Terms of Use

Last updated: March 16, 2017.

By accessing or using the Chargeberry product, the Chargeberry website, or application made available by Chargeberry (together, the "Service"), you agree to be bound by these terms of use ("Terms" or “Agreement”). The Service is owned and controlled by Kromtech Alliance Corp. ("Kromtech"). If you do not agree to be bound by all of these Terms, you should not access or use the Service.

General Terms

The Service is available only to individuals who are at least 13 years old. You represent and warrant that if you are an individual, you are at least 13 years old, you are of legal age to agree to these Terms, or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. Kromtech may in its sole discretion terminate the Agreement with any person or entity and change its eligibility criteria at any time. This provision is valid to the fullest extent permitted by the applicable jurisdiction.

Restrictions

  • You must not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations that are applicable to your use of the Service.
  • You must not change, modify, adapt, or alter the Service or change, modify, or alter another website so as to falsely imply that it is associated with the Service.
  • You must not use, display, mirror, or frame the Service or any individual element within the Service, Chargeberry’s name, Chargeberry trademark, logo, or other proprietary information, or the layout and design of any page or form that is contained on a page.
  • You must not attempt to decipher, decompile, disassemble, or reverse engineer any of the software that is used to provide the Service.
  • You must not attempt to probe, scan, or test the vulnerability of any Chargeberry system or network or breach any security or authentication measures.
  • You must not avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure that is implemented by Kromtech or any other third-party to protect the Service.
  • You must not send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation.
  • You must not use the Service or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner that is not permitted by these Terms.
  • You must not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
  • You must not impersonate or misrepresent your affiliation with any person or entity.

Taxes

Kromtech has no control over any applicable sales taxes that are required by law. The recipient of an international shipment may be subject to import taxes, customs duties, and other fees. Please contact your local customs office to get more detailed information about any applicable import taxes and possible shipment delays that are related to it.

Rights and Terms for Software

Kromtech grants you a non-exclusive license to use the Chargeberry software only in accordance with the terms and conditions that are set forth herein. You agree not to transfer, assign, rent, lease, sublicense, or lend the Chargeberry software to any other person or entity, except as expressly provided herein, and that any attempt to do so in any other way can be regarded as a violation of these Terms and rights of Kromtech.

Copyright and other intellectual, industrial, and/or proprietary rights to the Chargeberry software and to any entire or partial copies that you make are owned by Kromtech or its licensors. Kromtech permits you to use the Chargeberry software only in accordance with the terms of this Agreement. All rights that are not specifically granted by Kromtech are reserved by Kromtech. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to reveal the mechanism/principle of functionality or modify the functionality, or to allow any third party to make benchmark or other tests of the Chargeberry software except for those uses that are allowed in this Agreement. Kromtech is willing to provide you with necessary information to be able to perform tasks regarding compatible programming at reasonable terms. You agree not to remove any label indicating that Kromtech is the subject of copyright and other intellectual, industrial, or proprietary rights of Kromtech and/or third parties.

You agree not to replace or modify in any way libraries and resources that are included in the Chargeberry software.

Disclaimer of Warranties

The Service is provided on “AS IS” basis. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of dealing or usage of trade. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Product and the software that is associated with it.

Limitation of Liability

You acknowledge and agree that to the fullest extent permissible by law neither Kromtech nor any of its affiliates, its or their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors shall be liable for any loss or damage of any kind, direct or indirect, including, but not limited to compensatory, consequential, incidental, direct, indirect, special, exemplary, or punitive damages, in connection with or arising from use of Chargeberry or otherwise in connection with these Terms. In all cases, Kromtech's entire liability under any provision of this license shall be limited to the amount that is actually paid allocable to the associated product. Some jurisdictions do not allow the exclusion of or certain limitations on damages and remedies. Accordingly, some of the exclusions and limitations described in these Terms may not apply to you.

Indemnification

You agree to defend Kromtech, its affiliates, and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, licensors, representatives, operational service providers and suppliers against any and all claims, demand and/or actions and indemnify and hold Kromtech, its affiliates and its and/or their respective successors and assigns, as well as their respective officers, directors, employees, agents, representatives, suppliers, licensors and contractors harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from your breach or violation of these Terms, infringement, misappropriation, or your violation of the rights of any other party, your violation or non-compliance with any law or regulation, or your alteration or export of Chargeberry. Kromtech reserves the right to assume, at its expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Kromtech upon its request.

Changes to Terms or Service

We may modify the Terms from time to time, in our sole discretion. We’ll let you know either by posting the modified Terms on the website or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Service after we have posted modified Terms on the website, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Service. Because our Service is evolving, over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

Links to Third-Party Websites or Resources

The Service may contain links to third-party websites. We provide these links only for your convenience and are not responsible for the content, products, or Service on or available from those websites, resources, or links that are displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites.

Governing Law and Jurisdiction

You acknowledge and agree that this Agreement shall be construed and enforced in accordance with the laws of United Kingdom, to the exclusion of the conflicts of laws provisions thereof. If any disputes, differences, or controversies arise between you and Kromtech in connection with this Agreement, you shall thoroughly explore all possibilities for the amicable settlement. If an amicable settlement cannot be reached, all disputes, differences, or controversies shall be determined by arbitration administered by the International Centre for Dispute Resolution® according to its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). The language of the arbitral proceedings shall be English.

Termination

We may terminate your access to and use of the Service at our sole discretion, at any time, and without notice to you. Upon any termination, discontinuation, or cancellation of the Service, all provisions of these Terms that by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Contact Information

If you have any questions or suggestions, you can contact Chargeberry Support Team at support@chargeberry.com.