Effective date
October 20, 2021
These Service Terms and Conditions (“Agreement”) constitute a contract between SIA Notakey Latvia (further Notakey) and you. BY ACCEPTING THIS AGREEMENT OR ACCESSING OR USING THE SERVICE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Agreement includes and incorporates the webpage Order Form with which you purchased the Services and any subsequent Order Forms (submitted in written or electronic form). By accessing or using the Services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company, organization or other entity, you represent that you have such authority to bind such entity and are agreeing to this Agreement on behalf of such entity. If you do not have such authority to enter into this Agreement or do not agree with these terms and conditions, you may not use the Services.
Subscription contract
The subscription grants the Customer the right to use notakey.cloud or Notakey Appliance and services (“the Services”). The subscription may not be used by other people or organizations.
Support
As part of its provision of the SaaS and other Products, Notakey shall make available technical support to Customer. Upon notification from Notakey, Customer shall promptly update any Agents on Customer systems that interact with the SaaS Products. Customer acknowledges and agrees that its failure to timely install such an update may result in disruptions to or failures of the SaaS Products, security risks or suspension of Customer’s access to the SaaS Products, without any liability on the part of Notakey to Customer.
Duration and termination
The monthy or annual subsription runs from the date the Customer makes a payment. The minimum subscription period is one month. A discount is applicable for annual prepayment.
The Customer may terminate any subscription free of charge, subscription will end at the end of the active month. Subscription fee for the full month will be charged.
Notakey may suspend Customer’s access to the Services, Software, Mobile Apps and/or Customer’s Account, on the following grounds: (i) late payment/non-payment of undisputed Fees (ii) non-renewal of the Services by Customer; (iii) Such suspension will in no way affect Customer’s other obligations under this Agreement.
Free Trial Customers. Upon the expiration of Customer’s free trial, Notakey may immediately suspend Customer’s access to the Services.
Operating Stability
Notakey aims to provide the highest possible degree of operating stability, but is not responsible for any breakdown caused by factors beyond its control.
Confidentiality
Each party will protect the other’s Confidential Information from unauthorized use, access, or disclosure in the same manner as it protects its own Confidential Information of similar nature or importance, and in any event, using no less than reasonable care. Except as otherwise expressly permitted pursuant to this Agreement, the receiving party may use the disclosing party’s Confidential Information solely to exercise its respective rights and perform its respective obligations under this Agreement, and will disclose such Confidential Information solely to those of its respective employees, representatives and agents who have a need to know such Confidential Information for such purposes and who are bound by obligations to maintain the confidentiality of, and not misuse, such Confidential Information. The provisions of this section will supersede any non-disclosure agreement by and between the parties entered into prior to this Agreement that would purport to address the confidentiality of any information shared by the parties, including Customer Data, and such agreement will have no further force or effect with respect to the foregoing. If the receiving party is required by law or court order to disclose Confidential Information of the disclosing party, then the receiving party will, to the extent legally permitted, provide the disclosing party with advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The receiving party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the receiving party, the disclosing party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law.
Disclaimers and Limitations of Liability.
Except as specifically set forth above, nothing in these Terms confers, by implication, estoppel, or otherwise, any license or right under any trade secret, patent, trademark, copyright, or other intellectual property right of Notakey or any third party. All rights not expressly licensed are reserved.
Although we have attempted to provide accurate information on our Site, we assume no responsibility for the accuracy of the information.
Our Site contains links to third party sites. We provide these links merely as a convenience and the inclusion of such links does not imply any endorsement of their content. Access to any other site linked to this Site is at your own risk and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on such sites.
You are solely responsible for maintaining the confidentiality of your account, registration, and password information. We may change the programs or products mentioned at any time without notice.
About Our Terms
We reserve the right to change these Terms from time to time at our sole discretion. Please check this page periodically for any updates.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.
If you or others violate these Terms and we take no immediate action, this in no way limits or waives our rights, such as our right to take action in the future or in similar situations.
