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Services Terms and Conditions Of Use

1. Introduction

1.1. These Services terms and conditions of use (the "Terms and Conditions") govern the legal relationship between Continuous S.A., a public limited liability company ("société anonyme") established under the laws of the Grand-Duchy of Luxembourg, having its registered office at L-4362 Esch-sur-Alzette, 9 avenue des Hauts Fourneaux, registered with the Luxembourg Trade and Companies Register under number B 191.459 (hereinafter "Continuous") and you / the user ("You" / the "User") in relation to the services (the "Services"). Services provide subscribers with a simple and seamless method for automatically and continuously build, package, test and deploy PHP software applications.

1.2. Please read these Terms and Conditions and the Privacy Policy carefully. You will have to approve these Terms and Conditions by clicking "Accept" prior to using the Services. Upon registration and acceptance of these Terms and Conditions, you conclude an agreement with Continuous regarding the use of the Services (the "Agreement"). By clicking "Accept" prior to using the Services, You confirm that you have read the Privacy Policy

1.3. These Terms and Conditions apply to the Services provided by Continuous but do not apply to the User’s technical equipment.

1.4. If you have any queries with respect to the Services, please contact exclusively Continuous (by email at info@continuousphp.com or by sending a letter at Continuous's address provided above.

1.5. Continuous reserves the right to update these Terms and Conditions. When changing these Terms and Conditions, Continuous will take into account your legitimate interests. If the Terms and Conditions are changed, You will receive a notice upon login. In order to be able to continue to use the Services, you will have to indicate Your acceptance to the changes.

2. User Access

2.1. It reminded that access to the general site content (“General Site Content”) does not require registration. Any individual who wishes to browse the Site (a “Continuous Visitor”) may access General Site Content (and, where applicable, may submit certain user-generated content to the Site), provided that any Continuous Visitor must, as a prior condition to accessing General Site Content or Services Information, accept the Web Site Terms of Use and comply with the obligations described therein (such acceptance to be evidenced by your ongoing use of the Site).

2.2. Complete access to all parts and features of the Site are only available to persons who have registered on the Site (the “Continuous User”). AllContinuous Users also have to accept the Web Site Terms of Use and comply with the obligations described herein (such acceptance to be evidenced by your ongoing use of the Site).

2.3. In addition, to become a Continuous User, You may register using existing login details used by certain other software development and repository websites from which You must provide a valid Source Code Repository Provider Account (“SCRP Account”, e.g. GitHub, Bitbucket, Atlassian Stash or else) supported by the Services (the “Continuous Services Account”), and any other information requested in order to complete the signup process. The Continuous Services Account bound to your SCRP Account may only be used by one person - a single Account shared by multiple people is not permitted. You may create separate accounts for as many people as your subscription plan allows. You are responsible for maintaining the security of your SCRP Account and Continuous Services Account. Continuous cannot and will not be liable for any loss or damage from your failure to comply with this security obligation or any carelessness in this regard.

2.4. The creation of a stand-alone new user profile requires a unique username, password and a valid email address, and all such information (the “Registration Information”) must be true, accurate and complete as of the time when registration occurs. Any update to the Registration Information must be notified to Continuous in order that such information continues to be accurate. Failure to provide such information will constitute a breach of these Terms and Conditions and may result in the immediate termination of the account.

2.5. Registration via existing login information from other websites for which such login sharing is permitted on the Site up express authorization to Continuous to receive, and for Continuous to share, certain of your information that is available on or through your Continuous and/or other account, including, without limitation, your profile information and certain other information that will be disclosed to you during the registration process.

2.6. You may not use a username or profile name that is the name of another person or entity or that is not lawfully available for use, nor may You use a name or trademark that is protected or subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

2.7. You are responsible for maintaining the confidentiality of your password and any other authentication credentials provided by Continuous or third-parties. You are solely responsible for all activities resulting from these authentication credentials and activities conducted through your Continuous Services account.

2.8. Registration is only available to human individuals who are either (i) at least 18 years old, or (ii) at least 13 years old upon authorisation by a parent or legal guardian who takes responsibility for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Accounts registered by “bots” or other automated methods are not permitted and will be deleted.

2.9. The Services are solely provided to Continuous Users who subscribe to such Services (each such subscribing Continuous User, a “Subscriber User”) under one of the subscription plans offered on the Site, and who have agreed to, and abided by these Terms and Conditions. Any Subscriber User’s non-compliance or failure to perform or adhere to any of the Terms and Conditions underlying the selected plan or these Terms and Conditions shall be deemed a material and fundamental breach of the terms under which such Services are offered In case of breach, Continuous may, at its sole discretion, choose to resiliate any Services agreement immediately without prejudice to any other remedy to which it may be entitled under law or equity.

2.10. To subscribe to the Services and become a Subscriber User, you must:
(a) register to the Site through your SCRP Account (if you have not done so already)
(b) (if You are one of the Primary Subscriber Users as defined in section 2.11), select the desired subscription plan from the options offered on the Site or (if You are an authorized user under a Primary Subscriber User’s subscription plan) if seats are still available under the Primary Subscriber User’s subscription plan You will be automatically registered,
(c) provide Continuous with certain requested information, including payment information.

2.11. If your Subscriber User plan allows for multiple logins, the Primary Subscriber User responsible for subscription and payment (the “Primary Subscriber User”) may assign seats for as many people as the subscription plan allows (provided that multiple users may not share the same seat). Each individual authentified user must comply with the terms applicable to Users as detailed above. Following the creation of each separate seat, each individual for whom a seat is created shall be deemed a Subscriber User for all purposes under these Terms and Conditions, except for terms related to payment and cancellation, which shall apply solely to the Primary Subscriber User.

3. License Grant for Subscriber Users

3.1. The Services include proprietary testing and deployment tools designed to assist software developers to seamlessly build, package, test and deploy new software codes into existing environments.
In order to do so, Continuous requires each Subscriber User to grant a limited license to perform certain actions with respect to any code submitted through the Site for review and testing through the Services, as described below.

3.2. Prior to using the Services, a Continuous User must first select a subscription plan from one of the plans offered on the Site, terms and details of which are included in each plan description. A Continuous User must then enter payment information and becomes a Subscriber User upon procession of those information.

3.3. Subscriber Users must accept all terms applicable to Subscriber Users including, without limitation, the license grant terms, payment terms and other provisions within these Terms and Conditions as amended by Continuous from time to time in its sole discretion. If You do not agree to any portion of these Terms and Conditions (or if your actions are not in compliance with your obligations hereunder), You will not be able to subscribe to the Services, and your only remedy is to stop using the Services.

3.4. Each Subscriber User will be asked to configure his individual account. All projects will be provided to Continuous with the necessary required information in order for the Services to work. This configuration process includes identifying the location of, and path to, the Subscriber User’s SCRP system so that Continuous have access to the Subscriber User’s code. Subscriber Users who provide Continuous with access through certain third-party SCRP systems (e.g. GitHub, Bitbucket, etc.) must comply with the terms and conditions provided by those third-party systems as well as with these Terms and Conditions.

3.5. Once configured, each Subscriber User’s projects is designed to allow for the submission of any source code the Subscriber User wishes to subject to the Services by identifying any new and/or modified code entered into the Subscriber User’s designated code management system.
The Services are designed to detect each new code version submitted by a Subscriber User and, upon detection, a copy (or a “pull”) of the new or updated source code is made within an ephemeral “virtual container” environment to create two packages (one for the testing including any testing tools and dependencies and another package for deployment purpose).
In parallel, if testing is configured, the testing package is then tested for all the configured PHP version(s) and testing framework(s) of theSubscriber User’s project within one or more ephemeral “virtual container(s)”.
Once testing is completed and results are made available, the “virtual container” is removed, therefore any Subscriber User code is removed from Continuous’ “virtual container”.
The built package for deployment is securely stored and made available using an access token for a limited period of 30 (thirty) minutes, if deployment is configured, the package is then deployed using the Subscriber User’s project deployment tools & configuration within a “virtual container”.
When the access token has expired, the built package is preserved for later retrieval, deployment and archives.

3.6. Important note for Subscriber Users:

Whenever a build is triggered on continuousphp, we pull the new version of your source code that triggered the build into a virtual container on one of our servers. After the build finished the virtual container is stopped and all changes made to it, including your code, are removed from our servers. Your build is stored permanently on our servers for you to download it at any time. You can ask continuous to delete your builds at any time. access to your source code repository or any other system (e.g. production or staging environment) is only used for the duration of a build and only for the necessary actions, be they testing, deployment or for support requests. We will not access any of those systems for any other purpose.

3.7. Due to security reasons, the number of builds per user and per day is limited to 30 (thirty). You can exceptionally ask Continuous at any time to temporarily increase the number of builds per user and per day to meet punctual needs, which agreement shall not be unreasonably withheld.

3.8. To ensure high availability and performance, the Services use a cloud infrastructure, where servers could be in any country. You can ask to be hosted in a specific region, but You could be charged for any additional fees.

3.9. In order to undertake and effect the actions described in the above detailed description of the Services, each Subscriber User, upon submitting any source code (or any update or modification to source code previously submitted) for purposes of using the Services thereof, hereby grants to Continuous (and its successors, assigns and affiliates, if any) a worldwide, non-exclusive, royalty-free, fully paid license to reproduce, host, store, modify and transmit the submitted source code solely for the purpose of performing the actions required to undertake and effect the Services as described and requested with respect to the submitted source code. With respect to each license granted by a Subscriber User upon each submission of a source code, such license shall terminate and be of no further force and effect upon completion of the build, test, deploy and results cycle undertaken by the Services with respect to the submitted source code. The acceptance of the Present Terms and Conditions implies the acknowledgement and acceptance by the Subscriber User to grant such licences to Continuous.

3.10. In connection with each granted license pursuant to the above, the Subscriber User:
(a) acknowledges that after submitting any source code (including any updates, modifications or edits to previously submitted source code) to the Services, the Subscriber User retains full and identical rights in and to the source code which such Subscriber User may have owned or held prior to submitting, and no conveyance or assignment (other than the license grant described above) is intended to be effected nor shall actually be effected by submitting the content;
(b) represents and warrants that he, she or it: (i) is the owner or rights holder of all necessary rights to effect the license grant described above, including any and all copyrights in and to the submitted source code;
(ii) has the full and complete right to agree to these Terms and Conditions and to grant the license described above, and no further permissions are required from, nor payments required to be made to, any other person in connection with the actions taken further to the Services; and (iii) is not aware that any portion of the submitted source code infringes, or is likely to infringe, the rights (including, without limitation, rights of copyright, privacy or publicity; moral rights; or other intellectual property rights) of any person, or violate any law, regulation, ordinance, statute or judicial or governmental order.

4. Support & Maintenance

4.1. Continuous Users who subscribe are granted access to Continuous Support & Maintenance. The Service Level Agreement depends on your type of subscription:
a. Open Source projects: email / chat support. P1 response time: best effort.
b. Solo: email / chat support. P1 response time: 1 business day.
c. Team: email / chat support. P1 response time: 1 business day.
d. Enterprise: email / chat / phone support. P1 response time: 6 hours.

4.2. Support is available during business hours (Monday - Friday, from 9 am to 6 pm (GMT+1 timezone).

4.3. The support team is giving Priority High (P1) to critical cases and incidents in which the Services is unusable resulting in total disruption of critical business processes. Any Continuous User can contact Continuous support, but the Continuous Users have to designate a single representative as a key contact (with sufficient technical knowledge and rights to interact and implement Continuous support recommendation).

5. Technical Account Management

5.1. Continuous Users who subscribe to Enterprise subscription are granted access to a Technical Account Manager dedicated to their account, in order to:
a. discuss the use of continuousphp
b. help to set up new projects
c. discuss platform improvement regarding the Continuous User needs
d. assist in the adoption of best practices and in the implementation of new tools related to testing and continuous deployment.

5.2. The Technical Account Manager is a Continuous consultant available to assist Continuous Users remotely (phone, email, chat, conference call…). He could exceptionally work onsite (Continuous User will then be charged for travel, accommodation and food expenses during the mission). The Technical Account Manager is available at short notice. If he is not available immediately, he will be made available within a maximum of 2 weeks for an intervention of less than 2 consecutive days, and within a maximum of 3 weeks for an intervention of more than 2 consecutive days. If the Technical Account Manager is not available in due time, Continuous will suggest any other trusted resource as an alternative. A specific number of Technical Account Management days is provisioned with the Enterprise subscription. Any started hour of intervention is deducted from the total number initially provisioned. Days Continuous User did not use before the end of the subscription are not refundable. If Continuous Users cancel an ongoing subscription, Continuous will charge for any hours of Technical Account Management used and not covered by already made payments.

6. Access to Subscriber User Hosting Environment

6.1. In addition to granting Continuous the license above, in order to complete the automated deployment or the continuous delivery / deployment process of the Services, a Subscriber User must also grant Continuous or any Subscriber User third-party deployment tool supported by the Services to access its hosting environment regarding the chosen deployment process (e.g. granting access to Zend Server ports and keys). Subscriber User installs and configures a deployment agent that allows the Services to deploy the verified or unverified (depending on Subscriber User settings) built package into the Subscriber User’s hosting environment.

6.2. Subscriber User can use its own deployment tool non-supported by the Services, using continuousphp Software Development Kit or any other tool. Continuous is not responsible for any Subscriber User non-supported deployment implementation.

6.3. Continuous agrees to use such access solely to deploy code to which You have granted access under the prior license agreement. Continuous shall not be responsible for any bugs, worms, viruses or dysfunctional code (collectively, “Bugs”) deployed therein to the extent that such Bugs were unknown or unknowable to Continuous at the time such code was supplied to the Services. In addition, to the extent that any such code, whether or not, modified by the Subscriber User following deployment by the Services, causes any failure in functionality of a Subscriber User’s product or service, whether directly or indirectly, Continuous shall not be liable for any such failure of functionality, as further specified in the Limitation of Liability paragraph below.

6.4. A Subscriber User’s acceptance of these Terms and Conditions (as indicated by its subscription to the Services) shall be deemed to be an assent for Continuous to access the Subscriber User’s hosting environment for the sole purpose of deploying the built package into the environment, and for no other purpose.

6.5. Important limitation on liability:

Continuous cannot be held responsible for any misuse of the Services, in case of malfunction of computer or telecommunications equipment caused by the Continuous User and/or its accessories or incompatibility of the Services with the technical and/or electrical computer installation, or in the event of incompatibility with any other device or equipment owned by the Continuous User.

Without prejudice to other contractual clauses excluding or restricting Continuous’ responsibility, liability cannot be incurred:

  • in the event of Services suspension;
  • in the event of any Subscriber User's loss of use, lost or inaccurate data;
  • in the event of failure of security mechanisms, interruption of business, disruption in the provision or operation of means of communication provided by the operators of the networks, electricity network failure.
  • In no event shall Continuous' total aggregate liability to a Subscriber User exceed the amount actually paid by such Subscriber User for products,support and maintenance in the twelve (12) months immediately preceding the claim.
  • Notwithstanding anything else in the present Terms and Conditions, Continuous's aggregate liability to a Subscriber User in respect of non-charged products shall be limited to an amount of twenty euros (€20).

6.6. You agree that the limitations set forth above will survive and apply even if any limited remedy specified in the present Terms and Conditions is found to have failed of its essential purpose.

7. Open Source - Modules, libraries and free software

7.1. Continuous User is herein informed that Continuous may integrate “free” or “open-source” modules or libraries within its solutions (e.g. continuousphp SDK, deploy-agent). Continuous will integrate such items only if their licenses allow this usage.

7.2. In such a case, author’s rights on the modules or libraries will not be ceased to Continuous User. Continuous User acquires rights of use for modules and libraries from the “free” license which will systematically be attached to the modules and libraries’ code by Continuous, if the license compelled it.

7.3. In addition, some licenses considered “free”, whose most common example is GPL, impose obligations borne by the user modules or libraries they cover. The Continuous User can thus be obliged to make the source code of the modules or libraries it uses, whether modified or not, available to the “free software” community of developers. This requirement of availability can sometimes extends to software source code that interacts with these modules or libraries.

7.4. In such a case, Continuous cannot in any case engage the confidentiality of the solutions’ source code which may contain such modules or libraries. In addition, the Continuous User will read the terms of licenses of “free” modules or libraries that would come with the solutions to ensure the absence of risk relating to an obligation to make the source code of its software running these modules or libraries available to the “free software” community of developers.

8. Payment Terms for Subscriber Users

8.1. To subscribe for or otherwise obtain chargeable Services on or through the Site, You must provide certain information confirming your identity and authenticity of payment. You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and You agree to take responsibility for all purchases and other activities that occur under your account. Continuous sells its products only to users who can legally make purchases with a credit card or other form of payment accepted by Continuous. If You are under the legal age of majority, You may conduct transactions on or through the Site only with the involvement of a parent or guardian. Continuous reserves the right to refuse or cancel orders and/or terminate accounts, at any time in its sole discretion. In the event that Continuous terminates your account for good reason due to a negligent breach or other violation of these Terms and Conditions, products and services purchased may be forfeited without any right to receive a refund.

8.2. Continuous accepts various forms of payment, as described on the Site from time to time. Continuous may also allow you to pay for the Services through the account that You hold with certain third-party sites or reseller partners. By logging into the Site with the log-in credentials You have set up on any third-party providers with whom Continuous maintains certain affiliate agreements (each, a “Third-Party Affiliate”), You authorize such Third-Party Affiliate to share your payment information collected by such Third-Party Affiliate with Continuous, and You authorize Continuous to obtain such payment information, for the purpose of allowing You to utilize the applicable Third-Party Affiliate payment method for purchase of Continuous Services. You further acknowledge that by providing a payment method to Continuous, You authorize Continuous to share that payment information with designated Third-Party Affiliates, and You authorize such Third-Party Affiliates to obtain that payment information, for the purpose of allowing You to utilise the applicable Continuous payment method on the Third-Party Affiliate’s services. By subscribing for a service or otherwise submitting an order for other paid services available through the Site, You authorize Continuous, or its designated payment processor, to charge the account that You specify for the purchase amount. If Continuous does not receive payment from your designated payment account, You agree to pay all amounts due upon demand by Continuous. All payments are to be made in the currency in which your order is placed. For credit card purchases, Continuous may seek authorisation of your credit card or other payment format to validate your ability to charge the fees to access the applicable product or services prior to the first purchase. The authorisation amount is typically €1 (one euro), but may vary. This authorisation is not a charge but may reduce your available credit by the authorisation amount until your bank’s next processing cycle.

9. Subscription Terms (Payment & Renewal)

9.1. You can subscribe to the Services through the Site or the Continuous sales department or through an authorized reseller.

9.2. All terms below are for direct subscriptions from Continuous but they also apply if You subscribed through an authorized reseller.

9.3. By subscribing to the Services (and one of the corresponding Continuous subscription plans), You authorize Continuous to charge the applicable recurring subscription fees to your designated billing payment method. In some cases, when You subscribe to a free trial (Free Tier) of the Services (and one of the corresponding Continuous subscription plans), You will be asked to authorize, and by accepting these Terms and Conditions You hereby expressly authorize, Continuous to charge the applicable recurring subscription fees to your designated billing payment method upon the expiry of the free trial (Free Tier). When You initially subscribe to the Services, You will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription plan. When You initially subscribed to a free trial (Free Tier) of the Services, You will be not charged for the initial term of the free trial.

9.4. Unless You notify Continuous of your decision to terminate your subscription or, in some cases, your free trial (Free Tier), your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee.

9.5. You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiry of an applicable free trial) on your applicable billing date (the “Charge Date”) (e.g. on a particular date each month for a monthly subscription). If, however, the activation date of your subscription (or, in some cases, your free trial) is on the 29th, 30th or 31st day of a month and your Charge Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month that payment is due, your Charge Date for that particular renewal (or initial term, in the case of a renewal following the expiry of an applicable free trial) will be on the last day of the month in which your Charge Date would otherwise be. Each charge on the applicable Charge Date applies to the subscription period immediately following the Charge Date (e.g. a charge for a monthly subscription applies to the month immediately following the Charge Date).

9.6. Your account may be deactivated after the expiration of a seven (7) days period duly notified to You and without any reaction from your part if payment is past due, regardless of the amount. If Continuous deactivates your account, You may lose all of your build results, history and other account usage information.

9.7. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) by contacting Continuous by email (sales@continuousphp.com) or through your account settings on your Subscriber User dashboard (when available).

10. Subscription Terms (Cancellation)

10.1. Free Trial (Free Tier)
In most cases, if you subscribe to a free trial (Free Tier) of the Services, your trial subscription will automatically expire at the end of the trial period, unless You affirmatively subscribe for a paid subscription prior to the expiry date.
If You did not provide Continuous with billing information previously, you will need to do so at that time.
If your trial subscription expires and You do not subscribe to a paid subscription, You will still be able to access the Site and use some of its features as a Continuous User, but not as a Subscriber User. However, in some cases, if You subscribe to a free trial of the Services, your trial subscription could be automatically renewed at the expiry of the trial period in accordance with the terms above, unless You affirmatively terminate your subscription prior to the renewal date.

10.2. Paid Subscriptions
To cancel an ongoing subscription, please contact directly Continuous by email (sales@continuousphp.com) or follow the process set forth in your account settings on your Subscriber User dashboard (when available).
Once You have cancelled your subscription, Continuous will stop billing your applicable payment method unless and until you re-subscribe.
All of the fees paid and charges made prior to termination are non-refundable, and accordingly, if You pay for the Services pursuant to a monthly subscription, all subscription amounts previously paid (including the subscription amount for the month in which the cancellation occurs), shall be non-refundable.
Termination of your subscription shall not relieve You of any obligations to pay accrued charges.
You agree that Continuous, in its sole discretion, with or without prior notice, may freeze or terminate your access to chargeable Services for any reason, including, without limitation, if Continuous believes that you have not complied with your obligations under these Terms and Conditions.
Continuous may also in its sole discretion, and at any time, modify or halt the provision of Services, or any part thereof, with or without notice.
Additionally, You agree that Continuous shall not be liable to You or any third-party for any interference with, or termination of, your access to the Continuous Services.

11. Privacy

11.1. Continuous is committed to respecting your privacy rights. All information about You, including your Registration Information, any information obtained by Continuous as a result of logging in through login credential established at a third-party affiliate site, linking to or through a Third-Party Affiliate or other third-party account and any information stored or transmitted in any way on the Site or through the use of the Continuous Services is subject to Continuous’s Privacy Policy, which can be found at the following link: https://continuousphp.com/privacy-policy/

11.2. Continuous’s Privacy Policy is incorporated into these Terms and Conditions by this reference. Your activities on any third-party affiliate site (including any Third-Party Affiliate site) are covered by its applicable terms of use and privacy policy.

12. Security

Security conditions can be found on the Site at the following link: http://app.local.continuousphp.com:9000/security-policy/.
Continuous’s Security policy is incorporated into these Terms and Conditions by this reference. Your activities on any third-party affiliate site (including any Third-Party Affiliate site) are covered by its applicable terms of use and security policy.

13. Warranty Disclaimers

13.1. You understand that the processing and transmission of software code submitted to, builded by, packaged by, tested by, and deployed pursuant to the Services may involve transmissions over various networks as well as changes in order to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, You agree that Continuous will not be responsible or liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content that You provide for testing or deployment through the Services.

13.2. Please read the following important disclaimer:

the Services and all information and materials provided through the Site are provided on an “as is” and “as available” basis without any warranty or condition, express or implied.

To the maximum extent permissible under applicable law, Continuous, and each of its joint venturers, licensors, suppliers, resellers, vendors, distributors, advertisers and other contracting parties, specifically disclaim all implied warranties including, without limitation, implied warranties of title, quality, performance, merchantability, fitness for a particular purpose and non-infringement.

Furthermore, no warranties will be implied by any course of dealing or course of performance. Continuous makes no representation or warranty that (i) the Services will meet your expectations or requirements, (ii) the Services will be available, uninterrupted, timely, secure, accurate, complete or error-free, (iii) any results or information that may be obtained from the use of the Services will be accurate, timely, complete or reliable, (iv) any errors or defects in the Services will be corrected or (v) the Services and/or the servers that make the Services available are free of viruses, clocks, timers, counters, worms, software locks, Trojan horses, trap doors, time bombs or any other harmful codes, instructions, programs or components. Operation of the Services may be interfered with by numerous factors outside of Continuous’ control including, but not limited to, telecommunications network disruptions.

Continuous is not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Services.

You acknowledge that the entire risk arising out of the use, inability to use or performance of any of the Services remains with You to the maximum extent permissible under law.

You acknowledge and agree that your sole remedy for any problems or dissatisfaction with the Services is to terminate your account and discontinue use of the Services.

13.3. Open Source: Continuous Users are informed that solutions available within the Services are liable to integrate “free” or “Open Source” modules or libraries whom licenses may contain pure and simple exclusions of any warranty.
In this case, Continuous Users accept that Continuous cannot give more warranty than Continuous has itself from the module or libraries’ licenses. Therefore, Continuous rules out any warranty linked to “free” or “Open Source” modules or libraries of which licenses would contain warranty exclusion.
The Continuous User can be aware of the extent of the warranty associated with “free” or “open source” modules or libraries by referring to their licenses.

14. Indemnification

14.1. You agree to defend, indemnify and hold Continuous and its joint venturers, licensors, suppliers, resellers, vendors, distributors, advertisers and other contracting parties, together with their respective affiliates, successors, assigns, employees, consultants, agents, directors, founders, officers, members and stockholders, harmless from and against any and all claims, actions, proceedings and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs and expenses (including reasonable lawyers’ fees and costs) that are attributable to your actions or fault and arise out of (i) your access, use or misuse of any of the Site or the Services, (ii) your breach or alleged breach of these Terms and Conditions, (iii) your violation or of any law, rule, regulation or rights of others in connection with your use of any of the Services, including, without limitation, infringement of anyone else’s intellectual property rights or (iv) your use or disclosure of another person’s personal information including, without limitation, financial or credit information.

14.2. Without limiting the foregoing, you acknowledge that certain countries may require you to pay a use, sales, consumption, value added or other tax in connection with your use of the Services. The payment of any such tax, if required, is your responsibility. The foregoing indemnity obligations will apply to any damages Continuous may incur in connection with your failure to pay any such tax.

15. Severance

To the extent that any provision of these Terms and Conditions is found by any court or competent authority or to be invalid, unlawful or unenforceable in any jurisdiction, that shall be deemed not to be a part of these Terms and Conditions, it shall not affect the validity, lawfulness or enforceability of the remainder of these Terms and Conditions nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction, except if the Agreement can not exist without this contested provision.

16. Amendment of the Terms and Conditions

Continuous reserves its right to update, in whole or in part, these Terms and Conditions. The Continuous User will be informed of any amendment of the Terms and Conditions by the way of publication, including on the Site.
The Continuous User must refer regularly to the latest version released, subject to his right to terminate.

17. Jurisdiction and governing law

These Terms and Conditions are governed by and shall be construed in accordance with Luxembourg law. You hereby consent to the exclusive jurisdiction of the courts of the city of Luxembourg of the Grand-Duchy of Luxembourg regarding any and all disputes relating thereto.
The Continuous User acknowledges having been able to know the Terms and Conditions and accepts them without reserve or limitation.

Changelog

  • 2015-08-31: First version