The following terms and conditions govern all use of the Balansify website and all content, services and products available at or through the website. The Website is operated by "PQVST AB" doing business as "Balansify". The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Balansify' Privacy Policy) and procedures that may be published from time to time on this Site by Balansify (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Balansify, acceptance is expressly limited to these terms.
If you have an account on the Website, you are responsible for maintaining the security of your account (e-mail used, password or API keys) and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Balansify of any unauthorized uses of your account or any other breaches of security. Balansify will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
By using the Website, you are entirely responsible for:
Balansify has the right (though not the obligation) to, in Balansify' sole discretion (i) refuse or remove any accounts that, in Balansify' reasonable opinion, violates any Balansify policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Balansify' sole discretion. Balansify will have no obligation to provide a refund of any amounts previously paid.
Balansify can be used with any operating system (including mobile) that can run a modern browser (IE8+, Google Chrome, Safari, Firefox).
General Terms. Optional paid services are available on the Website (any such services, an "Upgrade"). By selecting an Upgrade you agree to pay Balansify the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged or credited the new prorated amount for the current payment period and the new rate will apply on your next billing cycle. Balansify reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you.
Purchase Process. Services provided by Balansify can be purchased through the "Upgrade link" that can be reached after logging in the website. The process works as:
Automatic Renewal. Unless you notify Balansify before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by contacting [email protected].
Refunds. You may terminate your subscription to the Upgrade at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods. However, any subscription fees you have paid in advance will not be refunded unless there has been 30 days or less since the payment. For payments made in the last 30 days or less, only those payments are refundable.
Upon receipt of your order, the services will be performed to you in accordance with the terms applicable to the services that you purchased. The nature of the services you purchased and the date of your purchase may impact the timing of performance of the services. The services will be deemed to be successfully delivered to you upon performance of the services.
This Agreement does not transfer from Balansify to you any Balansify or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Balansify. Balansify, the Balansify logo, and all other trademarks, service marks, graphics and logos used in connection with Balansify, or the Website are trademarks or registered trademarks of Balansify or Balansify' licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Balansify or third-party trademarks.
Balansify reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Balansify may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Balansify may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Balansify account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Website is provided "as is". Balansify and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Balansify nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will Balansify, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Balansify under this agreement during the twelve (12) month period prior to the cause of action. Balansify shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of the Website will be in strict accordance with the Balansify Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the Sweden or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless Balansify, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Balansify and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Balansify, or by the posting by Balansify of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Sweden. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Balansify may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
PQVST AB (Org.nummer 559267-2496)
c/o KIVRA: 559267-2496
106 31 Stockholm
Stockholms län