Terms of Service
Last updated 11 January, 2023
Please read on to learn the terms and conditions that govern your use of Encore's website(s), products, services and software. If you have any questions or feedback regarding these terms, please contact us via email at: [email protected]
By accessing or using the Encore website(s) and any products, services and software provided by Encoretivity AB and its subsidiaries (collectively referred to in these Terms of Service as the “Encore Service”), you confirm that you are in agreement with and bound by the terms of Service contained in the Terms of Service outlined below. These terms apply to the Encore Service and any email or other type of communication between you and Encoretivity AB and its subsidiaries (referred to in these Terms of Service as "Encore”, “the Company”, "us", "we" or "our").
Under no circumstances shall Encore be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Encore Service, even if Encore or an authorized representative has been advised of the possibility of such damages. If your use of the Encore Service results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
Encore will not be responsible for any outcome that may occur during the course of usage of the Encore Service. We reserve the right to change prices and revise the resources usage policy at any moment.
Encore grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use published software, and use the Encore website(s), strictly in accordance with the terms of this Agreement.
These Terms of Service are a contract between you and Encore, the provider of the Encore Service.
You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use or subscribe to the Encore Service. In these Terms of Service, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account, cancel your subscription, or block access to your account without notice.
Definitions and key terms
To help explain things as clearly as possible in these Terms of Service, every time any of these terms are referenced, are strictly defined as:
- Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
- Encore: when this policy mentions “Encore”, “the Company,” “we,” “us,” or “our,” it refers to Encoretivity AB, Långholmsgatan 19, Stockholm 117 33, Sweden, and its subsidiaries.
- Country: where Encoretivity AB or the owners/founders of Encoretivity AB are based, in this case is Sweden or “SE”.
- Device: any internet connected device such as a phone, tablet, computer or any other device that can be used to visit Encore.dev and use the Encore Service.
- Encore Service: refers to any websites, products, services, and software provided by Encoretivity AB and its subsidiaries, as described in the relative terms (if available) and on this platform.
- Paid Service(s): refers to any part of the Encore Service that is offered subject to payment of a fee. The fee can be both fixed or determined based on usage.
- Encore Open Source Project: refers to the software made available by Encoretivity AB as Open Source Software, as described on this URL: https://encore.dev/opensource
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
- Website: Encore.dev's site, which can be accessed via this URL: https://encore.dev and any subdomains.
- You: a person, company, or entity that is registered with Encoretivity AB to use the Encore Service.
- Online Order Form: a checkout, payment, or registration page for signing up to the Encore Service.
- Initial Service Term: the subscription duration as displayed on the Online Order Form.
Using the Encore Service
In order to use the Encore Service, you may be required to sign up for an account, select a password and username, and provide us with certain information or data, such as your contact information. You agree to provide us with accurate, complete, and updated registration information about yourself. You may not use another person’s name or data with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
Additionally, you may be able to access the Encore Service by using your account credentials from other services (each, a “Third Party Account”), such as those offered by GitHub, Google, and others. By using the Encore Service through a Third Party Account, you permit us to access certain information from such accounts for use by the Encore Service. You are in control of how much information is accessible to us and may exercise such control by adjusting the privacy settings on your Third Party Account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Encore Service and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Encore Service in a manner that complies with all laws that apply to you. If your use of the Encore Service is prohibited by applicable laws, then you aren’t authorized to use the Encore Service. We can’t and won’t be responsible for your using the Encore Service in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account, password and any other access tools or credentials. You’re responsible for any activity associated with your account.
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Encore Service or make the platform available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Encore Service that is not included in the Encore Open Source Project.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Encoretivity AB or its subsidiaries, affiliates, partners, suppliers or the licensors of the website/app.
- Infringe or violate the intellectual property rights or any other rights of anyone else (including Encore).
- Violate any law or regulation, including, without limitation, privacy laws or any other purpose not reasonably intended by Encore.
- Contribute to, publish, or produce anything that is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable.
- Jeopardize the security of your Encore Service account or anyone else’s (such as allowing someone else to log in to the Encore Service as you).
- Attempt, in any manner, to obtain the password, account, or other security information from any other user.
- Use the Encore Service to violate the security of any computer network, or crack any passwords or security encryption codes.
- Run any processes or programs that interfere with the proper working of the Encore Service, including placing an unreasonable load on the Encore Service’s infrastructure.
A violation of any of the foregoing restrictions is grounds for termination of your right to use or access the Encore Service.
Free and Paid Services
The Encore Services may be free or we may charge a fee for using the Encore Services. If you are using a free version of the Encore Services, we will notify you before any Encore Services you are then using begin carrying a fee. If you wish to continue using such Encore Services, you must then pay all applicable fees for such Encore Services.
Payment of fees
You agree to pay the Company the applicable fees described in the Online Order Form for the Paid Services and in accordance with the terms therein (the “Fees”). If your use of the Paid Services exceeds the Service Capacity set forth on the Online Order Form or otherwise requires the payment of additional fees (per the terms of this Agreement), you shall be billed for such usage and you agree to pay the additional fees in the manner provided herein.
The Company reserves the right to change the Fees, or applicable charges, and to institute new charges and Fees at the end of the Initial Service Term or the current renewal term, upon seven (7) days prior notice to Customer (which may be sent by email).
If you believe that the Company has billed you incorrectly, you must contact the Company no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to the Company’s customer support department by sending an email to [email protected].
The Company may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice. Unpaid amounts may result in immediate termination of Service.
Renewal of Paid Services
This Agreement is for the Initial Service Term as specified in the Online Order Form, and shall be automatically renewed for additional periods of the same duration, unless either party requests termination prior to the end of the then-current Service Term. Upon renewal, your selected payment details (as submitted in the Online Order Form) will be charged the then current Service Free.
For example: Agreements with a 1 month Initial Service Term will renew automatically for an additional 1 month Service Term, whereas a 1 year Initial Service Term will renew automatically for an additional 1 year Serice Term, unless otherwise instructed by you prior to the end of the then-current Service Term.
Cancellation policy for Paid Services
Paid Services will renew automatically unless cancelled prior to the end of the then-current Service Term.
Upon renewal, your selected payment details (as submitted in the Online Order Form) will be charged the then-current Service Fee.
You can cancel the renewal of Paid Services at any time by contacting us via email to [email protected].
If, for any reason, you are not completely satisfied with the service that we provide, don't hesitate to contact us via email to [email protected] and we will discuss any of the issues you are going through with our service.
Termination of Service
In addition to any other remedies it may have, either party may also terminate this Agreement upon seven (7) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. You will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, the Company will use commercially reasonable efforts to make your Data available to you for electronic retrieval for a period of thirty (30) days, but thereafter the Company may, but is not obligated to, delete stored Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
As part of the Encore Service, you may receive communications through the Encore Service and via communication channels such as email. By signing up for the Encore Service you agree to receive such communications until such a time you have given us instructions to stop sending messages. When first signing up for the Encore Service you will receive a welcome email with instructions on how to stop further messages.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Encore with respect to the website/app shall remain the sole and exclusive property of Encore. Encore shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
We've updated our Terms of Service to provide you with complete transparency into what is being set when you visit our site and how it's being used. By using our website/app, registering an account, or making a purchase, you hereby consent to our Terms of Service.
Links to Other Websites
These Terms of Service apply only to the Encore Service. The Encore Service may contain links to other websites not operated or controlled by Encore. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Please remember that when you use a link to go from the Encore Service to another website, our Terms of Service are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.
Changes To Our Terms of Service
You acknowledge and agree that we may stop (permanently or temporarily) providing the Encore Service (or any features within the Encore Service) to you or to users generally at Encore’s sole discretion, without prior notice to you. You may stop using the Encore Service at any time. You do not need to specifically inform us when you stop using the Encore Service. If you have a paid subscription to the Encore Service, you must cancel it on the Encore.dev website in order to prevent any upcoming recurring billing. You acknowledge and agree that if Encore disables access to your account, you may be prevented from accessing the Encore Service, your account details or any files or other materials which are contained in your account.
If we decide to change our Terms of Service, we will post those changes on this page, and/or update the Terms of Service modification date on this page.
Modifications to the Encore Service
Encore reserves the right to modify, suspend or discontinue, temporarily or permanently, the Encore Service or any service to which it connects, with or without notice and without liability to you.
Updates to the Encore Service
Encore may from time to time provide enhancements or improvements to the features/ functionality of the Encore Service, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").
Updates may modify or delete certain features and/or functionalities of the Encore Service. You agree that Encore has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Encore Service to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Encore Service, and (ii) subject to the terms and conditions of this Agreement.
We may display, include or make available third-party content (including data, information, applications and other products and services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that Encore shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Encore does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by you or Encore.
In order to terminate your Encore account, please contact us at any time via email: [email protected]
Encore may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Encore, in the event that you fail to comply with any provision of this Agreement.
Upon termination of this Agreement, you shall cease all use of the Encore Service.
Termination of this Agreement will not limit any of Encore's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material used in the Encore Service constitutes an infringement on your copyright, please contact us setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
You agree to indemnify and hold Encore and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Encore Service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Amendments to this Agreement
Encore reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Encore Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Encore Service.
The Agreement constitutes the entire agreement between you and Encore regarding your use of the Encore Service and supersedes all prior and contemporaneous written or oral agreements between you and Encore.
You may be subject to additional terms and conditions that apply when you use or purchase other of Encore’s services, which Encore will provide to you at the time of such use or purchase.
Updates to Our Terms
We may change the Encore Service and its policies, and we may need to make changes to these Terms so that they accurately reflect the Encore Service and its policies. Unless otherwise required by law, we will notify you (for example, through the Encore Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Encore Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.
The Encore Service and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Encore, its licensors or other providers of such material and are protected by SE and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Encore, unless and except as is expressly provided in these Terms of Service. Any unauthorized use of the material is prohibited.
Notice of Dispute
In the event of a dispute, you or Encore must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute via email to: [email protected] Encore will send any Notice of Dispute to your email address. You and Encore will firstly attempt to resolve any dispute through informal negotiation.
Submissions and Privacy
In the event that you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Encore without any compensation or credit to you whatsoever. Encore and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.
Encore may, from time to time, include contests, promotions, sweepstakes, or other activities (“Promotions”) that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible for reading all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions Rules.
Additional terms and conditions may apply to purchases of goods or services on or through the Encore Service, which terms and conditions are made a part of this Agreement by this reference.
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Encore is not responsible for any content, code or any other imprecision.
Encore does not provide warranties or guarantees.
In no event shall Encore be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Encore Service or the contents of the Encore Service. Encore reserves the right to make additions, deletions, or modifications to the contents on the Encore Service at any time without prior notice.
The Encore Service and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. Encore is a distributor and not a publisher of the content supplied by third parties; as such, Encore exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Encore Service. Without limiting the foregoing, Encore specifically disclaims all warranties and representations in any content transmitted on or in connection with the Encore Service or on sites that may appear as links on the Encore Service, or in the products provided as a part of, or otherwise in connection with, the Encore Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Encore or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Encore does not warrant that the Encore Service will be uninterrupted, uncorrupted, timely, or error-free.
Warranty and Disclaimer of Paid Services
Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing via Slack or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, COMPANY AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY CUSTOMER TO COMPANY FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Don't hesitate to contact us if you have any questions.
- Via email: [email protected]
- In writing: Encoretivity AB, Långholmsgatan 19, Stockholm, 117 33, Sweden