For all effects of this agreement, the following definitions are acknowledged:
- Service - WeldNote App, WeldNote - Welding Software, app.weldnote.com
- Service Provider - WeldNote, Lda.
- User - Individual or corporation who acquires the Service
- Account - Each users domain
- Site - weldnote.com
A) Terms of Service
By using app.weldnote.com (“Service”), and contracting the provision of this Service the user agrees to be bound to the following terms and conditions (“Terms of Service”):
- WeldNote, Lda. reserves the right of periodically updating and changing the Terms of Service, without prior notice;
- Any new feature that improves upon or betters the current service, including new tools and features, is subject to the conditions established in the Terms of Service;
- By continuing to use the Service after any changes have been made by WeldNote, Lda., the user expresses acceptance of such changes;
- The user may access the latest version of the Terms of Service at any time at https://www.weldnote.com/terms;
- Violation of any of the conditions established in the Terms of Service enables WeldNote, Lda. to terminate the infringing user’s account;
- Although WeldNote, Lda. forbids such conduct and content on Service, the user understands and agrees that WeldNote, Lda. cannot be held accountable for the content entered upon the Service, even though he or she might be exposed to such content; 7.The user accepts and assumes all risks in using the Service.
- To be eligible to use the Service, the user must be at least 18 years old;
- To sign up for the Service, the proponent must state his or her full name and a valid email address, as well as any other information requested by the service provider;
- Login to the Account is meant for a single user – login sharing by several people is forbidden. The user can create separate logins for as many users as his or her plan allows;
- The user is fully responsible for keeping his or her account and password safe and confidential. WeldNote, Lda. can’t and won’t be held accountable for the abuse of the service, nor for any loss or damage in the aftermath of user infringement or failure to ensure this security obligation;
- The user is responsible for any content inserted and for all activity that occurs in his or her account (even when such content is inserted by other users who have accessed the account). By submitting or publishing content in the public areas of the Service, the user declares to be its owner, exempting WeldNote, Lda. of any and all responsibilities, monetary or otherwise, inherent to the management or issuance of any document.
- The user assumes all risks and costs inherent to the use of the Service while granting WeldNote, Lda. the power to issue documents out of its own accord;
- One individual or corporation can hold only one free account;
- The user cannot employ the Service for illegal/criminal, fraudulent or unauthorized purposes. The User cannot, while using the Service, violate any law of any jurisdiction (including, but not limited to, copyright law).
- The user understands and agrees that WeldNote, Lda. cannot be held accountable for, not even for mere negligence, for any direct, indirect, special, consequential or exemplary damage, including but not limited to: damage for loss of profit, good faith, misuse, data or other intangible losses (even if WeldNote, Lda. was warned of the possibility of such losses), resulting of their using the site or third party products they access through the Site;
- WeldNote, Lda. reserves the right to change or discontinue, on either a temporary or a permanent basis, access to the website (or any part of it) at any time, with or without prior notice.
- In the event of permanent discontinuation of the Service, WeldNote, Lda. will inform the user of the fact with a notice, 30 (thirty) days before the date in which the aforementioned termination will occur.
D) Payment, Refunds, Upgrading and Downgrading Terms
- Account and service payment should preferably be made via Bank Transfer or Credit Card.
- If the user signs up for and acquires the service based on a payment plan and he or she fails to cancel the account at the end of 30 days, billing for the service will be issued annually beginning on the 30th (thirtieth) day after the account was initially created.
- If during the trial period the user asks for or chooses a Service Upgrade, the free trial period will automatically end, and the Service will be billed in the month following the update.
- The Service is billed for in advance, according to the interval contracted or the pre-paid plan chosen and it is not, in any case, refundable. There will be no refund or credit for partial service months, restitutions for upgrade/downgrade or refunds for months when an open account was not used. Based on the principle of equality, no exceptions will be taken into consideration.
- The user is responsible for paying any charges, taxes or tributary or lawful obligations for the use of the Service.
- The agreed price does not include any charges, taxes or obligations imposed by the tax authorities.
- If the user chooses or wishes to upgrade his or her account plan, payment for that service will be demandable immediately and automatically. Payment will be due on the following billing period and can be charged by WeldNote, Lda. through credit card or other means, if the user has provided that information when hiring the service or in the course of its use.
- Service price for an account can’t be reduced and is not subject to renegotiation with WeldNote, Lda..
E) Termination and Cancellation
- The user is the sole responsible for adequately canceling his or her account. Canceling can be completed at any time through the Service’s website. The account screen provides a simple cancellation link. Sending an email or calling to ask for the account to be cancelled is not considered adequate procedure for this end and does not indicate account cancellation.
- After the user has canceled the Service, account content will be automatically deleted and the information and content saved/stored/kept can’t be recovered, therefore WeldNote, Lda. strongly advises the User to create a security or backup archive.
- If the Service is canceled before the end of a month whose payment has already been made, the cancelation will be effective immediately and that month’s service won’t be charged again.
- WeldNote, Lda. reserves the right of refusing to provide the Service to any individual or company for any reason, at any given moment.
F) Changes to Service and Prices
- WeldNote, Lda. reserves the right, periodically and at any given moment, to change or discontinue the Service (or any part of it), on either a temporary or permanent basis, without prior notice or with 30 consecutive days prior notice in the event of permanent discontinuation.
- WeldNote, Lda. can discontinue the Service or part of it, whenever it identifies the need to perform changes or corrections. The user expressly accepts that WeldNote, Lda. provides such corrections as part of the Service and the possible flaws inherent to them.
- As part of the service, WeldNote, Lda. can also produce temporary discontinuities and changes and to the Service, subsequent to the correction of software issues, perfecting features, general improvements or even fully new versions of the service, aimed at improving its provision, thus intended at maximal user satisfaction and benefit. WeldNote, Lda. will not be held accountable to the User or any third parties for any damages that may result or be the outcome of a termination or suspension of the account and/or user access to the Service.
- All Service prices, including but not limited to the monthly fee for the Service’s charge rate, are subject to changes pending a prior 30-day notice. That notice can be given at any time through the publishing of the changes on the WeldNote’s website (www.weldnote.com) or on the Service itself.
- Neither the user nor any third parties can hold WeldNote, Lda. accountable contractually, extra- contractually, criminally or in any other form for any changes or alterations to prices, or the suspension or termination of the Service.
G) Copyright and content propriety
- All Service Rights are reserved to WeldNote, Lda.. The user accepts that the Service contains protected and confidential information that is ruled by the applicable legislation.
- The user cannot duplicate, copy, reproduce, redistribute, reuse or transform any part of the Website, Service or Account, with visual or design element or concepts, total or partially, for free or for a charge, without explicit written consent by WeldNote, Lda., at the risk of incurring in civil or criminal charges.
- WeldNote, Lda. doesn’t claim any intellectual propriety right upon content, material or profile that the user might enter into the Service.
H) General conditions
- The user assumes his or her own risk while using the Service. Service is provided “as is” and “as available”.
- Tech support is provided by email to users and holders of paid accounts who are not behind or in default on payments.
- WeldNote, Lda. uses partners for hosting and suppliers to provide for hardware, software, networks, storage and related technologies needed to run the site.
- The user can’t modify or adapt the Service’s Website.
- The user can’t use the image, contents and information of the Service’s Website, not even to modify another site, so as to falsely imply that it is associated with WeldNote’s website, or with any other service provided by WeldNote, Lda..
- The user can’t duplicate, copy, reproduce, redistribute, sell, resell or explore any portion of the Website, Website use, or Website access without explicit written consent by WeldNote, Lda., at the risk of incurring in civil or criminal charges.
- The user mustn’t upload, insert, host or transmit emails, text messages or unsolicited “spam” messages.
- The service is provided online; therefore WeldNote, Lda. can’t be held accountable for any connectivity flaws and subsequent impossibility use.
- The user must take preemptive measures to ensure his or her security, so as to avoid transmitting any viruses or worms or any code that is destructive in nature.
- WeldNote, Lda. doesn’t guarantee that (i) the Service will satisfy a given user’s particular needs, (ii) the service will be continuous, timely, safe or error free, (iii) the results that can be obtained by using the service will be exact or reliable, (iv) the quality of products, services information or other material bought or acquired by the user through the Service will meet his or her expectations, and (v) any mistakes on the service will be corrected.
- The user explicitly understands and agrees that WeldNote, Lda. can’t be held accountable for any direct, indirect, accidental, special, consequential or exemplary damages, including but not limited to: damages for loss of profit, good faith, misuse, data or other intangible losses (even if WeldNote, Lda. was warned of the possibility of such losses), resulting of: (i) the use or the inability to use the service, (ii) the cost of acquiring replacement goods and services as a result of any goods, data, information or services acquired or obtained, or messages received or operations contracted through the service, (iii) unauthorized access or changes to your data transmissions, (iv) declarations or conduct by third parties upon the Service, (v) or any other questions regarding the Service.
- Any doubts or questions about the Terms of Service should be directed to the Support team at support[at]weldnote.com.