Terms of use for Graphesent Cloud online service
(Updated on November 14, 2020)
The terms of use has 14 sections.

Section 1 of 14: Purpose of terms of use

This terms of use describes the terms that if agreed by a subscriber to Graphesent Cloud online service, a revocable, non-exclusive and non-transferable permission to use for Graphesent Cloud online service is granted to the subscriber subject to limitations mentioned in this terms of use and the terms of this terms of use. Use of Graphesent Cloud without agreeing to this terms of use is strictly forbidden.

Section 2 of 14: Definitions

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Gradelms Software Inc.: refers to the Gradelms Gradelms Software Inc. incorporated provincially in Nova Scotia province of Canada as a company limited by shares with business number 709803886.
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Graphesent Cloud : refers to Graphesent Cloud online service which has the entry point https://cloud.graphesent.com on internet.
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A subscription : refers to a subscription for Graphesent Cloud online service.
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Subscriber : refers to the person or legal entity which buys a subscription for Graphesent Cloud online service or registers for a free subscription to Graphesent Cloud online service.
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This agreement : refers to this terms of use.
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Section 3 of 14: Copyright ownership

Unless changed by a legal copyright ownership transfer, the copyright owner of Graphesent Cloud is Gradelms Software Inc.

This agreement or grant of a permission or selling of a subscription does not change the copyright owner of Graphesent Cloud. This agreement or grant of a permission or selling of a subscription does not transfer the copyright ownership of Graphesent Cloud.

Section 4 of 14: Governing law

This agreement shall be governed by, and constructed in accordance with the laws of the Nova Scotia province of Canada and the laws of Canada applicable in the Nova Scotia province of Canada.

Section 5 of 14: Disclaimer of warranties and limitation of liabilities

This section applies only to the maximum extent not prohibited by applicable law. The maximum extent in the previous sentence shall be interpreted as maximum disclaim of warranties and maximum limitation of liabilities.

Graphesent Cloud IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL Gradelms Software Inc. OR ANY AUTHOR OF Graphesent Cloud OR ANY COPYRIGHT OWNER OF Graphesent Cloud OR ANY PREVIOUS COPYRIGHT OWNER OF Graphesent Cloud OR Mr. Farshad Barahimi BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH Graphesent Cloud OR THE USE OR OTHER DEALINGS IN Graphesent Cloud.

In no event shall Gradelms Software Inc. or any author of Graphesent Cloud or any copyright owner of Graphesent Cloud or any previous copyright owner of Graphesent Cloud or Mr. Farshad Barahimi, be liable for any consequence of any shorter than expected trial period or any longer than expected trial period.

In no event shall Gradelms Software Inc. or any author of Graphesent Cloud or any copyright owner of Graphesent Cloud or any previous copyright owner of Graphesent Cloud or Mr. Farshad Barahimi, be liable for any consequence of loss of data with respect to Graphesent Cloud.

Section 6 of 14: Subscription types, limitations and prerequisites of permission

Graphesent Cloud has 3 different types of subscription as follows:
1- Free subscription
2- Standard subscription
3- Advanced subscription

Standard subscriptions and Advanced subscriptions require a monthly payment from the subscriber unless in a free one-month trial period.

Each subscription type can have different features which may be expressed or not expressed in this terms of use. Each subscription type can have different limitations which may be expressed or not expressed in this terms of use.

Some features may require extra payment from the subscriber other than the monthly subscription fee. Changing some limitations may require extra payment from the subscriber other than the monthly subscription fee.

Graphesent Cloud should not be used for any illegal activity. No permission is given to use Graphesent Cloud for any illegal activity.

Section 7 of 14: Copying, distribution, modification and reverse engineering

Unless considered a fair dealing by applicable law, copying or distribution or modification or reverse engineering of Graphesent Cloud, without express permission of the copyright owner of Graphesent Cloud is strictly forbidden.

Section 8 of 14: In case of changes

In case copyright owner of Graphesent Cloud is changed by a legal copyright ownership transfer, any revocable permission given for Graphesent Cloud by a prior copyright owner of Graphesent Cloud, will be valid unless revoked by the new copyright owner of Graphesent Cloud.

In case this agreement is updated and the updated agreement is released on Graphesent Cloud website, agreeing with the updated agreement is required for using Graphesent Cloud.

Section 9 of 14: Sublicense, rent, lease, transfer and assign

Sublicense, rent, lease or transfer of a subscription for Graphesent Cloud without express permission of the copyright owner of Graphesent Cloud is strictly forbidden.

Assign of a subscription for Graphesent Cloud online service except for a legal entity who has obtained the subscription to a user within the same legal entity, without express permission of the copyright owner of Graphesent Cloud is strictly forbidden. In case of assign of a subscription for Graphesent Cloud online service from a legal entity to a user within the same legal entity, the legal entity is considered as the subscriber of the subscription of Graphesent Cloud online service.

Section 10 of 14: Third party libraries

Graphesent Cloud may use third party libraries with separate legal terms. Regardless of the legal terms for those third party libraries, section 5 of this agreement applies.

Section 11 of 14: Termination

The copyright owner of Graphesent Cloud has the right to terminate this agreement or any permission for Graphesent Cloud.

If this agreement is terminated any permission given based on this agreement is revoked.

Section 12 of 14: Refund

This section applies only to the maximum extent not prohibited by applicable law and not explicitly expressed otherwise at the time of buying a subscription by the copyright owner of Graphesent Cloud or a legal entity authorized by the copyright owner of Graphesent Cloud.

If any payment is made to any copyright owner of Graphesent Cloud to buy a subscription, the copyright owner of Graphesent Cloud reserves the right to not refund the payment at all, but may choose to refund completely or refund partially or not refund at all .

Section 13 of 14: Information recording and email

The copyright owner of Graphesent Cloud or any legal entity authorized by the copyright owner of Graphesent Cloud may record the subscriber name, email address or other information related to obtaining or purchasing a subscription for Graphesent Cloud.

The copyright owner of Graphesent Cloud or any legal entity authorized by the copyright owner of Graphesent Cloud may store any information provided to the Graphesent Cloud including but not limited to the the content of Graphesent books, diagrams, charts, flowcharts, or any type of diagram or any type of data.

To the maximum extent not prohibited by applicable law, by obtaining a subscription for Graphesent Cloud, the subscriber gives consent to receive emails or marketing emails, in relationship to Graphesent Cloud or the subscription for Graphesent Cloud, from the copyright owner of Graphesent Cloud or any legal entity authorized by the copyright owner of Graphesent Cloud.

Section 14 of 14: Server communication using internet

Graphesent Cloud may communicate with a web server using internet which may be in the background or not in the background.