TERMS & CONDITIONS
We invite you to use this Website and associated services and associated services, for your individual purposes and not for the purposes of reselling.
Subject to these Terms, we grant you a limited, personal, non-exclusive and non-transferable license to use a limited, personal, non-exclusive and non-transferable right to access and use the Website and associated services following the set-up of a Free Account or Paid Account as set forth below.
You have no other rights in the Website and associated services and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any portion of the Website and associated services in any manner. If you make copies of any portion of this Website and associated services and associated services while engaging in Permitted Purposes then we ask that you be sure to keep on these copies all of our copyright and other proprietary notices as they appear on this Website and associated services and associated services.
Subject to these Terms, we also grant you a limited, personal, non-exclusive, non-transferable license to download, install and operate any plug-ins, software, information, or other content that we may have specifically identified within the Website and associated services as available for download solely in connection with accessing the Website and associated services, including, but not limited to, relevant browser extensions. Such Tools are also subject to the additional terms provided to you upon download, including without limitation our End User License Agreement.
Our Website and associated services is not intended for and may not be used by individuals under 18 years of age. By registering for an account, you state that you are at least 18 years of age, and you are responsible for ensuring that all users are at least 18 years old. Creating an account with false information is a violation of our Terms, including creating an account on behalf of others or persons under the age of 18.
To use the Website and associated services, you need to set up an account. You may establish either a free account ("Free Account") or a paid account ("Paid Account"). You are authorized to set up one Free Account only. OpenIAP reserves the right to terminate any additional Free Accounts set up by you and any Free Accounts that have been inactive for over 3 months.
When you create an account, we collect registration-related information, which includes your email address and your name. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration.
For so long as you use the account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Website and associated services, whether directly or through any account that you may set up through or on this Website and associated services. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Website and associated services as well as paying related charges. You agree to choose a strong and secure password(s) and maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access this Website and associated services. Should you believe your password or security for this Website and associated services has been breached in any way, you must immediately notify us at firstname.lastname@example.org.
Your account belongs to you. However, OpenIAP controls the URL(s) assigned to your account and may change or deactivate the URL(s) without prior notice. If your account is paid for by another party for you to use (for example, paid and managed by your employer), the party paying for your account has the right to control it, manage it, and get reports on your use of the Paid Account. The party paying for your account does not have rights nor access to your separate, personal account(s) that are not paid for nor managed by that party.
SUBSCRIPTION PERIOD AND SUBSCRIPTION FEES
We do not disclose any kind of non‐public personal information about our Investors or former Investors to anyone, except when we believe it necessary for the conduct of our business, or where disclosure is required by law. Except in those specific, limited situations, without your consent, we will not make any disclosures of non‐public personal information to other companies who may want to sell their products or services to you.
WHAT WE DO WITH THE INFORMATION WE GATHER
You agree to pay all applicable fees related to your use of this Website and associated services which are described fully on our pricing page. By providing a payment method, you expressly authorize us to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals, all of which depend on your particular subscription and utilized services.
The subscription period for Paid Accounts can be month-to-month, yearly, or another duration described more fully on our pricing page.
Paid Accounts are subject to fees based upon the account type you've selected. For renewals, OpenIAP will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that OpenIAP will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information.
BY CREATING A PAID ACCOUNT, YOU CONSENT TO ALLOW OPENIAP TO CHARGE YOUR PAYMENT METHOD, EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED. PLEASE PRINT OUT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
Paid Accounts will automatically renew for the same subscription period unless you cancel the account by the end of
the then-current subscription period. You can cancel your account at any time by contacting customer service at email@example.com.
Cancellation will be effective immediately. Please note that after you cancel your account, you may not be able to use or access
the Website and associated services and you will not be entitled to a refund of any fees that you've paid.
If you cancel a support plan or a premium license, you will be responsible for paying until the end of the month. After your support plan/license ends, you'll only get cumminity support. Suppose you enable Basic support/premium license in the future. In that case, we will retroactively charge you for support/license from the date a non- support plan/license was last active (up to 90 days in the past).
All prices are exclusive of VAT, fees, and any other taxes, customs and tolls.
All price will be regulated upwards each year on 1 January, by 3% or the Consumer Price Index (CPI) as reported by Danish Statistics (dst) with ever is the highest.
Fair usageOpenIAP monitors each user and customers usage of our website and cloud offerings. If we find that a user or customer is using our cloud offerings in a way that is not in accordance with the terms of service, we reserve the right to terminate the offending user or customer. We will not refund any fees paid by the offending user or customer. This includes using the system in a wait that puts an disproportionate load on our systems, or using our systems for illegal purposes.
NOTICES AND MESSAGE
By using the Website and associated services, you consent to receive emails from us. These emails may include notices about applicable fees and charges, transactional information and other information concerning or related to this Website and associated services. These emails are part of your relationship with us.
You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. You agree to keep your contact information up to date, and to monitor your email settings to ensure that you receive emails from us at your discretion and as necessary.
Is defined as Danish business hours, monday to friday from 9am to 5pm, not including official holidays.
All services only include billing support, all other requests must be channeled through our support mail and are not guaranteed to be answered or your issues to be solved. You can sign up for a support agreement, for a fixed month fee that;
- Grants you the right to contact us for support per mail.
- Guarantee you a reply and that we will offer support on software under OpenIAP's IP, and best effort support on 3rd third-party services and applications.
- You will be charged monthly for the time used on support, according to the selected support plan.
Customers that buy an enterprise license also gains the right too 1 (one) openflow enterprise license, that opens up for usage of special enterprise features, when deployed in the customers infrastructure or when you buy an OpenIAP hosted version of OpenFlow. A license may only be used once, for one single running instance of OpenFlow. Additionel licenses can be bought for multiple instances.
OpenIAP reserves the right to remove the bundled enterprise license at any time, with a 6 month warning.
Licenses issued will have an expiration date longer than the 1 month payment cycle, there for, at the time of termination or downgrade of a contract, you must uninstall all licenses that you are no longer eligible to use.
THE Website and associated services AND ALL CONTENT ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY OF DATA, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE Website and associated services IS FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Website and associated services will meet your requirements or will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We make no warranty as to the results that may be obtained or as to the accuracy or reliability of any information obtained through the Website and associated services. No advice or information, whether oral or written, obtained by you through the Website and associated services or from us or our subsidiaries/other affiliated companies will create any warranty. We disclaim all equitable indemnities.
LIMITATION OF LIABILITY
OpenIAP Aps is not responsible for consequential damages and indirect losses as well as incompatibilities in relation to software provided by others than OpenIAP Aps. Likewise, OpenIAP Aps is not responsible for errors in software developed by third parties, sold or delivered through OpenIAP Aps.
OpenIAP Aps cannot be held responsible for any indirect losses caused by a delay, including operational losses, loss of profit and other consequential financial losses.
OPENIAP WILL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE Website and associated services OR YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO
FROM THE Website and associated services. IN NO EVENT WILL OPENIAP BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, OPPORTUNITIES, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE.
OPENIAP'S MAXIMUM AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THESE TERMS OR THE Website and associated services, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO OPENIAP IN CONNECTION WITH THESE TERMS IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $10.00.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND OPENIAP AND SHALL APPLY TO ALL CLAIMS OF LIABILITY, EVEN IF OPENIAP HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Domains include, but is not limited to,
RIGHT TO CHANGE TERMS AND CONDITIONS
OpenIAP reserves the right, at its sole discretion, to update, revise, supplement, replace or otherwise change all or any of the terms and conditions of this Agreement without specific or express notice to the Customer. Such updates, revisions, supplements, replacements or other changes will, unless specified otherwise by the terms, be effective immediately upon the modified Agreement or notice of the changes being implemented
We are not responsible for delays or failure to meet our obligations in relation to the Terms, if the delay or the non-compliance is due to events beyond our control.
TRANSFER OF CONTRACT
The customer shall not transfer any right and obligation stipulated in the contract/terms to the third party Any transfer without written consent of shall be null and void.
CHOICE OF LAW AND JURISDICTION
Any disagreement regarding the interpretation of these terms and conditions of sale will be settled by the court in Randers according to Danish law.
COLLECTION OF TELEMETRY INFORMATION
All OpenIAP applications will collect and send telemetry information to OpenIAP, for more information on what is collected and how to opt out, see telemetry
STANDARD SUPPORT RESPONSE TIME GOALS
|Severity||Impact||Response Time Goal|
|1||General product questions relating to usage, development, installation, feature issues, or Documentation.||Community driven, usage, development, installation, with occasionally support from OpenIAP|
|2||Support on third-party modules/software||Community driven, usage, development, installation, with occasionally support from OpenIAP|
BASIC SUPPORT RESPONSE TIME GOALS
|Severity||Impact||Response Time Goal|
|1||General product questions relating to usage, development, installation, feature issues, or Documentation.||1-2 business day|
|2||In case of critical bugs or downtime||1 business day|
|3||Support on third-party modules/software||Community driven, usage, development, installation, with occasionally support from OpenIAP|
PREMIUM LICENSE (SUPPORT) RESPONSE TIME GOALS
|Severity||Impact||Response Time Goal|
|1||General product questions relating to usage, development, installation, feature issues, or Documentation.||4-8 business hours|
|2||In case of critical bugs or downtime||0-8 business hours|
|3||Support on third-party modules/software||Best effort support within 4-16 business hours|