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Terms of Service

Introduction Terms

Account Terms

API Terms

Payment, Refunds, Upgrading and Downgrading Terms

Cancellation and Termination

Modifications to the Service and Prices

Copyright and Content Ownership

Privacy and security of your data

General conditions

Introduction

By using the CGWire Hosting (“Service”) provided by CGWire (“Company”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). If you do not agree to these Terms of Service, do not use this Service. By accepting these Terms of Service below or by using the Service in any manner, you and the entity you represent (“Customer”) agree that you have read and agree to be bound by this agreement to the exclusion of all other terms.

Violation of any of the terms below may result in the termination of your account.

Account Terms

  1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
  3. You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction.
  4. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  5. Your login may only be used by one person – a single login shared by multiple people is not permitted.
  6. You may create separate logins for other people according to your Service plan. Any separate login or person will be automatically bound to these Terms of Service and it is your responsibility to inform your users about these Terms of Service.
  7. You must be a human. Accounts registered by “bots” or other automated methods are not permitted if they are used for other purpose than plugging your production pipeline.

API Terms

Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the terms of this agreement plus the following specific terms:

  1. You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
  2. Abuse or excessively frequent requests to the Service via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. The Company will make a reasonable attempt via email to warn the account owner prior to suspension.

Payment, Refunds, Upgrading and Downgrading Terms

  1. Customer is billed automatically via credit card via Stripe, or invoiced for payment, depending on the Service plan.
  2. The number of Seats purchased by Customer in the Service plan must be used during the applicable term and any unused Seats at the end of such term are forfeited. For a Service plan purchased for a yearly term, the Seats can be used anytime during the year.
  3. In the event the usage of Seats exceeds the Service plan you selected during a term, the Company will charge additional overage fees and the Customer shall be obligated to pay any overage fees in the next term. The overage fees are displayed in your Account page in CGWire Account website and on the pricing page at www.cg-wire.com/pricing.
  4. Upgrade or downgrade in the Service plan level will result in the new rate being charged at the next billing cycle.
  5. Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
  6. Fees paid hereunder are non-refundable.
  7. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Where required, The Company will collect those taxes on behalf of taxing authority and remit those taxes to taxing authorities.
  8. For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  9. When changing from a monthly billing cycle to a yearly billing cycle, CGWire will bill for a full year at the next monthly billing date.
  10. In the event Customer utilizes a third party system as part of its utilization of the Service, the Company reserves the right to pass through its costs of such service to Customer, and Customer agrees to be pay such fees.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on subscription section in Acount area of CGWire website. The Profile screen provides a simple no-questions-asked cancellation link.
  2. All of your content will be inaccessible from the Service immediately upon cancellation. Within 30 days, all CGWire content will be permanently deleted from all backups and logs. This information can not be recovered once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid-up month, your cancellation will take effect at the end of the current billing cycle, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
  4. The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
  2. Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the CGWire website at www.cg-wire.com or the Service itself.
  3. The Company shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
  1. You are solely responsible for any content and other material that you submit, publish, transmit, email, or display on, through, or with the Service.
  2. We claim no intellectual property rights over the material you provide to the Service.
  3. You may provide us with feedback, suggestions, and ideas about the Application Services (“Feedback”). You agree that we own all rights to use and incorporate the Feedback you provide in any way, including in future enhancements and modifications to the Service, without payment or attribution to you.
  4. The look and feel of the Service is copyright© CGWire SAS All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
  5. “CGWire”, the CGWire logo, “Kitsu”, the Kitsu logo, and any other product or service name or slogan displayed on the Service are trademarks of the Company or its affiliates, and its licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder.

Privacy and security of your data

  1. When you use the Service to measure mobile and web properties, CGWire will collect information from your users. You consent to our use of users data to provide you with the Service.
  2. Each party agrees to handle the other party's data in accordance with (i) all applicable laws; and (ii) privacy and security measures reasonably adequate to preserve the other party data’s confidentiality and security.
  3. You own all right, title, and interest to your users data. We obtain no rights from you to your users data.
  4. You agree to comply with all applicable laws including all privacy and data protection regulations.
  5. You agree to not use the Service to send to the Company sensitive information where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to the Company, any data subjects or third-parties. Sensitive Information includes, but is not limited to:
  6. Passwords, authentication/authorization credentials
  7. Information under regulatory or contractual handling requirements (e.g., PCI, HIPAA, and state and federal data security laws) including, but not limited to:
  8. Credit card information, including credit card numbers, CIV numbers (three-digit codes for Visa and MasterCard, four-digit code for American Express) and magnetic stripe information
  9. Social Security Numbers
  10. Drivers License Numbers
  11. Passport Numbers
  12. Government-issued Identification Numbers
  13. Financial Account Information
  14. Health data
  15. Biometric data
  16. Personally identifiable information knowingly collected from children under the age of 13 or from online services directed toward children, and
  17. Real-time geolocation data can identify an individual.
  18. Business secrets are deemed highly confidential (e.g., highly confidential business strategies and communications, sensitive attorney-client privileged and confidential communications).
  19. You agree that the Company may monitor the activity of any account on the Service. Any such data shall be only used for the purpose of providing and improving the Service.
  20. CGWire keeps confidential all employees information and production pictures and production information, such as names and entity descriptions, stored in the Service.

General Conditions

  1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
  2. Technical support is provided by email or Chat or Skype to paying Customers. Email responses are provided on the reasonable effort basis with a 48h response time. Chat is done through the Crisp application available in the Kitsu application or via the Discord service. Zoom call requires to set up an appointment via the Calendly service first.
  3. You understand that the Company may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose.
  4. You understand that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  5. You must not modify, adapt or hack the Service.
  6. You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
  7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
  8. We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms of Service.
  9. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee or officer may result in immediate account termination.
  10. You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  11. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  12. This Agreement shall be governed by the laws of France, and the courts of France shall have exclusive jurisdiction to hear and determine all issues that may arise under or in relation to this Agreement.
  13. The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. Nevertheless due to the criticity of the production data, we'll do our best to keep the best uptime possilbe with a goal of 99.99%.
  14. You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third-party on the service; (v) or any other matter relating to the service.
  15. The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
  16. The Company reserves the right to update and change these Terms of Service without notice. Customers will be notified by email of any material change.
  17. Questions about the Terms of Service should be sent to support@cg-wire.com.

Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.