ContentCommander Terms of Service
This document sets forth a legal agreement between you (“you” or “your”) and BoldBrick, s.r.o., with its principle place of business at Jasna II 1492/16, Praha 4, 147 00, Czech Republic (“BoldBrick” , “we”, “our” or “us”) (either of them a “Party”; collectively “Parties”). Your use of ContentCommander software-as-a-service product (“Service”) accessible through the https://www.boldbrick.com web site, or indirectly through marketplaces operated by 3rd parties such as Microsoft Office Store, is subject to this Terms of Service (“Terms of Service” or “Agreement”).
This Terms of Service was last modified on 17 December, 2014.
1. Definitions
Capitalized terms that appear below and elsewhere in this Agreement shall have the meaning that is ascribed to them.
1.1 Account: Your subscription to the Service.
1.2 Content: Any data you upload, download, post, or store in the Service, or manipulate through the means of the Service.
1.3 Downtime: a period of time when the Service is not available due to unplanned failure or planned maintenance.
1.4 End User: A person that has access to an Account within the Service.
1.5 Login: The identity of an End User under the Account. Usually represented by their login credentials, such as a Microsoft Office 365 credentials.
1.6 Reseller: is a third party that has a legal agreement with BoldBrick to resell the Service to End Users.
1.7 Seat: a unit of capacity allowing to assign a single End User as the actual user of the Service.
1.8 Seat-Day: a multiple of Seats (capacity) by a period of duration (time) used when calculating extensions of the Term when the number of Seats changes.
1.9 Service Plan: A set of features, resources, and capacity available under your Account. Service Plans may be monthly or annual subscriptions.
1.10 Term: is a period of duration for which you purchased a subscription for the Service. The Term is usually one (1) year.
1.11 Trial Period: a limited period of duration during which the Service is provided to you free of charge.
2. Acceptance of Terms of Service
2.1 You may not use the Service if you do not agree to the Terms of Service. Violation of any of the terms below will result in the termination of your Account.
2.2 BoldBrick reserves the right to update and change the Terms of Service from time to time without notice. BoldBrick may require you to provide consent to the updated Terms of Service before further use of the Service is permitted. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://www.boldbrick.com/Legal/ContentCommander-Terms-of-Service.
2.3 Certain heavy usage patterns and End User behavior may cause extensive consumption of computing and network resources by the Service. BoldBrick does not charge you for such operating costs. You agree that BoldBrick may introduce a separate Acceptable Use Policy for the Service in the future in order to mitigate excessive operating costs out of proportion with charges for the Service; we reserve the right to temporarily disable your Account if your usage significantly exceeds the average usage of other customers of the Service.
2.4 BoldBrick does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, and (iv) any errors in the Service will be corrected.
3. Ownership
3.1 Service Ownership
The Service, all its components, and related materials such as documentation, knowledge-base articles, look and feel, HTML / CSS / JavaScript code, visual elements, and web site content, are wholly owned by BoldBrick. BoldBrick develops, operates, and manages the Service.
3.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service (including but not limited to any portion of the HTML / CSS / JavaScript code), use of the Service, or access to the Service without the prior written consent of BoldBrick.
3.3 Trademarks
BoldBrick, BoldBrick logo, ContentCommander, ContentCommander logo, and all its variants are BoldBrick’s trademarks or registered trademarks. You are not permitted to use BoldBrick’s trademarks or registered trademarks or any other trademarks displayed in the Service without the prior written consent of BoldBrick or the respective rights holder. For the current list of BoldBrick’s trademarks refer to https://www.boldbrick.com/Legal/Trademarks.
4. Account Terms
4.1 You must be 15 years or older to use this Service. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
4.2 You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process or when upgrading or downgrading to another Service Plan or number of Seats.
4.3 One Login may only be used by one End User. A single Login shared by multiple people is not permitted.
4.4 Certain operations with your Account, such as changing Service Plans, changing the number of Seats, assigning Seats to End Users, reviewing billing details and history, or cancelling the Account, are available to designated End Users only. It is your sole responsibility to choose what permissions you grant to each End User.
4.5 You must use Microsoft Office 365 and a 3rd party user account, such as Office 365 credentials, to access the Service. It is your sole responsibility to maintain the security of your login credentials. BoldBrick cannot and will not be liable for any loss or damage caused by your failure to comply with this security obligation.
5. Use of the Service
5.1 Grant of Usage Right
If you comply with the terms and conditions of this Agreement, BoldBrick grants to you a non-exclusive, non-transferable, revocable right to access and use the Service. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
5.2 Subscription Term and Seats
The Service is provided on a subscription basis for a specified number of Seats. By purchasing a subscription for a given Term you are granted the right to use the Service for the duration of the subscription and by a maximum number of users equal to the number of Seats purchased at any one time.
5.3 Seats and Users
You are required to assign specific users to Seats purchased. Seats are fixed, not concurrent. You may reassign a Seat to another user providing such reassignment does not occur sooner than 90 days before the last assignment, or when the previous user stops working for you permanently. The total number of Seats purchased is enforced in the Service’s user management. BoldBrick may introduce other reasonable technical measures to enforce the rules set forth herein.
5.4 System Requirements
To use the Service your hardware and software equipment must meet certain minimum system requirements, such as operating system version, web browser make and version, and Office 365 plan or configuration. Certain components of the Service may require specific equipment, such as the Internet Explorer browser or .NET Framework installed on your computer. BoldBrick publishes the minimum system requirements on its web site. We will notify you in case we will plan to drop support of certain technologies, products, or their versions.
5.5 Office 365 and Other Connectors
The Service requires to be bound to an Office 365 subscription to work. Further, the Service may be connected to other document management systems such as another Office 365 subscriptions, on-premise SharePoint farms, local disk drives of client computers, as well as other cloud storage systems. Specific system requirements may apply in such cases.
5.6 Technical support is only provided to paying Account holders and is only available via an online helpdesk system or via email.
5.7 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, BoldBrick, or any other BoldBrick product or service.
5.8 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
5.9 You must not upload, download, post, store or manipulate through the Service any Content containing malicious code, viruses, worms or any other code of a destructive nature.
5.10 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any BoldBrick customer, employee, member, or officer will result in immediate Account termination.
5.11 We may, but have no obligation to, remove Accounts uploading, downloading, posting, storing, or manipulating Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violate any party’s intellectual property or this Agreement.
6. Copyright and Content Ownership
6.1 Content Responsibility
You are responsible for all Content uploaded, downloaded, posted, stored or manipulated through the Service and activity that occurs under your Account (even when Content is posted by others who have Logins under your Account). You understand and agree that BoldBrick cannot be responsible for the Content uploaded, downloaded, posted, stored or manipulated through the Service.
6.2 Content Ownership
The Content you upload, download, post, store or manipulate through the Service remains yours. BoldBrick shall not be held liable for loss of Content uploaded, downloaded, posted, stored or manipulated through the Service.
6.3 Content Intellectual Property
BoldBrick claims no intellectual property rights over the Content you provide to the Service.
7. Fees, Payments, Refunds, Upgrades, Downgrades
7.1 Buying the Service from a Reseller
BoldBrick preferably sells the Service through its Resellers, hence you are encouraged to choose a Reseller designated for your country. The Reseller may impose additional legal terms and conditions for the closing of the sale, including but not limited to specific payment, billing, and invoicing terms. It is your responsibility to evaluate such terms and conditions prior purchase.
7.2 Buying the Service from BoldBrick
You may choose to obtain the Service directly from BoldBrick or through an automated online marketplace, such as the Office Store operated by Microsoft Corporation, which lists the Service on behalf of BoldBrick. It is your responsibility to evaluate any applicable terms and conditions of such an automated online marketplace prior purchase.
The following applies only if you buy the Service directly from BoldBrick:
a) A valid payment card (credit or debit) is required for paying Accounts unless we agree to proceed with another payment method. BoldBrick uses Braintree Payments (https://www.braintreepayments.com/) to settle all payment card transactions.
b) For any upgrade or downgrade of Service Plan or number of Seats, your payment card that you provided will automatically be charged the new rate on your next billing cycle.
c) All fees are exclusive of any taxes, levies, or duties. You shall be responsible for payments of all taxes, levies, or duties imposed by the relevant law. If your principle place of business or residence is in the European Union, you may be charged Value Added Tax unless you provide a valid VAT ID and are lawfully eligible for a VAT-free charge.
d) You will receive an invoice for each payment. You agree that the invoice will be sent in PDF format to the email address of the End User designated as Owner. You explicitly agree that the invoice may not be digitally signed by a digital signature certificate. Should you need a copy of the invoice in the future, you can contact our technical support.
7.3 If you sign up for the Service with a Trial Period and you don’t cancel that Account within the Trial Period, you will be billed monthly starting from the first day after the Trial Period.
7.4 For monthly Service Plans, the Service is billed automatically in advance on a monthly basis. For annual Service Plans, the Service is billed automatically in advance on an annual basis.
7.5 There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
7.6 Downgrading your Service or number of Seats may cause the loss of features, or capacity of your Account. BoldBrick does not accept any liability for such loss.
7.7 Increasing the Number of Seats
You may purchase additional Seats at any time. Additional Seats may be purchased for a minimum period of duration (“Minimum Term”), such as one (1) year. To compensate for any discrepancies between the Term of your subscription and the Minimum Term, the Term will be extended (rounded up to whole days) to accommodate for the number of Seat-Days exceeding the Seat-Days covered by the additionally purchased Seats as follows:
Purchased SeatDays = Purchased Seats * Minimum Term[in days]
Upgrade SeatDays = (End of Term - Today)[in days] * Purchased Seats
Extra SeatDays = Purchased SeatDays - Upgrade SeatDays
Term[in days] = Term[in days] + [ Extra SeatDays / (Current Seats + Purchased Seats) ]
7.8 Decreasing the Number of Seats
You may decrease the number of Seats when renewing the subscription only.
8. Cancellation and Termination
8.1 Subscription Termination
We will notify you when your subscription reaches to the end of its Term. You may choose either to extend the subscription or not. Depending on the method how you purchased the subscription, it may be extended for the same Term automatically unless you instruct us or your Reseller not to do so.
8.2 You are solely responsible for properly canceling your Account. You can cancel your Account at any time within the Service’s settings. An email or phone request to cancel your Account is not considered a cancellation.
8.3 If you cancel the Service before the end of your current paid up Term, your cancellation will take effect immediately and you will not be charged again.
8.4 None of your Content will be affected upon cancellation or termination.
8.5 When a Trial Period expires and you do not provide a valid payment card number, we may terminate your Account within 30 days afterwards without notice.
8.6 We may lock your Account in case your payment card cannot be charged properly for any reason whatsoever. You may unlock your Account by providing a new valid payment card, or resolving the problem otherwise. If you fail to do so within 60 days, we may terminate your Account without notice.
9. Service Operations, Upgrades, Maintenance, Downtime
9.1 Normal Operation
BoldBrick uses reasonable efforts to make the Service available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunication links and equipment that are beyond BoldBrick’s control. BoldBrick will take reasonable steps to minimize such disruptions, to the extent within its reasonable control.
9.2 You understand that BoldBrick hosts the Service in the Microsoft Azure data center operated by Microsoft Corporation, and uses other third party vendors as well to provide necessary hardware, software, networking, storage, and related technology required to run the Service.
9.3 Planned Downtime
BoldBrick may perform a planned outage of the Service in order to install product updates, upgrades, security fixes or perform any other repairs. BoldBrick uses reasonable efforts to schedule planned outages for Saturdays or Sundays, in the GMT (Greenwich Mean Time) time zone, and with respect to time zones of its End Users. BoldBrick will use reasonable efforts to notify you via email or within the user interface of the Service of any planned downtime at least three business days in advance, unless the outage is required to perform a critical repair.
9.4 Unplanned Downtime
Unplanned downtime may occur as a result of a failure of the Data Center equipment that is within BoldBrick’s control or failure of the Service itself.
10. Privacy Policy
10.1 Separate Privacy Policy
For information about BoldBrick’s privacy protection, data protection and collection practices, refer to the ContentCommander Privacy Policy (hereinafter “Privacy Policy”) at https://www.boldbrick.com/Legal/ContentCommander-Privacy-Policy, which is incorporated herein by reference. You agree to BoldBrick’s use of your data in accordance with the Privacy Policy.
10.2 Sharing of Contact Details
If you obtained the Service from a Reseller: You agree that the Reseller shares your complete identification and contact data, including but not limited to billing details, with BoldBrick for the sake of ensuring uninterrupted service in the case of any changes in the legal agreements between BoldBrick and Reseller or Reseller’s ability to perform.
10.3 Product Updates
You agree to receive information about product updates, new versions, and changes to this Terms of Service, to the Privacy Policy, and other important notices, from BoldBrick and/or the Reseller as the case may be. You can opt-out from any mass e-mail communication at any time, or provide an opt-in / opt-out list to the Reseller and/or BoldBrick as the case may be.
10.4 Marketing
You agree to be identified as a customer of BoldBrick and that BoldBrick may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in BoldBrick’s marketing materials, on BoldBrick's web site, in public or legal documents. You hereby grant BoldBrick a right to use your name and any of your trade names and trademarks solely pursuant to this marketing section.
11. General Provisions
11.1 Governing Law
This Agreement is made under the Czech Civil Code and is governed by Czech Law. The provisions of this Agreement are severable and individually enforceable.
11.2 Limitation of Liability
You expressly understand and agree that:
a) Except for excluded claims (as defined below), a breach by a Party of its payment obligations, each Party’s total aggregate liability to the other Party under this Agreement shall not exceed One Thousand United States Dollars ($1,000).
b) Except for excluded claims (as defined below), even if the applicable Party has been advised of the possibility of such damages, in no event shall either Party be liable for indirect, consequential, special, punitive or incidental damages including, but not limited to, loss of business profits, business interruption, loss of business information, loss of revenue, loss of goodwill, loss of data, loss of anticipated savings, or inability to use the Service.
c) “Excluded claims” means losses or damages arising from fraud, gross negligence, willful misconduct, breach of confidentiality and/or data protection and privacy obligations, infringement or misappropriation by a Party of the other Party’s intellectual property rights, or unauthorized or improper use of or access to the Service provided by BoldBrick hereunder.
d) Nothing in this Agreement excludes or restricts any Party’s liability for:
d).i. in each jurisdiction where applicable, the tort of deceit;
d).ii. death or personal injury resulting from that Party’s negligence or its employees’ negligence while acting in the course of their employment; and
d).iii. any other liability which cannot be excluded or limited by applicable law.
e) Each provision of the Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or the other of those provisions is held inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of the Agreement.
11.3 The failure of BoldBrick to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
11.4 This Agreement represents the entire agreement between you and BoldBrick with respect to the subject matter hereof and accordingly the Parties exclude all non-mandatory provisions of Czech Law. This Agreement governs your use of the Service, superseding any prior agreements between you and BoldBrick (including, but not limited to, any prior versions of the Terms of Service).
11.5 Contacting us
If there are any questions regarding this Terms of Service you may contact us by sending an email to legal@boldbrick.com, or a letter addressed to BoldBrick, s.r.o., Jasna II 1492/16, Praha 4, 147 00, Czech Republic.
