Terms & conditions

 

Effective Date: 21 October 2020

The following terms constitute an agreement between you and Calypsus, with registered office at 9930 Lievegem, Kleitstraat 85, Belgium, with company number BE 0697.933.806 Belgium, mail address: info@calypsus.io (“Calypsus”), owner of calypsus.io (the “Website”). This agreement governs your use of the Website.

By accessing or using the Website, you agree to be bound by the terms of this agreement (the “Agreement”).

Your account

Account registration

You must register to use the services. To register on the Website, you represent that you are of age of maturity in your country and that you are legally capable of entering into an agreement.

You will be asked to create an account, for which you agree to provide accurate and complete information. We will ask you to provide us with your name, your e-mail address and your company name. Your credit card details are required if you choose to sign up for one of our paid plans.

Confidentiality of your account information

You agree that you are solely responsible to maintain the security of, and not share with any third party, your login information. You agree to update your account information should it change. In the event of unauthorized access to your account, you agree to notify us without undue delay at info@calypsus.io.

If your account is accessed or used without your authorization, or if your account has otherwise been compromised, Calypsus will not liable for any loss or damage arising from any access to, or sharing and use of your account.

Acceptable and lawful use of Website

You agree to not use the Website in any of the following ways:

  • copy any ideas, features, functions or graphics of the Website or translate, disassemble, decompile, reverse-engineer or otherwise modify any parts of the Website.
  • using the Website to infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party;
  • using the Website to store or distribute content that is defamatory, libelous, threatening, abusive, hateful, or that otherwise promotes physical harm or injury against any group or individual or infringes applicable laws in any other way;
  • using the Website to store or distribute content that contains pornography;
    inputting malware, spyware, viruses, Trojan horses, worms, spyware, or any similar software that may damage the Website or the system or computer of other users or any other third party;
  • probing, scanning or testing the vulnerability of any system or network, including that of the Website;
  • altering, breaching or circumventing any security or authentication measures, including those of the Website;
  • without authorization, providing false identification information or pretend to be another user in order to gain access to any account, computers or networks related to the Website;
  • interfering with or disrupting the functioning of the Website using any (automatic) system, for example through denial of service attacks;
    using the Website to distribute unsolicited communications, spam or any other false or deceptive information;
  • accessing or using areas of the Website that you are not authorized to access or use;
  • the conduct of any other activity that is illegal or violates the rights of others, or the provision of instructional information about illegal activities.

Calypsus may suspend or terminate your account and access to the Website for violation of this provision. Such termination shall not require prior notice from Calypsus. Neither shall such termination create any right to claim damages from Calypsus.

Links to other websites

Calypsus may contain links to other websites that are not under the control of Calypsus. The inclusion of any link does not imply endorsement by Calypsus of such Website and Calypsus is not responsible for the content of such linked sites.

Fees and payment

You can sign up for a free 14-day trial of selected services on the Website.

In order to further use the functions of the Website, you are required to sign up for one of our paid plans, which can be billed either monthly or yearly at your convenience. When you sign up for any paid plan, you authorize Calypsus to charge the credit card identified by you all fees applicable to your chosen subscription plan. You represent and warrant that you own the credit card or that you are authorized to use the credit card.

In the event of late payment of any amount due, Calypsus shall be entitled to a compensation of 10% of the amount due (with a minimum of EUR 125.00) as well as conventional default interest at the rate equal to the Belgian Act of 2 August 2002 on the combating of late payments in commercial transactions.

Calypsus reserves the right to suspend the services as long as your payment remains due or to terminate your account without notice.

Each payment to us, including automatic payments, is final. You are not entitled to any refund if you should wish to terminate the Agreement after the execution of a payment.

Calypsus may increase fees for the Service, which will be effective at the beginning of the next subscription period renewal. Calypsus will notify you of any increase prior to it becoming effective. Such notice may be in the form of an invoice. Client acknowledges that the expiration of any discount or incentive programs to which Client was previously entitled does not constitute a fee increase.

Intellectual property

You acknowledge that Calypsus or third parties own all rights, titles and interests with respect to the Website and any software or documentation used therein, as well as all knowhow connected to the Website. This includes all rights, titles and interests in any intellectual property rights. You acknowledge that the Website has been developed, compiled, prepared, revised, selected, and arranged by Calypsus through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Calypsus. All present and future rights in and to trade secrets, patents, copyrights, trademarks, know-how, and other proprietary rights of any type, including without limitation rights in and to all applications and registrations relating to the Website shall, as between you and Calypsus, at all times be and remain the sole and exclusive property of Calypsus.

Calypsus grants to you a limited non-exclusive, non-transferable, and revocable license to use the Website subject to this Agreement. The duration of such a license is limited to the duration of the Agreement.

You agree to respect all intellectual property rights of Calypsus relating to the Website and all intellectual property rights of others in accordance with the title “Accepted and lawful use of the Website”.

Term and termination

Term of the Agreement

The Agreement shall begin on the date upon which you receive our acceptance of your order and it remains in effect for the duration of the subscription period, unless your account and subscription is terminated earlier, either by you or by us. The term will renew automatically on the last day of each subscription period for an additional time corresponding to the prior subscription period.

Termination of the Agreement

You agree that Calypsus may, with or without cause, immediately terminate your Calypsus registration or limit or terminate your access to the Website without prior notice. Without limiting the foregoing, the following may lead to a termination by Calypsus of use of the Website:

  • breaches or violations of this Agreement or other incorporated agreements or guidelines;
  • requests by law enforcement or other government agencies;
  • a request by you (self-initiated registration cancellation);
  • unexpected technical issues or problems;
  • extended periods of inactivity.

Calypsus has no obligation to maintain, store, or transfer to you information or data that you have stored on or generated using the Website.

Calypsus reserves the right to exercise sole control over the defense and settlement of any claim subject to indemnification hereunder at your expense.

Modifications to this Agreement

Calypsus reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Website. Calypsus encourages you to review this Agreement periodically for any updates or changes, which will have an update effective date. If the Website or the terms of the Agreement are modified, your continued use of the Website will constitute your acceptance of the modifications and your agreement to be bound by the modified Website or modified terms of the Agreement.

Calypsus may permanently or temporarily stop providing or may modify the Website, any feature included in the Website, or the availability of the Website on any particular device, at any time, and without notice to you.

Warranty disclaimer and limitation of liability

You agree that the use of the Website is at your sole risk. The Website and the content and services made available on the Website are provided on an “as is” and “as available” basis. Calypsus does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Website, the Website content, or any advice or services provided through the Website to the extent permitted by law. Calypsus does not warrant that access to the Website or its content or services will be uninterrupted or error-free or that defects in the Website will be corrected.

Under no circumstances shall Calypsus, its partners, contributors, agents, employees, directors, or affiliates be liable for any indirect, incidental, special, punitive or consequential damages (even if it has been advised of the possibility of such damages) due to your use of this Website or due to your reliance on any of the content contained or the services provided on the Website. This includes, but is not limited to, the loss of use or data, the loss of revenue, income or profit or any damages for business interruption, arising out of or in any way related to the Website, even if Calypsus has been advised or warned of the possibility of such damages or losses, and regardless if such damages or losses were foreseeable. Notwithstanding the foregoing, the aggregate liability of Calypsus, its affiliates, directors, officers, employees, agents, licensees and any other partner, for all claims relating to the Website shall be no more than the amounts paid by you to Calypsus for the most recent twelve-month period. The aforementioned aggregate liability shall in no event exceed the amount for which the liability of Calypsus is insured.

Calypsus does not monitor, endorse, or adopt, or have any control over any third-party web pages or content. Calypsus does not assume any liability whatsoever for the accuracy or completeness of the data or content collected from third-party services that can be connected to the user platform on the Website.

Indemnification

You agree to defend, indemnify and hold harmless Calypsus, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:

  • your use of the Website and in particular any infringement of the provisions referred to under “Acceptable and lawful use of Website”;
  • your violation of this Agreement;
  • your violation of any right of third parties, including any intellectual property rights;
  • any other violation of you against any other law;
  • any damage caused to third parties by data stored by you on the Website.

Jurisdiction and applicable law

This Agreement will be governed by Belgian law. All claims arising out of or relating to this Agreement will be exclusively litigated in the courts which hold jurisdiction over the head offices of Calypsus.

Miscellaneous

Entire agreement

This Agreement constitutes the entire and exclusive agreement between you and Calypsus with respect to the use of the Website, and supersede and replace any other agreements, terms and conditions applicable to the use of the Website.

Severability clause

If any provision or any portion of any provision of this Agreement would be held to be void or unenforceable, the remaining provisions of this Agreement and the remaining portion of any provision held void or unenforceable in part shall continue in full force and effect. You and Calypsus will negotiate with each other in good faith to replace the provision or the portion of the provision that is unenforceable or void, with a lawful provision.