Henosia Terms of Service
Please read these terms carefully before using Henosia.
Last updated on April 11th, 2023.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following terms. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms of Service:
"Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Henosia ApS.
"Website" refers to henosia.com, accessible from https://www.henosia.com and its sub domains.
"Service" refers to the Website.
"Account" means a unique account created for You to access our Service or parts of our Service.
"Country" refers to Denmark.
"Content" refers to but is not limited to text, images, code or other information that can be uploaded, linked to or otherwise made available by You, regardless of the form of that content.
"Terms of Service" (also referred to as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
"You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these Terms of Service, then You may not access the Service.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
Creating and Managing Content
Our Service allows You to create or load in Content. You are solely responsible for, and for any harm resulting from, the content You create, load into, link to or otherwise make available via the Service, including but not limited to its legality.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use, (ii) the loading of Your Content on or through the Service does not violate copyrights, contract rights or any other rights of any other party and (iii) that you will fully comply with any third party licenses relating to Your Content.
The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third party using Your account.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content violates any laws or these Terms. The Company furthermore reserves the right to refuse or remove this Content.
You are not allowed to use the Service for content intended for unlawful use or for causing harm and/or damage to others. This includes but is not limited to content (i) violating copyright, trademark, patent or any other intellectual property or proprietary right (ii) that is abusive, tortious, threatening, harmful, pornographic or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual (iii) that violates any law, regulation, or obligations or restrictions imposed by any third party (iv) containing malware including but not limited to viruses, worms, or any software intended to damage or alter a computer system, that may cause damage to the Company, Our infrastructure, Our software or hardware, or that may cause damage to other users of the Service.
You may be held accountable for any harm caused to the Company (monetary or otherwise) due to You not adhering to the Content restrictions set forth in these Terms.
Ownership of Content
You retain ownership of Your content. Using the Service does not transfer any intellectual property rights to us from you. However, You agree to grant the Company and Our third-party providers license to copy, store, archive, parse, and display Your Content and any and all other actions directly or indirectly linked to delivering the Service, including continuously improving the Service. The Company does not have the right to sell, distribute or use Your Content outside of provisioning the Service.
Intellectual Property of Others
We respect the intellectual property rights of others. It is Our policy to respond to any claim of copyright infringement or other intellectual property infringement on the Service of any party. Any such infringement will be handed over to the relevant authorities.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright. Similarly, You may be held accountable for damages (including costs and attorneys' fees) to the Company as a result of intellectual property infringement or copyright infringement committed by you or caused by your actions or omissions.
Intellectual Property of the Company
The Company retains exclusive ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you by law or under this Agreement.
The Service and Website and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Service and Website is protected by the laws of copyright, trademark, and other intellectual property or proprietary rights of both the Country and Internationally.
Our trademarks, trade dress and other intellectual property may not be copied, modified, displayed, republished, downloaded, stored, transferred or in any other way used without the prior written consent of the Company.
Third Party Services
Our Service may contain links to or integrations with third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on, by or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any such third-party web sites or services.
Termination and Cancellation
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon termination, Your right to use the Service will cease immediately and your profile and all information pertaining to it will be scheduled for deletion after 30 days.
If You wish to cancel Your Account, You must notify the Company by email (firstname.lastname@example.org) after which you may simply discontinue using the Service. Your access to your account will be terminated no later than 30 days after giving notice and your profile and all information pertaining to it will be deleted no later than 90 days after giving notice.
Limitation of Liability
Notwithstanding any damages that You or any third party might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You in subscription fees for the Service the past year or 100 USD if You haven't paid any subscription fees for the Service the past year.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, any price change, modification, suspension or discontinuation of the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and its respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected, that the Service will be available at a specific time or location, .
Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included therein; (ii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iii) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of malware including, but not limited to viruses, scripts, trojan horses, or other harmful components. You assume full responsibility and risk of loss or harm resulting from Your use of files, information, content or other material obtained from the Service.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law and Jurisdiction
These Terms are governed by the laws of the Country. Any dispute regarding the Service that cannot be solved amicably, shall be submitted to the court of Aalborg, Denmark. However, if you are a consumer within the EU, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify, amend or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
We reserve the right to at any time and regularly modify or discontinue, temporarily or permanently, the Website or Service (or any part of either) with or without notice.
If you have any questions about these Terms of Service, You can contact us by email at email@example.com.