as defined below) or any software application or service that is provided by you or a third party, which you use in connection with the Service, whether or not 3T designates them as “official integrations” (each a “Non-3T Product”). Any modifications and new features added to the Service are also subject to this TOS. 3T reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to 3T.
- Access and Use of the Service.
- 3.1-You may access and use the Service only for lawful, authorised purposes and you shall not misuse the Service in any manner (as determined by 3T in its sole discretion). Administrative Users shall be responsible for all actions by Members on their team. You shall comply with any codes of conduct, policies, storage limitations, or other notices 3T provides you or publishes in connection with the Service from time to time, but if any of those policies materially change the TOS, we will provide you with reasonable notice as provided in Section 1.3 above. You shall promptly notify 3T if you learn of a security breach related to the Service.
- 3.2-Any software that may be made available by or on behalf of 3T in connection with the Service, including 3T’s mobile applications, (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, 3T only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service. Any rights not expressly granted herein are reserved.
- 3.3-3T reserves the right to use your name as a reference for marketing or promotional purposes on the 3T corporate website and in other communication with existing or potential 3T customers. For example, we might list your company on one of our webpages under lists of 3t customers. We don’t want to list customers who don’t want to be listed, so you may send an email to email@example.com stating that you do not wish to be used as a reference.
- 3.4-3T may make available, in its sole discretion, the 3T Application Programming Interface and related documentation, data, code, and other materials provided with the API (collectively “API”). You undertake use of the API at your own risk, and such use of this API is governed by this TOS and the 3T API Terms of Service (“API TOS”). You hereby agree to be bound by those terms, and acknowledge that violation of 3T’s TOS or 3T’s API TOS is grounds for termination of Your Account.
- Your Data Rights and Related Responsibilities.
- 4.1-“Your Data” means any data and content you upload, post, transmit or otherwise made available via the Services. “Your Data” orders you add through the service, files you upload, comments you make, profile information and anything else you enter or upload into the Service. 3T will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security. For more information on our current practices and policies regarding data privacy, security and confidentiality, please see https://3t-europe.com/security; we keep that document updated as these practices and policies evolve over time.
- 4.2-In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to transmit, store and copy Your Data in order to display it to you and your users, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Microsoft Azure Web Services) in the operation and administration of the Service and the rights granted to us are extended to these third parties to the degree necessary in order for the Service to be provided.
- 4.3-If any users send us any feedback or suggestions regarding the Service through the public solo.COMMUNITY, you grant 3T an unlimited, irrevocable, perpetual, free license to use any such feedback or suggestions for any purpose without any obligation to you.
- 4.4-You are solely responsible for your conduct (including by and between all users), the content of your Data, and all communications with others while using the Services. We may choose to review Public Content (solo.COMMUNITY feedback / suggestions) for compliance with our policies and guidelines, but you acknowledge that 3T has no obligation to monitor any information on the Services. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your users may be able to access using the Services. The Services provide features that allow you and your users to share Your Data and other materials with others. Please consider carefully what you allow to be shared or made public.
- 5.1-To the extent you use a Service plan that is made available for a fee, you will be required to select a payment plan and provide 3T accurate information regarding payment type. You will promptly update 3T Finance or your assigned Account Manager information with any changes in your payment information. You agree to pay 3T in accordance with the terms set forth on start of the Service plan and this TOS, and you authorise 3T to bill you in advance on a periodic basis in accordance with such terms.
- 5.2-If you dispute any charges you must let 3T know within ninety (90) days after the date that 3T invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Service plan, we will provide notice of the change in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. Full payment for invoices issued must be received by the date specified in the invoice. Past due fees are subject to a finance charge of 2% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. All sums under this Agreement are expressed net of Value Added Tax, which shall be payable in addition where applicable.
- 5.3-The charges shall be reviewed on the anniversary of this agreement to take account of the rate increase of UK CPI inflation but shall not be increased unless both parties agree to do so.
- Term; Termination.
- 6.1-This TOS will continue in full effect unless and until your account or this TOS is terminated as described herein. Service plans that are paid monthly will automatically renew for additional months, and Service plans that are paid annually will automatically renew for additional years. You have the right to deactivate your account at any time by contacting firstname.lastname@example.org. Only Primary Owners have the ability to deactivate and delete team accounts.
- 6.2-We reserve the right to deactivate and delete your account (or the access privileges of any Member) and terminate this TOS at any time for any reason, or no reason, with or without notice. Without limiting the foregoing, 3T may, in its sole discretion, publish policies whereby we delete your account for prolonged inactivity. Upon any termination of this TOS, we will have no obligation to maintain or provide Your Data. If your account is deleted, we will delete or destroy all copies of Your Data in our possession or control, in a reasonably expedient way, unless legally prohibited.
- 6.4-All accrued rights to payment and the terms of Section 5 and Sections 7 through 14 shall survive termination of this TOS.
- Disclaimer of Warranties.
- 7.1-The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but 3T shall use reasonable efforts to provide advance notice of any material scheduled service disruption.
- 7.2-THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND 3T EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT 3T DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM 3T OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
- Limitation of Liability.
- 8.1-UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL 3T BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, FIVE HUNDRED (£500) UK POUNDS, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
- 9.1- If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
- Integration, Modification, and Authority.
- 10.1-This TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS. All waivers and modifications to this TOS must be in a writing signed by both parties that expressly by its terms modifies or waives a provision of this TOS, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind 3T in any respect whatsoever.
- 11.1-You may not assign this TOS without the prior written consent of 3T, except, if you are a company or other legal entity, you may assign this TOS in connection with a merger, re-organization or acquisition of all or a substantial portion of your assets by another company, but only upon 30-days prior notice to 3T. 3T may assign or transfer this TOS, in whole or in part, without restriction.
- 12.1-Except as otherwise set forth herein, all notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
- Waiver and Severability of Terms.
- 13.1-Failure to exercise or delay in exercising on the part of either party any right, power or privilege of that party under this Agreement shall not in any circumstances operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege in any circumstances preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Any waiver of a breach of any of the terms hereof or of any default hereunder shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Agreement
14.-No Right of Survivorship and Non-Transferability
If you are a living person, you agree that your account is non-transferable and your rights to the content within your account terminate upon your death, however the content may be thereafter be available and accessible by Administrative Users.