When using the Calliope service (hereinafter “Service”) provided by the company spriteCloud B.V. (hereinafter ‘sC’) registered with the Dutch Chamber of Commerce in Amsterdam under number 27351758, you agree to the following Terms of Use. If you are entering into this agreement on behalf of a company or another legal entity, you affirm that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms of Use. In this case “you” or “your” shall refer to such entity, its affiliates and all users associated with it.

sC reserves the right to alter the following Terms of Use at all times with or without notice. The latest version can be found at: www.calliope.pro/terms-of-services

General

  • These conditions apply to all contracts between sC and you concerning the Service, unless otherwise agreed in writing.
  • The applicability of any general Terms and Conditions invoked by you is explicitly rejected, unless explicitly confirmed in writing by sC.
  • Failure to comply with these Terms and Conditions will result in immediate termination of your account.

Account conditions

  • Any user of the Service must be a human. Users registered by “robots” or other automated methods are not permitted.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  • Your login details are strictly personal and may not be shared with other people.
  • You are always solely responsible for maintaining the confidentiality of your login information, sC cannot be held liable.
  • You are responsible for all activities and content that is placed under your account (also for users that are created under your account).
  • You may not use the Service for any illegal or unauthorized purpose.
  • You must not, in the use of the Service, violate any laws in your jurisdiction.

Payment terms

  • Payment is made in advance per calendar month or year by bank transfer or credit card and are non-refundable.
  • All prices are exclusive of the current high rate of VAT (currently 21%), if applicable.
  • If payment is behind, your account will be temporarily locked. You will receive instructions by email on how to meet payment and when your account will be re-activated.
  • In case of late payment, you, in addition to the amount owed, are responsible for complete compensation of both judicial and extrajudicial collection costs, including costs for lawyers, bailiffs and collection agencies.

Cancelling your paid-for service plan

Paid-for service plans are associated with companies you own within Calliope, and can be cancelled at any time. After cancellation, you will continue to have access to the service through the end of your monthly billing period. At the end of that time, the service will revert to the free plan.

If you authorised payment for a service plan using a third party as a Payment Method and wish to cancel further payments, then you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the service through that third party. You may also find billing information about your service plan by visiting your account with the applicable third party.

To the extent permitted by the applicable law, payments are non-refundable. We do not provide refunds or credits for any partial-month periods.

To cancel a paid-for service plan, go to the associated Company workspace, select the Subscription tab, and follow the instructions to downgrade to the free plan.

Cancelling your free service plan

Free service plans are associated with companies you own within Calliope, and cannot be cancelled. However, it is possible to delete the company associated with the plan. To delete a company, refer to the Documentation.

Closing your account

To close (delete) your account, go to your account page and follow the instructions. Account closure is immediate and cannot be recovered. During the process, you will lose access to any companies you have created and any service plans you pay for. Before starting, please consider:

  1. Removing your credit card details from any paid-for service plans owned solely by you.
  2. Reassigning ownership of any companies you have created owned solely by you.

You are responsible for properly closing your account. To close your account without impacting other users of companies and service plans owned solely by you, grant the role of ‘owner’ to at least one other user per company.

Modifications to the Service and prices

  • sC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • sC reserves the right to change prices for the use of the Service. These price changes will be announced at least one (1) calendar month in advance on www.calliope.pro

Licenses and ownership of content

  • All software that is supplied to you in connection with the Service is provided subject to the terms of a separate end-user license agreement that accompanies that software.
  • You agree to abide by the terms of the end-user license agreement in your use of this software.
  • sC will never claim ownership over your content and/or materials posted to your account. In other words, your data is and remains your property.

Liability

  • Your use of the Service is at your sole risk.
  • sC shall not be liable for any direct or indirect damages including but not limited to, consequential damages, lost profits, lost savings and damage due to business stagnation.
  • You shall indemnify sC against all claims for damages which third parties may claim in respect of damage caused by the use of the services or products supplied by sC.

Applicable law and disputes

  • This agreement is governed by Dutch law.
  • If any part of this Agreement is void, or declarable as such, for any reason, including due to rules of compulsory law, the remaining paragraphs of this agreement will remain in effect between sC and you.
  • Unless rules of compulsory law state otherwise, the court of Amsterdam has exclusive jurisdiction in any disputes between Parties arising from this Agreement.

Other conditions

  • sC strives to achieve the highest possible up-time. In the case of force majeure, sC shall not be liable.
  • sC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  • You will not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
  • You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements or concepts of the Service without express written permission from sC.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • sC strives to achieve, but does not warrant, that: 1) The Service will meet your requirements, 2) the Service will be uninterrupted, timely, secure, and error-free.
  • You are responsible for not submitting sensitive data to the Service, including but not limited to credit card information, medical files or anything deemed confidential.

Questions about the above may be directed to the email address: info@spritecloud.com

 

Last updated: 20th September 2019