Terms and Conditions

Please read these terms and conditions carefully before using Our Software and/or Services for Microsoft 365/SharePoint. Using this Software and/or Service indicates your acceptance of this Agreement’s terms. If you do not agree with any of the terms, do not use Our Software and/or Services.

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:
• Software means any software program provided by the Company downloaded by You on any electronic device.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Spain
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Richard McElroy, Calle Barrena 22, 20600 Eibar, Gipuzkoa.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Services refers to any non-downloadable software program made available by the Company.
• 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 Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Software or Services.
• You means the individual downloading the Software or accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Software or Services, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of the Software and 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 Software and Services.

Your access to and use of the Software and 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 Software or Services.

By accessing or using the Software or 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 Software or Services.

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

Your access to and use of the Software and 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 the Software, Services or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

Our website, Software and 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.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Software and Services will cease immediately.

License

For Software purchased or downloaded for free from Our website You are granted a license to use the Software for personal use or in your business or profession. Registration details entered to download Software may be verified from within the Software.

Ownership and Title of the Software remains with the Company.

You may not make copies, reproductions, translations or modifications of or to the Software, except you may make a single archive copy of the Software. The same copyright notice and proprietary marking as appears on the original Software must be contained on the archive copy.

Copies of the Software and/or its documentation may not be distributed to anyone without written authorization from the Company.

You may not disassemble, create derivative works, modify, reverse engineer, adapt, decompile, or translate the Software.

You may not adapt, create derivative works, or translate any part of the documentation without the prior written consent of the Company.

You may not lease, rent, transfer, assign, or sell the Software to any other person.

You are granted a nonexclusive right to use the Software on any Sharepoint Server within your enterprise or on a Microsoft 365 tenant where You are the sole license holder.

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 Software or 100 Euros if You haven’t purchased anything through the Software or 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 Software or Services, third-party software and/or third-party hardware used with the Software or 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 Software and Services are 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 service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software and 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 Software and 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 Software and Services, or the information, content, and materials or products included thereon; (ii) that the Software and Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software and Services; or (iv) that the Software and 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 the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Software or Services may also be subject to other local, state, national, or international laws.

Disputes Resolution

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

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.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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 Software or Services. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts 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 Software or 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, Software and the Services.

Contact Us

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

• By email: support@jarmit.com