Terms of Service
By using the Service ("Service"), or any services of Hydna AB ("Hydna" or "We"), you are agreeing to be bound by the following terms and conditions ("Terms of License and 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 Service.
Hydna expressly reserves the right to change these Terms of License and Service without notice. You acknowledge and agree that it is your responsibility to review these Terms of License and Service from time to time and to familiarize yourself with any modifications. Your continued use of the Service after such modifications will constitute acknowledgement of the modified Terms of License and Service and agreement to abide and be bound by the modified Terms of License and Service.
Hydna reserves the sole right to either modify or discontinue the Service, including any of the features, at any time with or without notice. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services shall also be subject to these Terms of License and Service.
Violation of any of the terms below will result in the termination of your Account.
Rights Granted, Ownership and Restrictions
Upon your registration of your Account (as further outlined under # Registration Data and Privacy), due payment (as further outlined under # Payment, Refunds, Upgrading and Downgrading Terms) and Hydna’s acceptance of such registration you have the non-exclusive, royalty based (as further outlined under # Payment, Refunds, Upgrading and Downgrading Terms), limited license right to use the Service subject to these Terms of License and Service.
Hydna retains all ownership and intellectual property rights to the Service. Hydna retains all ownership and intellectual property rights to anything developed by Hydna and used by you under these Terms of License and Service.
Registration Data and Privacy
In order to access the Service, you will be required to use an account (“Account”) and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data"), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. In addition to this you are bound by the following terms:
- You grant us the right to disclose to third parties certain Registration Data about you.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process (“Content”).
- You are responsible for maintaining the security of your Account and password. Hydna cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under the Account (even when Content is posted by others who have accounts under your Account).
- 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 or trademark laws).
Users may access their Account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Hydna, is bound by these Terms of License and Service plus the following specific terms:
- You expressly understand and agree that Hydna shall not 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 Hydna has been advised of the possibility of such damages), resulting from your use of the Service via the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to Hydna via the API may result in the temporary or permanent suspension of your Account's access to the API. Hydna, in its sole discretion, will determine abuse or excessive usage of the API. Hydna will make a reasonable attempt via email to warn the Account owner prior to suspension.
- Hydna reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- All paid plans must register a valid credit card including all required details. Free accounts are not required to provide a credit card number.
- In case of an upgrade from the free plan to any paid plan, you are required to enter a valid credit card including all required details and your credit card will immediately be charched the rate of the specific paid plan.
- The Service is billed in arrears on a monthly 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.
- 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, excluding only United States (federal or state) taxes. Hydna does not undertake any liability for your payment of such taxes, levies or duties.
- For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Hydna does not accept any liability for such loss.
- Hydna 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 Hydna Site (hydna.com) or the Service itself.
- Hydna shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Cancellation and Termination
- You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel the Account at any time by clicking on the Account Settings in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged for the following month.
- Hydna, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Hydna service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Hydna reserves the right to refuse service to anyone for any reason at any time.
Content and Conduct
- Hydna neither endorse nor assume any liability for the contents of any material submitted by third party users of the service. Hydna does not pre-screen, monitor, or edit the information submitted. However, Hydna and its agents have the right at their sole discretion to remove any content that, in their judgment, does not comply with these Terms of License and Service and any other rules of user conduct for the Service, or is otherwise harmful, objectionable, or inaccurate. Hydna is not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. Content that does not comply includes, but is not limited to: copyrighted material and content submitted by third parties.
- You shall defend Hydna against any claim, demand, suit or proceeding made or brought against Hydna by a third party alleging that your Content, or your use of the Service in violation of this Terms of License and Service, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Hydna for any damages finally awarded against, and for reasonable attorney's fees incurred by, Hydna in connection with any such claim, demand, suit or proceeding; provided, that Hydna (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Hydna of all liability); and (c) provides to you all reasonable assistance, at your expense.
- Your use of the Service is at your sole risk. the service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and is only available via email and be sent to email@example.com. Support is only available in English.
- You understand that Hydna uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- 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, Hydna, or any other Hydna service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Hydna.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Hydna customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transfered unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit unsolicited email, messages, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Hydna) of other Hydna customers, we reserve the right to immediately disable your account or throttle the service until you can reduce your bandwidth consumption.
- Hydna 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, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Hydna shall not 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 Hydna has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information 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; (v) or any other matter relating to the service.
- The failure of Hydna to exercise or enforce any right or provision of the Terms of License and Service shall not constitute a waiver of such right or provision.
- By virtue of these Terms of License and Service you or Hydna may have access to information that is confidential to one another. You and Hydna agree to disclose information that is required for the performance of obligations under these Terms of License and Service.
- The Terms of License and Service constitutes the entire agreement between you and Hydna and govern your use of the Service or any other service developed by Hydna and used by you under these Terms of License and Service and supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such Service or any other service (including, but not limited to, any prior versions of the Terms of License and Service). If any term of these Terms of License and Service is found to be invalid or unforceable, the remaining provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of these Terms of License and Service. These Terms of License and Service may not be modified and the rights and restrictions may not be altered or waived except in writing signed or accepted online through your Account at www.hydna.com by authorized representatives of you and Hydna.
- Any dispute, controversy or claim arising out of or in connection with the Terms of License and Service, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of, and venue in, the courts of Sweden, with Stockholms tingsrätt being the exclusive court of first instance.
- You agree that these Terms of License and Service and your use of the Service shall be governed by the substantive and procedual laws of Sweden.
Limitation of Liability
In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the service.
We shall - for example, but not limited to - not be liable for: network outages; power failure; damaged or otherwise unavailable hardware; problems with third party vendors and hosting partners; service unavailability.
Questions about the Terms of License and Service should be sent to firstname.lastname@example.org.