Terms Of Service
Effective July 1, 2016
1. Your Agreement with Eventn
1.1 Your use of the Eventn service is governed by this agreement (the "Terms"). "Eventn" means Eventn the platform and its subsidiaries or affiliates involved in providing the Eventn Service. The “Eventn Services” means the services Eventn makes available through this website, including this website, the Eventn cloud computing platform, the Eventn API and any other software or services offered by Eventn in connection to any of those.
1.2 In order to use the Eventn Services, you must first agree to the Terms. You can agree to the Terms by actually using the Eventn Services. You understand and agree that Eventn will treat your use of the Eventn Services as acceptance of the Terms from that point onwards.
1.3 If you have entered into or enter into a master subscription agreement with Eventn, that master subscription agreement shall not apply to Eventn Services, and Eventn Services shall not be considered a service or product or part of any service or product under such master subscription agreement, unless otherwise expressly agreed in writing by Eventn. The Eventn Services are delivered from an infrastructure different from the infrastructure underlying other Eventn services, and any representations or commitments by Eventn regarding the security or availability of its services or products do not apply to Eventn Services.
1.4 You may not use the Eventn Services if you are a person barred from receiving the Eventn Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Eventn Services. You affirm that you are over the age of 13, as the Eventn Services are not intended for children under 13.
1.5 You agree your purchases of Eventn Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Eventn or any of its affiliates regarding future functionality or features.
2. Your Account and Use of the Eventn Services
2.1 You must provide accurate and complete registration information any time you register to use the Eventn Services. You are 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 Eventn immediately.
2.2 Your use of the Eventn Services must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software.
2.3 You agree not to (a) access (or attempt to access) the administrative interface of the Eventn Services by any means other than through the interface that is provided by Eventn in connection with the Eventn Services, unless you have been specifically allowed to do so in a separate agreement with Eventn, or (b) engage in any activity that interferes with or disrupts the Eventn Services (or the servers and networks which are connected to the Service).
2.4 Your account has "hard" and "soft" usage limits. The Eventn Services do not permit you to exceed the hard usage limits. Eventn reserves the right to enforce soft usage limits in its sole discretion, which may result in Eventn serving a "quota exceeded" page to you or users to whom you serve web pages via the Eventn Services ("End Users"). Repeated exceeding of the hard or soft usage limits may lead to termination of your account.
2.5 You may use the Eventn Services only to develop and run applications on the Eventn infrastructure. You may not access the Eventn Services for the purpose of bringing an intellectual property infringement claim against Eventn or for the purpose of creating a product or service competitive with the Eventn Services.
3. Service Policies and Privacy
3.1 You agree to comply with the Eventn Acceptable Use Policy available at acceptable use policy (the "Acceptable Use Policy") which is incorporated herein by this reference and which may be updated from time to time.
3.3 Eventn shall use commercially reasonable efforts to make the Eventn Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which you are given notice via the Eventn Services, or (b) any unavailability caused by circumstances beyond Eventn's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Eventn employees), Internet service provider failures or delays, or denial of service attacks.
3.4 You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users. If End Users provide you with user names, passwords, or other login information or personal information, you must make the users aware that the information will be available to your application and to Eventn.
4. Fees for Use of the Eventn Services
4.1 Subject to the Terms, the Eventn Services is provided to you without charge up to certain limits. Usage over this limit requires your purchase of additional resources or services. The pricing for additional resources and services can be found at https://eventn.com/pricing (or such URL as Eventn may provide).
4.2 For all purchased resources and services, we will charge your credit card on a monthly basis or at the interval indicated in Eventn fees and payment policies, if different. Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees Eventn incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Eventn's measurements of your use of the Eventn Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Eventn and only in the form of credit for the Eventn Services. Nothing in these Terms obligates Eventn to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Eventn may be shared by Eventn with companies who work on Eventn's behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Eventn and servicing your account. Eventn may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Eventn shall not be liable for any use or disclosure of such information by such third parties. Eventn reserves the right to discontinue the provision of the Eventn Services to you for any late payments.
4.3 Eventn shall use commercially reasonable efforts to make the Eventn Services available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which you are given notice via the Eventn Services, or (b) any unavailability caused by circumstances beyond Eventn's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Eventn employees), Internet service provider failures or delays, or denial of service attacks.
4.4 Eventn may change its fees and payment policies for the Eventn Services by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL Eventn may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
This document is an adaptation of the Google App Engine Terms of Service and the Heroku Terms of Service. The original work has been modified. Google Inc. and Heroku Inc. are not connected with and do not sponsor or endorse Eventn or its use of the work.