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Gantter Terms of Use Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SERVICE.

BY USING THE SERVICE OR CLICKING AGREE CHECKBOX USER IS AGREEING TO BE BOUND BY THIS AGREEMENT. IF USER IS AGREEING TO THIS AGREEMENT ON BEHALF OF OR FOR THE BENEFIT OF THEIR EMPLOYER, THEN USER REPRESENTS AND WARRANTS THAT THEY HAVE THE NECESSARY AUTHORITY TO AGREE TO THIS AGREEMENT ON THEIR EMPLOYER’S BEHALF. IF YOU ARE UNDER THE AGE OF MAJORITY, YOU MUST MAKE SURE THAT YOUR PARENT OR GUARDIAN ACCEPTS THIS AGREEMENT ON YOUR BEHALF.

This agreement is between the Service provider (Gantter) – a division of Smartapp.com, Inc a Delaware corporation , and you the user (User) of the service which you can also be a buyer (Buyer) of the service are agreeing to all following terms.

Note: User and Buyer are collectively referred to as “Customer” going forward in this agreement.

If you do not agree, with this Agreement immediately stop using the Service. Access to the Service is permitted only to those that fully agree with all the terms and conditions of this Terms of Service agreement.

    1. SERVICE. This agreement provides Customer access and usage of the Gantter project management and scheduling service (Service). The Gantter service is available but not limited to the following editions;
      • Gantter Cloud,
      • Gantter for Google Drive, and
      • Gantter for G Suite.

      The Service provider reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall also be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

      You can always review the most current version of the Terms of Service at any time at https://www.gantter.com/gantter-terms-of-use-agreement/

      Violation of any of the terms will result in the termination of your Account.

      While service provider prohibits certain conduct and Content on the Service, you understand and agree that the service provider cannot be responsible for all of 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.

    2. USE OF SERVICE.
      1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
      2. Among other things the Service Provider does not represent and warrant to the Customer that:
        • the Customer’s use of the Service will meet the Customer’s requirements;
        • the Customer’s use of the Service will be uninterrupted, timely, secure or free from error;
        • any information obtained by the Customer as a result of the Customer’s use of the Service will be accurate, correct, reliable and up to date;
        • defects in the operation or functionality of the Service will be corrected.
      3. Customer Responsibilities. Customer (i) must keep its passwords secure and confidential; (ii) is solely responsible for Customer Data and all activity in its account in the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify Gantter promptly of any such unauthorized access; and (iv) may use the Service only in accordance with applicable law. Any use, reproduction, modification or distribution of the Service not expressly authorized by the terms of the Agreements is expressly prohibited.
      4. Your Login. Customer login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
      5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
      6. 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 laws).
      7. The Customer undertakes not to harass, threaten, abuse or harm the Service Provider or other users of the Service in any way.
      8. 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.
      9. You understand that service provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
      10. 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 Service Provider.
      11. 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.
      12. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
      13. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
      14. You must not transmit any worms or viruses or any code of a destructive nature.
      15. The Customer undertakes not to create, transmit, display or make otherwise available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, or hateful (incl. viruses, worms and any other destructive codes).
      16. The failure of service provider to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
      17. Customer Data. Data, content and files uploaded or entered by Customer remains the property of Customer, as between Gantter and Customer (Customer Data). Customer grants Gantter the right to use the Customer Data for purposes of performing under this agreement. During and after the term of this agreement, Gantter may use customer data for purposes of enhancing the Service, aggregated statistical analysis, technical support, and other business purposes or may use the customer company logo for marketing purposes, without any liability or fee to Customer, and even if such data or information contains any confidential information of Customer.
      18. If Customer subscribed to Gantter for Google Drive or G Suite, then Customer’s Data may be stored outside of the Service and by Google within its service. Customer may only look to Google regarding any Customer Data stored outside of the Service.
      19. Support. Gantter may provide customer support for account-related and payment-related questions, see Submit A Ticket in order to contact support.
      20. No user content or other content posted by Gantter employees, moderators or representatives on the Gantter Community Forums should be construed as official support provided by Gantter. ANY CONTENT PROVIDED OR MADE AVAILABLE ON THE GANTTER COMMUNITY FORUM BY GANTTER IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. CUSTOMER ACKNOWLEDGE THAT OPINIONS EXPRESSED IN THE GANTTER COMMUNITY FORUMS ARE THOSE OF CONTRIBUTORS AND DO NOT REFLECT THE OPINIONS OR POLICIES OF GANTTER.
    3. DISCLAIMER – NO WARRANTIES. GANTTER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. WHILE GANTTER TAKES REASONABLE PHYSICAL, TECHNICAL AND ADMINISTRATIVE MEASURES TO SECURE THE SERVICE, GANTTER DOES NOT GUARANTEE THAT THE SERVICE CANNOT BE COMPROMISED. CUSTOMER UNDERSTANDS THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
    4. PAYMENT. Customer must pay the fees specified in the applicable online or invoiced order, unless Buyer is under a free trial period. Buyer is responsible for the payment of all sales, use, withholding, VAT and other similar taxes. All fees are in U.S. Dollars and are non-refundable.
    5. CONFIDENTIALITY.
      1. Definition of Confidential Information. Confidential Information means all non-public information disclosed by Gantter to Customer, whether orally, visually or in writing (Confidential Information). Confidential Information includes without limitation the Service.
      2. Protection of Confidential Information. Customer must not disclose or use any Confidential Information for any purpose outside the scope of this agreement.
    6. GANTTER PROPERTY.
      1. Reservation of Rights. The software user interface, designs and other technologies provided by Gantter as part of the Service are the proprietary property of Gantter and its licensors, and all right, title and interest in and to such items. Gantter reserves all rights unless expressly granted in this agreement.
      2. Service Restrictions. Customer may not (i) sell, resell, rent or lease the Service or use it in a service provider capacity, except as expressly allowed by this agreement or the order; (ii) use the Service to store or transmit infringing, unsolicited marketing emails, libelous, or otherwise objectionable, unlawful or tortious material, or to store or transmit material in violation of third-party rights; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) attempt to gain unauthorized access to the Service or their related systems or networks; (v) reverse engineer the Service; or (vi) access the Service to build a competitive service or product, or copy any feature, function or graphic for competitive purposes.
      3. Use of Customer Data. During and after the term of this agreement, Gantter may use customer data for purposes of enhancing the Service, aggregated statistical analysis, technical support, and other business purposes, without any liability or fee to Customer, and even if such data or information contains any confidential information of Customer.
      4. Suggestions/Recommendations Engine – Restrictions. There is an feature within the Service called the Suggestions and Recommendation Engine, which provides Customer with recommendations or suggestions based on keywords other customers have entered. Buyer (at the account level) can ‘Opt Out’ of this feature.
        • If Buyer does not Opt Out to this feature, then Customer hereby grants Gantter a royalty free, non-exclusive, transferable license to reproduce, prepare derivative works, distribute, publicly perform and display, and otherwise use the items and fields Customer enters into the Service for purposes of the Suggestions and Recommendation Engine. If Buyer Opts Out after the initial default of Opting In, then all previous items captured by this feature will remain available to other customers within the Suggestion and Recommendations Engine.
        • Customer may not: (i) use any suggestions or recommendations for the purpose of creating or augmenting a third party’s knowledge base, database, document or software; (ii) copy any portions of the suggestions or recommendations; (iii) distribute or otherwise make the suggestions or recommendations available to any third party (except as permitted within the Service) by way of the Internet or other means; (iv) translate the suggestions or recommendations into another language; or (v) use the suggestions or recommendations to create knowledge bases which Customer or a third party uses in any way that competes with Gantter.
    7. LIMITATION OF LIABILITY. YOU AGREE THAT GANTTER’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT (WHETHER IN CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY) IS LIMITED TO THE LESSER OF (i) THE AMOUNT PAID BY BUYER TO USE THE SERVICE FOR A 3-MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY OR (ii) $100. IN NO EVENT WILL GANTTER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF DATA, RECORDS OR INFORMATION; AND LOST PROFITS, REVENUE OR ANTICIPATED COST SAVINGS), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF IT KNOWS OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
    8. INDEMNIFICATION. To the fullest extent permitted by applicable law, Customer indemnifies and holds Gantter harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: Customer’s breach of this agreement; any Customer Data; any activity in which Customer engages on or through the Service; and Customer’s violation of any law or the rights of a third party when using the Service.
    9. DISPUTE RESOLUTION.
      1. Law and Location. This agreement is governed by the laws of the State of Rhode Island in the United States of America (without regard to conflicts of law principles) for any dispute between the parties arising out of or relating to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Providence County, Rhode Island, and Customer submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction.
      2. Optional Arbitration for Claims Less than $10,000. Notwithstanding the foregoing, for any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may choose to resolve the dispute in a more cost-effective manner through binding non-appearance-based arbitration. If a party elects arbitration, they must initiate such arbitration through an established nationally recognized alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration will be conducted by telephone, online and be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (ii) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator is final and may be entered in any court of competent jurisdiction.
    10. REFUND TERMS
      1. A valid credit card is required for paying accounts.
      2. There is a free 30 day trial for all plans. No credit card required for signing up.
      3. The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial or unused months of service.
      4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities if not stated otherwise. The Customer will be responsible for payment of all such taxes, levies, or duties.
      5. For any users added or removed from your plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
      6. Removal of user accounts by Customer ma cause the loss of Content, features, or capacity of those Accounts. The service provider does not accept any liability for such loss.
    11. CANCELLATION AND TERMINATION
      1. You are solely responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Manage Subscription Settings link in Gantter.
      2. If you cancel the Service before the end of your current paid up to month, your cancellation will take effect immediately, you will continue to have access to the service through the paid up to month and you will not be charged again.
      3. You are responsible to proactively cancel your subscription even if your debit/credit card has been replaced since your last payment.
        Our third-party payment service, Stripe, offers “Smarter saved cards” which means that saved card details can continue to work even if the physical card has been replaced by the issuing bank. Stripe works with card networks and automatically attempts to update saved card details whenever a customer receives a new card. Automatic card updates require card issuers to participate with the network and provide this information. It’s widely supported in the United States, allowing Stripe to automatically update most American Express, Visa, Mastercard, and Discover cards issued there. International support varies from country to country. It’s not possible to identify which cards can be automatically updated.

         

      4. The service provider, 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 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.
      5. Gantter may suspend access to the Service in the event of nonpayment or non-compliance with any law or this agreement.
    12. OTHER TERMS.
      1. The Service provider 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.
      2. 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 website( www.gantter.com) or through the Service itself.
      3. The Service provider shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
      4. The Customer acknowledges and agrees that the form and nature of the Service may change from time to time without prior notice to the Customer due to the fact that the Service Provider is constantly innovating and improving the Service. Also, the Customer acknowledges and agrees that the Service Provider may stop (permanently or temporarily) providing the Service (or any features within the Service) to the Customer at the Service Provider’s sole discretion, without prior notice to the Customer.
      5. In case the Agreement has been translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.
      6. Entire Agreement and Changes. This agreement and the terms of any order constitute the entire agreement between the parties and supersede any prior or contemporaneous negotiations or agreements (including, but not limited to, any prior versions of the Terms of Service), whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in this agreement. No representation, promise or inducement not included in this agreement is binding. The Service provider reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall also be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.
      7. Electronic Notice. For purposes of service messages and notices about the platform Service, Gantter may place a banner notice across its pages to alert Customer of important notices or post under the Announcements section of the Gantter Forums. Alternatively, notice may consist of an email to an email address associated with Customer’s account. Customer understands that Gantter has no liability associated with Customer’s failure to maintain accurate contact or other information, including, but not limited to, Customer’s failure to receive critical information about the Service.
      8. No Assignment. Neither party may assign or transfer this agreement or an order to a third party, except that this agreement with all orders may be assigned, without the consent of the other party, as part of a merger, or sale of substantially all the assets, of a party.
      9. Enforceability and Force Majeure. If any term of this agreement is invalid or unenforceable, the other terms remain in effect. Except for the payment of monies, neither party is liable for events beyond its reasonable control, including, without limitation force majeure events.
      10. Money Damages Insufficient. Any breach by User of this Agreement or violation of the Gantter/Smartapp.com’s intellectual property rights could cause irreparable injury or harm. Smartapp.com may seek a court order to stop any breach or avoid any future breach.
      11. Survival of Terms. Any terms that by their nature survive termination of this agreement for a party to assert its rights and receive the protections of this agreement, will survive. The UN Convention on Contracts for the International Sale of Goods does not apply.
      12. Feedback. By submitting ideas, suggestions or feedback to Gantter regarding the Service, Customer agrees that such items submitted do not contain confidential or proprietary information, and Customer hereby grants Gantter an irrevocable, unlimited, royalty-free and fully-paid perpetual license to use such items for any business purpose.
      13. New promotional codes only apply to new purchases. The team discount promo codes (TEAM15 and TEAM20) only apply to new users. If you are an existing user with one or more licenses that is adding an additional 15+ or 20+ licenses to your account, then email us at info@gantter.com and we will personalize a discount for you. The promotion is valid for 12 months, unless you are subscribing through an educational institution (.edu account) or a non-profit organization (.org account).

Questions about the Terms of Service should be sent to info@gantter.com.

Rev. 03/08/2020


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