MODNORD END-USER LICENSE AGREEMENT
Thank you for choosing ModNord. Please read our terms and conditions carefully before purchasing our product. This end-user license agreement (EULA) governs all the terms and conditions between you and us in relation to buying a license for ModNord. You agree to be bound by these terms by either: 1) creating an account on our website; or by 2) clicking on “I agree” or otherwise electronically agreeing with these terms or by buying a license for our product.
If you do not wish to accept the given terms, you should not proceed with the creation of an account on ModNord’s website and you should not use ModNord’s Services.
The agreement relates to your usage of our Web Builder, Services, and eventual updates along with your agreement to all of them, including any related documentation. This document has three parts, which include: 1) Introduction; 2) General and Service Terms, and 3) License Terms along with sub-points for each part.
In this End-User License Agreement (EULA), the “Licenser” refers to the seller of the software (in this case “Weisninetyfive”); the “Licensee” refers to the buyer (in this case “you”); and the “Web Service” as well as “Solution”, “Web Builder” and “Services” all refer to the offered product (“ModNord”). ModNord is not a downloadable software nor an application. It is a web builder, which operates on browsers. It is compatible with the following browsers - Google Chrome, Firefox, Edge, and Safari.
GENERAL AND SERVICE TERMS
1.1. Your Privacy ModNord does not share any of your data and information in any way with third parties. All of your account and website information will be stored and encrypted on our database. Encrypted information ensures you that you are the only one who has access to this data and information. Therefore, you should not share your personal account data with third parties.
1.2. Using Our Services In order to use our Services, you need to be familiar with what we do and what we do not do. This section will explain you what things are inappropriate and/or illegal in relation to our services. You may not use our Web Services for stalking, cyberbullying, phishing, cloaking, digital piracy, identity theft, and fake identical purposes. We are not responsible for any activities, which are in violation of the law that are going under your name. We are not responsible if the customer violates any specific local/regional laws that may or may not be mentioned in this agreement. You are solely responsible for informing yourself about what content you can and cannot post. Moreover, you will take responsibility for any activities going under your name, which are in violation to the applicable laws and restrictions of your region.
- a) You may not use our Services to post any types of images that are deemed illegal by the Internet Law or by the laws of your jurisdiction. This includes images of child pornography and/or any type of obscene child imagery. You cannot download, edit, and/or reuse copyrighted images on your website. It is your responsibility to inform yourself about any additional restrictions and/or regulations regarding imagery in your jurisdiction.
- b) You may not use our Web Builder to write and post inappropriate text. Texts that include any forms of personal threats and harassment are illegal, and are thus punishable by law. It is your responsibility to inform yourself about any additional restrictions and/or regulations regarding texts and writings in your jurisdiction.
- c) You may not use our services to post indecent, obscene and inappropriate video content. This incorporates any direct or indirect sexual content that includes children and minors. It is your responsibility to inform yourself about any additional restrictions and/or
regulations regarding video content in your jurisdiction.
- d) You may not use our Solution for commercial purposes. You may not publish, copy, sell or permit others to publish, copy or sell our Web Services. You may not rent, lend, sublicense, or lease our Web Builder. One license is limited to one user.
- e) You may not reverse engineer nor modify our Web Builder in any ways. You can customize your website to the extent that ModNord provides you. Any customizations and modifications beyond that limit are against our terms and such actions are punishable.
- f) You may not attempt in any way to gain unauthorized access to our Services, data, registered users or networks or to bypass any restrictions and limitations we set in order to prevent unapproved access to our systems.
- g) You may not store or transmit data or material that could be harmful, extorting and/or illegal to users’ privacy. You may not store or transmit data or material that contains software viruses or any type of harmful computer code.
1.3. Creating and Maintaining an Account It is mandatory to create and account in order to purchase and use our software. It is important that you provide us with a relevant and accurate information about you and your business, including a valid email address. Once you start using ModNord, you will get a limit of 50 megabytes of email storage space.
1.3.1. Unauthorized Access to Your Profile It is your own responsibility to keep your profile safe. We strongly encourage you not to share your username nor your password to anyone. You are solely responsible for all activities that occur under your name on your account. If you come across any suspicious and/or unauthorized doings on your profile, you should notify us right away. If we suspect that your information has been breached, we will send a notification for you. We are not obliged to take any further actions beyond that point.
1.5. Free Trial ModNord does not currently offer any free trials. If you wish to use our solution, you must purchase a license either for one month or for 12 months (i.e. a year).
1.6. Payment It is important to note that ModNord does not offer a subscription service as of the current moment. This means that there is no automatic renewal of your usage of our solution. Thus, the licensee will encounter this action expressed as “license period” instead of “subscription period” in the text below.
- 1.6.1. Renewal of Your License Period We do not offer an automatic renewal of your paid usage. In order to renew your license, you have to manually go on our website and purchase a license for our product either for a month or for a whole year.
- 1.6.2. License Period There are currently two types of license periods. The Licensee can purchase the Solution for a month or for a year. Towards the final week of the license period, you will receive a reminder that you should renew the service. If you do not manually renew your ModNord license until the end of the expiration date, the Solution will cease to operate. Any information that you have posted on the Web Builder (e.g. design, logo, text, images, etc.) will not be deleted and will be stored in our archives for up to 30 days after your usage period has ended. They will become accessible again once you purchase the license for our Services again. In case you do not renew your license period after 30 days, all information except for your domain will get permanently deleted.
- 1.6.3. Your Debit/Credit Card Information We do not store any debit/credit card information. All payments for our solution go through PayPal. Please check PayPal’s User Agreement for additional information.
- 1.6.4. Refunds ModNord does not offer any forms of refunds as of the current moment. If you are dissatisfied with the solution, you must wait until the license expires and you should not renew your usage afterwards. ModNord will not renew your usage and will therefore not charge your account.
- 1.6.5. Premature Cancellation of Your Usage Period You cannot cancel your usage period once purchased. You are obliged to wait until the usage period expires and afterwards your data will be stored in our archives for up to 30 days.
1.7. Disputes and Mandatory Arbitration Most of the disagreements and/or disputes can be easily resolved by contacting our customer support at https://modnord.com/contact.php. If you are a Danish customer:
a) Agreement on Arbitration You agree that any disputes, controversies and/or claims arising between you and ModNord will be determined by binding arbitration in accordance with the Arbitration Act and the Arbitration Order (Voldgiftsloven & Voldgiftsordren) of Denmark. Therefore, disputes shall not be resolved by the courts but instead by the arbitral tribunal.
b) Arbitration (Voldgift) and Arbitral Tribunal (Voldgiftsret) This section applies only to customers in Denmark. Arbitration is a more informal way of settling disputes in comparison to taking a case to a court. It uses a neutral arbitrator instead of a judge/jury and it is subject to limited reviews by courts. Nevertheless, arbitration can enforce punishments just like a court. In case of arbitration, there will be one arbitrator (voldgiftsdommer), who shall work on the case. The two parties (ModNord and the customer) must come to an agreement on choosing the arbitrator before starting the case. Moreover, the Licensee must choose whether to seek an institutional arbitration (institutionel voldgift) or an Ad hoc arbitration (Ad hoc voldgift). For more information, regarding arbitration rules please refer to http://www.voldgiftsforeningen.dk/da/Voldgift/Hvad-er-voldgift/Hvad-er-voldgift.aspx.
1.8. Content and Service Updates ModNord will eventually get updates at some given points in time. They will include adding extra features; a larger range of customization possibilities; a larger limit of content that the Licensee can post; larger range of webpage design varieties. All of these updates will be collectively called “Content and/or Service Updates”. The Licensee will gain access to these updates during the usage period.
1.9. Property Rights Between the Licenser and the Licensee, ModNord owns and retains all rights, without limitation, in relation to name, titles, copyrights, inventions, data and database rights, code, patent rights, moral rights, as well as all Intellectual Property Rights. In addition, ModNord retains all intellectual property rights recognized in any country and/or jurisdiction on the planet.
1.10. INDEMNIFICATION UPON BREACHING OUR TERMS: IN ACCORDANCE TO APPLICABLE LAWS IN YOUR JURISDICTION, YOU WILL INDEMNIFY AND HOLD MODNORD (AS WELL AS ALL OF ITS AFFILIATES AND EMPLOYEES) HARMLESS FROM ANY DEMANDS, CLAIMS, DAMAGES, LIABILITIES, LOSSES (INCLUDING COSTS AND EXPENSES), INCLUDING REASONABLE ATTORNEY’S FEES RESULTING OF YOUR BREACHING OF THESE TERMS, OR YOUR VIOLATION OF ANY LAW AND/OR REGULATION, OR OF THE RIGHTS OF A THIRD PARTY IN RELATION TO YOUR SPECIFIC USE OF OUR SOLUTION AND SERVICES.
1.11. Third Party Content and Features ModNord does not use any third party features, content or functions on the Web Builder. In case of using third party content from your end, you acknowledge sole responsibility and thus, assume all arising risk from your use of third-party content or sources.
1.12. DISCLAIMER OF WARRANTY; EXCEPT AS EXPRESSELY SET FORTH IN THIS SERVICES AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, UNDER THIS AGREEMENT, AND MODNORD SPECIFICALLY DISCLAIMS OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, OR EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES UNDER THIS AGREEMENT. IN ABSOLUTE ACCORDANCE WITH APPLICAPBE LAW, MODNORD MAKES NO WARRANTIES THAT: I) OUR SERVICES WILL MEET YOUR REQUIREMENTS AND FUFLFILL YOUR EXPECTATIONS; II) THE SERVICES WILL OPERATE WITHOUT ANY INTERUPTIONS AND/OR ERRORS; III) THE RESULTS OF USING OUR SERVICES WILL BE FULLY ACCURATE IN RELATION TO YOUR EXPECTATIONS; IV) THE QUALITY AND EFFECTIVITY OF ANY OF THE FEATURES OF OUR BUILDER WILL MEET YOUR EXPECTATIONS; V) THE TIMELINESS OF FIXING ERRORS WILL BE AS SOON AS YOU ANTICIPATED. MOREOVER, MODNORD DOES NOT REPRESENT OR MAKE WARRANTY OF ANY THIRD PARTY PRODUCTS.
1.13. LIMITATION OF LIABILITY; DISCLAIMER OF DAMAGES; SOME COUNTRIES, STATES AND REGIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTIAL DAMAGES; THEREFORE THE LIMITATION WRITTEN BELOW MAY NOT APPLY TO YOU. IN ACCORDANCE WITH THE MAXIMUM APPLICABLE LAW, MODNORD IS NOT LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENT OR SIMILAR DAMAGES, INCLUDING LOST PROFITS, DATA, COMPUTER DAMAGE, SYSTEM DAMAGE, SERVICE INTERRUPTION, AND SYSTEM FAILURE. THE LICENSEE CAN HOLD MODNORD LIABLE EXCLUSIVELY IN CASES WHERE THIS LIMITATION OF LIABILITY IS NOT APPLICABLE BY LAW. IF YOU HAVE CERTAIN RIGHTS IN YOUR JURISDICTION, MODNORD WILL HOLD NOTHING AGAINST THESE RIGHTS.
1.14. Language The official language of this agreement is English. Any other translations of this document will be in accordance with local demands and requirements for such.
1.15. Changes to the Web Builder and Services We may, in whole or partly, at any time, with or without notifying you, undertake changes to our Services. We may also redefine the accessibility limits to our Solution and make changes based on our decisions.
1.16. Changes to the End-User License Agreement We may change at any time certain things in our Terms of this agreement. You will receive a notification when such changes occur. You must agree to be bound by the new Terms if you wish to continue
using our Web Builder. If you do not agree with the new Terms, you must stop using ModNord upon denial.
1.17. Termination and Suspension of Your Account We may terminate your use and access to our Solution for any or for no reason, or if you violate any of these Terms, including if we cannot charge your account for the usage period. In such case, your use of ModNord will cease immediately. Furthermore, we may suspend your account permanently if we suspect that you have or still are consciously violating our Terms without any notification.
1.18. Questions and Answers If you have any questions regarding these Terms or anything related to ModNord please visit “http://modnord.com/FAQ” or contact us at email@example.com.
2. LICENSE TERMS
2.1. Ownership of the Product ModNord as an online web builder (including any forms or releases, updates, enhancements, editions, and revisions) and any documentation that accompanies or is available in connection to ModNord is owned by Weisninetyfive and its licensors. This includes all Intellectual Property Rights related to the Product and Documentation. Any type of online product that Weisninetyfive provides to you is licensed, not directly sold to you; therefore, Weisninetyfive reserves all rights to the product.
2.2. License Grant As long as you comply with all terms in this agreement, you will be granted a limited license, with no right to resell, sublicense, or copy the product in any way on any type of device and/or browser solely for purposes of using ModNord for commercial or non-commercial use outside of the legal boundaries of this agreement.
2.3. Account Activation For security reasons, once you purchase our Web Builder, you will need to activate your account via email. Once you receive an email from us, you will have an unlimited time to activate your profile.
2.4. Domain Rules and Restrictions Your domain name must be in accordance with the universal rules and regulations of names (e.g. you can use characters a-z; digits from 0 to
9; hyphen “-”, which cannot be placed at the beginning nor at the end of the domain name). We recommend you not to use names that are either provocative or too similar to already registered trademarks. Once you choose a domain suffix (e.g. “.com”; “.net”; “.org”, etc.) you are highly advised to read thoroughly the specific laws of using your chosen suffix before registering it. The domain will belong to the Licensee upon registration but the de jure ownership of the domain will remain with Weisninetyfive. Therefore, the Licensee cannot claim ownership of the domain. Moreover, you are solely responsible for any legal issues or actions, which are in violation of the laws in your jurisdiction in connection to your domain. Certain regions have specific restrictions on the content that the website can have under their domain. You agree that ModNord will only provide you with a domain without any further responsibilities.
2.5. License Rules and Restrictions ModNord will grant you a license, which limits you to only one website per account. You can use the Web Builder on an unlimited number of devices and browsers. However, if you wish to create more than one website, you must create several profiles as only one website is allowed per profile. For additional rules and regulations, please refer to sub-point d) of point 2.2.
2.6. Server Downtime Our servers are online 99.95% of the time. In very rare cases could our services go down for up to two hours. However, we do not take any responsibility if such cases occur. You should note that servers can be down for 1-2 hours once per month.
2.7. Termination Your license will be terminated in the following cases: 1) you have not manually renewed your usage period (in which case, your information will be stored in our archives for up to 30 days, and afterwards all data will be deleted); 2) you have breached some of our terms; 3) you have violated some laws in your region/jurisdiction (In that case, you will get a notification that ModNord has taken down your website until you reply back. Once you contact us with an explanation, regarding the case, we will restore your website. However, you get only one warning, meaning that your account and website will be terminated forever without the possibility of a refund upon breaching our terms or your jurisdiction’s laws a second time. You will still keep your domain post- termination but you will need to transfer it to a different web builder).