ConfigCat (ConfigCat Szolgáltató és Fejlesztő Korlátolt Felelősségű Társaság, a company registered in Hungary under company registry No. 01-09-352162 and having its registered seat at 1032 Budapest, Bécsi út 219. 9. em. 47., Hungary, hereinafter referred to as "ConfigCat", "we", "us" or "our") welcomes you to https://configcat.com (the “Website") and its services (including SDKs, APIs and related contents). These terms and conditions of service (collectively, with ConfigCat's Privacy Policy, Cookie Policy and Service Level Agreement, the "Terms of Service" or "Agreement") govern your use of the Website and the services, features, content or applications operated by ConfigCat (together with the Website, the "Services"), and provided to the Customer (the "Customer", "user", "sub-user", "you" or "your"). Our Privacy Policy, under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service.

Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services and form a binding conract between you and us upon acceptance.

Using the Website (i.e. agreeing to use the Services by clicking "Sign up with…" or “Create account” or placing an order or using or accessing any Services) constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us.

By using the Website, you acknowledge the receipt of our Privacy Policy. If you ordered the Services on the Website, use the Website, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy by accessing the Website. By using our Website or purchasing our Services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy.

If you are using the Services on behalf of an entity, organization or company (“user Company”), then “you” or “Customer” means the user Company, and you are binding the user Company to this Agreement. Furthermore, you represent and warrant that you have the legal power and authority to bind the user Company to these Terms of Service and you agree to be bound by theTerms of Service on behalf of the user Company.

Please note that ConfigCat reserves the right to amend or to modify these Terms of Service in our sole discretion from time to time, provided that if any such alterations constitute a material adverse change to these Terms of Service, ConfigCat will notify you by email, or by posting an announcement on the Website. Amendments and modifications apply prospectively only, but shall take effect immediately when posted on the Website (unless otherwise specified by us). Your continued use of the Website and access or use the Services following the posting of the amended or modified Terms of Service means that you accept and agree to be bound by such changes. For this reason, you are expected to review the Terms of Service from time to time (whenever you use the Services) to take notice of any changes we made, as they are binding on you.

If you do not agree to the Terms of Service, the Privacy Policy or any of their changes, you may not use the Services and exit the Website and stop using the Services immediately.

This Terms of Service represents the complete and exclusive understanding relating to the Agreement’s subject matter between the Customer and us. It supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to ConfigCat or any other subject matter covered by this Agreement.

1. Eligibility & Registration

1.1 To access of the Website, Customer may be asked to provide certain registration details or other information. It is a condition of your use of the Website, and you hereby represent and warrant, that you are of the legal age of majority in the jurisdiction in which you reside and that all information you provide is correct, current and complete. The Services are not targeted towards, nor intended for use by, anyone under the age of 13, as provided by GDPR. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services.

1.2 You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent of offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Furthermore, the Services of ConfigCat are offered only for the Customer’s use, and must not be shared with any third party. In order to place orders or to access or receive the Services, you must register for a ConfigCat account on the Services (an "Account"). Account information must be accurate, current and complete and governed by our Privacy Policy. You shall keep your Account up-to-date so we may send you notices, statements, and other information by email or through your Account.

1.3 If you choose, or you are provided with, a user name, a password or any other information as part of our security procedures, you must treat such information confidential and you must not disclose it to any third party. In any case, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You must logout from your Account at the end of each session. You should be particularly cautious when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

1.4 Alternatively, you can sign-up and log-in into your account using third-party resources such as Facebook, Google, GitHub, Microsoft or Bitbucket buttons disposed into the ‘Sign-Up’ page.

1.5 User Company may permit its employees or representatives to use the Services, provided they use the Services for the user Company’s benefit only and remain in compliance with this Agreement. User Company will be responsible and liable for all their use, access and compliance with the Terms of Service. If you are using the Services on behalf of a user Company, but you stop working for the user Company, the user Company must immediately terminate your access to its Account and any Services of ConfigCat.

1.6 You agree that you are solely responsible for the activity made through your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents). You agree to notify ConfigCat promptly of any unauthorized use of your user name or password or any other breach of security. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your Account and your right to use the Website according to Section 9. ConfigCat WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.

1.7 We may at any time request you to change the usage of the Services by email or through your Account. If you fail to comply with the provisions set out by us in the email, ConfigCat has the absolute right to disable your Account or refuse offering the Services.

2. Content

2.1 For purposes of these Terms of Service, the term "Content" includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

2.2 You and other third party users of the Website may be permitted to post, add, create, upload, distribute, submit, contribute, publish, display, make available or transmit to others (hereinafter collectively: "post") content, materials or hosted applications on or through the Website. All Content posted to the Services by users (collectively "User Content"), whether posted publicly or privately, is the sole responsibility (including its legality, reliability, accuracy and appropriateness) of the person who originated such User Content. You represent and warrant that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You represent and warrant that opinions expressed in User Content are those of the party posting the User Content and do not necessarily reflect the opinion of ConfigCat. ConfigCat is not responsible for (and has no liability with respect to) any User Content.

You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. You represent and warrant that all of your User Contents do and will comply with these Terms of Service, and you agree to defend, indemnify and hold ConfigCat and its affiliates and licensors harmless for any breach of that representation and warranty. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. We are under no obligation to post or use any User Content, and reserve the right to edit or remove User Content that violate these Terms of Service in our sole discretion.

2.3 The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

2.4 Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sub-licensable and non-transferable license to use (to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

2.5 By submitting any User Content to the Services (including ConfigCat's APIs and SDKs), excluding privately transmitted User Content that will be not divulged, you grant us a limited worldwide, non-exclusive, revocable, non-sub-licensable and non-transferable license to use User Content for the sole purpose of performing and supplying the Services to the user until the earlier of expiry or termination of the Services. We acknowledge and agree that use, reproduction, modification, distribution, exploitation or storage of any User Content for any other purpose is expressly prohibited without user's prior written permission. ConfigCat shall not sell, license, rent, or otherwise use or exploit any User Content for commercial use or in any way that violates your or any third party rights.

You represent and warrant that you own or control all rights to the User Content that you post and have the right to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Nothing in this Agreement shall operate as a transfer of any intellectual property owned by, or licensed to, ConfigCat or any of its affiliates, unless expressly provided otherwise in this Agreement.

3. Rules of Conduct

LAWFUL USE OF THE SERVICES

3.1 As a condition of use, you expressly accept not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services and the activity of any sub-user that uses your access code or Account. In this sense, we will be not responsible for potential inappropriate or illegal uses of our services, including SDKs, website and inherent contents.

3.2 You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that

(i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive, obscene, indecent, offensive, violent, hateful, inflammatory or otherwise objectionablein our sole discretion,

(ii) false, deceptive, misleading, fraudulent, untruthful or inaccurate, including but not limited to:

  • any attempt to impersonate any person or entity, including any other user, ConfigCat or its employees or representatives;
  • to misrepresent your identity or affiliation with any person or organization; and
  • any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address, identification documents or sensitive financial information.

(iii) constitutes unauthorized or unsolicited advertising, recruiting (i.e. all the advertising without the express written consent of ConfigCat),

(iv) violates the rights of any person or entity that may give rise to civil or criminal liability under applicable laws or regulations applicable to you, another user, and/or ConfigCat, including violation of privacy or publicity rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Service or the Privacy Policy or

(v) transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, pornography or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. However, ConfigCat may permit, in its sole discretion, adult websites that abide by state and federal law and regulation.

You agree not to access or use the Website in any manner that may have a detrimental effect on the Website’s function, user interaction or security, including but not limited to:

(a) attempting to intercept, redirect or otherwise interfere with communications intended for others;

(b) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; including but not limited to, you shall not:

  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure;
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).

(c) modifying, blocking or otherwise interfering with the display of the Website or interfering with another user’s ability to access, use and enjoy the Website;

(d) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb;

(e) performing, without express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website, including without limitation the Services; and

(f) engaging in any activities that results in any server being the target of a denial of service attack.

3.4 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.

3.5 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof.

INVASION OF PRIVACY, DEFAMATION, OR HARASSMENT

3.6 Customers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in ConfigCat's sole and absolute discretion according to the applicable laws and regulations (including, but not limited to the Civil Code and the Criminal Code of Hungary).

You agree not to access or use the Website in any manner to monitor or attempt to gain unauthorized access to: (i) an Account or computer not belonging to you; (ii) any data, information or communications on any network or system not owned by you, without authorization; (iii) any system or network user accounts or passwords of other users, without authorization; or (iv) e mail addresses, screen names or other identifiers without the consent of the person identified (including, without limitation, phishing, password robbery, spidering and harvesting).

You agree not to access or use the Website in any manner to monitor or copy materials on the Website for any unauthorized purpose or access the Website via any automatic device, process or means of access such as a robot or spider.

You agree not to access or use the Website in any manner to use, transmit or introduce: (i) information protected under the privacy or security regulations (ii) non public sensitive or personally identifiable information including but not limited to drivers license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers.

VIOLATION OF COPYRIGHT, TRADEMARK, PATENT OR TRADE SECRET

3.7 Customer represents, warrants and agrees that he will not use the Services in violation or infringement upon the intellectual property rights (copyrights, trademarks, patents or trade secrets) of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law.

With respect to any content contained in or provided through your use of the Services, you have and will continue to be solely responsible for

  • securing, reporting, and maintaining all necessary rights, clearances, and consents related thereto; and
  • paying all licensing fees, royalties, or respective shares, if any.

3.8 By using the Services You give your consent to ConfigCat to the use (limited to the electronic and paper-based copying and publishing, without any territorial restriction) of your name and your company logo for the purposes of including it or to refer to it in our case studies, promotional and marketing materials, in the "Trusted by companies" section of the ConfigCat Website, and other write-ups. However nothing in this Section 3.9. shall operate as a transfer of any intellectual property pertaining to your business name or logo owned by you to ConfigCat.

4. Third Party Services

4.1 The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. These links are provided for your convenience only. When you access third party resources on the Internet, you do so at your own risk and subject to the applicable terms and conditions of use for such websites. These other resources and are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or for any loss or damage that may arise from your use of them or any other aspect of such websites or resources.

Additionally, we currently use third-party providers for multiple purposes: We use the following resources to properly manage the information received by the users:

Additionally, we use to following providers to manage and process any payment and monetary transaction:

Finally, we use https://slack.com and email to communicate and receive messages from our customers.

We invite and suggest the Customer to read and understand their internal Privacy Policies to have a clear and general knowledge about their data treatments and data protection policies.

5. Payments, Billing and Pricing

SUBSCRIPTION

You shall choose the type of your subscription when you Sign up for the Services (for the types of subscription please check the Website and our Service Level Agreement). You are allowed to use our Services according to your subscription and in accordance with the Terms of Service.

You may change or cancel your subscription anytime with effect from the expiry of your prior subsciption by giving a written notice to us. However, it is always possible to upgrade your subscription with immediate effect. Unless you cancel your subscription by giving a written notice of non-renewal before the end of your subscription term, ConfigCat will automatically renew your subscription upon expiration.

ConfigCat may remotely review your use of the Services for comparison with your rights of use, and upon ConfigCat’s written request you shall provide any reasonable assistance to verify your compliance with these Terms of Service. If ConfigCat determines that you have exceeded your permitted use of the Services then we will notify you and within three (3) days thereafter you shall either: (a) disable any unpermitted use or (b) purchase additional subscriptions commensurate with your actual use.

ACCEPTABLE PAYMENT METHODS & REFUNDS

5.1 You can pay for the Services of ConfigCat by credit card, debit card or PayPal. Please note that any payment terms presented to you in connection with to your subscription (in the process of using or signing up for Services) are deemed part of this Agreement.

ConfigCat’s fees are exclusive of all taxes, and you must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes associated with your purchase of, payment for, access to or use of any Services. Taxes shall not be deducted from the payments to us, except as required by law, in which case you shall increase the amount payable as necessary so that after making all required deductions and withholdings, we receive and retain (free from any tax liability) an amount equal to the amount it would have received had no such deductions or withholdings been made.

5.2 We use third-party payment processors (the "Payment Processors") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for the use of the paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for any error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges and fees at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. However, we reserve the right to correct any errors or mistakes that the Payment Processors make even if it has already requested or received payment.

5.3. Fees stated on the Website are final. However, ConfigCat reserves the right to change any fee or price of the Services on its sole discretion. ConfigCat will provide you an advance notice about the change of any fees or prices within 15 (fifteen) days by email or through your Account. adverse

Payments are non-refundable and non-creditable and payment obligations non-cancellable. Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law.

SUSPENSION

5.4 If a Customer is past due on their balance or overused, ConfigCat may send email notifications within a fifteen (15) day period before suspending the Customer's account in addition to other rights and remedies available. Servers and provided services will be temporarily powered off during the suspension period. ConfigCat may also suspend your access to the Services if it determines that: (i) you have breached Sections 3 (Rules of Conduct); or (ii) suspension is necessary to prevent harm or liability to other users or third parties, or to preserve the security, stability, availability or integrity of the Services. ConfigCat will have no liability for taking action as permitted above.

For the avoidance of doubt, you will remain responsible for payment of fees during any suspension period under this Section. However, unless this Agreement has been terminated, ConfigCat will cooperate with you to promptly restore access to the Services once it verifies that you have resolved the condition requiring suspension.

6. Warranty Disclaimer

6.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONFIGCAT DISCLAIMS ALL WARRANTY AND REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY, COPYRIGHT OR AVAILABILITY OF THE WEBSITE OR ANY MATERIAL OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES.

6.2 THE SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION DELIVERED AS PART OF THE SERVICES, AND CONTENT ARE PROVIDED TO YOU BY CONFIGCAT ON AN "AS IS" AND "AS AVAILABLE" BASIS. CONFIGCAT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, THE WEBSITE CONTENT, NON PRODUCTION INSTANCES OR ANY SERVICES OR ITEMS OBTAIN THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CONFIGCAT NEITHER REPRESENTS NOR WARRANTS THAT CONFIGCAT TECHNOLOGY WILL BE ACCURATE, TIMELY, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS OR REQUIREMENTS. CONFIGCAT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT CUSTOMER DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS.

THE SERVICES CONTAIN INFORMATION PROVIDED BY ONE OR MORE THIRD PARTY DATA PROVIDERS. CONFIGCAT DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE INFORMATION PROVIDED BY ANY SUCH THIRD PARTY PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT NEITHER CONFIGCAT NOR ANY SUCH THIRD PARTY PROVIDER HAS ANY OBLIGATION TO CORRECT INFORMATION ABOUT YOU, EXCEPT AS REQUIRED BY APPLICABLE LAW. INFORMATION YOU REQUEST MAY NOT BE AVAILABLE OR MAY NOT BE PROVIDED, AND CONFIGCAT HAS NO LIABILITY FOR SUCH FAILURE. THE DISCLAIMERS IN THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT. ANY STATUTORILY REQUIRED WARRANTIES GRANTED UNDER APPLICABLE LAW, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW. THEREFORE, YOU AGREE THAT YOUR ACCESS TO AND USE OF OUR WEBSITE, PRODUCTS, SERVICES AND CONTENT ARE AT YOUR OWN RISK.

7. Limitation of Liability

7.1 IN NO EVENT SHALL WE, NOR OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY DISTRIBUTED DENIAL OF SERVICE ATTACK, BUGS, VIRUSES, TROJAN HORSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES WHETHER CAUSED BY TORT, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE LEGAL THEORY IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE ONE MONTH PERIOD IMMEDIATELY PRECEDING, EVEN IF CONFIGCAT HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. CONSEQUENTLY, CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST CONFIGCAT ARISING OUT OF THE PURCHASE OR USE OF THE SERVICES IN EXCESS THE FOREGOING. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.

CUSTOMER ACKNOWLEDGES AND AGREES THAT THAT THIS SECTION 7 IS A FUNDAMENTAL BASIS OF THE BARGAIN AND A REASONABLE ALLOCATION OF RISK BETWEEN THE PARTIES THAT WILL SURVIVE AND APPLY TO ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT.

IN ADDITION, YOU AGREE THAT CONFIGCAT IS NOT RESPONSIBLE FOR ANY RESULT OF YOUR EXPOSURE TO ANY DEFAMATORY, LIBELOUS, THREATENING, UNLAWFULLY HARASSING, OBSCENE OR OTHERWISE UNLAWFUL CONTENT OR DATA.

NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION 7 EXCLUDES EITHER PARTY’S LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT CAUSED BY A PARTY’S NEGLIGENCE.

Furthermore in any case ConfigCat shall be relieved of liability if able to prove that the damage occurred in consequence of circumstances unforeseen by ConfigCat and beyond his control.

8. Indemnification

8.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, JUDGEMENTS, LOSSES, COSTS AND EXPENSES, (INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER COSTS OF DEFENSE), RESULTING FROM YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF THE WEBSITE, OR ACCESS TO THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

9. Termination and Access

9.1 ConfigCat reserves the right, in our sole discretion, to terminate the Agreement with you and your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service (including but not limited to Sections 2, 3 or 5) or any law, or if you misuse system resources. Any such termination may result in the forfeiture and destruction of information associated with your Account. ConfigCat may provide prior notice of the intent to terminate Services to you if such notice will not, in ConfigCat's discretion, run counter to the intents and purposes of these Terms of Service.

Should ConfigCat or Services provided by it terminate, we shall nofify you by email or thorugh your Account 6 (six) months in advance.

Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to ConfigCat before such termination shall be immediately due and payable by Customer, including any liabilities that may have been incurred prior to termination such as ConfigCat's costs for collection (including attorneys' fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Customer by this Agreement will immediately be terminated, and Customer shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services.

Notwithstanding the termination of these Terms of Service for any reason, all provisions of these Terms of Service which by their nature should survive termination, including, without limitation, licenses of User Content, ownership provisions (Section 2), warranty disclaimers (Section 6), indemnification (Section 8) and limitation of liability (Section 7) .

10. Jurisdiction

10.1 Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of Hungary, without regard to principles of conflict of laws. The exclusive place of jurisdiction shall be the Buda Central District Court of Budapest, Hungary.

Contact Us

If you have any questions or concerns about this Terms of Service Agreement, please email us at support@configcat.com.

This document was last updated on May 29, 2020