Terms of Use

Last update: January 19, 2018

Introduction
These Terms of Use are entered into by and between You (“You”, “User”) and Remindee SAS (“Remindee”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms”, “Terms of Use” or “Terms and Conditions”), govern your access to and use of Remindee (as defined below), https://remindee.io (the “Website”), and any content, functionality and services offered on or through the Website (collectively, the “Service” or “Services”), including without limitation Remindee Widgets and Remindee Email Reminders, whether as a guest or a registered user.

By using the Service or by clicking to accept or agree to the Terms of Use, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.


Changes to these Terms
Remindee reserves the right to modify these Terms of Use at any time, and each such modification will be effective fifteen (15) days after posting to the Website. Your continued use of any of the Services following any such modification constitutes Your agreement to be bound by the modified Terms of Use. To stay informed of any changes, please review the most current version of these Terms of Use posted on the Website. If you do not agree to be bound by these Terms of Use, you must stop using the Services immediately. No amendment to or modification of these Terms of Use will be binding unless (i) in writing and signed by a duly authorized representative of Remindee, (ii) You accept updated terms online, or (iii) You continue to use the Services after Remindee has posted updates to these Terms and fifteen (15) days have passed since such posting of updated terms.

 
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Use, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


Eligibility
Remindee requires that any User be at least eighteen (18) years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years of age and that your use of the Services does not violate any applicable law or regulation. Your subscription may be terminated without warning, if we have reason to believe you are under eighteen (18) years of age.


Termination
Remindee reserves the right to terminate or suspend your access to the Website or discontinue the Service (including without limitation, the availability of any feature, database, or content), without any advance notice, for any reason whatsoever, including without limitation if you breach the Terms.
Remindee may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability, for any reason whatsoever, including without limitation if you breach the Terms of Use.


User rights and obligations

You agree to the following:

  1. User is required to provide Remindee assistance required to deliver Service.
  2. . Remindee has no form of relationship and no liability, expressed or implied, with the people to whom User displays the Remindee Widgets and sends Remindee Email Reminders. The User is solely liable for the content and solidity of data found in the Remindee Widgets and Email Reminders and is solely liable to anyone who views the Remindee Widgets and receives Email Reminders.
  3. User is responsible for treating, recording and administering the products found in the Remindee Widgets and Remindee Email Reminders in all cases. These Terms of Use do not imply any sort of business relationship or sales partnership.
  4. User must not post any misleading or incorrect information in any Remindee Widget or Email Reminder created using our Services.
  5. User must not publish into his Remindee widgets or Email Reminders any material that contains sexually related text, photographs or other content, or content that is defamatory, obscene, indecent, threatening, abusive or hateful.
  6. User must not include into his Remindee Widgets and Email Reminders any material, including, but not limited to text, the inclusion of which is in violation of any other party’s rights, including, but not limited to, copyrights and privacy and publicity rights.
  7. User must not remove, obstruct, modify, or cause to be unviewable, the Remindee logo/brand in any Remindee widgets or Email Reminder.
  8. User must not use Remindee Widgets or Email Reminders to advertise any competing product or service of Remindee
  9. User hereby grants Remindee a non-exclusive right and license to use User’s name and User’s trade names, trademarks, and service marks (collectively, “User’s Marks”) as provided to Remindee in connection with these Terms: (a) on Remindee’s own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing Remindee’s Services and (c) in applications reasonably necessary and ancillary to the foregoing.


Subscription
Your Remindee subscription, which may start with a free trial, will continue month-to-month, half year to half year or year-to-year unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment to use the Remindee subscription services. We will bill the monthly, semi-annual or annnual subscription fee to your Payment Method. You must cancel your subscription before it renews in order to avoid billing of the next monthly, semi-annually or annually subscription fees to your Payment Method.   

Remindee reserves the right, in its absolute discretion, to determine your free trial eligibility. 


Payments

By starting your Remindee subscription and providing or designating a Payment Method, you authorize us to charge you a monthly, semi-annually or annually subscription fee at the then current rate to your Payment Method. You acknowledge that the amount billed may vary from payment to payment for reasons that may include differing amounts due to new charges, promotional offers, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly, semi-annually or annually in one or more charges. 

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Any price changes to your service will take effect following email notice to you.   

We automatically bill your Payment Method each month or 6 months or year on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular if your Payment Method has not successfully settled.

You may edit your Payment Method information by visiting your Plan section in your Remindee account. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated.


Refunds

Payments are nonrefundable. There are no refunds or credits for partially used periods. However, following any cancellation, you will continue to have access to the service through the end of your current billing period.
We may provide a refund or discount to some or all of our members. The amount, the form and the decision to provide them, are at our sole and absolute discretion. 


Intellectual Property

The Website and all of its original content (including, but not limited to designs, text, graphics, pictures, information, the software, code, proprietary methods and systems used to provide the Website or Services) are the sole property of Remindee and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws. Unless we expressly state otherwise or as allowed by our Terms of Use, your rights do not include: (i) publicly performing or publicly displaying the Service, (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) downloading (other than page caching) of any portion of the Service or any information contained therein; (iv) reverse engineering or accessing the Service in order to build a competitive product or service; (v) using the Service other than for its intended purposes.


Feedback

In the event that you provide us any ideas, thoughts, suggested improvements or other feedback related to the Website or the Services, you agree we may use this Feedback to modify our services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true unless we have entered into a separate agreement with you that provides otherwise.


Disclaimer of warranties

You understand and agree that:

  1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Remindee expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. Remindee makes no warranty that (i) The Services will meet your requirements, (ii) The Services will be uninterrupted, timely, secure, or error-free, (iii) Any errors in the software will be corrected, (iv) The quality of any products, services, or information obtained by you through the services will meet your expectations, (v) Or that the services, its content, products and the servers on which the services, products and content are available are free of viruses or other harmful components.
  3. Any material downloaded or obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  4. No advice or information, whether oral or written, obtained by you from Remindee or through or from the Service shall create any warranty not expressly stated in the terms.
  5. Information, products and/or created by third parties that you may access on the Services or through links is not adopted or endorsed by Remindee and remains the responsibility of such third parties.

Some jurisdictions do not allow the exclusion of certain warranties. accordingly, some of the above limitations may not apply to you.


Limitation of liability
You understand and agree that with regard to the services, in no event shall Remindee or its owners, officers, directors, employees, agents, successors, subsidiaries, affiliates, distributors or third parties providing information for theservices 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 (even if Remindee has been advised of the possibility of such damages).  This paragraph shall also apply to (i) The use or the inability to use the services; (ii) The cost of procurement of substitute goods and services resulting from any goods, data, information, products or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the service; or (v) Any other matter relating to the service.

To the extent permitted by law, the total liability of Remindee for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the services during the 12 months preceding such claim.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.


Miscellaneous
You may not assign or otherwise transfer any of Your rights in these Terms of Use without Remindee prior written consent, and any such attempt is void. The relationship between Remindee and You is not one of a legal partnership relationship, but is one of independent contractors. These Terms of Use will be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.


Waiver
No waiver of any term of this Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Remindee’s failure to assert any right or provision under this Terms shall not constitute a waiver of such right or provision.


Severability
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.


Settlement of disputes
Both Remindee and User will do everything in their best power to resolve any disputes or disagreements that may arise between them regarding the framework of these Terms of Use, through direct negotiation. Parties are obliged to inform each other about any and all obstacles arising after the conclusion of the contract, specifically circumstances hindering the completion of the contract having learnt about the fact without delay.


Governing Law
This Agreement is governed in accordance with the laws of France and are subject to the jurisdiction of the courts of Paris.