1. Your Agreement with Confroll1.1. Your use of the Confroll service (the "Service") is governed by this agreement (the "Terms"). "Hyperbolic" means any people or companies, subsidiaries, affiliates and partners (including any individuals) involved in providing the Service.
1.2. In order to use the Service, you must first agree to the Terms. You can agree to the Terms by actually using the Service. You understand and agree that Hyperbolic will treat your use of the Service as acceptance of the Terms from that point onwards.
1.3. You cannot use the Service if you are a person barred from receiving the Service under the laws of the Australia or other countries including the country in which you are resident or from which you use the Service. You affirm that you are over the age of 13, as the Service is not intended for children under 13. You affirm you’re the solely owner of the email account you provide during the registration process.
2. Your Account and Use of the Service2.1. You must provide accurate and complete registration information any time you register to use the Service. You are the sole responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Hyperbolic immediately.
2.2. Your use of the Service must comply with all applicable laws, regulations and ordinances.
2.3. You agree not to (a) access (or attempt to access) the administrative interface of the Service by any means other than through the interface that is provided by Hyperbolic in connection with the Service or (b) engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
3. Service Policies and Privacy3.1. Hyperbolic may collect the following types of information:
• Information you provide – When you sign up for Confroll account, we ask you for some personal information. We may combine the information you submit under your account with information from other services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
• Log information – When you access Confroll services via a browser, application or other client, our servers automatically record certain information. These server logs may include information such as your web request, your interaction with a service, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account. Additionally, we may decide time to time, without any previous advice, to collect any other information with the aim of improving the Service.
• User communications – When you send email or other communications to Confroll or to other people using the Confroll messaging system, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. We may use your email address to communicate with you about our services.
3.2. In addition to the above, we may use the information we collect to: • Provide, maintain, protect, and improve our and • Protect the rights or property of Hyperbolic or our users. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
3.3. The Service processes personal information on Heroku cloud service in the United States of America and in other countries. In some cases, we process personal information outside your own country.
You can review and control the information stored in your Confroll Account.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Confroll features and services may not function properly if your cookies are disabled.
3.5. Information sharing
Hyperbolic currently does not share personal information with other companies or individuals outside of Hyperbolic.
3.6. Information security
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. In any case, you accept to indemnify and hold Hyperbolic harmless from and against all claims and losses arising from loss, damage, liability, injury to you or third parties, or any third party losses arising out of any unauthorized access or unauthorized alteration, disclosure or destruction of data you provided to Hyperbolic through the Confroll service. More specifically, you accept to indemnify Hyperbolic regardless of the cause or the circumstances, including but not limited to bugs in the application, safety holes or poor application design, that may have made it possible the unauthorized access.
3.6. Accessing and updating personal information
When you use Confroll, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
4. Fees for Use of the Service4.1. Subject to the Terms, the Service is provided to you without charge.
4.2. Hyperbolic may change its fees and payment policies for the Service with ninety (90) days prior notice.
5. Content in the Service and Take Down Obligations5.1. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of, or through your use of, the Service are the sole responsibility of the person or company from which such content originated. All such information is referred to below as the "Content."
5.2. Hyperbolic reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Service. You agree to immediately take down any Content to pursue any take down request from Hyperbolic. In the event that you elect not to comply with a request from Hyperbolic to take down certain Content, Hyperbolic reserves the right to directly take down such Content or to disable your account.
5.4. You agree that you are solely responsible for (and that Hyperbolic has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which Hyperbolic may suffer) by doing so.
5.5. You agree that Hyperbolic has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted through use of the Service. You further acknowledge that you are solely responsible for securing and backing up your Content. The backup service is not provided by the Application.
6. Proprietary Rights6.1. You acknowledge and agree that Hyperbolic own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
6.2. Unless you have agreed otherwise in writing with Hyperbolic, nothing in the Terms gives you a right to use any of Hyperbolic trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
7. License from You7.1. Hyperbolic claims no ownership or control over any Content. You retain copyright and any other rights you already hold in the Content, and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying the Content on or through the Service you give Hyperbolic a worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content for any purpose Hyperbolic may have, including, but not limited to, the use of the Content within Confroll application
7.2. You agree that Hyperbolic, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
8. Modification and Termination of the Service8.1. Hyperbolic is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service Hyperbolic provides may change from time to time without prior notice to you. Examples of changes to the form and nature of the Service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.
8.2. You may discontinue your use of the Service at any time. Hyperbolic may, at any time, terminate your use of the Service or the Service without any notices and without any further obligations.
8.3. If Hyperbolic suspends or terminates your use of the Service or the Service with or without cause (or you voluntarily discontinue your use of the Service), you will have access to your Content for a period of five (5) days following such suspension or termination.
9. Exclusion of warranties9.1. You expressly understand and agree that your use of the service is at your sole risk and that the service is provided "as is" and "as available."
9.2. Hyperbolic, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the service including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, hyperbolic, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the service will meet your requirements, (b) your use of the service will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the service will be accurate.
10. Limitation of liability10.1. Subject to section 9.1 above, you expressly understand and agree that hyperbolic, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
10.2. The limitations on hyperbolic’s liability to you in paragraph 12.1 above shall apply whether or not hyperbolic has been advised of or should have been aware of the possibility of any such losses arising.
11. Indemnification11.1. You agree to hold harmless and indemnify Hyperbolic, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Hyperbolic and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Service, (c) your violation of applicable laws, rules or regulations in connection with the Service, or (d) your Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Hyperbolic will provide you with written notice of such claim, suit or action.