Terms of Service
Welcome to Chlamys Software! Our services are provided to you subject to the following terms of service (“Terms”), which may be updated by us from time to time without notice to you. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Description of Services
Chlamys Software provides software solutions for various platforms, including but not limited to chrome, shopify, android, and magento. Our services include the development of custom software applications and the provision of ongoing support and maintenance services for these applications.
Use of Services
You may use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services:
In any way that violates any applicable federal, state, local, or international law or regulation.
To transmit, store, or display any material that is defamatory, obscene, threatening, or otherwise harmful to others.
To interfere with or disrupt the services or servers or networks connected to the services.
To attempt to gain unauthorized access to any service, account, computer system, or network connected to the services.
Ownership and Proprietary Rights
The services and all intellectual property rights therein are the property of Chlamys Software and its licensors and are protected by applicable copyright and trademark laws. You acknowledge that these Terms do not grant you any ownership or other proprietary rights in the services or the intellectual property rights embodied therein.
Modification of Services
Chlamys Software reserves the right to modify or discontinue the services at any time, with or without notice to you. Chlamys Software shall not be liable to you or any third party for any modification, suspension, or discontinuance of the services.
Chlamys Software may terminate these Terms and your use of the services at any time, with or without notice to you, for any reason or for no reason.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO YOU AND THE RESULTS OBTAINED THROUGH THE SERVICES. SPECIFICALLY, CHLAMYS SOFTWARE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND 2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Limitation of Liability
IN NO EVENT SHALL CHLAMYS SOFTWARE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CHLAMYS SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHLAMYS SOFTWARE’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHLAMYS SOFTWARE FOR THE SERVICES DURING THE TERM OF THE AGREEMENT.
You agree to indemnify and hold Chlamys Software and its affiliates, officers, agents, employees, and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services, your violation of these Terms, or your violation of any rights of another.
These Terms shall be governed by and construed in accordance with the laws of the state in which Chlamys Software is located, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the courts located in the state in which Chlamys Software is located for any disputes arising under these Terms.
These Terms constitute the entire agreement between you and Chlamys Software regarding the use of the services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and your use of the services are governed under the laws of the state in which Chlamys Software is located. Chlamys Software’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event of any conflict between these Terms and any agreement you may have with Chlamys Software, the terms of such agreement shall control.
If you have any questions regarding these Terms, please contact Chlamys Software at [email protected]
These Terms are effective as of 11/08/2013.