The following terms and conditions govern all use of the annelite.com websites and all content, services, and products available at or through these websites (“Services”). The Service is owned and operated by Annelite LLC (“Annelite”). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Annelite Privacy Policy) and procedures that may be published from time to time on this site by Annelite (collectively, the “Agreement”). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES, AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Services. If these terms and conditions are considered an offer by Annelite, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old. Annelite reserves the right to change the Agreement without notice. Any new features that enhance the current Service, shall be subject to the Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Agreement at any time at http://www.annelite.com/tos
Account terms
To use the Service, you must create a Annelite account (“Account”).
1. To create an Account, you may be required to provide information such as your legal name, email address, business name, address, phone number and credit card.
2. You are responsible for ensuring that any Account information provided is accurate and up to date. Annelite is not responsible for ensuring that communications reach you.
3. You are responsible for creating a secure password and protecting the Account from unauthorized access. Annelite does not have access to your passwords. You must immediately notify Annelite of any unauthorized uses of your Account or any other breaches of security.
4. Annelite will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
5. Your 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 persons as your Account plan allows.
6. You may not use your Account for any illegal or unauthorized purpose. You must not, in the use of the Account, violate any laws in your jurisdiction.
7. Accounts created by automated methods are now allowed.
Content terms
If you store or transmit material on, to or from the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, files or computer software. By storing or transmitting Content by means of Service, you represent and warrant that:
1. The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
2. If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
3. you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
4. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
5. the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
6. the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
7. your Account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods.
By storing or transmitting Content to Annelite for inclusion on Service, you grant Annelite a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of providing the Service to you. If you delete Content, Annelite will use reasonable efforts to remove it from the Service, but you acknowledge that caching or backup copies of the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Annelite has the right (though not the obligation) to, in Annelite’s sole discretion (i) refuse or remove any Content that, in Annelite’s reasonable opinion, violates any Annelite policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Annelite’s sole discretion. Annelite will have no obligation to provide a refund of any amounts previously paid.
Payments, refunds, upgrades, and downgrades
All paying Accounts must provide a valid credit card. Free and trial Accounts are not required to provide a credit card.
1. During the upgrade from the free or trial plan to any paying plan, your credit card will be immediately charged.
2. During an upgrade in plan level, your credit card will be immediately charged the amount prorated to your next billing date.
3. The Service is automatically billed for in advance for the next billing cycle and is non-refundable. There will be no refunds or credits for partial months of Service, upgrade, downgrade or periods of time unused with an open Account. In order to treat everyone equally, no exceptions will be made.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
5. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Annelite does not accept any liability for such loss.
6. In the event we are unable to bill your credit card for the next billing cycle, and your Account becomes more than 14 days past due, your Account will be canceled in accordance with this Agreement. It is your responsibility to ensure that your credit card is valid and has sufficient funds.
Cancellation and termination
1. You are solely responsible for properly canceling your Account. Any written or verbal request to cancel your Account is not considered cancellation. You can cancel your account at any time only by visiting your Account’s dashboard (“My account”), which provides a simple no-questions-asked cancellation link.
2. If your account becomes more than 14 days past due, it will be automatically canceled without additional notice.
3. All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
4. If you cancel the Service before the end of your current paid-for month, your cancellation will take effect immediately and you will not be charged again.
5. Annelite, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Website, or any other Annelite service, for any reason at any time. Such termination of the Website 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. Annelite reserves the right to refuse service to anyone for any reason at any time.
API terms
You may access your Annelite Content via an Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses your Content is bound by this Agreement plus the following specific terms:
1. You expressly understand and agree that Annelite shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Annelite has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access your Content via the API.
2. Abuse or excessively frequent requests to Annelite via the API may result in the temporary or permanent suspension of your Account’s access to the API. Annelite, in its sole discretion, will determine abuse or excessive usage of the API. Annelite will make a reasonable attempt via email to warn the Account owner prior to suspension.
3. Annelite reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Modifications to the Service and prices
1. Annelite 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 subscription plan fees, are subject to change upon 30 days notice from Annelite. Such notice may be provided at any time by posting the changes to the Annelite website (http://www.annelite.com) or the Service itself.
3. Annelite shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
General conditions
1. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Annelite and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Annelite nor its suppliers and licensors makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
2. Technical support is only provided to paying Accounts and is only available via email.
3. You understand that Annelite uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
4. 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 Annelite.
5. Any form of threat, abuse, harassment or “trolling,” defined as such in our sole discretion, directed against Annelite or its members will not be tolerated and will result in immediate account termination.
6. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
7. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Annelite) of other Annelite customers, we reserve the right to immediately disable your account or throttle your bandwidth consumption until you can reduce it.
8. You represent and warrant that (i) your use of the Service will be in strict accordance with the Annelite Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
9. Annelite does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
10. You expressly understand and agree that Annelite shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Annelite has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or Content; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
11. You agree to indemnify and hold harmless Annelite, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
12. The failure of Annelite to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Annelite and governs your use of the Service, superseding any prior agreements between you and Annelite (including, but not limited to, any prior versions of the Agreement or Terms of Service).
13. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in the State of Virginia, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Annelite may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
Data protection
1. You own the rights to your data as data controller, and Annelite acts as a data processor on your behalf. All processing by Annelite of the personal data and other data provided by you shall be in accordance with the applicable laws. Annelite’s processing of personal data on your behalf shall therefore only be done in order to provide the Services and shall be subject to your instructions.
2. As Annelite is a data processor and you are a data controller, the parties obligations regarding the processing of personal data are regulated in the data processor agreement attached as Appendix A. By accepting these Terms, you also accept the data processor agreement.
3. You’re obligated to keep user logins and passwords to the Services secret from any unauthorized users or third parties.
4. You are obligated to ensure that the personal data provided by you and used in the Services is processed by you in accordance with all applicable laws. You are obligated to ensure that the data provided in the Services, including personal data, do not violate any third party intellectual property rights and/or any applicable legislation. Annelite is entitled to delete any data that in the sole discretion of Annelite constitutes a breach of the aforesaid undertaking, and you will not be entitled to any compensation in that respect
Questions about this Agreement should be sent to helpdesk at annelite dot com.
