Terms of service
1. Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- To access and use the Services, you must register for a Facelet account (“Account”) by providing your store name and a valid email address, and any other information indicated as required. Facelet (Georgesoft OÜ as the owner) may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
- You acknowledge that Facelet (Georgesoft OÜ as the owner) will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. Facelet (Georgesoft OÜ as the owner) cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
- You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Facelet Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Facelet (Georgesoft OÜ as the owner) will result in an immediate termination of your services.
2. Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. General Conditions
- Technical support is only provided to paying Account holders and is only available via email.
- The Terms of Service shall be governed by and interpreted in accordance with the laws of the Republic of Estonia applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Republic of Estonia with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You acknowledge and agree that Facelet (Georgesoft OÜ as the owner) may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on Facelet website, available at https://www.facelet.com/en-us/terms-of-service.html and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to Facelet’s website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not use the Facelet service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the Republic of Estonia.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Facelet (Georgesoft OÜ as the owner).
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
4. Facelet Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any Facelet (Georgesoft OÜ as the owner) customer, Facelet (Georgesoft OÜ as the owner) employee, member, or officer will result in immediate Account termination.
- Facelet (Georgesoft OÜ as the owner) does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment.
- In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- Facelet (Georgesoft OÜ as the owner) retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Facelet (Georgesoft OÜ as the owner) reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of Liability
- You expressly understand and agree that Facelet (Georgesoft OÜ as the owner) shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event Facelet (Georgesoft OÜ as the owner) shall or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Facelet partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
- Facelet (Georgesoft OÜ as the owner) does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Facelet (Georgesoft OÜ as the owner) does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Facelet (Georgesoft OÜ as the owner) does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete Agreement
The failure of Facelet (Georgesoft OÜ as the owner) to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Facelet (Georgesoft OÜ as the owner) and govern your use of the Service, superseding any prior agreements between you and Facelet (Georgesoft OÜ as the owner) (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the Facelet service. All material you upload remains yours. You can remove your Store Content at any time by deleting your Account.
- By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Facelet (Georgesoft OÜ as the owner) to display and store your Store Content; and (c) that Facelet (Georgesoft OÜ as the owner) can, at any time, review all the Store Content submitted by you to its Service.
- You retain ownership over all Store Content that you upload to a Facelet CMS and application; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
12. Payment of Fees
- A valid credit card is required for Accounts able to process orders using a live payment gateway.
- The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- Facelet (Georgesoft OÜ as the owner) does not provide refunds.
13. Cancellation and Termination
- You may cancel your Account at anytime by emailing email@example.com and then following the specific instructions indicated to you in Facelet’s response.
- Upon termination of the Services by either party for any reason:
- Facelet (Georgesoft OÜ as the owner) will cease providing you with the Services and you will no longer be able to access your Account;
- during 60 days on User will be offered to choose of and pay for one of service plans, otherwise all content will be deleted permanently after 60 days;
- unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
- your IOS App will be taken to Facelet static splash-screen mode with no messages on it; no functionality will be available.
- If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Facelet Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Facelet (Georgesoft OÜ as the owner) may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
14. Modifications to the Service and Prices
- Prices for using the Services are subject to change upon 30 days notice from Facelet. Such notice may be provided at any time by posting the changes to the Facelet Site (https://www.facelet.com/en-us/).
- Facelet (Georgesoft OÜ as the owner) reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Facelet (Georgesoft OÜ as the owner) shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
15. Third Party Services
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Facelet’s partners or other third parties.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Facelet has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Facelet. Facelet (Georgesoft OÜ as the owner) strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates you should charge to your customers.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Facelet is not responsible for any disclosure, modification or deletion of your data or Store Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Store Content.
- Under no circumstances shall Facelet (Georgesoft OÜ as the owner) be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider.
- DMCA Notice and Takedown Procedure
Facelet (Georgesoft OÜ as the owner) supports the protection of intellectual property. It’s our policy to respond to all notices of alleged copyright infringement.