Terms and Conditions

Last updated: August 27, 2024

These Terms of Services regulate the use of Our Services. Please take a few minutes to read through this document to make sure You understand what We offer. While We try to be as transparent as possible, if anything here is not clear do not hesitate to contact us.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to GearShift, S.L., a Spanish-based company registered with CIF B19849777.

  • Service refers to any product created and mantained by the Company.

  • You (referred to as either “You” or “Your” in this Agreement) means the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.

  • Device means any device that can access the Services such as a computer, a smartphone, a digital tablet, etc.

  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Services. This Terms and Conditions agreement is a Demo.

Acknowledgment

These are the Terms and Conditions governing the use of the Services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Services.

Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Services.

By accessing or using the Services You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Services.

You represent that You are over the age of 18. The Company does not permit those under 18 to use the Services.

These Terms and Conditions also apply to users procuring Services in the course of business.

Your access to and use of the Services is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use Our Services and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Services.

Our Services may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company 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 the Company 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 the 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.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Services or 100 USD if You haven’t purchased anything through the Services.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Services, third-party software and/or third-party hardware used with the Services, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

”AS IS” and “AS AVAILABLE” Disclaimer

The Services is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Services providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Services; or (iv) that the Services, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of Spain, excluding its conflicts of law rules, shall govern this Terms and Your use of the Services. Your use of the Application may also be subject to other local, state, national, or international laws.

For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident in.

Disputes Resolution

If You have any concern or dispute about the Services, You agree to first try to resolve the dispute informally by contacting Us.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on Our Services. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

By continuing to access or use Our Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Services.

We may update these Terms of Service in the future. Whenever We make a significant change to Our policies, We will also announce them by email to all active users. When You use Our Services, now or in the future, You are agreeing to the latest Terms of Service and Privacy Policy. That’s true for any of Our existing and future products and all features that We add to Our Services over time. There may be times where We do not exercise or enforce any right or provision of the Terms of Service; in doing so, We are not waiving that right or provision. These terms do contain a limitation of Our liability.

Payment, Refunds, and Plan Changes

  1. If You are using a free version of one of Our Services, We do not ask You for Your credit card and — just like for customers who pay for Our Services — We do not sell Your data and never will.

  2. For paid Services that offer a free trial, We explain the length of trial when You sign up. After the trial period, You need to pay in advance to keep using the Service. If You do not pay, We will freeze Your account or some of the Service features.

  3. If You purchase a “lifetime” plan for one of Our Services, You will be granted access to such Services without any time limitation. This does not include new features or updates to the Service. While We will do Our best to keep the Services up and running, We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of Our Services with or without notice.

  4. All pricing information on Our website are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, We will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities

  5. All payments are processed by Our partner Paddle Payments Limited. When You make a purchase You agree to share with Paddle the information necessary to process the payment and the invoicing.

Cancellation and Termination

  1. You can cancel Your account or downgrade to a free plan (if available) at any time by either contacting us or using the corresponding functionalities within the Services.
  2. Access to the Services and to the content You posted within the Services will be inaccessible from the Services immediately upon cancellation. We reserve the right to delete permanently all content from Our systems after 60 days from the cancellation. If You want to export any data before Your account is cancelled, please contact us. Notice that here “content” does not include any data that was synchronized with third-party services (e.g. Your calendar events synchronized with Your calendar provider). This data will remain accessible through such third-party services, granted You can access them by other means than Our Services.
  3. If You cancel the Service before the end of Your current paid up month, Your cancellation will take effect immediately, and You will not be charged again. We do not automatically prorate unused time in the last billing cycle. See Our Refund Policy for more details.
  4. We have the right to suspend or terminate Your account and refuse any and all current or future use of Our Services for any reason at any time. Suspension means You and any other users on Your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of Your account or Your access to Your account, and the forfeiture and relinquishment of all content in Your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. This clause is necessary as safeguard against the abuse of Our Services and normally enforced on exceptional circumstances

Modifications to the Service and Prices

  1. Although We do Our best to support any legacy Services, We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of Our Services with or without notice. If We can offer an alternative solution, for example a new Service of the Company to partially or fully replace the discontinued ones, We will migrate Your account to the new Service.

  2. Sometimes We change the pricing structure for Our products. When We do that, We tend to exempt existing customers from those changes. However, We may choose to change the prices for existing customers. If We do so, We will give at least 30 days notice and will notify You via the email address on record.

Uptime, Security, and Privacy

  1. Your use of the Services is at Your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for Our Services at this time but of course We do take uptime of Our applications seriously.

  2. We take many measures to protect and secure Your data. We minimize the data that We transfer to Our server by keeping data processing on the client side when possible. When data is transferred and/or collected, We take many measures to protect and secure Your data with backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet.

  3. When You use Our Services, You entrust us with some of Your data. We take this as a serious responsibility. You agree that the Company may process Your data as described in Our Privacy Policy and for no other purpose.

  4. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data in the Privacy Policy.

Copyright and Content Ownership

  1. The names, look, and feel of the Services (including but not limited to any images, photographs, animations, video, and text incorporated into the Services) are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes.

  2. You agree not to decompile, disassemble, reverse engineer, modify, reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.

  3. You agree to assign to Morgen AG the full rights over any feedback, feature request or suggestion that You share with us through Our Community board, email, or any other communication channel. This means that Morgen can use Your suggestions to develop, commercialize, promote, and/or patent new features claiming exclusive ownership.

Features and Bugs

  1. We design Our Services with care, based on Our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that Our Services will meet Your specific requirements or expectations. If You are not satisfied with one of Our Services, please let us know. If You have already purchased a paid plan, please refer to Our Refund Policy.

  2. We also test all of Our features extensively before shipping them. As with any software, Our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and We don’t guarantee completely error-free Services.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us: