THESE TERMS OF SERVICE (THESE “TERMS”) GOVERN SUBSCRIPTION TO AND USE OF JOINTEFFORT.IO’S SERVICES. IF YOU ARE GRANTED A FREE VERSION OF JOINTEFFORT.IO’S SERVICES, THE APPLICABLE PROVISIONS OF THESE TERMS WILL ALSO GOVERN THAT FREE VERSION. BY ACCESSING OR USING JOINTEFFORT.IO’S WEBSITES AND SERVICES, YOU ACCEPT OR AGREE TO THESE TERMS. IF YOU ARE ENTERING INTO OR ACCEPTING THESE TERMS ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS, IN WHICH CASE, THE TERM “SUBSCRIBER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS OR USE JOINTEFFORT.IO’S SERVICES.
EFFECTIVE DATE: 26 March 2022
These Terms of Service (these “Terms”) are made by and between the party on whose behalf they are accepted ("Subscriber") and JointEffort.io and are effective as of the date they are accepted by Subscriber. “JointEffort.io” means Kombineer Limited with offices at Joseph Swan Road, Orbit NETPark, Sedgefield TS21 3FB, (United Kingdom). The complete subscription agreement including these Terms (the “Agreement”) is made for the purpose of granting Subscriber a limited subscription to use JointEffort.io’s services (the “Services”).
JointEffort.io may offer a free version of the Services (“Free Services”) from time to time, JointEffort.io will make such Free Services available to Subscriber free of charge until the earlier of (a) the start date of any paid subscription for a paid version of such Free Services, if applicable, or (b) termination of the Free Services by JoinEffort.io at its sole discretion. Additional terms and conditions may appear on the registration website for a Free Service and any such additional terms and conditions are incorporated into this Agreement by reference and are legally binding.
ALL FREE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND. FREE SERVICES MAY BE SUSPENDED, TERMINATED, OR DISCONTINUED AT ANY TIME AND FOR ANY REASON (OR NO REASON). JOINTEFFORT.IO DISCLAIMS ALL OBLIGATION AND LIABILITY UNDER THE AGREEMENT (INCLUDING LIABILITY OTHERWISE PROVIDED FOR UNDER SECTION 12 (LIMITATION OF LIABILITY)) FOR ANY HARM OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH A FREE SERVICE, INCLUDING ANY OBLIGATION OR LIABILITY WITH RESPECT TO SUBSCRIBER DATA. ANY CONFIGURATIONS OR SUBSCRIBER DATA ENTERED INTO A FREE SERVICE, AND ANY CUSTOMIZATIONS MADE TO A FREE SERVICE BY OR FOR SUBSCRIBER, MAY BE PERMANENTLY LOST IF THE FREE SERVICE IS SUSPENDED, TERMINATED, OR DISCONTINUED. JOINTEFFORT.IO’S INDEMNITY OBLIGATIONS UNDER SECTION 15 INDEMNIFICATION, DO NOT APPLY TO FREE SERVICES.
JointEffort.io will make the Services available to Subscriber according to one or more online or written ordering documents (each a “Service Order”). The Agreement includes each Service Order incorporating the Agreement.
JointEffort.io will comply with all laws and governmental regulations applicable to the Services.
JointEffort.io will be responsible for the performance of its personnel (including employees and contractors) and their compliance with the Agreement. JointEffort.io enters into the Agreement on behalf of itself and its Affiliates. An “Affiliate” of a party is any entity (a) that the party Controls; (b) that the party is Controlled by; or (c) with which the party is under common Control, where “Control” means direct or indirect control of fifty percent (50%) or more of an entity’s voting interests (including by ownership).
JointEffort.io will maintain administrative, physical, and technical safeguards for the security and integrity of the Services (the “Security Measures”) consistent with industry standard practices. JointEffort.io will store, process, transmit and disclose electronic data and configurations submitted to the Services at the direction of or on behalf of Subscriber ("Subscriber Data") only according to the Agreement and the Documentation. The Services, independent of Subscriber Data, will not transmit code, files, scripts, agents, or programs intended to do harm, including, viruses, worms, time bombs, and Trojan horses ("Malicious Code").
To the extent JointEffort.io processes any Subscriber Personal Data (as defined in the DPA) contained in Subscriber Data on behalf of Subscriber, the terms of the Data Processing Addendum available at https://www.jointeffort.io.com/pdf/DPA-latest.pdf (the "DPA"), which are incorporated herein by reference, will apply and the parties agree to comply with such terms. For purposes of the Standard Contractual Clauses incorporated by reference into the DPA, Subscriber and its applicable Affiliates are each the “data exporter”, and Subscriber’s and its applicable Affiliate's acceptance of these Terms or applicable Affiliate’s signing of a Service Order, will be treated as signing of the Standard Contractual Clauses and their appendices.