Terms and conditions
VERSION DATE: 5 MARCH 2024
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These Terms of service (the "Agreement") is made between PCommerce E-handel AB ("We", "CradleCMS") and You as a User of our services ("You", "User"), either as a person or representative of an entity or organisation.
CradleCMS sell software related to web development and e-commerce ("Service") enabling users to publish and manage web sites and shops and conduct online/internet sales of goods and services to consumers ("Customer").
By by using our site and purchasing our products, You agree to be bound by the following terms and conditions. Website content, including software and related documentation, is protected by copyright, trademark, and/or other intellectual property laws.
PLEASE READ CAREFULLY. BY USING OUR SITE AND SERVICES, YOU ACKNOWLEDGE AND AGREE TO OUR TERMS AND CONDITIONS BELOW. YOU ARE ADVISED TO CHECK THE TERMS OF THIS SERVICE AGREEMENT FROM TIME TO TIME. THE SITE AND ASSOCIATED FUNCTIONALITIES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF THE CRADLE CMS SITE IS AT YOUR OWN RISK, AND WE CANNOT LEAVE ANY WARRANTY AS TO ITS USE OR PERFORMANCE.
1 General conditions
1.1 We reserve our right to update and change the terms and conditions of the Agreement at any time by making it available on our public site or by notifying You directly. You will be deemed to have agreed to such changes through Your continued use of the Service.
1.2 We reserve the right to modify and update the Service for any reason at any time without prior notice. We update our Service continuously with enhancements, fixes, and new functionality. Although we strive never to make changes that are not backward compatible, it's Your responsibility to ensure that Your use of the Service is compliant with any new or enhanced functionality.
1.3 You must comply with all applicable laws in connection with the Service, including laws related to data privacy, international communications, and the transmission of technical or personal data. You acknowledge that We exercise no control over the content of the information transmitted.
1.4 We reserve the right to suspend Your access to the Service at any time without prior notice if we have reason to believe that You are violating the Terms of Service or the End User Licence Agreement (EULA).
1.5 The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory. To the extent permitted under mandatory law, we shall not be liable to you or any third party for any direct damages, indirect damages or any other damages of any kind including but not limited to loss of profit, loss of income, loss of revenue, business interruption or goodwill losses arising out of or in connection with these terms or the use or inability to use or access the Services. We are not liable to you for any claims made by third parties towards you.
2 Service terms
2.1 During signup for the Service You must provide your real name and billing information.
2.2 When purchasing a product You will be charged for the Service. We provide a 14 days refund policy: A refund is possible within 14 days of the purchase contract without giving any reason and should be requested by email.
2.3 You are responsible for keeping your account passwords secure. We are not liable for any loss or damage from your failure to maintain the security of your User accounts.
2.4 You are responsible for all online activity and uploaded content related to your User account.
3 Data processing
The objective of personal data processing by Cradle CMS is for the performance of the Service. Further reading on our privacy policy page.
3.1 Your personal data
Your personal data concerns information about You or the entity which You represent and the User accounts for your personnel.
3.1.1 Cradle CMS is the Data Controller of Your personal data.
3.1.2 Your personal data is used as reasonably necessary to provide You a Service.
3.1.3 Your personal data is used for marketing and analytical purposes regarding the usage of the Service.
3.1.4 Your personal data is used for logging and auditing purposes concerning the security of the Service.
3.1.5 We will retain Your personal data during your Service subscription unless a longer retention period is required or permitted by law, for legal, tax or regulatory reasons, or other lawful purposes. When the retainment period ends We will purge Your personal data through anonymization.
3.1.6 After anonymization of Your personal data We may use it for any purposes whatsoever.
3.2 Data protection
3.2.1 Cradle CMS ensures that its personnel with access to Your personal data or your Customer personal data is limited to persons providing You services in accordance with this Agreement.
3.2.2 Cradle CMS ensures that its personnel engaged in the processing of personal data are well informed of the confidential nature of the data, have appropriate knowledge of the responsibilities and have written confidentiality agreements.
3.2.3 Cradle CMS shall implement and maintain appropriate technical and organizational measures to keep Your and your Customer data secure and protect it against unauthorized or unlawful processing and accidental loss, destruction or damage.
3.2.4 In the event of any detrimental change or security breach, Cradle CMS shall provide a notification to You with any necessary documentation or by publication on our website.
3.2.5 Personal data is stored within the European Economic Area. As part of providing the Service, this personal data may be transferred to other regions, including the United States. Such transfers will be completed in compliance with European data protection legislation.
3.2.6 You acknowledge and agree that We use data sub-processors to process personal data. Where our use of any specific sub-processor to process the personal data must comply with European data protection legislation and must be governed by a contract between Cradle CMS and Subprocessor.
3.3.9 You may at any time request for our usage of sub-processors, and We shall provide it to You.
3.4 Contact
Cradle CMS have appointed a data protection officer where data protection requirements require such appointment. The designated person may be reached at privacy@cradlecms.com.
4 Legislation
The terms of this Agreement shall be governed by and construed in accordance with Swedish laws, without regard to its conflict of law rules.
Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by the Swedish courts, with the District Court of Stockholm as the first instance, unless otherwise provided by mandatory law.
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