These Terms and Conditions of Service (Service Terms) apply in relation to the use of the Services (as defined below) accessible via the Bolsterup Platform at bolsterup.co & app.bolsterup.co between Bolsterup Contech Limited (Company, we, us) and you as the Customer (Customer, you). The Company and the Customer are together referred to as Parties.
1.1 Company details. Bolsterup Contech Limited is a limited liability company incorporated in the Republic of Cyprus with registration number HE 434308 and its registered office at Lord Byron, 36, Office 204, 1096 Nicosia, Cyprus
1.2 Contact us. To contact us, email us at firstname.lastname@example.org.
2.1 These Service Terms apply to the provision of the Services by us to you and our relationship in relation to the Services.
2.2 Other applicable terms. There are other terms that apply to your relationship with us:
(b) Cookies Policy on how we place cookies
(d) Applicable Use Policy
These Services Terms together with any other policies and terms referred to herein, which are hereby incorporated by reference, constitute the “Agreement”. Any appendices and attachments form integral part of these Services Terms.
2.3 Entire agreement. Other than any terms and policies that we explicitly refer to in these Service Terms to apply in relation to the Services, you agree that no other terms apply or are herein incorporated, either express or implied by law, trade custom, practice, or course of dealing. You also acknowledge that the Agreement is the entire agreement between you and us in relation to the Services. You acknowledge that you have not relied on any statement, promise, representation or warranty that is not set out in the Agreement.
2.4 The Company reserves the right to modify the Service Terms at any time and for any reason. The Company will post the most current version of these Service Terms on its website. The modified Service Terms will be effective upon being posted on the Company’s website. Regardless, if the Company makes material changes to the Service Terms, it will try its best (although it is not required so) to notify the Customer via the Bolsterup Platform or via email. Notwithstanding the foregoing, the Customer is responsible for complying with the updated terms posted online on the Company’s website and it undertakes to review these terms regularly.
3.1 These definitions apply in this agreement.
Account: the account setup by the Customer at the Bolsterup Platform to access and use the Services.
Authorised Users: those employees, agents and independent contractors of the Customer who are authorised by the Customer to use the Services and the Documentation on behalf of the Customer.
Bolsterup Platform: the web-based application accessible and available at www.bolsterup.co through which the Company offers the Services and Customers can access and use the Services.
Business Day: a day other than a Saturday, Sunday, or public holiday in the Republic of Cyprus when banks are open for business.
Confidential Information: information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in clause 16.
Customer: the customer of the Company who pays the Subscription Fees to the Company to obtain the User Subscriptions for the Authorised Users to use the Services.
Customer Data: any content, materials, data, information, and other material that the Customer or its Authorised Users or the Company at the Customer’s request (or its Authorised Users’ request) enter into the Services (which might include personal data). Customer Data does not include any component of the Services or material provided by or on behalf of the Company. Without limiting the foregoing, the Customer Data includes the material that the Customer or the Authorised Users input in the Services relating to real estate and construction projects, products, services, contribution and contribution type, for the purpose of building, showcasing, displaying and making their portfolio available to other Bolsterup Platform users and the general public (visitors of the Bolsterup website), as part of the Services.
Customer Data include but are not limited to details uploaded by Customers in relation to projects and project contributions, contribution types, and description of products concerning the construction, architecture, real estate, engineering, and other relevant and connected industries and sectors.
For the avoidance of doubt, Customer Data does not include any document or other data a Customer uploads which is used and submitted for the purpose of setting up its Account, verifying its contributions, projects, and products, or any other information explicitly labeled as confidential via a specific functionality in the Bolsterup Platform or otherwise.
Documentation: the technical, functional and operational documentation for the Services, as applicable at the time, made generally available by the Company.
Effective Date: the date of this agreement.
Initial Subscription Term: the initial subscription term in accordance with the Subscription Plan starting from the Effective Date.
Normal Business Hours: 9.00 am to 5.00 pm local Cyprus time, each Business Day.
Renewal Period: The period of relevant subscription period based on the Subscription Plan after the Initial Subscription Term. Unless otherwise agreed, the agreement shall be automatically renewed for successive periods of Renewal Periods in accordance with the Subscription Plan.
Services: the services provided by the Company to the Customer under the Agreement via the Bolsterup Platform at www.bolsterup.co or any other website notified to the Customer by the Company from time to time, which consists of a professional-user-based business solution whereby Customers, 1) may upload content relating to their business in order to create, update, display, showcase and make their business portfolio available to other Customers of the Bolsterup Platform and Services, and the general public through a relevant functionality implemented by the Company, 2) interact with other Customers of the Bolsterup Platform and Services, 3) find relevant information uploaded on the Bolsterup platform by other Customers or the Company, and 4) any other services and functionalities that may be made available by the Company via the Bolsterup Platform. Instructions on the content of the Services is available on the Bolsterup website.
Software: the online software provided by the Company for the provision of, and as part of, the Services.
Subscription Fees: the subscription fees payable by the Customer to the Company under this agreement.
Subscription Plan: the subscription plan obtained by the Customer, as such plans are made available on the Platform.
Subscription Term: the Initial Subscription Term together with any subsequent Renewal Periods shall constitute the Subscription Term.
User Subscriptions: the user subscriptions purchased by the Customer which entitle Authorised Users to access and use the Services in accordance with this agreement.
Virus: any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.
3.2 Clause, schedule and paragraph headings shall not affect the interpretation of this agreement.
3.3 A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns.
3.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
3.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
3.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
3.7 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this agreement.
3.8 A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this agreement under that statute or statutory provision.
4.1 he Company will provide the Services to the Customer in accordance with the terms of the Agreement.
4.2 Subject to the Customer purchasing the User Subscriptions based on the terms of the Agreement, the Company grants the Customer a worldwide, limited, non-exclusive, non-transferable right and licence, without the right to grant sublicenses, during the Subscription Term to permit the Authorised Users to use the Services and Documentation for the Company’s business operation.
4.3 The Customer must ensure that the Authorised Users comply with all of the Customer’s obligations under the Agreement.
4.4 Authorised Users will act on behalf of the Customer. The Customer is responsible for the Authorised Users’ acts and omissions as if they were the Customer’s.
4.5 The Company will designate the maximum number of Authorised Users that are permitted to access and use the Services and Documentation under the available User Subscriptions. The Customer undertakes to ensure that this number is not exceeded.
4.6 The Customer undertakes that:
(a) only the designated Authorised User will be permitted to access and use the Services and Documentation, unless the right to such access and use has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access or use the Services and Documentation.
(b) each Authorised User shall keep a secure password for their use of the Services and Documentation and that each Authorised User shall keep their password confidential.
(c) it will comply with Clause 4.5 and inform the Company of the new designation, where a new Authorised User is designated in the place of an old Authorised User.
(d) the maximum number of Authorised Users that it authorises to access and use the Services shall not exceed the number of User Subscriptions it has purchased from time to time;
(e) it will not allow or suffer any User Subscription to be used by more than the number of Authorised Users;
(f) it shall permit the Company to audit the Services in order to establish the name of each Authorised User. Such audit may be conducted no more than once per quarter, at the Company’s expense, and this right shall be exercised with prior notice, in such a manner as not to substantially interfere with the Customer's normal conduct of business;
(g) if any of the audits reveal that any password has been provided to any individual who is not an Authorised User, then without prejudice to the Company’s other rights, the Customer shall promptly disable such passwords and the Supplier shall not issue any new passwords to any such individual.
5.1 The Customer shall not access, store, distribute, upload, submit or transmit any Viruses, or any material during the course of its use of the Services, including the Customer Data, that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) is discriminatory based on race, sex, gender, colour, religious belief, sexual orientation, disability;
(f) is otherwise illegal or causes damage or injury to any person or property; or
(g) infringes the intellectual property rights of any third party; or
(h) in any way contravenes the Acceptable Use Policy.
The Company reserves the right, without liability or prejudice to its other rights, to disable the Account, or access to any material that breaches the provisions of this clause or remove any material that the Company finds in its opinion inconsistent, or in breach with the terms of the Agreement, including the Applicable Policy.
5.2 Whenever the Customer makes use of a feature that allows it to upload content to the Bolsterup Platform and the Services, or to make contact with other users of the Services, the Customer must comply with the content standards set out in our Acceptable Use Policy.
5.3 The Company reserves the right to disclose the Customer’s name to any third party who claims that the content posted by the Customer to the Bolsterup Platform and Services (including the Customer Data) constitutes a violation of their intellectual property rights or of their right to privacy.
5.4 The Customer shall not:
(a) Except as may be allowed by any applicable law which cannot be excluded by agreement between the parties and except to the extent expressly permitted under this agreement:
i. attempt to copy, modify, duplicate, create derivative works from, frame, mirror, public or republish, download, display, transmit, or distribute all or any portion of the Services, Software and/or Documentation in any form or media or by any means;
ii. attempt to de-compile, reverse compile, disassemble, reverse engineer, or otherwise reduce to human intelligible or readable form all or any part of the Services or Software, or attempt to derive source code or other trade secrets relating to the Services or Software.
(b) use the Services or allow access to the Services in a way that breaches or circumvents or contravenes any contractual usage restrictions or that exceeds its authorised use as set forth in the Agreement;
(c) licence, sub-licence, sell, re-sell, rent, lease, transfer, assign, distribute, time share, commercially exploit, or otherwise make any part of the Service or Documentation available for access by third parties except as otherwise expressly provided in the Agreement;
(d) access all or any part of the Services and Documentation in order to build, develop, or operate a product or service, or build, develop or operate, or attempt to build, develop or operate a product or service which competes with the Services and/or the Documentation;
(e) use the Services and/or Documentation to provide services to third parties, unless otherwise provided in the Agreement;
(f) attempt to obtain, or assist third parties in obtaining, access to the Services and/or Documentation, including any competitor of the Company, other than as provided in the Agreement;
(g) fail to use commercially reasonable efforts to avoid interference with or disruption to the integrity, operation, performance, or use or enjoyment by others of the Services;
(h) use the Services to create, use, send, store, or run any Virus or other harmful codes, files, scripts, agents or programs.
i. use the Services and/or Documentation in a way that violates, infringes, or contravene the rights of a third party that have to do with, among others, contract, intellectual property, publicity, privacy or confidentiality.
5.5 The Customer shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Services and/or Documentation and, in the event of any such unauthorised access or use, promptly notify the Company.
6.1 The Company shall, during the Term, provide the Services and make available the Documentation to the Customer on and subject to the terms of the Agreement.
6.2 The Company may if agreed between the parties, provide the Customer with standard customer support services during Normal Business Hours, as part of the Services at the fee agreed.
6.3 The Company may in its sole discretion update and change the Services to improve performance, enhance functionality, reflect changes to its systems or address security issues.
7.1 The Customer shall own all right, title and interest in and to all the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
7.2 In connection with the Customer Data, the Customer hereby acknowledges and agrees that it is non-confidential and hereby grants the Company:
(a) a worldwide, non-exclusive, royalty-free, transferable and fully sublicensable right to host, access, use, reproduce, modify, adapt, publish, translate, distribute, copy, prepare derivative works of, display, and perform the Customer Data throughout the world on the Bolsterup Platform or in any other form, media, or technology now known or hereafter developed, in connection with the Services, including to promote the Services and the Bolsterup Platform or the Company, to expire when the Customer deletes the Customer Data from the Bolsterup Platform; and
(b) a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the Customer only within the Bolsterup Platform and only in accordance with the functionality of the Bolsterup Platform, to expire when the Customer deletes the Customer Data from the Bolsterup Platform.
7.3 The Customer may remove the Customer Data and any content it uploads on the Bolsterup Platform individually or all at once by deleting its account.
7.4 The Customer represents and warrants that:
(a) it owns, or has the requisite license, or otherwise controls all rights to the Customer Data;
(b) the Customer Data is truthful and accurate; and
(c) use of the Customer Data does not violate this Agreement or any applicable laws.
7.5 The Customer acknowledges and agrees that:
(a) the Company may or may not, at its own and sole discretion, pre-screen any Customer Data before it appears on the Bolsterup Platform, but that it has no obligation to do so.
(b) the Company reserves the right (but does not in any way assume any obligation) in its own and sole discretion to reject, move, edit, or remove any content submitted or purported to be submitted to the Bolsterup Platform by the Customer including the Customer Data.
Without limiting the foregoing, the Company has the right to remove any Customer Data that violates the Agreement or is otherwise non-acceptable or objectionable in our own and sole discretion.
7.6 Some products, contributions, projects, and contribution types uploaded by the Customer to the Platform may be marked as verified or other equal, equivalent, or similar mark (Verified Contribution). This merely means that they have been verified, i.e., that they have gone through a minimal and standard check by the Company that they do not appear or seem to infringe other contributions made by other Customers to the Bolsterup Platform.
7.7 The Customer acknowledges and agrees that the Company enables users of the Bolsterup Platform (Customers) to upload content on the Bolsterup Platform that other users may view on the Bolsterup Platform or on any website, or other media of the Company or any other third party.
The Customer acknowledges and agrees that:
(a) the Company does not verify, adopt, ratify, endorse, or sanction, or make any representation or undertake any warranty whatsoever in connection with, the Customer Data, including but not limited to Verified Contributions, or any content uploaded or inputted to the Bolsterup Platform by any customer of the Bolsterup Platform regardless if they are verified or not.
(b) the views expressed in any Customer Data, including but not limited to Verified Contributions, or any content uploaded or inputted to the Bolsterup Platform by any customer of the Bolsterup Platform do not represent the views or values of the Company, regardless if they are verified or not.
7.8 The Customer agrees to evaluate and bear all risks associated with the use of any content made available on the Bolsterup Platform, including but not limited to, Customer Data, and any other content, material and data submitted to the Bolsterup Platform by any other customer of the Bolsterup Platform, and evaluate and bear all risks associated with the Customer’s reliance on the accuracy, completeness or usefulness of any content made available on the Bolsteurp Platform, including but not limited to the Customer Data and any other content, material and data submitted to the Bolsterup Platform by any other customer of the Bolsterup Platform.
7.9 Customers acknowledge, agree and accept that it is not the Company’s responsibility and liability, and the Company does not undertake any such responsibility and liability to ensure that the Customer Data and any other content, material and data submitted to the Bolsterup Platform, regardless of if it is verified or not, or if it is uploaded by other Customers or by the Company, are reliable, accurate, complete, useful, or that they do not infringe the intellectual property rights, or other rights, of any third party.
7.10 The Company shall not be held liable if someone uploads or submits or shares any Customer Data or any other content, material and data to the Platform, including any Verified Contribution, in breach of the Terms or without the requisite power, license, and authority. It is each Customer’s own sole responsibility to verify the Customer Data and any other material on the Platform, regardless of if it is verified or not, or if it is uploaded by other Customers or by the Company.
7.11 In the event of any loss or damage to Customer Data, the Customer's sole and exclusive remedy shall be for the Company to use reasonable commercial endeavours to restore the lost or damaged Customer Data from the latest back-up of such Customer Data maintained by the Company.
7.12 The Company shall not be responsible for any loss, destruction, alteration or disclosure of Customer Data caused by any third party.
7.13 The Company has no obligation to protect Customer Data, including personal data, where the Customer elects to store or transfer such data outside the Services (such as, offline).
8.1 The Customer acknowledges and agrees that the Company may display, consolidate, generate, publish, or otherwise make accessible and visible via the Bolsterup Platform and Services to the Customer and other customers of the Bolsterup Platform, content that is available online, via public or private sources (Online Content).
8.2 Notwithstanding the generality of any other clause in the Agreement, the parties agree that:
(a) the Company makes no representation and undertakes no warranty whatsoever as to the truthfulness, accuracy, usefulness, source, legality, reliability, integrity, quality, or completeness of the Online Content;
(b) the Customer acknowledges and agrees that the Company does not verify, adopt, ratify, endorse, or sanction, or make any representation or undertake any warranty whatsoever in connection with the Online Content;
(c) the views expressed in any Online Content do not represent the views or values of the Company; and
(d) the Customer shall evaluate and bear all risks associated with the use of the Online Content, and evaluate and bear all risks associated with the Customer’s reliance on the accuracy, completeness or usefulness of the Online Content.
9.1 The Customer agrees to register an Account to purchase the User Subscriptions and make use of the Services by submitting the information that the Company may request in its sole discretion.
9.2 The Customer undertakes to notify the Company without undue delay where the Account is violated or where the Customer suspects any violation of the Account.
9.3 The Customer undertakes to provide true and complete information and data during the Account registration process and keep them updated throughout the use of the Services.
9.4 Any personal data submitted for the registration process will be processed in accordance with the Agreement.
9.5 The Customer and Authorised Users must keep their account name, username, password and any other authentication codes confidential and safe, and comply with all terms of the Agreement relating to the security of their Account details.
11.1 The Company undertakes that the Services will be performed in accordance with the Documentation with reasonable skill and care. This undertaking shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Company’s instructions, or modification or alteration of the Services by any party other than the Company or the Company’s duly authorised contractors or agents.
11.2 The Company will use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for:
(a) planned maintenance carried out during the non-working hours and/or during the weekends; and
(b) unscheduled maintenance carried out when it is deemed necessary, according to the circumstances and the seriousness of the necessity which arises from time to time.
11.3 Notwithstanding the foregoing in clause 11.2, the Company does not warrant that:
(a) the Customer's use of the Services will be uninterrupted or error-free; or that the Services and/or the information obtained by the Customer through the Services will meet the Customer's requirements;
(b) the Services, Documentation will meet the Customer's requirements or business objectives; or
(c) the Software or the Services will be free from or Viruses.
11.4 The Company is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
12.1 The Customer shall:
(a) provide the Company with, all necessary co-operation in relation to the Agreement; and all necessary access to such information as may be required by the Company, in order to provide the Services, security access information and configuration services;
(b) without affecting its other obligations under this agreement, comply with all applicable laws and regulations with respect to its activities under the Agreement;
(c) carry out all other Customer responsibilities set out in this agreement in a timely and efficient manner;
(d) ensure that the Authorised Users use the Services and the Documentation in accordance with the terms and conditions of the Agreement and shall be responsible for any Authorised User's breach of this agreement;
(e) obtain and shall maintain all necessary licences, consents, and permissions necessary for the Company, its contractors and agents to perform their obligations under the Agreement, including without limitation the Services;
(f) ensure that its network and systems comply with any relevant specifications that may be provided by the Company from time to time; and
(g) be solely responsible for procuring and maintaining its network connections and telecommunications links from its systems to the Company’s data centres, and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to the Customer's network connections or telecommunications links or caused by the internet.
12.3 The Customer agrees to comply with the Applicable Use Policy in using the Services.
12.4 The Customer is solely responsible to check that the Services meet its requirements.
12.5 The Customer acknowledges, accepts, and agrees that the Bolsterup Platform, the Services and any content thereon do not constitute or offer advice on which it should rely. The Customer undertakes to obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Bolsterup Platform and the Services.
12.6 The Customer warrants that it has the requisite power, license, and authority to enter into this agreement, use the Services, and upload, interact with, and submit any Customer Data with the Platform.
12.7 The Customers undertake that, if any submission, upload, and display of Customer Data on the Services and Platform constitutes a promotional or marketing activity under any law applying to the Customer or any third parties reached by the said activity:
(a) any such promotional or marketing activity conducted through the Services and Bolsterup Platform will be in accordance with any applicable advertising guidelines or laws that may apply to them or any third parties reached by the Customer’s promotion and marketing. The Customers, and not the Company, are solely responsible for any endorsements or testimonials Customers make regarding any product, project, contribution or service through the Services and Bolsterup Platform. Within this scope, Customers agree to disclose with the Company or any other person any marketing relationships they have that are subject to disclosure under applicable law, and
(b) to only promote, administer, or conduct any such promotions on, or through the Services and Bolsterup Platform based on these terms:
i. relevant promotions may only be carried out to the extent permitted by law, and must comply with any and all applicable laws, obligations, guidelines, professional body rules and guidelines, and restrictions;
ii. Customers will be responsible for all costs, expenses, and aspects of the relevant promotions in the applicable jurisdiction(s), including, without limitation, the execution, administration, and operation of the said promotion, and obtaining all necessary third-party permissions and approvals. If the Company reasonably believes that any promotion by Customers does not comply with these Terms or applicable law, we may remove it from the Bolsterup Platform;
iii. The Company is not responsible for, nor does it endorse or support any such promotions.
iv. Customers will ensure that it is clear that any promotion is theirs or their licensees and that the Company is not sponsoring or co-sponsoring it.
12.8 It is the sole responsibility of the Customers to determine whether their use of the Services qualifies as promotion or marketing or equivalent activity and obtain relevant licenses, if required, and comply with all applicable laws.
13.1 The Customer shall pay the Company the Subscription Fees purchase the User Subscriptions, as such Fees are provided on the Company’s website or as otherwise provided by the Company.
13.2 The Initial Subscription Term begins as soon as the Customer’s initial payment of the Subscription Fees is processed. The Customer will be charged in one lump sum the Subscription Fee stated at the time of purchase, plus any applicable taxes. The Initial Subscription Term, and each Renewal Term thereafter, will renew automatically without notice each Subscription Term until the Customer cancels.
13.3 The Customer authorises the Company and any of its payment providers to store its payment method(s) and automatically charge the payment method(s) for every Subscription Term (on the anniversary of the initial payment date) until the Customer cancels. The Company or any payment provider will automatically charge the Customer the then-current and applicable Subscription Fees for the User Subscription, plus applicable taxes until the Customer cancels.
13.4 The Company may change the applicable Subscription Fee. The Company will notify the Customer of any rate change with the option to cancel.
13.5 The Company reserves the right to request a backup payment method from the Customer. If the primary method fails, the Customer authorises the Company to charge the said backup method.
13.6 If the Customer fails to provide a backup method and fails to provide payment or if all payment methods fail:
(a) the Company may, without liability to the Customer, disable or suspend the Customer's password, account and access to all or part of the Services and the Company shall be under no obligation to provide any or all of the Services while the payment remains due; and
(b) interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of the Company’s bankers in the Republic of Cyprus from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
13.7 All amounts and fees stated or referred to in this agreement:
(a) shall be payable in the currency provided on the Bolsterup Platform;
(b) are non-cancellable and non-refundable; and
(c) are exclusive of value added tax (V.A.T) and any other taxes.
14.1 The Customer and any Authorised User should not include personal data related to an identifiable person in any Customer Data or any content uploaded on the Bolsterup Platform.
14.3 If the Customer enters personal information in the Bolsterup Platform, the Customer is responsible for obtaining a legal basis for processing the information so that the personal data can be used and redistributed by the Company and other users of the Bolsterup Platform and Services as allowed by the Company. When submitting personal information by using the Bolsterup Platform, the Customer is responsible for obtaining consent from the person who the information concerns for the personal information to be used and redistributed by the Company and other users of the Bolsterup Platform.
14.4 The Customer shall not in any case upload or enter any sensitive information into the Bolsterup Platform. If it does so, the Customer agrees to get the person the information applies to, to enter such information into the platform themselves.
14.5 If at any point, the Company processes personal data on behalf of the Customer, the Customer undertakes to execute a Data Processing Agreement with the Company in accordance with the General Data Protection Regulation.
15.1 The Customer acknowledges and agrees that the Company and/or its licensors own all intellectual property rights in the Services and the Documentation. Except as expressly stated herein, this agreement does not grant the Customer any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Documentation.
15.2 As between the Company and the Customer, the Customer shall own all right, title and interest in and to all the Customer Data, subject to the licence rights granted in this agreement.
16.1 Each party may be given access to Confidential Information from the other party in order to perform its obligations under the agreement. A party's Confidential Information shall not be deemed to include information that:
(a) is or becomes publicly known other than through any act or omission of the receiving party;
(b) was in the other party's lawful possession before the disclosure;
(c) is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
(d) is independently developed by the receiving party, which independent development can be shown by written evidence.
For the avoidance of doubt, Customer Data does not constitute Confidential Information.
16.2 Subject to clause 16.4., each party shall hold the other's Confidential Information in confidence and not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of the Agreement.
16.3 Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of the Agreement.
16.4 A party may disclose Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this clause 16.4, it takes into account the reasonable requests of the other party in relation to the content of such disclosure.
16.5 The Customer acknowledges that details of the Services, and the results of any performance tests of the Services, constitute the Company’s Confidential Information.
16.6 No party shall make, or permit any person to make, any public announcement concerning the Agreement without the prior written consent of the other parties, except as required by law, any governmental or regulatory authority (including, without limitation, any relevant securities exchange), any court or other authority of competent jurisdiction.
16.7 The above provisions of this clause 16 shall survive termination of this agreement, however arising.
17.1 The Customer (Indemnifying Party) will defend, hold harmless and indemnify from any third-party claim or legal action, or any governmental or administrative agency action or proceeding (Claim) the Company and its its officers, directors, affiliates, agents, and employees (Indemnified Parties) from and against any Claim to the extent arising from: a) the use of the Services by the Customer or its Authorised Users in violation of the Agreement, the Documentation and/or the applicable laws, b) any breach of the confidentiality obligations under the Agreement, and c) the content of the Customer Data.
17.2 The Indemnifying Party will indemnify the Indemnified Parties against: (i) all damages, costs, and attorneys’ fees finally awarded against any of them with respect to any Claim; (ii) all out-of-pocket costs (including reasonable attorneys’ fees) reasonably incurred by any of them in connection with the defense of the Claim (other than attorneys’ fees and costs incurred without the Indemnifying Party’s consent after it has accepted defense of such Claim); and (iii) all amounts that the Indemnifying Party agreed to pay to any third party in settlement of any Claims arising under this clause 17 and settled by the Indemnifying Party or with its approval.
The Indemnifying Party shall not, without the relevant applicable Indemnified Parties’ prior written consent, agree to any settlement on behalf of such Indemnified Parties which includes either the obligation to pay any amounts, or any admissions of liability, whether civil or criminal, on the part of any of the Indemnified Parties.
18.1 Except as expressly and specifically provided in the Agreement:
(a) the Customer assumes sole responsibility for results obtained from the use of the Services and the Documentation by the Customer, and for conclusions drawn from such use. The Company shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to the Company by the Customer in connection with the Services, or any actions taken by the Company at the Customer's direction;
(b) the Customer assumes sole responsibility for its interactions with any users, customers, and third parties through the Services and the Bolsterup Platform;
(c) all warranties, representations, conditions and all other terms of any kind whatsoever as to any matter whatsoever, whether express or implied by statute or common law or the operation of the law are, to the fullest extent permitted by applicable law, excluded from this agreement;
(d) notwithstanding, and in addition to, clause 18.1.c., the Company disclaims all implied warranties, including but not limited to, merchantability, fitness for a particular purpose, and title;
(e) the Customer has no right to make or pass on any representation or warranty on behalf of the Company to any third party; and
(f) the Services and the Documentation are provided to the Customer on an "as is" and “as available” basis.
18.2 Nothing in this agreement excludes the liability of the Company:
(a) for death or personal injury caused by the Company’s negligence; or
(b) for fraud or fraudulent misrepresentation.
18.3 Subject to clause 18.1 and clause 18.2:
(a) the Company shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise, for any loss of profits, loss of business, business interruption, or loss of business opportunity depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under the Agreement; and
(b) the Company’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the fees paid by the Customer during the Subscription Period immediately preceding the date on which any claim against the Company arose.
(c) Nothing in this agreement excludes the liability of the Customer for any breach, infringement or misappropriation of the Company’s or any third party’s intellectual property rights.
19.1 In addition to any other term in this Agreement, the Company disclaims all liability in connection with:
(a) any content displayed or appearing on the Bolsterup Platform and Services;
(b) the suitability of the Bolsterup Platform and Services for the Customer’s business and requirements;
(c) any comment, message, or other interaction made between the users of the Bolsterup Platform, or any public message, comment, or feedback, displayed or appearing on the Bolsterup Platform and Services; and
(d) any communication between users of the Bolsterup Platform and Services outside the Bolsterup Platform and Services.
20.1 This agreement shall commence on the Effective Date and shall continue for the Initial Subscription Term and shall, thereafter, be automatically renewed for successive Renewal Terms, unless earlier terminated in accordance with the Agreement.
20.2 The Customer may give the relevant written notice applicable to each Subscription Plan, as provided on the Company’s website and Platform, to the Company before the end of each Subscription Period (Initial Subscription Term and Renewal Terms) to terminate the agreement. In that case the agreement shall terminate upon the expiry of the applicable Subscription Period.
20.3 Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if:
(a) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
(b) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
(c) an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company, partnership or limited liability partnership);
(d) the holder of a qualifying floating charge over the assets of that other party (being a company or limited liability partnership) has become entitled to appoint or has appointed an administrative receiver;
(e) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
(f) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business;
(g) the other party's financial position deteriorates so far as to reasonably justify the opinion that its ability to give effect to the terms of the Agreement is in jeopardy.
20.4 Regardless of anything in clause 20.3, the parties accept that the Company may immediately terminate the Agreement, the Account, and access to the Account, Platform, and Services in case:
(a) the Customer fails to pay any amount due under the Agreement on the due date for payment and remains in default not less than 30 days after such amount has become due;
(b) the Customer is in breach or is likely to breach any of these Terms, as determined in the sole discretion of the Company.
20.5 On termination of this agreement for any reason:
(a) all licences granted by the Company to the Customer under this agreement shall immediately terminate and the Customer shall immediately cease all use of the Services and/or the Documentation;
(b) the Customer shall return and make no further use of any equipment, property, Documentation and other items (and all copies of them) belonging to the Company;
(c) the Company may destroy or otherwise dispose of any Customer Data in the Company’s possession unless the Company receives, no later than ten days after the effective date of the termination of this agreement, a written request for the delivery to the Customer of the then most recent back-up of such data. The Company shall use reasonable commercial endeavours to deliver the back-up to the Customer within 30 days of its receipt of such a written request, provided that the Customer has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). The Customer shall pay all reasonable expenses incurred by the Company in returning or disposing such data; and
(d) any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
21.1 The Customer’s Account will remain active for six months from the date the Customer cancels its Subscription. The Customer may reactivate its account within the said reactivation period. l
21.2 The Company is entitled to keep all material provided by the Customer, including the Customer Data, for a period of [number] months during which the Customer may reactivate their Account.
21.3 The Company may suspend any Account for any period it feels appropriate, in case the Customer to which the Account belongs is in breach or is likely to be in breach of, as determined in the sole discretion of the Company, any of these Terms.
The Company shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of the Company or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, pandemics, endemics, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Except as expressly provided in this agreement, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
26.1 If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
26.2 If any provision or part-provision of this agreement is deemed deleted under clause 26.1. the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
27.1 The Customer shall not, without the prior written consent of the Company, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
27.2 The Company may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
29.1 Any notice required to be given under the Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this agreement, or such other address as may have been notified by that party for such purposes, or sent by email to the other party's email address as provided by the Customer to the Company and as it appears on the Company’s website.
29.2 A notice delivered by hand shall be deemed to have been received when delivered (or if delivery is not in business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post. A notice sent by email shall be deemed to have been received at the time of transmission.
This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of the Republic of Cyprus.
Each party irrevocably agrees that the courts of the Republic of Cyprus shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
These terms tell you the rules for using our website www.bolsterup.co (Site).
bolsterup.co is a site operated by Bolsterup Contech Ltd (We, Bolsterup). We are a limited liability company registered in the Republic of Cyprus under registration number HE 434308 and have our registered office at Lord Byron 36, Office 204, 1096 Nicosia, Cyprus.
To contact us, please email email@example.com.
We recommend that you print a copy of these terms for future reference.
If you use our site to access and use the Bolsterup Web Application, our Terms and Conditions of Service and Acceptable Use Policy will apply to your use of the Bolsterup Web Application.
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may update and change our site from time to time to reflect changes to our Bolsterup Web Application, our services, our users' needs and our business priorities.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
The website may include information and materials uploaded by other users of the site, including content uploaded by the users of the Bolsterup Web Application, which may be displayed on the site. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
Please contact us immediately on email@example.com:
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact firstname.lastname@example.org.
You are solely responsible for securing and backing up your content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
When you upload or post content to our site, you grant us the following rights to use that content:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation.
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
In particular, we will not be liable for:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We reserve the right to report or will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com.