Terms and Conditions
We are constantly looking for ways to improve and expand Archmule. We may amend these terms from time to time. The amended terms shall be effective upon posting. Any use after amendment constitutes acceptance of the new terms.
These terms and conditions, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website, our mobile application or any of our applications through whatever platform (hereafter collectively referred to as the "Software"), you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy statement).
If you do not agree to these terms and conditions including our privacy statement and you are not willing to be bound by them, do not use our Services and/or promptly erase your account and any part thereof, from your mobile phone or computer and do not use it in any manner whatsoever.
The Software is owned, operated and provided by Archmule B.V. and it is provided for your personal, non-commercial use only, subject to the terms and conditions set out below.
1. Definitions and interpretation
For purposes of this Agreement, the following definitions apply:
- "we", "us", "our" and "Company" refers to Archmule B.V. and its affiliate (distribution) partners
- "Software" refers to the Mobile applications and Websites owned by Archmule B.V. and used by you.
- "Content" refers to the projects and tasks you create and associated information, text, files, data, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service and other materials, that you can also share with others.
- "you", "your", "yours" and "User (s)" refers to any user of the Software, including you and if you're using our Service on behalf of an organization or entity ("Organization"), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms, and
- "Archmule services" or "Services" refers to services rendered by Archmule, through the use of its Software, to you
2. Scope of our Service
Through the software we provide an online platform through which you can create, update, share, and publish Content such as information, data, text, messages or other materials for your own use only or in order to share with other users.
You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content only for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service.
We reserve the right to remove Content on the Service that violates our Privacy Statement or these Terms or that we otherwise reasonably believe may create liability for Archmule.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our software for any commercial or competitive activity or purpose.
Our service to the user is mainly free of charge. Unlike many other parties, we will not charge the user for our basic service.
Additional services and features may be introduced to our Services and made available to you upon payment ('Paid Services'). It is on your sole discretion to subscribe to our Paid Services and if you decide to do so you will need to pay the Archmule fees as described below. In order to pay Archmule you shall be requested to provide relevant billing data.
We provide monthly fees and annual fees. We only accept credit cards for payment of our fees in Euro.
If you select our Paid Services, you must provide current, complete and accurate billing data. You must promptly update all billing data to keep your account current, complete and accurate (such as a change in billing address, credit card number or credit card expiration date) and You must promptly notify Archmule if your payment method has changed (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your name or password. If you fail to provide any of the foregoing information, you agree that Archmule may continue charging you for any use of the Paid Services under your billing data unless you have terminated your Paid Services as set forth herein.
If you select the monthly fee, the credit card that you provide as part of the billing data will be automatically and immediately billed on the first business day of each month. You agree that Archmule may charge to your credit card all amounts due and owing for your account on that monthly basis or upon cancellation. If you select the yearly fee, the credit card that you provide as part of the billing data will be automatically and immediately billed on the day you sign up. You agree that Archmule may charge to your credit card all amounts due and owing for your Account on that yearly basis unless you cancel the account. Archmule will contact you via email to alert you upon each charge. Archmule may change prices at any time without prior notice, but will endeavor to provide reasonable advance notice via the Archmule website and/or electronic mail. You agree that in the event Archmule is unable to collect the fees owed to Archmule for your account through your subscription fee, Archmule may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Archmule in connection with such collection activity, including collection fees, court costs and attorneys' fees.
As long as your account remains active and in good standing, You will be charged the fee you selected even if you never use the service. You may, however, cancel your Paid Services at any time.
Archmule uses high ethical standards and respects your privacy. Save for disclosures required by law in any relevant jurisdiction, we will not disclose your personal information to third parties without your consent. However, we reserve the right to disclose your personal information to our affiliated (group) companies (in and outside the European Union), including our and our affiliated (group) companies’ employees and our trusted agents and representatives who have access to this information with our permission and who need to know or have access to this information to perform our service (including customer services and internal (audit/compliance) investigation) to and for the benefit of you. Please have a look at our privacy statement for further information.
5. Registration and Use of Website
You visit the Archmule webpage and application without registration, but you will only be able to view several public projects and marketing material.
You can use Archmule services only if you have registered to do so.
Only individuals who are legally entitled may register on Archmule. If you reside in a jurisdiction which restricts the use of the Archmule services because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the software and Archmule service. If you are not legally entitled and/or have had you account suspended or canceled, temporarily or permanently, you cannot register.
By registering on Archmule, you agree:
- to provide true, accurate, complete and updated information about yourself at the registration form, and update them whenever necessary. Archmule is not obligated to monitor or control the accuracy of information provided by you. If any information provided by you is not in accordance with these provisions or if Archmule has reasonable grounds to suspect that such information do not agree, Archmule has the right to refuse your registration and suspend or terminate immediately, regardless of notice, the registration of your account and refuse any and every use, present or future, of the Archmule services that require registration. In this case, you shall not be entitled to any indemnity or compensation for the refusal, suspension or cancellation of your registration.
- that you will not use Archmule: for any unlawful purpose; in any way that interrupts, damages, impairs or renders Archmule less efficient; to transfer files that contain viruses, trojans or other harmful programs; to access or attempt to access the accounts of other users or to penetrate or attempt to penetrate any security measures; to disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;
- to refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation
- and acknowledge that we have limited control over the nature and content of information and chat transmitted or received by you or other users of Archmule. Although we reserve the right to do so, we do not monitor such content in the usual course of business and will not be liable for any such content. If you have a complaint about another user please contact us via the app or website;
- to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the software or Archmule service;
- not to process or disclose to third parties, any personal data of other participants that is transferred or otherwise made known to you. This shall not apply only if the consent of the other user is obtained;
- to treat users of Archmule with respect and not to cause any damage to them;
- to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of this agreement.
- that the nickname or email (e.g. [email protected]) that you use to register on the Software shall not resemble to Archmule’s company name. Also nicknames deemed offensive may be deleted, as well as containing a URL or email address.
- that you shall not use Archmule service or software to cause nuisance, annoyance or inconvenience
- that by accessing and using the Archmule services via mobile devices, or by using certain mobile features, you may incur fees from the provider or carrier of the mobile services that you use ("Carrier") and you are solely responsible for the payment of such fees.
- to maintain and operate the technical equipment and operational procedures to access the software, such as mobile phone mode or tablet that is compatible with the software, Internet connection, among others
You are solely responsible for maintaining the confidentiality of your password chosen by you at your registration at Archmule. Archmule is not responsible for any harm resulting from disclosure of your password from yourself to third parties or use of your password by a third party to access your account. In the event of any unauthorized use of your account, you must immediately notify Archmule at [email protected].
The user may change at any time its registration information according to our Privacy Statement.
6. Prohibited Uses
Except as specifically permitted herein, without the prior written consent of Archmule you agree not to: (i) use, modify, incorporate into or with other software, or create a derivative work of any part of the software; and (ii) sell, license (or sub-license), lease, assign, transfer, pledge, or share your rights under this agreement with or to anyone else; (iii) copy, distribute or reproduce the application for the benefit of third parties; (iv) disclose the results of any benchmarking of the application, or use such results for your own competing software or services development activities; and/or (v) modify, disassemble, decompile, reverse engineer, revise or enhance the software or attempt to discover the software’s source code.
By entering into this agreement and using the software or Archmule service, to the extent permitted by law, you agree that you shall defend, indemnify and hold the company, its licensors and each such party’s parent organizations, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, shareholders, officers, directors, employees, representatives, members, attorneys, licensees, agents, or others involved in creating, sponsoring, promoting, or otherwise making available the software and its contents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including personal data, comments, and ratings) of the users as made available on our software, (iii) any (special, exemplary, direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you (including without limitation, attorneys’ fees and costs, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage), pursuant to, arising out of or in connection with the use, inability to use or delay or virus of our software and/or the server that the software is hosted, or (iv) for any (personal) injury, death, property damage, or other (special, exemplary, direct, indirect, special, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the user (its employees, directors, officers, agents, representatives or affiliated companies)(including without limitation attorneys’ fees and costs, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage), including force majeure or any other event beyond our control (v) any information on this software sometimes linked to external sites over which our services have no control and for which we assume no responsibility (vi) any user violation or breach of any term of this agreement or any applicable law or regulation, whether or not referenced herein.
8. Limitation of Liability
The company may only provide its services for you to handle accordingly. We will not assess the suitability, legality or ability of your use of the software and our services and you expressly waive and release the company from any and all liability, claims or damages arising from or in any way related to the software and our services. Responsibility for the decisions you make regarding services offered via the software (with all its implications) rests solely with you. We will not assess the suitability, legality or ability of any such users and you expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the software or Archmule service.
You agree that Archmule has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service. You acknowledge that Archmule may establish general practices and limits concerning use of the Service and may modify such practices and limits from time to time. Archmule retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.
Archmule may notify, suspend or terminate, temporarily or permanently, the account of a user at any time and take appropriate legal action if: (i) the user violates any of the representations, warranties and obligations contained in this agreement or any policies and rules adjacent to it, (ii) the user fraudulent practice or fraudulent acts, or (iii) Archmule understands, in its sole discretion, that the activities and attitudes of the user have caused or may cause some damage to third parties or Archmule.
The User shall not be entitled to any damages or compensation for the cancellation or suspension of your account on the software.
Archmule may in its sole discretion, for any reason or no reason and at any time alter and/or discontinue providing its services, with or without notice. Archmule shall not be liable for any damage or loss caused by such an alteration/ termination of the Archmule service.
You are under no obligation to use the Archmule service and may simply choose to stop using it at any time, as long as you have settled your fiscal obligations towards Archmule.
Upon termination of this Agreement or cancellation or suspension of your account, for whatever reason, the consideration payable by you to Archmule relating to services rendered to the date of such termination, cancellation or suspension shall become immediately due.
10. Intellectual Property
Any and all content, including but not limited trademarks, logos, symbols, domain names, trademarks, designs, industrial designs, images, photographs, backgrounds, icons, navigation tools, texts, among others, of the present software or related to products and goods displayed on the software are protected by copyright and intellectual property and are owned by Archmule or third parties authorized by Archmule to develop activities on the software. User agrees to respect the intellectual property rights of Archmule and others and is aware that intellectual property in this software and Archmule services can never be used in any manner and in any media without our prior written permission of their owners.
Archmule is not liable for damages suffered by a User who has copied, transferred, distributed or otherwise protected content used in this software, violating rights of third parties.
The Company hereby grants you a non-exclusive, non-transferable, right to use the software and Archmule service, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this agreement. All rights not expressly granted to you are reserved by the company and its licensees.
11. Maintenance and Support
Archmule has no obligation to provide support, maintenance, upgrades, modifications, or new releases under this agreement. However, Archmule may from time to time issue upgraded versions of the application, and may automatically electronically upgrade the version of the application that you are using on your mobile phone or on your computer. You consent to such automatic upgrading, and agree that the terms of this agreement will apply to all such upgrades.
This agreement may not be assigned by you without the prior written approval of the company but may be assigned without your consent by the company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
These terms and conditions constitute the entire understanding between user and Archmule with respect to its object, replacing any and all instruments, agreements, letters and / or contracts, oral or written agreements between the parties with respect to the subject matter described herein prior to the date of your registration as a user.
Nothing in the terms and conditions will constitute a partnership, agency relationship, franchise relationship or contract of employment between the parties.
If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions hereof. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
The failure by Archmule on demand at any time, to perform any provision of this agreement will not affect in any way the right of Archmule to enforce such provision thereafter.
The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English language version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language) or shall be sent to you upon your written request.