Terms and Conditions
Last updated: December 18, 2018
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with https://www.skuscience.com website and SKU Science mobile application (the “Service”) operated by SKU Science SAS (“us”, “we”, or “our”) an entity incorporated under the laws of France (RCS Versailles 841 056 609).
Please read these Terms and Conditions carefully before using our website and SKU Science mobile application (the “Service”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Use Of The Service
SKU Science SAS hereby grants to you a limited, non-exclusive, non-transferable right to use the Service provided that you agree to the following:
- SKU Science SAS may, at its sole and absolute discretion, without prior notice to you and without liability, reject, prevent, discontinue or suspend your account(s) and/or your use of the Service if, at its sole discretion, SKU Science SAS is of the opinion that your use does not meet SKU Science SAS’s specifications or guidelines, or which SKU Science SAS may consider to be inappropriate, illegal or harmful to its interests. If SKU Science SAS exercises its absolute discretion under this paragraph, it shall have no liability to refund any portion of your pre-paid subscriptions, if applicable. Without limiting or waiving any right against you that SKU Science SAS may have under the law or these Terms and Conditions in relation to any inappropriate, illegal or harmful use, SKU Science SAS reserves the right to deduct any costs, damages or expenses that it may have incurred in relation to such inappropriate, illegal or harmful use from your unused pre-paid subscriptions, if any, or to claim the same from you by any other means.
- You agree to comply with any policies or guidelines that SKU Science SAS may introduce or amend from time to time. SKU Science SAS’s policies or guidelines may relate to technical specifications, privacy, acceptable content, and any other matter, as the same may be amended by SKU Science SAS, at its absolute discretion, from time to time.
- You agree that you will not provide access to or furnish any part of the Service to any third party; modify, disrupt or interfere with the Service, supporting servers, or networks either manually or through the use of scripts, viruses, or worms; reproduce, duplicate, copy, deconstruct, sell, trade or resell the Service; or excessively overload the systems that SKU Science SAS uses to provide the Service.
- SKU Science SAS may, at its sole and absolute discretion and without prior notice to you, amend, suspend, vary or withdraw the Service, these Terms and Conditions and/or its website at any time and from time to time.
- You shall be solely responsible for your use of the Service and shall indemnify SKU Science SAS for, and hold SKU Science SAS harmless from, all loss, costs, and damages incurred by SKU Science SAS in connection with any claims by third parties against SKU Science SAS in relation to your use of the Service and in connection with your breach of these Terms and Conditions or any policies or guidelines that SKU Science SAS may introduce from time to time.
- You represent and warrant to SKU Science SAS that you have the full corporate rights, power and authority to agree to these Terms and Conditions and perform the obligations agreed by you, and that doing so does not and will not violate any agreement or obligation to which you are bound, or any applicable law, rule or regulation.
- You hereby agree that SKU Science SAS may, but is not obliged to, use your name and refer to you as a user of the Service in any publicity, press release, advertising or marketing material, throughout the world and using any form of media. If you wish to use or display SKU Science SAS’s trademarks or mention SKU Science SAS in any publication, website, press release or in any other manner, you must obtain the prior written consent of SKU Science SAS.
- SKU Science SAS reserves all rights in the Service not granted to you expressly in these Terms and Conditions.
- You hereby agree to grant SKU Science SAS a worldwide, royalty-free, non-exclusive license to publish, alter, adapt, compile, host and use (a) Your Data (including, without limitation, to reproduce in a material form, publish, perform, and to make an adaptation of Your Data) for the purpose of providing you with the Service, and, (b) if SKU Science SAS provides any community forum for users of the Service to exchange user tips and publish their comments and opinions, any comments, opinions and other material you upload or publish on such a forum.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SKU Science SAS cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting SKU Science SAS customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide SKU Science SAS with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SKU Science SAS to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, SKU Science SAS will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
All sums payable by you to SKU Science may be quoted exclusive of any goods and services tax, or any other taxes that may be levied on the subscription. As such, you agree that SKU Science may charge you and/or the credit card on record for any taxes or charges that SKU Science is required by any applicable law or regulation to levy on the subscription or charges.
SKU Science SAS may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You will not be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by SKU Science SAS until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, SKU Science SAS reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
SKU Science SAS, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
SKU Science SAS will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
You or your customers, partners or associates, whichever may be applicable, are the owner of any data you upload into the Service (“ Your Data”). You are responsible for the content that you post to the Service, including its legality, reliability, and appropriateness. You hereby agree that SKU Science SAS is the owner of all data other than Your Data, including any system generated data generated by the Service or any data compiled from data imported into the Service by all users of the Service on an aggregate basis (“ SKU Science’s Data”). SKU Science SAS may use all of SKU Science’s Data in any way it chooses including to improve or adapt its services, or to create or design new products and services.
You acknowledge and agree that the nature of the Internet is international and that SKU Science SAS has your express consent to store and provide access to your personal or confidential information, and that of your users(s) and customers, in and from Europe, and to transmit and deliver such information via the Internet which may involve its transmission across multiple jurisdictions.
You represent and warrant that: (i) you own Your Data or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of Your Data on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party.
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, 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.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SKU Science SAS and its licensors. The Service is protected by copyright, trademark, and other laws of both the France and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SKU Science SAS.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by SKU Science SAS.
SKU Science SAS has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SKU Science SAS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
SKU Science SAS shall have the right to terminate its relationship with you, without prior notice, if you breach or fail to comply with any provision of these Terms and Conditions. This Agreement and your ability to use the Service shall also automatically terminate upon the expiry of your subscription.
After termination, SKU Science SAS may, at its sole discretion, maintain any data you have uploaded into its systems. However, you agree that other than any obligations expressly stated in these terms and Conditions, SKU Science SAS has no responsibility to you to maintain your user account or any of your data after termination and you shall hold SKU Science SAS harmless and free from any fees, damages, or claims you may suffer in relation to the same or any claims or actions you may have or face in relation to the same.
If termination is due to your failure to renew your subscription on a timely basis, you may reactivate your account and access your data, if renewal under such circumstances are enabled by SKU Science SAS. To do so you may have to pay any subscription fees or charges that may be imposed by SKU Science SAS, including reactivation fees (if any), within any period that may be stated by SKU Science SAS, failing which SKU Science SAS may permanently remove and delete your user account(s) and any data you have uploaded into its systems.
Limitation Of Liability
In no event shall SKU Science SAS, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
If, notwithstanding the foregoing, SKU Science SAS should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site, the Service or its content, to the full extent permitted by law, the combined aggregate liability of SKU Science SAS shall in no event exceed the value of the monthly subscription for the Service paid by you or €1.000 (one thousand euros), whichever is lower. Further, SKU Science SAS’s liability to you in contract, tort, negligence, strict liability, under statute or otherwise will be reduced to the extent, if any, to which you contributed to the loss or damage.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
SKU Science SAS its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
SKU Science SAS takes no responsibility for the security, confidentiality or privacy of the communications and/or data transmitted over the internet. In addition, SKU Science SAS shall not be liable for any compatibility issues pertaining to customers’ computers, applications or other software on any computers using the service.
These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.