Term of Use
By using the clicknium.com web site, clicknium Visual Studio Code extension, or any product and service of Clicknium Pte. Ltd. (“we”, “us”, or “Clicknium”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Clicknium reserves the right to modify, vary and change the Terms of Use or any of its policies at its discretion. Such modifications, variations and changes to the Terms of Use or policies are effective upon the posting of an updated version or notification at clicknium.com. The continued use of the Products or Services after any such changes are made, shall constitute your agreement to such changes.
Violation of any of the terms below will result in the termination of your Account. While Clicknium prohibits such conduct and Content on the Service, you understand and agree that Clicknium cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Products and Services
Clicknium offers products and services through its Website, software and cloud platform. Certain of the Products and Services are created with third party technologies. Your access to and use of those Products and Services may be subject to separate license agreements and terms and conditions, which will be presented to you upon initial access and use. Among the Products and Services offered on the Website are:
– Clicknium Documents, designed for learning, tutorial and a selection of automation use cases.
– Clicknium developer tools, including clicknium python module and clicknium extension for Visual Studio Code for developers to build automation project.
– Clicknium Cloud, designed for managing your automation contents.
Clicknium may add, modify, or remove application programming interfaces, software development kits, widgets, and other tools, documentation, and materials from the Clicknium Properties at any time without notice to you. Your use of any Services or other aspects of the Clicknium Properties is subject to the terms of this Agreement. Unless otherwise set forth in an agreement between you and Clicknium, Clicknium will have no obligation to provide support to you in connection with your use of the Services.
Account Terms
– To obtain access to the Services, you may be required to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form, such as your name, company name, and e-mail address. If you are an employee or other authorized user of an enterprise customer (“Enterprise Customer”), then the Enterprise Customer may have to send you an invitation to join. If you are the authorized account administrator designated by an Enterprise Customer, then you may be assigned different permissions than other end users. Regardless of whether you are registering an Account under an Enterprise Customer Account or under a personal Account, when registering with Clicknium, you must: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update your registration or profile data to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality of your Account log-in information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Clicknium of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Clicknium cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
– We may allow you to access the Clicknium Properties through a third-party platform (“Third-Party Platform”) as part of the functionality of the Services, by linking your Account with your accounts on those Third-Party Platforms (“Third-Party Accounts”), as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Clicknium and/or grant Clicknium access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Clicknium to pay any fees or making Clicknium subject to any usage limitations imposed by such third-party service providers. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Clicknium Properties. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND Clicknium DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
User Conduct
– As a condition of use, you agree not to use the Services, or develop or build any Activities, Processes or Clicknium Cloud Apps, for any purpose that is prohibited by the Agreement or by applicable law. You shall not (and shall not permit any third party) either (a) take any action, (b) make available any content on or through the Site, or (c) build any Activities, Processes or Clicknium Cloud Apps that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane or otherwise violates another party’s rights; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without Clicknium’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of Clicknium; (vi) interferes with or attempt to interfere with the proper functioning of Clicknium Properties or uses Clicknium Properties in any way not expressly permitted by the Agreement, including by overburdening the servers on which the Clicknium Properties are made available; or (vii) attempts to engage in or engage in, any potentially harmful acts that are directed against Clicknium, Clicknium Properties or any users of Clicknium Properties, including but not limited to violating or attempting to violate or circumvent any security features of Clicknium Properties, using manual or automated software or other means to access, “scrape”, “crawl” or “spider” any pages contained in Clicknium Properties, introducing viruses, worms, or similar harmful code into Clicknium Properties, or interfering or attempting to interfere with use of Clicknium Properties by any other user, host or network, including by means of overloading, “flooding”, “spamming”, “mail bombing” or “crashing” Clicknium Properties.
– The Clicknium Properties are not intended, designed, or manufactured for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or air traffic control, communications systems, life support machines, or weapons systems, in which the failure of such products could lead directly to death, personal injury, or severe physical or environmental damage (collectively, “Excluded Uses”). You agree to not use the Clicknium Properties to develop any Activities, Processes or Clicknium Cloud Apps that could be used for any Excluded Uses.
Payment, Refunds, Upgrading and Downgrading Terms
– All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information.
– An upgrade from the free plan to any paying plan will immediately bill you.
– For monthly/yearly payment plans, the Service is billed in advance on a monthly/yearly basis and is non-refundable. 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.
– When changing from a monthly billing cycle to a yearly billing cycle, Clicknium will bill for a full year at the next monthly billing date.
– All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
– For any upgrade or downgrade in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. For upgrades or downgrades while on a yearly plan, Clicknium will immediately charge or refund the difference in plan cost, prorated for the remaining time in your yearly billing cycle.
– Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Clicknium does not accept any liability for such loss.
– If payment is not received within the specified payment term we may at our discretion, suspend or terminate access to the Products and/or Services. We reserve the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involve any illegal activity or in breach of the Terms of Use. You shall be responsible to resolve any dispute directly with your payment provider.
Termination
– You may deactivate and terminate your account with thirty (30) days prior notice for any reason by sending an email to support@clicknium.com or in accordance with these Terms of Use. Clicknium may terminate your account or suspend or terminate your use of the Products/Services with thirty (30) days prior notice for any reason. You agree that Clicknium is entitled to terminate these Terms of Use immediately in the event that you are in breach of these Terms of Use. We further reserve the right to delete your account and all of your information after a significant duration of inactivity after prior notice to you.
– All of your Content will be immediately deleted from the Service upon termination. This information cannot be recovered once your account is terminated. However, such information may continue to be available during the period of time taken to effect the deletion through our network or system. Further, third parties may retain saved or archived copies of your information.
– If you terminate the Service before the end of your current paid up month, your termination will take effect immediately and you will not be charged again.
– Any termination shall not require Clicknium to compensate or reimburse any costs, expenses, losses or damage incurred by you in connection with the use or termination of the Products and/or Services. We reserve the right at our sole discretion to pursue all legal remedies available to us (including without limitation removal of your Content, and termination of your access to the Products/Services) for any breach of these Terms of Use or if we are unable to verify or authenticate any information submitted to us in connection with your account or registration.
Modifications to the Service and Prices
– Clicknium reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
– Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Clicknium Site (clicknium.com) or the Service itself.
– Clicknium shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
– Clicknium and its licensors and providers (where applicable), own all right, title and interest, including all related intellectual property, proprietary and confidentiality rights, in and to the Products and the Services, including without limitation all content, materials, software, text, compilation of information, databases, images, videos, displays, audio and designs which are protected by applicable intellectual property and other laws.
– These Terms of Use do not convey to you any rights of ownership in or related to the Services or Products or any intellectual property rights owned by Clicknium and/or its licensors or providers.
– Clicknium name, logo, and certain other material on the portal constitute trade marks or other intellectual property rights of Clicknium or its licensors/providers or other parties and no right or license is granted to use them. You must not reproduce, distribute, modify, communicate to the public, download or transmit any of the material on or provided in connection with this portal except as expressly permitted by these Terms of Use.
– With written permission from you, we may use your Organization name and logo on our portal and marketing collaterals for the purpose of marketing the Product and Service. Use of your Organization name and logo in this manner will be revocable by you for any reason, at any time upon prior written notice to us.
– The look and feel of the Service is copyright © Clicknium, Pte. Ltd. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission from Clicknium.
– We respect the Intellectual Property rights of others and will respond to notices of alleged copyright infringement which comply with applicable laws and processes. We reserve the right to delete or remove content alleged to be infringing and to take action against infringers. All notices of alleged copyright infringement involving the Products or Services should be directed to: support@clicknium.com
Disclaimer of Warranties
– “As is”. You expressly agree that your use of the Products and/or Services (including any use or reliance on any information, materials or service available through the Products and/or Services) is at your sole risk. The Products and/or Services are provided on an “AS IS” and “AS AVAILABLE” basis. Clicknium expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, value and accuracy of data or timeliness. We do not warrant that the Products or any third party website or resource is free from viruses other harmful or malicious code. We do not approve or endorse and are not responsible for any material or information provided by third parties on or through the Products and/or Services.
Limitation of Liability
You understand that to the fullest extent permitted under applicable law, in no event will Clicknium (or its officers, employees, directors, parent, subsidiaries, affiliates, agents, representatives, licensors and partners) be liable for any loss of profits, revenue or business or any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of goodwill, use, data or other damages and losses whatsoever arising out of or related to your use of the Products or the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise relating in any way to the Products, Services or any information or materials on or obtained through the Service. In no event shall our total liability to you for any and all damages, losses, costs, expenses and fees exceed the amount you have paid to us. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Indemnity
You agree to indemnify, defend and hold harmless Clicknium, its officers, directors, employees, agents, representatives, subsidiaries, affiliates, licensors and partners harmless from and against any claim, actions, demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal fees (collectively, “Claims”), arising from, or alleged to arise from (i) your use of the Products or Services; (ii) any Content or material you provide to us or the Service; or (iii) any breach of these Terms or Use.
General
– This Agreement shall be governed by Japan law, and any dispute, action, claim or cause of action arising out of or in connection with the Terms of Use or this Products or the Services which cannot be resolved amicably between us shall be subject to the exclusive jurisdiction of the courts of Japan.
– If any part of these Terms of Use is held to be invalid or unenforceable, such part shall be deleted and the remaining provisions shall be enforced to the fullest extent under law.
– The failure of Clicknium to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Clicknium in writing.
– We do not warrant that the materials on the Products or the Services are appropriate or available for use in all locations. Access to the Products or the Services from territories where the materials, Products or Services are deemed unlawful or restricted is not allowed, and you do so at your own risk. International users of the Products/Services agree to comply with all local laws governing their use of the same.
– We are not responsible for any breach of these Terms of Use or inadequate performance arising from circumstances, conditions or causes beyond our reasonable control.
– These Terms of Use and any rights, access and licences granted may not be transferred to assigned by you without our written consent, but may be assigned by us without restriction.
– If you have any questions or concerns about this terms of service, please contact us per e-mail: support@clicknium.com