Terms and conditions
Terms of platform
Effective date 01.01.2016
The following terms and conditions are binding terms (“Terms of Platform”) required for this site available on internet, mobile or other domains and available at (“Platform”) operated by Cellense, s.r.o. (“we” or Buffpanel). By using this website, you confirm that that you are at least 18 years old and that you have read, understood and accept these Terms of Platform. In case you did not reach the above age or do not agree to these Terms of Platform, you are not entitled to use our Platform.
SECURITY AND PRIVACY
REGISTRATION AND USE OF SERVICES
We respect intellectual property. Please read our IP Rights Policy for more details on how you may use our Platform and/or Services and how we protect third party intellectual property.
LINKING AND REFERENCES
The site provides links to other sites; however, inclusion of these links does not imply any endorsement of such linked site or any association with their operation. We are not responsible for the contents of the linked sites or your use thereof. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
ACCESS TO WEBSITE
There is no guarantee that our Platform or any its contents will always be available uninterrupted. Access to our Platform is permitted only on temporary basis. Our Platform or any of its parts may be suspended, withdrawn or discontinued without notice. We will not be liable to you if, for any reason, our Platform is unavailable at any time or for any period. You are solely responsible for making all necessary arrangements to allow yourself access to the Platform. You are also responsible for ensuring that all persons who your grant access to the Platform are aware of these Terms of Platform and that they comply with them.
REPORTING ON POTENTIAL BREACH OF LAW
If you know or have a reasonable belief we or any third party using our Platform and/or Services is in breach of law or of any of our Terms, please report us of any such situation at firstname.lastname@example.org. In case you think that anyone violates any of your copyright or other intellectual property rights, you may notify us in accordance with our IP Rights Policy.
PLATFORM INFORMATION ACCURACY
You acknowledge that Platform may contain inaccuracies or information which are not up-to-date. We therefore assume no responsibility (and expressly disclaim responsibility) for updating our Platform and/or to for ensuring the accuracy or completeness of information placed on the Platform.
WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, DATA OR OTHER INTANGIBLE ASSETS, TO THE EXTENT PERMITTED BY APPLICABLE LAWS. THIS EXCLUSION APPLIES ALSO IN CASES WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE. NOTHING IN THESE TERMS SHALL OPERATE TO LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAWS. IN ALL CASES AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OUR TOTAL LIABILITY FOR ANY DAMAGE AND LOSS CAUSED IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES FOR OUR SERVICES PAID BY YOU FOR THE MONTH IN WHICH THE DAMAGE OR LOSS HAVE ARISEN.
OUR PLATFORM IS PROVIDED “AS IS”. THEREFORE AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.
CHANGES OF TERMS
These Terms of Platform may be updated or changed from time to time and shall be fully effective after their publication on our Platform (which will be declared via the “Changes Effective” date at the top of Terms of Platform). In case you use our Platform after publication of the changes, you are indicating that you agree to be bound by the modified Terms of Platform.
Effective date 01.01.2016
SERVICES AND THEIR USE
Upon fullfilment of requirements set out herein, we will provide you with hosting of your customer data, tools for value-added analytics and for enhancement of your communication with your customers (“Services”). We retain all right, title and interest in and to our Services, including all copyrights, patents and other intellectual property rights. Please see IP Terms for more details.
ELIGIBILITY TO USE SERVICES
You represent and warrant that you are at least 18 years old and you are able to fullfil all and any requirements set out herein for using Services. In case you are representing another person or company, you represent that you have authority and power to enter into this Agreement. You also represent and warrant that you will adhere to the rules set out in Data Handling and Use Guidelines.
ACCESS TO SERVICES
We are undertaking any reasonable efforts to maintain our Services accessible to you at all times. Nonetheless, you acknowledge and agree that our Services may not be accessible in cases of inaccessibility of our Platform.
In order to use our Services, you must complete the registration process by filling in the registration form by current, complete and accurate data. Upon completing all required information and going though all steps of the registration process as promoted, we will create you an account for communication with us and use of our Services (“Account”). You will immediately change your registration data within your registration details in case your data change.
Your password set within registration process must be ‘strong’ password, i.e. meeting requirements set out by us and displayed within registration process. You must protect your username and password for your Account against unauthorized use by any third party (e.g., regularly changing your passwords, not using predictable usernames and passwords, not sharing your password with other persons, or granting access to your Account and/or to your data to other persons). You are solely responsible for any and all activities that occur using your Account by yourself or any third party. You shall notify us if you know of any unauthorized use of your Account or any other breach of security of your Account.
Neither party to this Agreement is in breach hereof and/or can accept any liability or pay any compensation (other than to refund money paid for Services not yet rendered), if the respective party is unable to perform obligations due to any adverse event, act, or omission beyond reasonable control, including (but not limited to) natural disasters, acts of terrorism, civil unrest, industrial disputes, or failure of utility services.
- (i) information known to the general public;
- (ii) information which becomes known to the general public otherwise than by breaching this provision by the receiving party; or
- (iii) information independently developed by receiving party without use of confidential information received from the other party.
For the avoidance of doubts, our confidential information include (but is not limited to) source code, methods and know-how related to our Platform and/or Services and your confidential information include data you will upload via your Account.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, DATA OR OTHER INTANGIBLE ASSETS, TO THE EXTENT PERMITTED BY APPLICABLE LAWS. THIS EXCLUSION APPIES ALSO IN CASES WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE. NOTHING IN THESE TERMS SHALL OPERATE TO LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAWS. IN ALL CASES AND TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OUR TOTAL LIABILITY FOR ANY DAMAGE AND LOSS CAUSED IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEES FOR OUR SERVICES PAID BY YOU FOR MONTH IN WHICH THE DAMAGE OR LOSS HAVE ARISEN.
We reserve the right to cancel any event which we reasonably consider to damage our reputation, in some instances without refund (this to be decided at our sole discretion).
OUR SERVICES ARE PROVIDED ON “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.
You agree that we will use and present in public your name and logo as our customer within our marketing presentations.
Any and all communication in connection with this Agreement shall be made via your Account. Any notice shall be deemed to be delivered to us by submitting it via your Account and delivered to you once you sign in to your Account (or in case you do not not sign within three business days, at the end of third business day after sending a notice to your Account).
CHANGES OF TERMS
In case we have learned or have a reasonable belief that you have breached these Terms of or Use and Data Handling and Use Guidelines or any of your representation will show to be faulty and/or misleading, we have right to immediately suspend or terminate your Account at any time and without notice.
TERMINATION OF AGREEMENT
Both Parties may terminate this Agreement at any time via delivering a termination notice via your Account or cancelling your Account. Subject to termination as a consequence of your breaching this Agreement, any and all prepayments which have not been set off against fees for rendered Services will be refunded to you upon termination hereof. Before you terminate your Account, you should make sure that you have transferred your data available through your Account. From the moment of its termination, you will not have access to such data. In case we terminate the Agreement, we will keep your data accessible to you for the period of two calendar weeks.
You may not assign this Agreement or any of the rights or obligations stipulated herein to any third party. We may assign this Agreement to any affiliated person or entity.
Rights and obligations arising out of this Agreement cease to exist along with termination hereof, except for IP Terms, Liability, Indemnification, Confidentiality, Eligibility, Severability and Entire Agreement.
If any of the terms of this Agreement turns out to be null and void or unenforceable, other provisions shall remain valid and enforceable. The relevant provisions shall be removed and/or amended by the parties in order to best reflect intentions when entering into hereof.
This Agreement supersedes all prior agreements, whether oral or written.
Effective date 01.01.2016
RETENTION OF RIGHTS
We hold all intellectual property rights vested in the Platform and/or Services, including any underlying software, its documentation, names, marks, pictures, logos, graphics, texts, meta-tags or other protected items being part of Platform and/or Services (“Materials”). For the avoidance of doubts, Materials include also “look and feel” of any of such items. All Materials are protected by copyright or other intellectual right protection and treaties around the world. All such rights are reserved.
You shall not (without being granted a written permission to do so):
copy, display, modify, adapt, translate, download, reproduce, create derivative works from any (part of) Materials and/or Services; reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any (part of) software Materials (subject to specifically permitted by applicable laws); rent, lease, assign or otherwise transfer rights to (part of) Materials and/or Services; remove any proprietary notices or labels being part of any of Materials of Services; display our Materials in such a way that a reasonable person would make a negative, false or misleading idea about us or our Services; or use, post, transmit or introduce any device, software or routine which may interfere with any of Material and/or operations of Services.
IP OF THIRD PARTIES
We respect and protect intellectual property rights in materials of third parties, where such materials are available at or via our Platform and/or our Services, or if our Platform refers or links to a third party site that may contain such protected material.
In case you think that a protected material may have been or is being infringed, please notify us by sending a notice to the address set out in these IP Terms; such notice must include:
Identification of protected material which is claimed to be infringed, identification of mode of protection and relevant register (if applicable). Description of how the relevant protected material is being infringed and role of our Platform and/or Services therein. Determination of owner/holder of protected material and his consent with sending IP Notice to us. Your contact address. Your statement that you have a good faith to believe that the user of the material is not the owner, licensor or owner’s agent of protected material, that you are authorised to act on behalf of owner or exclusive licensor and your statement that you indemnify us and/or the intellectual property holder for any damages or losses caused if your representation within IP Notice notice turns out to be untrue.
IP COUNTER NOTICE
If a material you have posted to our Platform or your Account has been removed or disabled, you may file a counter notice to the address set out in these IP Terms; such notice must include:
Identification of material which have been removed or disabled along with location where the material has been placed. Your statement that you have a good faith to believe that the material must have been removed or disabled as a result of mistake or misidentification, description of your rights to the material and your statement that you indemnify us and/or the intellectual property holder for any damage or loss caused if your representation within IP Notice notice turns out to be untrue.
All notices shall be delivered at the following address: Cellense, Zálužická 1, 821 01 Bratislava, Slovakia.
Terms of data handling (clients & partners)
Effective date 01.01.2016
When you use our Services, you are using our analytical tools over your data. Therefore, although we do not process personal data you share via your Account, it is recommended that you meet all laws and regulations applicable for collection of data about your customers (including but not limited to legal principles arising out of EU data protection laws), namely:
DATA COLLECTING PURPOSE AND PROPORTIONALITY
In case you are analysing personal data of your customers, such data should be collected for selected purpose; any such collected data should be strictly proportional (as regards the extent and time) to the purpose to which they were collected.
DATA SHARING AND LOCATION
In case you share of data of your customers with us or other third party, you should ensure that the data are processed legally and securely. Please make sure that transferring/copying data to other locations aligns to your local laws and regulations. As many data protection policies restrict transferring the data overseas, it is recommended select location servers within area of your establishment.
INFORMATION ABOUT DATA COLLECTION AND SHARING
You should inform your customers on any relevant aspect of data processing, including the fact that you have made the data accessible to third parties via your Account.
You should strictly separate your data collected for different purposes and should not combine data.
You should adopt technical and organisation measures to keep the data collected from your customers secure.
RIGHT TO ACCESS
You should enable customers to access data even if they are stored with third parties. You should also adhere to all other applicable laws and regulations, including sector specific data processing regulations, including but not limited to HIPAA or GLB regulations.
When using our Services for dispatching e-mail campaigns, you should adhere to all applicable laws and regulations, especially but not limited to principles of EU, US and Canadian anti-spam regulations. You should, inter alia:
Send the e-mail campaigns only to those recipients who gave you consent or purchased any of your goods or services in the past 12 months – e-mail contacts which do not meet these requirements should not be imported for the purposes of e-mail campaigns;
Make sure that e-mail sent is clearly determined as business communication, that you give the recipient possibility to opt out from the mailing list and include your location data;
Make sure that the e-mails heading and/or body are not misleading or deceptive and do not contain any content which is illegal, selling or promoting illegal goods or services, selling goods or services which proliferation or support may be under strict governmental supervision or could require special permission, including but not limited to adult content, gambling campaigns, provisions of loans and mortgages or selling of financial products.