Terms of Service
By using the CO3 application through the co3app.com web sites or using it under client’s own domain name (“Service”), service of CO3 Ltd. (Address: 2600 Vác, Szüret utca 19., Hungary, EU-VAT: HU23695566, Company registry no.: 13-09-151981, hereinafter “CO3”), you (“Client”) are agreeing to be bound by the following terms and conditions (“Terms of Service”).
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 automatically. Continued use of the Service after any such changes shall constitute Client’s consent to such changes.
Violation of any of the terms below will result in the termination of Client's Account. While CO3 prohibits such conduct and content on the Service, Client understand and agree that CO3 cannot be responsible for the content posted on the Service and Client nonetheless may be exposed to such materials. Client agrees to use the Service at its own risk.
1 Account Terms
- The condition of using this service to fill in the registration form. Client accept the Terms and Conditions by submitting the registration form. The Service becomes available after the successful registration. Client is entitled to use the service with the restriction stated in 1.4 for 30 days free of charge
- Client must provide it’s legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Client will be entitled to login it's own account ("User Account") after successful registration. The unique account name and the user name will be sent by email.
- The contract between the parties will be created electronically based on the Hungarian Civil Code, 2013. V. law 6:82.§ and the selected plan paid by the Client. The contract contains this Terms and Conditions and the selected plan features.
- Client is not authorized to issue invoices during the 30 days free period (hereinafter "trial period"). If the Client pay for the service under the trial period, will be entitled to use the service without any restriction including to issue invoices.
- If Client's data was changed it is required to report these changes within 8 days in the User Account via the "Account Settings" page.
The Parties' contract contains the Terms and Conditions and the content of the selected plan.
2 Contents of the service
The Service is an integrated management system, available via the Internet network which will be used as a "software as a service" by the Client. Tested on the latest versions of the popular browsers, such us Mozilla Firefox, Internet Explorer, Google Chrome and Safari. The functions of the Service may be limited using other, non-standard compliant or outdated browsers. The Service can be used in different plans. The contents of the Service depend on the Client's selected plan.
The Service covers the followings for the duration of the paid fees:
- operation of the CO3 integrated management modules
- storing uploaded data and documents by the Client
- the payment of the basic fee includes the fixes of any errors and the availability of the new functions developed by CO3. CO3 is not obliged to fulfil the Client's specific needs. If there are such claims Client and CO3 would be agree in a special separate contract.
3 Cutomer service and complaints
The Service has a customer service which can be reached electronically from inside the Service or vie eamil. Technical support available on every workdays from 10:00 - 16:00 CET (except public holidays). Email address: support@co3app.com.
4 Conditions of the User Account
- Client must provide it’s legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Client’s login may only be used by one person – a single login shared by multiple people is not permitted. Client may create separate logins for as many people as Client should like.
- Client is responsible for maintaining the security of its account and password. CO3 cannot and will not be liable for any loss or damage from Client’s failure to comply with this security obligation.
- Client is responsible for all content posted and activity that occurs under its account (even when content is posted by others who have accounts under Client’s account).
- Client may not use the Service for any illegal or unauthorized purpose. Client must not, in the use of the Service, violate any laws in Client’s jurisdiction (including but not limited to copyright laws).
5 Fees and payments
- The Service can be paid with a valid bankcard or via money transfer.
- The Client will be notified 5, 2 days before and the day at the end of the Service period (30 days). Client is responsible to pay the choosen Service plan fee for the last day of the Service period.
- The Service is billed in advance on a 30 days 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.
- The Service fee is considered paid if it was credited on the bank account of the CO3 even if the Service fees collected by third-parties.
- If the Client does not pay not later than 30. day after the expiration, the User Account will be deleted automatically and permanently with all of the uploaded content.
- If the Service fee collected by third-party the account will be suspended; in this case the Account will be re-activated if the Client creates a direct contract to the CO3 and pay the due fees to CO3. If the Client has not paid before the 30. day of the suspension the User Account will be deleted according to 5.5.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes of Hungary.
6 Cancellation and termination
- Client is solely responsible for properly canceling its account. Client can cancel its account at any time by written claim via email to info@co3app.com.
- All of Client’s content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once Client’s account is cancelled.
- If Client cancels the Service before the end of Client’s current paid up period, Client’s cancellation will take effect immediately and Client will not be charged again.
7 Modifications of the Service and prices
- CO3 reserves the right at any time and from time to time to modify/update the Service (or any part thereof) with or without notice.
- Price of the Service, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to Client’s email address or in the Service itself.
- CO3 shall not be liable to Client or to any third-party for any modification, price change of the Service.
8 Copyright and Content ownership
- CO3 claims no intellectual property rights over the material Client provides to the Service. Client’s profile and materials uploaded remain Client’s.
- The look and feel of the Service is copyrighted by CO3 Ltd. All rights reserved. Client may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from CO3.
9 Confidential Information
All information relating to Client that is known or ought reasonably to be known to be confidential or proprietary, or which is respect of Client or is clearly marked as such, will be held in the strictest confidence by CO3 and will not be disclosed or used by CO3 except to the extent that such disclosure or use is reasonably necessary to the performance of the Service, provided that CO3 has specific prior written authorization of Client to do so.
10 Limitation of Liability
- Client agrees that CO3 shall, in no event, be liable for any consequential, incidental, indirect special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or any other loss arising out of or caused by Client’s use of or inability to use the service, even if CO3 has been advised of the possibility of such damage. Client’s sole and exclusive remedy for any dispute with CO3 related to any of the services shall be termination of such service. In no event shall CO3’s entire liability to Client in respect of any service, whether direct or indirect, exceed the one (1) month fee paid by Client towards such service.
- During the trial period Client agrees that CO3 shall, in no event, be liable for any consequential, incidental, indirect special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or any other loss arising out of or caused by Client’s use of or inability to use the service, even if CO3 has been advised of the possibility of such damage.
- CO3 excludes the use of the Ptk. 6:541.§ that any claims for compensation for damage caused during the contracted period only enforceable against to CO3 - except the specified cases in Ptk. 6:526.§.
11 General Conditions
- Client’s use of the Service is at its sole risk. The service is provided on an “as is” basis.
- Force Majeure: CO3 will not responsible for any delay or failure in performance of the Service to the extent that such delay is caused by events or circumstances beyond the CO3’s reasonable control.
- Client understands that CO3 can use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- Client must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service.
- Client agrees 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 CO3.
- CO3 may, but have no obligation to, remove content and Accounts containing content that CO3 determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CO3 customer, employee, member, or officer will result in immediate account termination.
- Client understands that the technical processing and transmission of the Service, including Client’s 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.
- Client must not upload, post, host, or transmit unsolicited email or spam messages.
- Client must not transmit any worms or viruses or any code of a destructive nature.
- If Client’s bandwidth usage exceeds 200 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by CO3) of other customers, CO3 reserves the right to immediately disable Client’s account or throttle Client’s file hosting until Client can reduce its bandwidth consumption.
- The failure of CO3 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 constitutes the entire agreement between Client and CO3 governs Client’s use of the Service, superceding any prior agreements between Client and CO3 (including, but not limited to, any prior versions of the Terms of Service).
12 Entry into force
The presetn Terms and Conditions shall enter into force on the 18th of March 2015, and in force until withdrawn. Its provisions shall also apply to all existing contracts.