Crafter Cloud Trial Terms of Service
EFFECTIVE DATE: November 1, 2022
- USE OF YOUR CRAFTER CLOUD ACCOUNT. You are solely responsible for maintaining the security of the log-in credential for your Account and for any damages, losses, or liabilities that arise from your failure to secure your Account properly. You agree to immediately notify Crafter of any unauthorized use of your Account, or any other breaches of security of which you become aware. You may not register multiple Accounts to simulate or act as a single Account or otherwise access Crafter products, services, content or other materials made available to you via an Crafter Account in a manner intended to avoid incurring fees.
- TRIAL USE OF CRAFTERCMS SERVICE; RESTRICTIONS.
2.1 Trial. Your Account entitles you to one (1) free trial (“Trial”) of CrafterCMS Service. If you elect to try CrafterCMS Service, the following terms apply: (i) the term for the Trial is fourteen (14) days, which may be extended upon Crafter’s written consent; (ii) the term for the Trial shall commence on the date that you use your Account to create a CrafterCMS Service deployment; (iii) the features and functions you are entitled to use and the quantity of cloud computing resources you are allowed to use during the Trial are determined at Crafter’s sole discretion and may be changed at any time; (iv) CrafterCMS Service may be used during the Trial for non-production, evaluation purposes only, unless otherwise agreed in writing by Crafter; (v) the Trial is provided “AS IS” without warranty of any kind, and Crafter disclaims all warranties, indemnities, and all other liabilities for the Trial; (vi) you may be provided with certain support and maintenance services for the Trial (as described in Section 3); and (vii) either party may terminate the Trial upon one (1) days’ written notice to the other party.
2.2 Your Data. In connection with your Trial of CrafterCMS Service, you may ingest information, content and data to CrafterCMS Service, or may retrieve such information, content and data (collectively, "Data") from, CrafterCMS Service. You are fully responsible for the content, accuracy and completeness of such Data, and any loss, liabilities or damages resulting from your Data, regardless of the nature of your Data. You hereby grant Crafter a sublicensable, worldwide, royalty-free, and non-exclusive right to reproduce, modify, adapt and publish your Data solely for the purpose of enabling Crafter to provide you with the Trial and any support services. You shall only ingest Data to the CrafterCMS Service that you have the right and authority to ingest and to process in the CrafterCMS Service.
2.3 Your Use of the CrafterCMS Service. You are solely responsible for maintaining the security of your CrafterCMS Service log-in credentials and for any damages, losses, or liabilities that arise from your failure to secure your CrafterCMS Service log-in credentials properly. You shall immediately notify Crafter of any unauthorized use of your CrafterCMS Service deployment, or any other breaches of security of which you become aware.
2.4 Restrictions; Reservation of Rights.. You agree to use CrafterCMS Service in compliance with all applicable laws, including export control and data privacy laws. You shall not: (i) execute or attempt to execute any computer viruses, worms, time bombs, Trojan horses and other harmful or malicious code, routines, files, scripts, agents or programs ("Malware") in CrafterCMS Service or use CrafterCMS Service to transmit Malware; (ii) use CrafterCMS Service to store or distribute any information, material or data that is harassing, threatening, infringing, libelous, unlawful, obscene, or which violates the privacy or intellectual property rights of any third party; (iii) access or use CrafterCMS Service to compete against Crafter; (iv) access or use CrafterCMS Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes, including, without limitation, for the purpose of designing and/or developing any competitive services; (v) except as expressly permitted herein, make access to CrafterCMS Service through your Account available to any third party; (vi) interfere with or disrupt the integrity, security or performance of CrafterCMS Service or third-party data contained therein; (vii) use CrafterCMS Service to process any Data relating to an identified or identifiable individual or protected health information as defined by the Health Insurance Portability and Accountability Act of 1996; (viii) use CrafterCMS Service to store or process any classified information (i.e., information given a security classification by a government body and protected against unauthorized disclosure under applicable law) or data subject to the International Traffic in Arms Regulations maintained by the U.S. Department of State; or (ix) use CrafterCMS Service in furtherance of the violation of the rights of others. Nothing in these Terms shall be understood to transfer from Crafter to you any intellectual property rights, and all right, title and interest in and to the Account and any product, service (including CrafterCMS Service), content, and/or materials made available to you through your Account will remain (as between the parties) solely with Crafter or its third-party suppliers.
3.1 Support for users with subscription-based support. If you have a subscription with Crafter that includes the right to receive support, support will be provided to you in accordance with the terms governing your subscription.
3.2 Support for users without subscription-based support. If you do not have a subscription with Crafter that includes the right to receive support, you may be provided with support at Crafter’s discretion. Such support is subject to the terms available here.
4.1 Termination. These Terms shall automatically terminate in the event that you breach a provision of these Terms, provided that Crafter reserves the right to retroactively waive such automatic termination upon written notice to you. You may terminate these Terms by submitting a request to firstname.lastname@example.org to cancel your Account. Such termination will be effective as of the time your cancellation request is processed by Crafter.
4.2 Post Termination or Expiration. Upon termination or expiration of these Terms, for any reason, you shall promptly cease the use of the Account, as well as any Crafter products, services, content, or other materials that may have been provided to you through the Account.
4.3 Survival. Sections 4, 5, 6, and 7 shall survive any termination or expiration of these Terms.
- DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ACCOUNT AND ANY PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, CRAFTERCMS SERVICE), CONTENT, AND/OR OTHER MATERIALS MADE AVAILABLE THROUGH THE ACCOUNT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND CRAFTER AND ITS LICENSORS MAKE NO WARRANTIES WHETHER EXPRESSED, IMPLIED OR STATUTORY REGARDING THE ACCOUNT OR ANY RELATED PRODUCTS, SERVICES, CONTENT AND/OR MATERIALS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CRAFTER AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE ACCOUNT, AND WITH RESPECT TO THE USE OF THE FOREGOING. FURTHER, CRAFTER DOES NOT WARRANT RESULTS OF USE OR THAT THE ACCOUNT OR ANY PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, CRAFTERCMS SERVICE) OR WILL BE ERROR FREE OR THAT THE USE OF THE ACCOUNT OR ANY PRODUCTS OR SERVICES (INCLUDING, WITHOUT LIMITATION, CRAFTERCMS SERVICE) WILL BE UNINTERRUPTED.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY OR ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OF OR FAILURE TO PERFORM THESE TERMS, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, EVEN IF THE RESPONSIBLE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EITHER CRAFTER’S OR YOUR TOTAL, CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED US$500. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO YOUR BREACH OF SECTIONS 1 OR 2.
- MISCELLANEOUS. These Terms completely and exclusively state the entire agreement of the parties regarding the subject matter herein, and it, except to the extent expressly set forth with respect to an Crafter Agreement, supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties, oral or written, regarding such subject matter. These Terms may be modified by Crafter from time to time, and any such modifications will be effective upon the date of update stated in the modified Terms. If any provision hereof is held unenforceable, these Terms will continue without said provision and be interpreted to reflect the original intent of the parties. These Terms and any non-contractual obligation arising out of or in connection with these Terms, are governed exclusively by Dutch law. These Terms shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods. All disputes arising out of or in connection with these Terms, including their existence and validity, shall be resolved by the courts with jurisdiction in the Commonwealth of Virginia, USA, except where mandatory law provides for the courts at another location in the USA to have jurisdiction. The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any such action or proceeding in any of such courts based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens or any similar claim or defense. You may not assign these Terms (including by operation of law in connection with a merger or acquisition), in whole or in part to any third party without the prior written consent of Crafter, which may be withheld or granted by Crafter in its sole and absolute discretion. Any assignment in violation of the preceding sentence is void. Notices to Crafter may also be sent to email@example.com