Whit label Terms of Services
These Terms of Use (the “Terms” or “Agreement”) is a legally binding agreement between the user, partner or subscriber of the Services (the “User” or “you”) and MICROWEBER CMS, a legal entity incorporated under the laws of The Republic of Bulgaria with registration number 205142863 and registered address in Sofia city, Bratya Chakrin str. No. 10, fl. 4, ap. 12 (the “Microweber”, “we” or “us”).
By registering for the Services or by accessing or using the Services or Website, you acknowledge that you have read, understood, and agreed to be bound by the Terms. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you”, or “your” shall refer to such entity. If you do not have such authority, or if you disagree with the terms of this Agreement, you must not accept this Agreement and may not use the Services. You acknowledge that this Terms is a contract between you and Microweber, even though it is electronic and is not physically signed by you, and it governs your use of the Services.
PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT REGISTER FOR OR USE THE SERVICES.
SERVICES
Services: The “Services” is a completely brand-free website builder platform with or without a custom domain (the “Platform”), which may be used as a stand-alone solution or integrated into your existing ecosystem. The platform will be available at any URL designated by the User.
The Services enable Users to offer it as a SaaS platform, create websites in-house and pass the ownership to the clients, offer it as a free solution, and etc. If you are using the Website in a visitor (non-registered) capacity, then the Services shall also refer to the Website.
The Services include a Builder and an Admin Dashboard, along with third-party integrations that may or may not be used by the User.
Updates; Additional Services: The Services include all updates, modifications, and enhancements that Microweber made generally available as part of the Services at no additional charge (the “Updates”). All Updates shall be subject to the Terms. Partners may subscribe to additional products and/or services provided by Microweber with a fixed fee or free of charge, which shall be subject to the terms of this Agreement, including any supplementary terms made applicable to such additional products and services, or to separate terms and conditions to be accepted by you prior to subscribing to such additional products and/or services.
Third-Party Sites; Services; and Products: The Services may refer or link to third-party sites, products or services. Certain third-party sites (the “Third-Party Sites”) to which we link are provided to you for your convenience only and are not under our control. We are not responsible for monitoring any transaction between you and any such Third Party Sites and do not warrant, endorse, guarantee, or assume responsibility for them. We may also use third-party services and products within the Services (the “Third Party Services and Products”), including, but not limited to, information and communication services, analytics services, mapping services, internet advertising platforms, and advertising service providers. Your use of Third-Party Services and Products may be subject to such third party’s terms of service to be accepted by you prior to your use of such Third-Party Services and Products.
USE OF SERVICES
Visitors and Users: You can visit the Website in a visitor (non-registered) capacity; provided, to use the Services, you need to subscribe to one of the plans available at Microweber.com, identifying your business needs and additional requests to configure the Platform. By mutual agreement, Microweber will start the setup process and will issue an invoice prior to your project launch date based on your subscription plan (the “Subscription Plan”).
Subject to the terms and conditions of this Agreement, Microweber hereby grants you permission to access and use the Services and the Website in accordance with this Agreement and the limitations of the Subscription Plan that you select when subscribing to the Services, which may be found at Microweber.com or another URL that we designate. You represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age or the other minimum age provided under your law of your residence country and have the capacity and authority to enter into this Agreement; and (d) your use of the Services does not and will not violate any applicable law or regulation. If you are under 18, you may not register or attempt to register for the Services.
Restrictions: You may not, directly or indirectly, (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Services or any portion thereof available to any third party; (b) use the Services for any purpose or in any manner that is unlawful (including without limitation in violation of any data, privacy, anti-bribery or export control laws) or is prohibited by this Agreement; (c) read or attempt to read or derive the source code of the Services or the software underlying the Services (except as permitted by law); (d) work around any technical limitations in the Services; (e) interfere or attempt to interfere with or disrupt the integrity, security, functionality or performance of the Services or its components; (f) use the Services in any manner that damages or impairs the Website or interferes with any other party’s use of the Services; (g) modify, translate, adapt, create or attempt to create any derivative works of the Services; (h) access the Services if you are a competitor of ours or use the Services to build a similar or competitive work; (i) hack or otherwise attempt to gain unauthorized access to the Services or its related systems or networks; or (j) use or launch any automated system, including, “robots,” “spiders,” or “offline readers,” that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser. You will promptly notify Microweber if you learn of any unauthorized use or breach of security related to the Services.
Content: You are solely responsible for all data, information, suggestions, text, content, and other materials that you upload to the platform. Microweber has the right, but not the obligation, to monitor the Content, the Services, and your use thereof. You agree that we may remove or disable any Content that we in good faith determine violates any applicable law, the terms of this Agreement, or any third party right (including, but not limited to, upon receipt of any claim or allegation by a third party or governmental or regulatory authority relating to such Content. You understand that the Services, including any Content in the Platform, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) transmission to Microweber’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services. You acknowledge and agree that you bear sole responsibility for adequate security, protection and backup of the Platform and you warrant and represent that your Platform and your use of your Platform will not violate any applicable law or any third party right. Microweber will have no liability for any unauthorized access or use of your Platform, or any corruption, deletion, destruction or loss thereof. You understand and agree that we may monitor your use of the Services as well as the use of the Services by all of our users and that we may use the information gathered in an aggregate and anonymous manner. You agree that we may use and publish such aggregated and anonymized information, provided that such information does not identify you. In addition, we may use the information that you submit to the Services without identifying you for purposes of improving the Services.
Access to Beta Versions: Microweber may provide you with access to new functionalities, tools, resources, and related information which are not yet generally available to our users (the “Beta Version”). Microweber may suspend, limit, or terminate access to a Beta Version at any time. You agree that Beta Versions are the confidential information of Microweber and not to disclose any information about any Beta Version to any third party or use the Beta Version other than for your internal testing and evaluation purposes and otherwise in accordance with this Agreement. You agree that Microweber is under no obligation to make any portion of any Beta Version generally available in a new release of the Services and that Microweber makes no representations or warranties, whether express or implied, with respect to the performance, availability, functionality, or general release of any Beta Version.
Privacy: By using the Services, you authorize us to obtain, process, store, use and transmit your personal data in accordance with our Privacy, which forms an integral part of this Agreement. You acknowledge that the Services have not been designed to process or manage sensitive information and you agree not to use the Services to collect, manage or process sensitive information. We will not have, and we specifically disclaim, any liability that may result from your use of the Services to collect, process or manage sensitive information.
FEES AND PAYMENT
Fees: Users of Services will be charged the fees set forth in the relevant Subscription Plan or as otherwise agreed with Microweber in a written ordering document or other writing signed by Microweber and you (the “Fees”). You agree to pay the Fees monthly, quarterly or annually in advance according to your Subscription Plan, or as otherwise agreed between you and us, by a payment method accepted on the Website. If you fail to pay such an amount, we reserve the right to cancel your subscription and access to the Services, and any data associated with your subscription or the Services or terminate your Platform. Once all due payments are received we will re-activate your Platform and restore all accesses. You can access the details of your Subscription Plan, including any prepaid amounts, by accessing your User Account. Any bank fees and charges shall be borne solely by you.
You can update your payment method from your partner account. We may also update your payment methods based on the changes made by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s).
Invoices: We will issue an invoice prior to the launch date based on your Subscription Plan. Following this, you will receive monthly, quarterly or annual invoices. For every case, you should pay within fifteen (15) calendar days upon the receipt of the respective invoices.
Taxes: All Fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Services, other than taxes based upon our gross revenues or net income. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
Disclaimer: EXCEPT WHERE PROHIBITED BY LAW, THE SERVICES AND THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES OR THE WEBSITE (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES TO WHICH THE WEBSITE OR SERVICES ARE LINKED. THESE TERMS WILL NOT LIMIT ANY NON-WAIVABLE WARRANTIES OR CONSUMER PROTECTION RIGHTS THAT YOU MAY BE ENTITLED TO UNDER THE MANDATORY LAWS OF YOUR COUNTRY OF RESIDENCE.
Limitation of Liability: You waive all special, indirect and consequential damages against us. You understand and agree that if you do not agree to this limitation of liability, we would not provide the Services to you. The foregoing limitation of liability shall apply to the fullest extent permitted by law.
Warranty And Disclaimer With Regard To Third-Party Sites; Third-Party Services; and Products: Microweber and its affiliates disclaim any liability with respect to any Third Party Sites and any Third-Party Services and Products that you use and for any claim arising out of Microweber’s authorized use of your Platform.
INDEMNITY
You agree to defend, indemnify and hold harmless Microweber and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (a) your breach or other violation of this Agreement, (b) your Content, (c) your use of and access to the Services and the Website, or (d) your violation of applicable law or any third party right, including without limitation any privacy, intellectual property or other proprietary rights. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Services and the Website. Microweber reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Microweber’s defense of such matter.
MISCELLANEOUS
Confidentiality: All confidential information disclosed by a party (the “Disclosing Party”) to the other party (the “Receiving Party”), whether orally or in writing, that is designated in writing as confidential (the “Confidential Information”) will be safeguarded by the Receiving Party to the same extent that the Receiving Party safeguards its own information of like kind, but using not less than a reasonable degree of care. The Receiving Party shall not use Confidential Information for any purpose outside the scope of this Agreement or disclose Confidential Information to any third party (except as explicitly stated in our Privacy Policy). The Receiving Party’s obligations under this section shall not apply to information which is publicly available through no fault of the Receiving Party, already in Receiving Party’s possession without obligation of confidentiality, rightfully obtained by Receiving Party from third parties, not under the obligation of confidentiality, or independently developed by Receiving Party as evidenced by written documentation. If the Receiving Party is requested pursuant to a court or government order to disclose Confidential Information, the Receiving Party will give the Disclosing Party written notice (if not legally prohibited from doing so) sufficient to enable the Disclosing Party to seek a protective order and the Receiving Party will cooperate with the Disclosing Party in such effort.
Assignment: You may not assign or transfer this Agreement, or rights or obligations under it, without our prior written consent. We may assign this Agreement, in whole or in part, without restriction. Any assignment or transfer in violation of the foregoing shall be deemed void and of no effect. Subject to the foregoing, the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
Force Majeure: We shall not be liable for failure or delay of performance of our obligations resulting from any condition beyond our reasonable control, including but not limited to, third party equipment or services, communications failure, governmental action, war, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
Governing Law And Jurisdiction: You agree to submit to the personal jurisdiction of the courts located within the County of Sofia, Bulgaria for the purpose of litigating all claims or disputes. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. Governing law is without regard to any conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.
Notices: Notices to you shall be given to the email address on file associated with your account. To change the email address on file in your account, you must notify Microweber at info[@]microweber.com. You agree to receive communications from us in an electronic form. All notices to you will be deemed received when sent to info[@]microweber.com.
Entire Agreement: This Agreement is the entire agreement between you and Microweber concerning your use of the Website and the Services and supersedes all other proposals and agreements, whether in oral, written or electronic form. In the event of any conflict between the terms of this Agreement and the terms on the Website or any other document, the terms of this Agreement shall prevail. The terms in any purchase order or in any order documentation are incorporated into or form part of this Agreement.
Changes: WE MAY CHANGE THE TERMS OF THIS TERMS FROM TIME TO TIME BY POSTING THE UPDATED TERMS ON THE WEBSITE. YOU CAN REVIEW THE MOST CURRENT VERSION OF THESE TERMS AT ANY TIME AT Microweber.com OR A SUCCESSOR URL THAT WE MAY DESIGNATE. THE REVISED TERMS AND CONDITIONS WILL BECOME EFFECTIVE IMMEDIATELY AFTER WE POST THE UPDATED TEXT ON THE WEBSITE. IF YOU USE THE SERVICES AFTER SUCH DATE, SUCH USE WILL CONSTITUTE ACCEPTANCE OF THE REVISED TERMS AND CONDITIONS. We also reserve the right to modify the Services from time to time at our sole discretion. If any change to this Terms is not acceptable to you, or if any change we make to the Services is a material reduction in functionality, you may, as your sole remedy for such change, stop using the Services and send a cancellation request.
Languages: You agree that this Agreement is written in the English language and that the English language version of this Agreement and any related document (including notices) shall prevail. Notwithstanding the foregoing, if you are in a country whose laws require that contracts be in the local language in order to be enforceable, then the version of this Agreement that governs is the local language version that is produced by Microweber within a reasonable time following your written request to us.
No Waiver: No failure or delay by Microweber to exercise any right or remedy will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
Severability: If any provision of this Agreement is found by any court or other authority of competent jurisdiction to be invalid, unenforceable or illegal, this shall not impair the operation of this Agreement or affect the other provisions which are valid.
Electronic Communications: We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.