Please carefully read the following Terms and Conditions before registering for and using any of Konturra Services.
By registering for a Konturra.com account you or the entity you represent ("you" and "your") agree to be bound by these Terms and Conditions (the "Terms"), which govern your access to and use of the Konturra Services offered by Raverus d.o.o . ("we", "us" or "our").
If you are registering for the Konturra Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.
To access the Konturra Services, you must create a Konturra.com account associated with a valid e-mail address. Unless explicitly permitted, you may only create one account for the entity you represent. You agree to provide us with accurate and complete information when you create a Konturra Account ("Account"). In order to prevent unauthorized access to your Account, you agree to keep your password and other account details confidential and not share them with anyone else. You, as the Account holder, are solely responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your end users, contractors or agents). We are not liable for any loss or damage arising from unauthorized access to your account. If you believe there has been unauthorized access to your account or if your account information is lost or stolen, you must notify firstname.lastname@example.org immediately.
Cancellation Policy. You can cancel your account at any time for any reason by sending a cancellation notice to an e-mail to email@example.com. We will send you detailed instruction how to stop all services (if you use any) and delete your account permanently. There will be no refunds for any charges already incurred, as well as any charges for any use of services after your cancellation (you are responsible for deleting all your Content including but not limiting to computers that use our services and all backed up files).
Content. You are solely responsible for the content, operation, maintenance, and use of Services. For example, you are solely responsible for:
(a) the technical operation of your Content;
(b) compliance of your content with the law;
(c) any claims relating to your content.
Security and Backup. You are responsible for properly configuring and using the Services and taking your own steps to maintain appropriate security and protection of your content.
Your End Users. You are fully responsible for your end users. Konturra will never make any contact with your End Users if not initiated by you through Konturra services.
End User Violations. You are responsible for end users’ use of your content and the Services you are offering through Konturra. You will ensure that all end users comply with your obligations under this agreement and that the terms of your agreement with each end user are consistent with this agreement. If you become aware of any violation of your obligations under this agreement by an end user, you will immediately terminate such end user’s access to your content and the Services.
End User Support. You are responsible for providing customer service (if any) to your end users. We do not provide any support to your end users.
Selected Regions. You may specify the Konturra regions in which Your Content will be stored and accessible by End Users. We will not move Your Content from your selected regions without notifying you, unless required to comply with the law or requests of governmental entities.
Data Collection, Encryption, Privacy, and Disclosure
Konturra Services are hosted on Microsoft Azure. Konturra saves data to a servers operated by Microsoft Azure.
Konturra Online Backup Service. If you or your end users are using Konturra Online Backup Service, Konturra will save an encrypted copy of each file you designate to a servers operated by Microsoft Azure. Konturra Software also catalogs the number and total storage size of various file types on your end user’s endpoint. The content of your end users' files are encrypted before they are transmitted to cloud servers. We don't have any ability to decrypt your end user’s data files. You or your End User are solely responsible for your encryption/decryption key. You will not be able to restore files that Konturra has not completed copying, files that have been changed but not yet been backed up, or files or folders or disc drives that are not eligible for back up. Konturra does not maintain a secondary copy of your data that you have backed up to cloud servers. You agree that files may not be available to restore if: you or your end user mark a file to no longer be backed up; your end user delete a file from endpoint; your end user move a file to a location on endpoint that is not marked for back up; you delete an endpoint from your Konturra account; you terminate or allow your account to terminate.
Fees and Payment
Billing Process. By clicking "Become a Partner"" button within Konturra console, you agree that fee calculation for using Konturra Services will be based on average number of endpoints where you installed any of Konturra Services. If you or your end users are using Konturra Online Backup Service, fee calculation will also be based on total amount of data stored.
Any amounts billed are fully due and payable at the time the bill is rendered to you.
Service Fees. We calculate and bill fees and charges monthly. Minimum monthly invoice amount is $USD 12.00 (excluding tax). We may bill you more frequently for fees accrued if we suspect that your account is fraudulent or at risk of non-payment. You will pay us the applicable fees and charges for use of the Konturra Services using one of the payment methods we support. All amounts payable under this Agreement will be made without setoff or counterclaim, and without any deduction or withholding. Konturra is a month-to-month, pay-as-you-go service so we don’t provide refunds. You are billed monthly for the service. You can cancel the service at any time and you won’t be charged again, but you are responsible for any charges already incurred. We may increase or add new fees and charges for any existing Services by giving you at least 30 days’ advance notice.
Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required.
Suspension and Termination
Temporary Suspension. We may suspend access or use any portion or all of the Konturra Services immediately upon notice to you if we determine:
- you or your content poses a security risk to the Konturra Services or may be fraudulent;
- you are in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days.
Termination by You. You may terminate this Agreement for any reason by closing your account for all Services for which we provide an account closing mechanism. You remain responsible for all fees and charges you have incurred through the date of termination.
Termination by Us. We may terminate this Agreement upon 30 day notice to you if our relationship with a third party partner who provides software or other technology we use to provide the Konturra Services expires, terminates or requires us to change the way we provide the software or other technology as part of the Services; if we believe providing the Services could create a substantial economic or technical burden or material security risk for us; in order to comply with the law or requests of governmental entities; if we determine use of the Konturra Services by you has become impractical or unfeasible for any legal or regulatory reason.
As between you and us, you own all right, title, and interest in and to Your Content. As between you and us, we own and reserve all right, title, and interest in and to the Konturra Services.
Konturra Services License
We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Services solely in accordance with this Agreement. Neither you nor any End User may use the Konturra Services in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Konturra Services (except to the functionalities included in the Konturra Services that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Konturra Services or apply any other process or procedure to derive the source code of any software included in the Konturra Services, (c) access or use the Konturra Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) sublicense the Konturra Services. All licenses granted to you in this Agreement are conditional on your continued compliance this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Konturra Services you have used.
Changes. We may change or remove features or functionality of the Konturra Services from time to time. We also may discontinue or deprecate any of the Konturra Services (including the Konturra Services as a whole) by giving you at least 30 days’ advance notice.
Suggestions. If you provide any suggestions to us, we will own all right, title, and interest in and to the suggestions. We will be entitled to use the suggestions without any restriction.
Notice. We may provide any notice to you posting a notice on the Konturra website (effective upon posting) or sending a message to the e-mail address associated with your account (effective when we send the e-mail). It is your responsibility to keep your e-mail address current and you will be deemed to have received any e-mail sent to you when we send the e-mail, whether or not you actually receive the e-mail.
Language. All communications and notices to be made or given pursuant to this Agreement must be in the English language.
You will defend, indemnify, and hold harmless us from and against any claims, damages, losses, liabilities, costs, and expenses arising out of or relating to any third party claim concerning: (a) your or any End Users’ use of the Konturra Services (including any activities under your Konturra account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you or any End User; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and any End User. If we or our affiliates are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.
THE KONTURRA SERVICES ARE PROVIDED “AS IS.” WE AND OUR AFFILIATES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE KONTURRA SERVICES, INCLUDING ANY WARRANTY THAT THE KONTURRA SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT OR THE THIRD PARTY CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
Limitations of Liability
WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE SERVICES, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE KONTURRA SERVICES, (II) OUR DISCONTINUATION OF ANY OR ALL OF THE KONTURRA SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (c) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE KONTURRA SERVICES; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 6 MONTHS PRECEDING THE CLAIM.
This website is controlled by Raverus d.o.o. from our offices located in Croatia. It can be accessed by most countries around the world. As each country has laws that may differ from those of Croatia, by accessing our website, you agree that the statutes and laws of Croatia, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site. Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Croatia, Zagreb. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
“Konturra website” means http://www.konturra.com and any successor or related site designated by us.
“Konturra Services” means the services (including end user software applications), www.Konturra.com web application and any other product or service provided by us.
“Your Content” means content you or any end user run on the Services; cause to interface with the Services; or upload to the Services under your account or otherwise transfer, process, use or store in connection with your account.
“End User” means any individual or entity that directly or indirectly through another user accesses or uses Your Content; or otherwise accesses or uses the Konturra Services under your account. The term “End User” does not include individuals or entities when they are accessing or using the Services or any Content under their own Konturra account, rather than your account.
Raverus d.o.o. (konturra.com)
Bozidara Adzije 19
Zagreb, HR 10000
Last Edited on 2016-06-10