Last updated: March 06, 2018
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with http://www.toolabs.com website (the "Service") operated by Toolabs OÜ ("us", "we", or "our").
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Toolabs OÜ cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Toolabs OÜ customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide Toolabs OÜ with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Toolabs OÜ to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Toolabs OÜ will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Toolabs OÜ may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by Toolabs OÜ until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, Toolabs OÜ reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Toolabs OÜ, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Toolabs OÜ will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement ("Infringement") of any person.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, you must submit your notice in writing to the attention of "Copyright Infringement" of email@example.com and include in your notice a detailed description of the alleged Infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Toolabs OÜ and its licensors. The Service is protected by copyright, trademark, and other laws of both the Estonia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Toolabs OÜ.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Toolabs OÜ.
Toolabs OÜ has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Toolabs OÜ shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In no event shall Toolabs OÜ, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You can NOT use Toolabs or any of our sites, services or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following content:
a. Adult content: This includes images or videos that contain nudity or sexual activity, or any commercial activity linked to making money from adult content such as escort agencies.
b. Exploitation of children: This includes images or videos depicting children in a way that encourages or promotes attraction towards children.
c. Hate speech: This includes content that supports or condones violence or discrimination against individuals based on race, ethnicity, religion, disability, age, gender, nationality, sexual orientation or gender identity.
d. Incitement of violence: This includes content that threatens, or that is intended to incite, violence against an individual or group of individuals.
e. Harassment: This includes any form of harassment or bullying against an individual or group of individuals.
f. Defamation: This includes any untruthful comments about a person that has the tendency to lower their estimation in the eyes of others.
g. Copyright and third party intellectual property: Using the Toolabs sites, products or services in violation of the copyright or other intellectual property rights of others is not acceptable, and is illegal, so please don’t do that. For more information report intellectual property infringement please see the “Toolabs Privacy Policiy” and “Terms & Conditions”.
h. Offensive content: This includes content that would cause offence to a reasonable person, including content that is posted for shock value.
i. Fraudulent, misleading or deceptive conduct: This includes making statements about your own products or services that are not accurate or impersonating others. You must also not use a false email address or misrepresent your affiliation with others. You must not use information gathered from or through the Toolabs sites, service or products in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites). You must also not use a false email address or misrepresent your affiliation with others.
You can NOT use Toolabs or any of our sites, services or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following activities:
a. Supply of regulated goods and services: This includes the supply of weapons, gambling or adult escort services.
b. Illegal activities: This seems like a no brainer but using Toolabs, products or services for any dangerous or illegal content or other purposes is NOT acceptable. You should always ensure you’re aware and comply with any applicable laws in Europe, Asia, Australia, America, Africa or other jurisdictions you are located in or doing business in.
c. Illegal activities which cause harm to Toolabs products or services or brand or others: Unacceptable content or links which might cause harm to the Toolabs products or services or brand or others is definitely not acceptable. This includes pirated software, programs or archives that provide the functionality to gain unauthorised access to other systems or networks of any kind, Warez sites, files or web pages that contain viruses, trojans, malware or other applications designed to access a user’s equipment or information with illegal intentions and/or without the knowledge of the user. You must not modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through Toolabs sites, services or products, other than in accordance with these terms or the license for the item.
Toolabs is founded on the idea of community and like any functioning and healthy community, some things are not acceptable. It’s not acceptable to:
a. attempt to gain unauthorised access to computer systems or content through the Toolabs sites, service or products
b. attempt to contact other members through the Toolabs sites, services or use any information gained from the Toolabs sites or services with the intention to make a private arrangement that would otherwise be made using the Toolabs sites, services or products;
c. enter any arrangements that are not consistent with, or are intended to apply in addition to, these terms;
d. use information gathered from or through the Toolabs sites, service or products in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like one of our sites);
e. attempt to or actually interrupt, negatively impact or alter the Toolabs sites, service or products operation in any way.
Reporting abuse: Please report suspected policy violations to us using the ’Report Abuse’ by emailing us at firstname.lastname@example.org.
We will try and ensure fair outcomes for any content or use we deem as NOT acceptable. If you’re not sure whether your content or intended use of our services is acceptable then please contact us to discuss.
If you have breached this acceptable use policy then we may, in our absolute discretion and without notice:
a. request that you immediately remove the content which we view is NOT acceptable;
b. immediately suspend or terminate any accounts you have with any of the Toolabs businesses;
c. immediately stop providing you with the services, including hosting your website;
d. in serious cases such as those involving the abuse of children, or other illegal activity, report you to the appropriate authorities.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Toolabs OÜ its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.