Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:
“Planhat” or “ServiceCheck” refers to our company, known as “Planhat AB”; our Site; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide through our Site, including our Customer Success Tool and our Site itself;
“Site” refers to our website, https://servicecheck.io/
“User” refers to anyone who uses our Service, including general visitors to our Site;
“You” refers to you, the person who is entering into this Agreement with Planhat.
3. WHAT SERVICECHECK OFFERS
Servicecheck.io enables you to create pages online that displays the “status” of your service. These pages are hosted by us and shows both current and historical status and uptime information of your products and services. Your end users can visit your page to see and subscribe to status notifications.
In order to use our Service, you must meet a number of conditions, including but not limited to:
- You must not be in violation of any embargoes, export controls, or other laws of the Kingdom of Sweden, European Union, or other countries or supranational bodies having jurisdiction over this Agreement, ServiceCheck, Planhat, or yourself. For example, if the use of our Service by you would be contrary to the Common Foreign Security Policy for the European Union, you must not use our Service.
- You must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
- You must not sign up on behalf of a natural person other than yourself.
- You must, if signing up on behalf of a person other than a natural person, be authorized by that person to bind it to this Agreement, and you hereby agree that you are binding both that person and yourself to this Agreement and that both that person and yourself shall be jointly and severally liable for any breaches of this Agreement.
- You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
5. NATURE OF SERVICE
Although our Service is designed to assist as a tool for improving your sales and managing your relationship with clients, our Service may not be appropriate for your particular purposes. You agree that you are solely responsible for determining whether the use of ServiceCheck is appropriate for your business, and you hereby agree to hold ServiceCheck and Planhat harmless for any loss arising from or relating to your use of our Service.
6. RULES OF USE
You must not to your knowledge:
- Violate the laws of the Kingdom of Sweden, the European Union, or any supranational body or foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
Sell anything, whether lawfully or not, that ServiceCheck and Planhat at its sole discretion determines is dangerous (such as certain or all types of weapons or drugs).
- Post or send anything, or use ServiceCheck to facilitate the distribution of, material which is violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of ServiceCheck.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the ServiceCheck Site, Service, or its Users’ computers.
- Resell our Service to anyone or otherwise redistribute it.
- Share your login information with any other individual.
- Do anything which could bring ServiceCheck or Planhat into disrepute or violate the rights of any person.
7. CONTRACTS & PAYMENT
Payment can be made by means of credit card or invoice. All prices are denominated in the currency or currencies published on our Site. You may choose to subscribe and pay on a monthly, quarterly, or annual basis. Your commitment will determine when you may cancel your subscription to the Service.
Unless otherwise stated in the Order Confirmation, your subscription to the Service will be automatically renewed at the same price if you have not cancelled the Service at least 30 days before the end of the subscription period.
Cancellations may be requested by sending an e-mail request with your account information to email@example.com
8. DATA EXPORT AND RETENTION
User data is owned by the User associated with the account containing such data. You can export all relevant data free of charge using our API. You agree that ServiceCheck may initiate a complete removal of your data when Your subscription to the Service has ended.
9. CHARGEBACKS AND CREDIT CARD CANCELLATIONS
If a payment is not successfully settled due to cancellation of a Credit Card, insufficient funds, chargeback or otherwise, You remain responsible for any amounts not remitted to ServiceCheck and ServiceCheck may, in its sole discretion, either
(i) invoice You directly for the deficient amount,
(ii) continue billing the Credit Card once it has been updated by You (if applicable) or
(iii) terminate this Agreement.
Without limiting its rights under this paragraph, ServiceCheck may, at its discretion, provide You with an opportunity to rectify your payment problem prior to taking such action.
You agree that in the event of a chargeback or failure for any reason of your credit card to be processed for payment, or failure to pay for an invoice, ServiceCheck may immediately cancel the provision of its Service to you and delete any data created by you that is in the possession of ServiceCheck. Without limiting its rights under this paragraph, ServiceCheck may, at its discretion, provide you with an opportunity to rectify your payment problem prior to taking such action.
10. SERVER DOWNTIME
ServiceCheck is offered as a Software as a Service (“SaaS”). As a SaaS, ServiceCheck’s availability is subject to a number of factors including our server availability, your Internet connection, and other issues. ServiceCheck may be unavailable for reasons relating to maintenance, business operations, security, legal compliance or other reasons. ServiceCheck will make commercially reasonable efforts to make the Service available 24 hours a day, 7 days a week but You agree to hold ServiceCheck and Planhat AB harmless for any unavailability of its Service to you, regardless of whether ServiceCheck anticipates such unavailability will occur and fails to inform you of it. Without limiting its rights under this paragraph, ServiceCheck will generally attempt to notify you of any anticipated downtime where there is not a security, legal, or business-related reason for not doing so. That said, you can always check servicechecks own availability on https://status.servicecheck.io
11. OUR COPYRIGHT
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
“ServiceCheck” is a mark used by us, Planhat AB, to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website, product or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own competing website or business.
13. REVOCATION OF CONSENT
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
14. REPRESENTATIONS & WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING YOUR CREDIT CARD COMPANY, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
ServiceCheck agrees to defend, indemnify and hold You harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from and against any claim against You by reason of your use of our Service as permitted herein, brought by a third party alleging that such Service infringes or misappropriates a third party’s valid patent, copyright or trademark.
You agree to defend, indemnify and hold harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) ServiceCheck and Planhat, including affiliates, officers and employees, for any claims by any third party which may arise from your use of the Service or relate to the provision of our Service to You, including any damages caused by your use of our Site, violation of this agreement or acceptance of the offers contained on it. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
16. CHOICE OF LAW
This Agreement shall be governed by the laws in force in the Kingdom of Sweden. The offer and acceptance of this contract are deemed to have occurred in the Kingdom of Sweden.
17. FORUM OF DISPUTE
You agree that any dispute arising from or relating to this Agreement will be heard solely by the lowest court of competent jurisdiction in relation to civil matters in the Kingdom of Sweden (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
18. FORCE MAJEURE
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, ServiceCheck (Planhat AB) shall have the sole right to elect which provision remains in force.
ServiceCheck reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
21. TERMINATION & CANCELLATION
We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever.
Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
22. ASSIGNMENT OF RIGHTS
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly and e-mail you to inform you that there has been an amendment. Your continued use of our Service shall constitute your acceptance of any such amendments.
24. CALIFORNIA USERS AND RESIDENTS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ServiceCheck must be addressed to our agent for notice and sent via certified mail to:
Planhat AB / ServiceCheck
c/o PE Accounting
Box 90 255
120 24 Stockholm
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last update: 12th of July 2019