Who operates this website?
This website (including sub-sites and including text, images, videos, services and other information contained
in or presented on the website; all together the "website") is provided by
Appload Solutions S.L., Santa Cruz de Tenerife,
Spain ("TuCalendi" or "we"). You can contact us by email (info@tucalendi.com)
Application of these Terms of Use
These terms of use (the "Terms of Use"), together with our privacy policy apply to
any use of the website. Visitors of the website ("user" or "you") may use the website only on condition
that they accept the terms of use and read and understand the privacy policy.
Any further use of the website or any part of it means you have read and you understand the
terms of the use and the privacy policy, and agree to be bound by all parts of the terms of use.
No warranty
While we try to ensure that the information in or through the Website is accurate, we do not provide
any warranties, express or implied, in relation to its correctness, completeness, currentness, reliability,
suitability for any purpose or otherwise (including for any information provided by third parties).
We may change, add or remove information on the website and its structure and functions at any time at
our sole discretion, without specifically informing of any such change, and without removing outdated
information or characterizing it as such. We may also block users from accessing the website or parts of it,
or require certain conditions to be fulfilled for such access. We do not provide any warranties,
express or implied, in relation to the availability of the website or its functions, that the website
is free from defects, or that the website and the infrastructure on which it runs is free from viruses
and other harmful software. Moreover, we do not guarantee that information available on the website
has not been altered through technical defects or by unauthorized third parties.
Limitation of liability
We exclude our liability and that of our agents and independent contractors and our and their employees
and officers, for damages relating to your access to (or inability to access) the Website,
or to any errors or omissions, or the results obtained from the use, of the Website,
whatever the legal basis of such liability would be, except liability for damages caused willfully
or through gross negligence, and only to the extent permitted by applicable law.
Third party content, links to other websites
We do not assume any responsibility for third party content that may be available through the website,
and for content linked to the website or which are linked to from it or referred to.
We do not recommend or endorse such content, and will not have any liability relating to it.
Where we link to third party websites, you use such websites at your own risk.
We recommend reading the policies of these websites and review how these websites may process
personally identifiable data relating to you.
If you think we have illicit content on the Website, please send an email to info@tucalendi.com
Intellectual property rights
As between you and us, the website is and remains protected by copyright and/or any other intellectual property
rights (including protection granted through unfair competition law). You acquire no rights in the website,
and in any names, trade names, and distinctive signs of any nature (including trademarks) published
on the website. You may access and view the website, but not incorporate it into other websites,
and not copy, present, license, publish, download, upload, send or make it perceptible in any
other way without our prior written consent.
Amendments to the terms of use
We may amend these terms of use at any time and with immediate effect. If we make amendments,
they apply as of the date of their publication on the website. We expect you to regularly refer to
this section to make sure you are familiar with the applicable terms of use.
Any further use of the website following such amendments means you consent to the amendment.
All customers which are using our service will be informed automatically.
SaaS - Software as a Service:
This agreement provides Customer access to and usage of an Internet based software
service as specified on an order and as further outlined at: tucalendi.com (Service).
Use of Service:
- Customer Owned Data: All data and logos uploaded by customer remains the property of customer, as between TuCalendi and customer (customer data). Customer grants TuCalendi the right to use, publicly display and distribute the customer data for purposes of performing under this agreement.
- Contractor Access and Usage: Customer may allow its contractors to access the Service in compliance with the terms of this agreement, which access must be for the sole benefit of Customer. Customer is responsible for the compliance with this agreement by its contractors.
- Customer Responsibilities:
- · Customer must keep its passwords secure and confidential
- · is solely responsible for Customer Data and all activity in its account in the Service
- · must use commercially reasonable efforts to prevent unauthorized access to its account, and notify TuCalendi promptly of any such unauthorized access
- · may use the service only in accordance with the service’s knowledge base and applicable law.
- API: TuCalendi provides access to its application-programming interface (API) as part of the service. Subject to the other terms of this agreement, TuCalendi grants customer a non-exclusive, nontransferable, terminable license to interact with the API only for purposes of the service as allowed by the API.
- Customer Responsibilities:
- · Customer may not use the API in a manner that fails to comply with the API technical documentation or with any part of the API. If any of these occur, TuCalendi can suspend or terminate customer’s access to the API on a temporary or permanent basis.
- · TuCalendi may change or remove existing endpoints or fields in API results upon at least 30 days notice to the customer, but TuCalendi will use commercially reasonable efforts to support the previous version of the API for at least 6 months. TuCalendi may add new endpoints or fields in API results without prior notice to the customer.
- · TuCalendi has no liability to customer as a result of any change, temporary unavailability, suspension, or termination of access to the API.
- Publicity: Each Customer is permitted to state publicly that such customer is a customer of the service. Each customer agrees that TuCalendi may include such customer’s name and trademarks in a list of TuCalendi customers, online or in promotional materials. Each customer also agrees that TuCalendi may verbally reference such customer as a customer of the service. Each customer may opt out of the provisions in this section by contacting TuCalendi Support
Fees and payments:
The Services are available under subscription plans of various durations.
Your subscription will NOT be automatically renewed at the end of each subscription period.
Several days before the subscription ends we will inform you to renew your subscription. If you not extend your subscription before the subsription ends your account will be switched in demo mode. In case you want to change your subsription plan, please contact hte support
From time to time, we may change the price of any service or charge for use of services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any service unless you have opted for a paid subscription plan.
Restrictions on Use:
- In addition to all other terms and conditions of this Agreement, you shall not:
-
- · transfer the services or otherwise make it available to any third party
- · provide any service based on the services without prior written permission
- · use the third party links to sites without agreeing to their website terms & conditions
- · post links to third party sites or use their logo, company name, etc. without their prior written permission
- · publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity
- · use the services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of TuCalendi
- · violate any applicable local, state, national or international law
- · create a false identity to mislead any person as to the identity or origin of any communication
Spamming and illegal activities:
You agree to be solely responsible for the contents of your transmissions through the Services.
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the services if there are reasonable grounds to believe that you have used the services for any illegal or unauthorized activity.
Inactive User Accounts Policy:
We reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 120 days.
In the event of such termination, all data associated with such user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.
Data ownership:
We respect your right to ownership of content created or stored by you. You own the content created or stored by you.
Unless specifically permitted by you, your use of the services does not grant TuCalendi the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for TuCalendi’s commercial, marketing or any similar purpose. But you grant TuCalendi permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the services to you.
User Generated Content:
You may transmit or publish content created by you using any of the Services or otherwise.
However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that TuCalendi will have the right to block access to or remove such content made available by you if TuCalendi receives complaints concerning any illegality or infringement of third party rights in such content.
Disclaimer of warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. TUCALENDI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TUCALENDI MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM TUCALENDI, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Indemnification:
You agree to indemnify and hold harmless TuCalendi, its officers, directors, employees, suppliers, and affiliates,
from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the services in violation of another party's rights, in violation of any law, in violations of any provisions of the terms, or any other claim related to your use of the services, except where such use is authorized by TuCalendi.
Suspension and termination:
We may suspend your user account or temporarily disable access to whole or part of any service in the
event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@tucalendi.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request.
In addition, we reserve the right to terminate your user account and deny the Services upon reasonable belief that you have violated the terms and to terminate your access to any Beta Service in case of unexpected technical issues or discontinuation of the Beta Service. You have the right to terminate your user account if TuCalendi breaches its obligations under these terms and in such event, you will be entitled to prorated refund of any prepaid fees. termination of user account will include denial of access to all Services, deletion of information in your user account such as your email address and password and deletion of all data in your user account.
Applicable law and jurisdiction
These terms of use and any disputes arising out of or in connection with it are subject
to the substantive laws of Spain, and will be subject to the exclusive jurisdiction of the
courts at our seat, provided that we may bring actions against users for infringement of
intellectual property rights before any competent court, and subject to mandatory law.