Terms of Service
Last updated 25/07/2022
Athenno ltd aims to provide complete transparency in our Terms & Conditions. By accessing our website, you confirm that you are in agreement with, and bound by, the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and us. The Agreement constitutes the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use or purchases.
Under no circumstances shall our team be liable for any direct, indirect, special, incidental or consequential damage, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on the site, even if our team or an authorised representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.
We will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise the resource usage policy at any moment.
If we decide to change our Terms & Conditions, we will post these changes on this page, and/or update the Terms & Conditions modification date above.
Licence
Athenno ltd grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use our service strictly in accordance with the terms of this Agreement.
These Terms & Conditions are a contract between you and Athenno ltd (referred to in these Terms & Conditions as “Athenno ltd”, “us”, “we”, or “our”), the provider of the Athenno.com website and the services accessible from the Athenno.com website (which are collectively referred to in these Terms & Conditions as the “Service”).
You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent.
If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account. You will receive 30 days’ notice before any such cancellation or blocking comes into effect, as required by the Digital Service Act(https://eur-lex.europa.eu/legal-content/en/TXT/?qid=1608117147218&uri=COM%3A2020%3A825%3AFIN) An email to the address you provided us is regarded as sufficient notice.
Amendments to this Agreement require 30 days’ notice
We reserve the right, at our 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 our 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 authorised to use our service.
We may change our Services and policies, and we may need to make changes to these Terms so that they accurately reflect our Services and policies. Unless otherwise required by law, we will notify you 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 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.
Definitions and Key Terms
For this Terms & Conditions:
- Cookie: a 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.
- Company: when this policy mentions “Company”, “we”, “us”, or “our”, it refers to Athenno ltd, 77 Lower Camden Street, Dublin, D02 XE80, that is responsible for your information under this Privacy policy.
- Country: where Athenno ltd is incorporated, in this case, Ireland.
- Customer: refers to the company, organisation, or person that signs up to use https://athenno.com Service to manage the relationships with your customers or service users.
- Device: any internet-connected device such as a phone, tablet, computer or any other device that can be used to visit https://athenno.com and use the services.
- IP address: Every device connected to the Internet is assigned a number known as an Internet protocol (IP) address. These numbers are usually assigned in geographic blocks. An IP address can often be used to identify the location from which a device is connected to the Internet.
- Personnel: refers to those individuals who are employed by Athenno ltd or are under contract to perform a service on behalf of one of the parties.
- Personal Data: any information that directly, indirectly, or in connection with other information – including a personal identification number – allows for the identification or identifiability of a natural person.
- Service: refers to the service provided by Athenno ltd as described in the relative terms(if available) and on this platform.
- Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content, or whose products and services we think may interest you.
- Website: Athenno ltd’s site, which can be accessed via this URL: https://athenno.com
- You: a person or entity that is registered with https://athenno.com to use the Services.
Restrictions
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 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 service.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of or its affiliates, partners, suppliers, or the licensors of the service.
Payment
Athenno ltd makes use of the payment platform Stripe.com to process customer payments. All operations under Stripe.com are covered by their Terms & Conditions, available here: https://stripe.com/ie/ssa
We reserve the right at any time to change our prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to the email address you have provided. Any solicitors fees, court costs, or other costs incurred in the collection of delinquent undisputed amounts shall be the responsibility of, and paid for, by you. No contract will exist between you and us for the Service until we accept your order by a confirmatory e-mail. You are responsible for any third-party fees that you may incur when using the Service.
By placing an order or making a purchase from us, you agree to these terms along with our Privacy Policy. If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.
You give us full ownership of your suggestions, and will be rewarded for any we use
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to us concerning the service shall remain our sole and exclusive property. We shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way. If you were the first to provide us said suggestion, and can show proof of this, you will receive €100 or 5% of the profits resulting from that suggestion, whichever is lesser.
We make use of Cookies, if you leave them active
We use “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to personalise the Content that you see on our website. If you disable Cookies, you may not be able to access functionality on our website correctly at all. We never place Personally Identifiable Information in Cookies.
Once you click on a third-party link, this Agreement stops applying
Our Services may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third-parties site. We strongly advise you to review the Terms & Conditions of every site you visit. We have no control over, and assume no responsibility for, the content, Terms & Conditions, or practices of any third-party sites or services.
We are a distributor and not a publisher of any third-party content on our platform; as such, we exercise no editorial control over such content and make no promise and make no warranty or representation as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through or accessible via our Service.
We have the right to change the Services, so long as we give 30 days’ notice.
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service or any service to which it connects with, and without liability to you, so long as we provide 30 days’ notice. An email to the address you provided us is regarded as sufficient notice. Similarly, you may stop using the Service at any time without prior notice to us. You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials which are contained in your account.
We may from time to time provide enhancements or improvements to the features/functionality of the 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 service. You agree that we have no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the service, and (ii) subject to the terms and conditions of this Agreement.
Term and Termination
This agreement shall remain in effect until terminated by you or us. We may, in our sole discretion, at any time and for any reason, suspend or terminate this Agreement, so long as we have provided prior notice. This Agreement will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the service and all copies thereof from your computer. Upon termination of this Agreement, you shall cease all use of the service and delete all copies of the service from your computer. Termination of this Agreement will not limit any of our rights or remedies at law or in equity in case of a breach by you (during the terms of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify us and all parties related to us.
You agree to indemnify and hold us and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable solicitors fees, due to or arising out of (a) use of the service; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
We provide no Warranties
The service is provided to you “as if” and “as available” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, we, on our own behalf and on behalf of our affiliates and our respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practise. Without limitation to the foregoing, we provide no warranty or undertaking, and make no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, websites, systems, or services, operate without interruption, meet any performance or reliability standards or be error-free, or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither we nor any provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its servers, the content, or e-mails sent from or on behalf of us are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
Any Liabilities are limited to the amount you paid for our Service
Notwithstanding any damages that you might incur, the entire liability of us and any of our suppliers under any provision of this Agreement, and your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by you for the service. To the maximum extent permitted by applicable law, in no event shall we or our suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this Agreement), even if we or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If a provision of this Agreement is held unenforceable, that affects no other provision
If any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The invalidity of such provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
No failure to fully exercise a right under this Agreement is a waiver of that right
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 power under this Agreement operate as a waiver of that right or power. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Intellectual Property
Our platform 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 us, its licensors or other providers of such material and are protected by an 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 us, unless and except as is expressly provided in these Terms & Conditions. Any unauthorised use of the material is prohibited.
You agree to 60 days of informal negotiations before any Arbitration
This section applies to any dispute not covered elsewhere in these Terms & Conditions. The term “dispute” means any dispute, action or other controversies between you and us concerning the Services or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis, “Dispute” will be given the broadest possible meaning allowable under law.
In the event of a dispute, one party 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 Linkedin to: https://linkedin.com/in/mevrael. We will send any Notice of Dispute to the email address you have provided. You and we will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, you or we may commence arbitration.
Binding Arbitration will be in accordance with the EU Arbitration Convention
If you and we don’t resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration, in accordance with the EU Arbitration Convention. Either party may seek any interim or preliminary injunctive relief from any court or competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. Any and all legal, accounting, and other costs, fees, and other expenses incurred by the prevailing party shall be borne by the non-prevailing party.
Any Feedback submitted to us is ours to use as we like.
Nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback (as defined below), without compensating or crediting Customer or the individual providing such Feedback, except to the limited extent that Section __ (Confidential Information) governs Feedback that constitutes Customer’s Confidential Information. Notwithstanding the provisions of Section __ (Confidential Information), Customer may not designate Feedback as its Confidential Information to the extent that such Feedback relates to Vendor’s products or services.
“Feedback” refers to any suggestion or idea for improving or otherwise modifying out products or services.)
Any promotions we have may have separate rules to this Agreement
We may, from time to time, have 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 on age and geographical 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 comply with all Promotion Rules.
We have the right to cancel any order where the wrong price was listed
In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographic 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 cancelled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.
Miscellaneous
We will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. Athenno ltd is legally registered in Ireland, but is a 100% remote company which operates and controls our Services from all over the world. Any data you provide is stored by Digital Ocean, and is protected by their privacy policy and by EU law. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access our Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms & Conditions (which include and incorporate our Privacy Policy) contain the entire understanding, and supersedes all prior understandings, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.
Disclaimer
Our Service and its contents are provided “as is” and “as available”. Without limiting the foregoing, we specifically disclaim all warranties and representations in any content transmitted on or in connection with our Service or on sites that may appear as links on our Service, or in the products provided as a part of, or otherwise in connection with, our 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 us or any or our affiliates, employees, officers, directors, agents, or the like will create a warranty Without limiting the foregoing, we do not warrant that our Service will be uninterrupted, uncorrupted, timely, or error-free.
Contact Us
Don’t hesitate to contact us if you have any questions, via: