Relish terms of service
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About these terms of service
- There are the terms of service (“Terms”) for Cucumber Limited (“us/we/our”) which apply to all use of our www.relishapp.com service (“Service”). By using the Service you are agreeing to be bound by these Terms.
- We reserve the right to amend these Terms from time to time and will email to alert you to our new terms if there are significant changes. Your continued use of the Service will be deemed to be acceptance of any new Terms.
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Be nice
- If you violate these Terms we will terminate your account.
- You will not attempt to modify, adapt, hack or otherwise damage the Service.
- You will not copy reproduce or sell any part of this Service without our prior consent.
- You will not attempt to falsely imply that any other website or service is associated with us or the Service.
- Any form of abuse against us by a Relish account holder will result in the immediate termination of the account.
- You will not publish content that we consider to be spam or advertising. Any such content will be taken down and your account terminated.
- We are entitled to remove content and/or accounts from this Service which we consider illegal, offensive, defamatory, pornographic or obscene.
- You will not use the Service for any illegal purpose. Your use of the Service must not violate any applicable local, state, federal, or international law or regulation.
- You will not publish content that could be construed as a violation of any third party's intellectual property.
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Paying for the Service
- During the beta trial period, all accounts are free. You understand and agree that some features that are provided for free during the beta trial will require subscription payments to be used in the future.
- When the beta trial period ends, your account will be automatically assigned to the appropriate plan. If this is a paid plan, you will then begin a free 1-month trial, after which you will be required to pay for continued use of the Service by way of monthly subscription. Our subscription fee prices will be posted on our website, and you will be notified by email when this happens. It will be clear before you purchase any paid Service whether VAT or other applicable taxes are included in the price or still to be added.
- Payment will be processed by credit card (or similar card) via a trusted third party payment provider. Where your card payment is not successful we will contact you and suspend access to your account until payment has been made.
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Signing up
- When you register to create an account with us, we will email you to confirm if your application is accepted. Please note we reserve the right at our discretion to reject applications to use our Service. Your account will run on a monthly subscription basis unless you pay for a set number of months in advance.
- You understand and agree that you have the right to represent your company or legal entity, if signing up on behalf of that legal entity.
- These Terms, together with your online application and any email confirmation we may send you, constitute the entire agreement between you and us in relation to your use of the Service, superseding any prior agreements we may have with you.
- If there are any disputes arising out of your use of the Service or relating to the Terms then these will be governed by the laws of Scotland. If either party require to raise court proceedings in relation to any such dispute then these proceedings must be raised in Scotland.
- Just because we don't exercise or enforce these Terms in some circumstances doesn't mean that we are waiving the right to do so in the future.
- You must be 16 years or older to use the Service.
- You must be a real person. Accounts registered by automated means are not permitted.
- You must provide your full legal name, valid email address, and any other details requested by the sign-up process.
- Your login may only be used by one person. A single login used by multiple people, or any other attempt to avoid incurring fees is not permitted.
- You are responsible for keeping your login details secret.
- You are responsible for all content published under your account, even when published by other users to whom you have given permission to publish content.
- Any person or legal entity may register a maximum of one free account.
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Changes to the Service
- We reserve the right to update and change these Terms and to add, change or remove features from the Service.
- Your continued use of the Service following any such changes will constitute your agreement to those changes.
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Liability
- The Service is provided on an ‘as is’ basis and we do not guarantee that the Service will be suitable for your intended use.
- Nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. However beyond that we exclude all other liability to the extent permitted at law.
- In no event shall we be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss. Except for liabilities we have expressly not excluded, our total aggregate liability arising under these Terms or otherwise relating to the Service shall be limited to the total of subscription fees paid by you in the previous month, or where you have paid for a block period in advance, the average monthly charge for that period.
- You use the Service at your own risk.
- You acknowledge that we may use third party vendors and service providers in order to deliver the Service to you.
- We cannot be held responsible for the content found on this Service. If you don't like it, don't use it.
- You acknowledge and agree that data transmitted as part of the Service, including your content, may be transferred unencrypted, including but not necessarily limited to between services within our hosting infrastructure. You understand that it will be transmitted unencrypted over the internet if you explicitly choose that option when using the client tools.
- We will answer support queries on a "best endeavours" basis for all users. Priority will be given to users with paid accounts. We cannot guarantee timeliness of response to support requests for any grade of user. Support will only be provided in English.
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Cancelling your account
- You can delete your account at anytime from your 'Account settings' page. Cancelling your account is your sole responsibility.
- If you choose to delete your account all of your content and account details will be immediately deleted from the Service. This information cannot be recovered.
- We can delete, terminate or suspend your account at anytime. We can refuse to provide you with current or future Service.
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Copyright and content ownership
- We claim no intellectual property rights over the content you provide to the Service. Your profile and materials uploaded remain yours. You retain copyright and any other rights you already hold in your content and you are responsible for protecting those rights, as appropriate.
- By setting any of your projects to be viewed publicly, or by adding collaborators or guest access to a private project, you agree to allow others to view your content.
- We are not responsible if you fail to configure, or misconfigure, your project and inadvertently allow unauthorised parties to view any of your content.
- You agree to defend us against any claim, demand, suit or proceeding made or brought against us by a third party alleging that your use of this Service violates these Terms.
- Our Service is proprietary, and all intellectual property rights in it are owned by or validly licensed to us.
- Software and related documentation provided in relation to the Service is only provided in relation to your use of the Service. Except where this is part of your legitimate use of the Service you are not permitted to copy, modify, republish, download, display or distribute all or any part of such software or documentation in any form or media or by any means. Nor are you permitted to reverse compile, disassemble, or reverse engineer such software or make use of such software or documentation to build a product or service which competes with our Service.