Terms and Service
1. Acceptance of Terms
1.1. Our Mission: Aesir Technology specializes in creating custom websites, mobile applications, and offering hosting solutions. Our goal is to empower our users with the tools and services needed to establish a strong online and mobile presence. We cater to individuals and businesses of all sizes, ensuring that even those without technical expertise can successfully navigate and utilize our offerings.
1.2. Legal Agreement: These Aesir Technology Terms of Use (“Terms of Use”), along with additional terms which specifically pertain to some of our services and features
as indicated on the Aesir Technology website(s) (“Aesir Technology Website”, and collectively – the “Aesir Technology Terms” constitute the entire agreement applicable to
each visitor or
user (“User” or “you”) of the Aesir Technology Website, the Aesir Technology mobile application (the “Aesir Technology App”) and/or any other services, applications, and features we offer,
unless explicitly stated otherwise (collectively – the “Aesir Technology Services” or “Services”). It's important to clarify that Aesir Technology Services, as defined here, do not
encompass services, applications, features, or components developed or offered by Aesir Technology Users, even if they are presented on the Aesir Technology Website or App.
The Aesir Technology Terms form a legally binding contract between Aesir Technology LLC, its affiliates, and subsidiaries globally (“Aesir Technology”, “us”, or “we”) and you
in relation
to the use of any Aesir Technology Services. Thus, you are urged to read them attentively.
You are authorized to use the Aesir Technology Services and/or the Aesir Technology App only if you completely accept the Aesir Technology Terms - by using and/or registering for any of the
Aesir Technology
Services, you signify your informed consent to these Terms of Use and any other Aesir Technology Terms relevant to your use of the Aesir Technology Services. Should you not understand or agree
to the Aesir Technology Terms, you are required to immediately leave the Aesir Technology Website and cease all use of the Aesir Technology Services or Aesir Technology App.
Utilizing our Services also means you have read and acknowledged our Privacy Policy available at Privacy Policy.
1.3. User Account: To access and utilize the Aesir Technology Services, you must initially register and create an account with Aesir Technology (“User Account”).
The establishment of a User Account or the acquisition of Paid Services (defined in Section 5), can be done directly on the Aesir Technology Website or through an independent third-party authorized
to sell Aesir Technology subscriptions to User Accounts and other Paid Services (a “Reseller”) under a separate agreement with Aesir Technology (a “Reseller Agreement”).
If you register for Aesir Technology Services or purchase Paid Services through a Reseller (herein referred to as a “Reseller User”), be aware that:
- These Terms of Use are in addition to any arrangement between you and the Reseller and govern your use of Aesir Technology Services.
- Between you and Aesir Technology, per your relationship with us, these Terms of Use override any agreement with the Reseller regarding the use of Aesir Technology Services and activities within your User Account (unless otherwise specified here).
- Some services, applications, and features of the Aesir Technology Services may not be accessible to you or may only be available through the Reseller platform.
1.4. Account Ownership: For each User Platform, Aesir Technology will regard the owner as the individual or entity whose email address is listed in Aesir Technology’s
records as the owner of the User Account under which the User Platform was established.
In the event of a disagreement over User Account ownership, we retain the right to determine the owner of a User Account based on our reasonable judgment, irrespective of whether an
independent investigation has been conducted by us. However, if we are unable to make such a determination at our sole discretion, we reserve the right to refrain from doing so and/or
to suspend a User Account until the disputing parties reach a resolution, without Aesir Technology having any liability to you or any other party. We may require documentation
(for example, government-issued ID or a business license) to aid us in establishing ownership.
If you created your User Account directly on the Aesir Technology Website (not via a Reseller), we may use the principles outlined below to determine ownership.
Aesir Technology will consider the individual or entity that has access to the email address (as recorded by Aesir Technology for the User Account under which the User Platform or User Content
was created)
as the owner of the User Account, User Platform, and/or User Content created or uploaded to the relevant Aesir Technology Service.
Should any Paid Services be procured through a User Account, Aesir Technology may regard the purchaser of such Paid Services, identified by the billing details used (“Billing Information”),
as the owner of the User Account, relevant User Platform, and/or User Content therein. Nevertheless, if applicable, should a User Platform be linked to an external domain name
(whether imported or acquired as part of certain Paid Services), and the domain’s registration details are publicly accessible via the WHOIS database on www.whois.net or Aesir Technology’s
database, Aesir Technology may consider the registrant listed there as the owner of the User Platform. If both an individual and an organization are registered as the registrant or the registrant
organization for a domain, Aesir Technology will deem the organization as the actual domain owner. If there is a discrepancy between Billing Information and domain registration regarding ownership,
Aesir Technology will consider the domain’s registered owner as the owner of the User Platform.
However, Aesir Technology reserves the right to determine the ownership of User Content and/or a User Platform as it sees fit, including disregarding the indications above, if Aesir Technology deems,
at its sole discretion, that the circumstances warrant such a decision, based on the factual situation as determined by Aesir Technology.
2. Your Obligations
2.1. You represent and warrant that:
- You affirm that you are at least thirteen (13) years of age, or sixteen (16) years of age if you are located within the European Union (EU), or of the legal age of majority in your jurisdiction, and you have the legal authority, right, and freedom to enter into the Aesir Technology Terms and to form a binding agreement, either on your own behalf or on behalf of the person or entity you represent;
- You are not a resident of, nor will you use or disseminate the Aesir Technology Services or Aesir Technology App in, any country or region that is subject to comprehensive country or regional embargoes by the U.S. You also certify that you are not listed on any U.S. sanctions list, such as the Specially Designated Nationals and Blocked Persons List, nor are you on any similar list maintained by the EU, the UK, or any other jurisdiction, and that you are not 50 percent or more owned, whether directly or indirectly, by any sanctioned individual or entity, nor are you otherwise under their control ("Sanctioned Party"). You further confirm that you will not utilize or distribute the Aesir Technology Services or the Aesir Technology App, directly or indirectly, for the benefit of any Sanctioned Party. You agree to indemnify Aesir Technology against any losses, including monetary penalties and legal fees, that may be incurred if you breach any of the aforementioned confirmations regarding your status as not being sanctioned.
- The country of your residence or the country of incorporation of your company is the same as the country indicated in the contact and billing information you provide to us;
- You understand that Aesir Technology does not offer any legal advice or recommendations concerning any laws or requirements applicable to your use or any of your end-users, nor your compliance with such laws;
- You declare that you hold all rights to any content you upload, develop, provide, or have developed, connected, copied, or uploaded by Aesir Technology Services for you, to your User Platform ("User Content" This includes designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, information for creating a subdomain name, text, literary works, and other materials ("Content"), or you have (and will continue to have) the necessary licenses, consents, and authority to legally access, import, copy, use, publish, transfer, or license such User Content, by yourself and by us or any of our affiliates;
- You possess (and will continue to maintain) all necessary rights, licenses, consents, and authority that permit Aesir Technology Services or Aesir Technology App to access any websites, web pages, and/or other online services for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting, and/or using your User Content;
- The User Content is (and will continue to be) true, current, accurate, non-harmful, not infringing upon any third party's rights, and in no way illegal for you to upload, import, copy, possess, post, publish, transmit, display, or use, in the country where you or the visitors and users of your User Platform ("End Users") reside, or for Aesir Technology and/or your End Users to access, import, copy, upload, publish, use, or possess in connection with the Aesir Technology Services;
- You have obtained all necessary consents and permissions under applicable laws regarding the processing, storage, collection, posting, transmission, and publication of any personal information and/or the image or likeness of any person, entity, or property included in the User Content, and you will comply with all relevant laws pertaining to such.
2.2. You undertake and agree to:
- You agree to fully comply with all applicable laws and any other contractual terms which govern your use of the Aesir Technology Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
- You will be solely responsible and liable for any of the uses of the Aesir Technology Services that occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using, or publishing such User Content in connection with the Aesir Technology Services);
- You must regularly and independently save and backup any of your User Content and the information that is being processed by you concerning your User Platform, including with respect to End Users, User Products, and any applications, features, services, and/or Third-Party Services used by you;
- You consent to receive occasional promotional messages and materials from Aesir Technology or its partners, by mail, email, or any other contact form you provide us (including your phone number for calls or text messages). If you prefer not to receive such promotional materials or notices, you can opt out at any time;
- You grant Aesir Technology permission to use in perpetuity, worldwide, and without charge, any version of your User Platform (or any part thereof) for Aesir Technology's marketing and promotional activities, online and/or offline, and to modify it as necessary for such purposes. You waive any claims against Aesir Technology or anyone acting on its behalf regarding any past, present, or future moral rights, artist's rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
- You acknowledge that Aesir Technology has the sole discretion to decide the means, manner, and method for providing the Aesir Technology Services, including decisions about the hosting, transmission, publication, and display of any User Platforms and/or Content (including the decision to include or present any advertisements or other commercial content with them).
- Aesir Technology reserves the right to offer the Aesir Technology Services under different pricing plans and to impose varying restrictions on the upload, storage, download, and use of the Aesir Technology Services within each pricing plan, including, but not limited to, restrictions on network traffic and bandwidth, the size and/or length of Content, the quality and/or format of Content, sources of Content, the volume of download time, the number of subscribers to your Content, the amount of storage available, and so on.
2.3. You agree and undertake not to:
- You agree not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Aesir Technology Website, the Aesir Technology Services (or any part thereof), any Content offered by Aesir Technology or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Aesir Technology’s prior written and specific consent and/or as expressly permitted under the Aesir Technology Terms;
- You will not submit, transmit, or display any User Content, or use Licensed Content in a context that may be deemed defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive, or fraudulent, encouraging of criminal or harmful conduct, or which otherwise violates the rights of Aesir Technology or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity, or brand in a bad or disparaging light, without their prior explicit approval;
- You will not use any illegal action to collect login data and/or passwords for other websites, third parties, software, or services;
- You will not phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
- You will not upload, insert, collect, or otherwise make available within the Aesir Technology Website or the Aesir Technology Services (or any part thereof), any malicious, unlawful, defamatory, or obscene Content;
- You will not publish and/or make any use of the Aesir Technology Services or Licensed Content on any website, media, network, or system other than those provided by Aesir Technology, and/or frame, “deep link,” “page scrape,” mirror and/or create a browser or border environment around any of the Aesir Technology Services, Licensed Content, and/or User Platform (or any part thereof), except as expressly permitted by Aesir Technology, in advance and in writing;
- You will not use any “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Aesir Technology Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Aesir Technology Services to obtain or attempt to obtain any materials, documents, services, or information through any means not purposely made available through the Aesir Technology Services;
- You will not act in a manner which might be perceived as damaging to Aesir Technology’s reputation and goodwill or which may bring Aesir Technology into disrepute or harm;
- You will not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Aesir Technology or Aesir Technology Marks and/or variations and misspellings thereof;
- You will not impersonate any person or entity or provide false information on the Aesir Technology Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Aesir Technology and/or any End Users;
- You will not falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Aesir Technology or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
- You will not reverse look-up, trace, or seek to trace another User of Aesir Technology Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Aesir Technology Services and/or User Platform without their express and informed consent;
- You will not disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Aesir Technology Services, User Platform, the account of another User(s), or any other systems or networks connected to the Aesir Technology Services, by hacking, password mining, or other illegitimate or prohibited means;
- You will not probe, scan, or test the vulnerability of the Aesir Technology Services or any network connected to the Aesir Technology Services;
- You will not upload to the Aesir Technology Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Aesir Technology Services or Aesir Technology’s systems or networks connected to the Aesir Technology Services, or otherwise interfere with or disrupt the operation of any of the Pro
3. Content and Ownership
3.1. Your Intellectual Property: As between Aesir Technology and you, you retain ownership of all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to Aesir Technology Services by you, such as designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, algorithms, APIs, databases, interfaces, text, and literary works. Aesir Technology does not claim ownership rights over your User Content or any content you connect to the Aesir Technology Services. You understand and agree that Aesir Technology requires access to, and may need to upload and/or copy your User Content to our platform, including cloud services and CDNs, to adjust for display, train our software tools, duplicate for backup, and perform any other technical actions or uses necessary to deliver our services. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your User Content for these purposes.
3.2. Aesir Technology's Intellectual Property: All rights, title, and interest in and to the Aesir Technology Services, including but not limited to copyrightable materials, content subject to
intellectual property rights under applicable law (such as artwork, graphics, images, website templates, widgets, literary work, source and object code, applications, audio, music, video,
media, designs, animations, interfaces, documentation, derivatives, the "look and feel," methods, products, algorithms, data, interactive features, inventions, trade secrets, logos, domains,
customized URLs, trademarks, service marks, trade names, and other proprietary identifiers, whether registered or capable of being registered), are owned by or licensed to Aesir Technology.
Subject to your compliance with Aesir Technology Terms and payment of any applicable Fees, Aesir Technology grants you, upon creating your User Account and for as long as Aesir Technology wishes
to provide you with
its Services, a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Aesir Technology Services and Licensed Content, for the purpose of generating and displaying
your User Platform to End Users and offering your User Products therein, as expressly permitted by the Aesir Technology Terms, and solely within the Aesir Technology Services.
The Aesir Technology Terms do not transfer any right or interest in Aesir Technology's Intellectual Property to you, except for the limited license granted herein. Nothing in the Aesir Technology
Terms constitutes
an assignment or waiver of Aesir Technology's Intellectual Property rights under any law.
Additionally, certain fonts within the Aesir Technology Services may be licensed to Aesir Technology by a third party and are thus subject to the third party's license terms, which are available
for your
review.
3.3. Feedback and Suggestions: If you provide Aesir Technology with suggestions, comments, or other feedback related to the Aesir Technology Services (whether current, suggested, or contemplated), which is or may be subject to Intellectual Property rights ("Feedback"), such Feedback becomes the exclusive property of Aesir Technology. By providing Feedback, you acknowledge that it may be used by Aesir Technology for purposes including, but not limited to: development, customization, technical support, contacting you, facilitating promotions, monitoring performance, creating statistical data for service improvement, enhancing data security and fraud prevention, and complying with legal obligations. Furthermore, you represent and warrant that the Feedback is accurate, not infringing on third-party rights; you irrevocably assign any rights you may have in the Feedback to Aesir Technology; and you irrevocably waive any moral, artists', or similar rights worldwide regarding the Feedback.
4. Privacy
Certain aspects of the Aesir Technology Services (including specific Third-Party Services within them) necessitate or involve the submission, collection, and/or use of certain personally identifying or identifiable information. Specifically, as part of accessing or using the Aesir Technology Services, both Aesir Technology and these Third-Party Services may collect, access, and utilize data pertaining to Users and End Users, including the activities or navigation conducted by Users and End Users within the Aesir Technology Services and User Platforms. We recommend that you review our Privacy Policy regularly, along with the relevant policies of any Third-Party Services, to stay informed of these data collection and usage practices.
5. Service Fees
5.1. Paid Services: The use of certain Aesir Technology Services may require payment of fees, as determined by Aesir Technology in its sole discretion ("Paid Services" and "Fee(s)", respectively). We use Stripe for processing payments, and we offer a 7-day money-back guarantee for refunds. Important: If you are a Reseller User and your payment is made to the Reseller, then the provisions of subsections 5.1 (1), 5.1(4), 5.2, 5.3 (2), 5.4 (1), and 5.5 of this Section 5 regarding specific Paid Services may not apply to you, and the payment and management of such Paid Service will be made directly with the Reseller according to the terms agreed upon between you and the Reseller.
- Aesir Technology will inform you of the then-current Fees for the Paid Services you elect to purchase. If you decide to access Paid Services, you are required to pay all applicable Fees upfront.
- Aesir Technology reserves the right to change its Fees at any time, upon notice to you, which may affect your current subscriptions.
- All Fees shall be considered in U.S. Dollars, unless stated otherwise by Aesir Technology. Except as provided by law or specified by Aesir Technology, all Fees are exclusive of Taxes, and you are responsible for their payment. Aesir Technology may add Taxes to any applicable Fees if required to do so and will reflect such Taxes on the Invoice.
- When purchasing Paid Services directly from Aesir Technology, you authorize Aesir Technology (or third parties acting on our behalf) to bill your payment method on file with Stripe, including any updated payment information received from your payment provider (e.g., updated expiry date or card number).
5.2. Invoices: Aesir Technology and/or its affiliates will issue an Invoice for any payment or refund made for Fees ("Invoice"), which will be available via your User Account or by email. You may need to provide Personal Information for the Invoice, which must comply with local laws. The presentation of the Invoice may vary based on local requirements and may serve for pro forma purposes only.
5.3. Subscription Auto-Renewals: To prevent service interruption, certain Paid Services include an automatic renewal option. Unless you or your Reseller turn off auto-renewal,
these Services will renew automatically. Aesir Technology will charge the applicable Fees to your Stored Card with Stripe before the renewal period. For yearly or multi-year services,
Aesir Technology will notify you at least thirty (30) days before renewal.
By agreeing to these Terms and purchasing a Renewing Paid Service, you consent to this automatic renewal.
5.4. Money-Back Guarantee: If you are not satisfied with your initial purchase of a Aesir Technology Paid Service, you may cancel within seven (7) days of the order or activation
for a full refund, applicable only to monthly services. This refund policy does not apply to additional purchases, application build, upgrades, or renewals. Aesir Technology will issue a refund in the
same currency and is not responsible for currency exchange rates or third-party fees. Following the refund period, Fees are non-refundable. If cancellation notices are in bad faith
or an attempt to avoid payment, Aesir Technology reserves the right to still charge for the services received.
Some services, such as Third-Party Services like domain purchases, may be non-refundable. It's your responsibility to verify cancellation policies before purchase.
5.5. Chargebacks: If there's a Chargeback on your account, your Aesir Technology Services may be disabled or terminated. Chargebacks may result in your User Account being blocked
and potential loss of your data. To resume use of Aesir Technology Services, you must resubscribe and pay all applicable Fees, including those incurred by Chargebacks.
Before initiating a Chargeback, please contact our Customer Support to address any payment concerns and prevent service cancellation
and account blocking. Aesir Technology reserves the rightto contest Chargebacks by providing evidence to the financial institution that the transaction was authorized and services were provided.
6. Cancellation
6.1. Cancellation by User: You may cancel your User Account and/or Aesir Technology Services at any time via the Aesir Technology Services' instructions. Cancellation becomes effective when the process is completed, and for Paid Services, at the end of the current subscription period. If purchased directly from Aesir Technology, to avoid automatic renewal, you must cancel at least seven (7) days prior to the service period's expiration.
6.2. Cancellation by Aesir Technology: Non-compliance with Aesir Technology Terms or failure to pay any due fee may lead to the suspension or cancellation of your User Account and related services. If you purchased services through a Reseller, Aesir Technology retains the right to suspend or terminate services if directed by the Reseller or if the Reseller fails to pay Aesir Technology.
6.3. Loss of Data, Content, and Capacity: Cancellation of your account or services may lead to a loss of content, features, or capacity, including user content and data ("Capacity Loss"). Aesir Technology is not liable for such loss. Reactivation of an account or services may incur additional fees. After account or service termination, Aesir Technology may delete all associated data, which is irrecoverable once deleted.
7. Third Party Services
The Aesir Technology Services allow you to engage with, connect to, develop further, and acquire various third-party services, products, and tools to enhance your User Platform and user experience.
These may include domain registrars for purchasing domain names, third-party applications and widgets, third-party licensed content, media distribution services, e-commerce payment providers,
tangible product vendors, designers, external databases, code packages, etc., collectively referred to as "Third-Party Services".
You understand and agree that Aesir Technology serves only as a platform connecting you with such Third-Party Services. Aesir Technology does not endorse any Third-Party Services and is not responsible or
liable for any interaction or transaction with them. Aesir Technology is not a party to, nor does it monitor any interaction or transaction between you and Third-Party Services.
These Third-Party Services may incur additional costs payable to Aesir Technology and/or the providers of these services.
Your use of any Third-Party Services is at your own risk and responsibility and is subject to the legal and financial terms that govern those services. You are encouraged to review these terms
before engaging with any Third-Party Services.
If you integrate or use any third-party services, tools, code, algorithms, databases, products, software, or goods in conjunction with the Aesir Technology Services, you affirm that you comply with
their respective terms of use.
Aesir Technology reserves the right, at its sole discretion, to suspend, disable access to, or remove from your User Account and/or User Platform(s), any Third-Party Services at any time, without any
liability to you or any end users.
8. Misconduct and Copyrights
8.1. Misconduct and Abuse: While using Aesir Technology Services, you may encounter User Platforms, User Content, or Third-Party Services that are inaccurate, offensive, objectionable, or illegal.
You waive any legal or equitable rights or remedies you have or may have against Aesir Technology regarding such content.
If you believe that a user or any Third-Party Services acted inappropriately or misused the Aesir Technology Services, you should report this to Aesir Technology immediately. Your report will not impose
responsibility or liability on Aesir Technology, which may take action, or not, based on its sole discretion and may require further information or documentation.
8.2. Copyrights: Aesir Technology adheres to its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe your work has been copied in a way that constitutes copyright
infringement, you may notify Aesir Technology.
If Aesir Technology receives notice of copyright infringement related to your User Platform, it may cancel your account, take down your User Platform, or remove content at its discretion, with or
without prior notice. If your content is removed, you may submit a counter-notice in accordance with the DMCA, including your contact information, a signature, identification of the removed
material and its location before removal, a statement under penalty of perjury that the material was removed by mistake or misidentification, and your consent to local jurisdiction for dispute
resolution.
Any notices filed in accordance with this section may be accepted by Aesir Technology at its sole discretion. Aesir Technology reserves the right to inform the party that provided the original infringement
notice of the counter-notice and to share the details contained therein.
9. Disclaimer of Warranties
Aesir Technology provides its services "As Is," "with all faults," and "As Available," without any kind of warranty, including but not limited to implied warranties or conditions of merchantability,
fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty, to the fullest extent permitted by law. Specifically, Aesir Technology does not guarantee that the
services (or any part, feature, or content thereof) are complete, accurate, of a certain quality, reliable, secure, suitable for or compatible with any of your contemplated activities,
devices, operating systems, browsers, software, or tools, or that they will comply with any laws applicable to you or your end users, nor that the services will be free from viruses, bugs,
or other harmful components.
Aesir Technology may choose to screen, monitor, and/or edit any User Platform or User Content at its sole discretion and at any time, with or without notice, but it is under no obligation to do so.
Aesir Technology is not to be considered a "publisher" of any User Content and does not endorse any User Content. Aesir Technology assumes no liability for any content uploaded, posted, or made available by
any user or party through its services, nor for any related loss or damage. Aesir Technology shall not be liable for any errors, defamation, libel, falsehoods, obscenity, pornography, incitement, or
any other unlawful content encountered.
You acknowledge the risks associated with using Aesir Technology services and dealing with third-party services through Aesir Technology, and that Aesir Technology cannot guarantee any specific outcomes from such use
or interactions. You assume all related risks and liabilities.
Aesir Technology advises against using its services for hosting personal content and will not be responsible for the security or integrity of such content.
Please be aware that some Aesir Technology services may be in BETA version and may contain bugs, suffer disruptions, and not operate as planned. Your use of Aesir Technology services in BETA testing indicates your
agreement to participate under these conditions.
10. Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Aesir Technology, along with its officers, directors, shareholders, employees, affiliates, and agents, will not be liable for any direct, indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever. This includes damages arising from:
- Errors, mistakes, or inaccuracies in any content;
- Personal injury or property damage related to your use of the Aesir Technology Services;
- Unauthorized access to or use of our servers and/or any personal information and/or other information stored on them;
- Interruption or cessation of transmission to or from the Aesir Technology Services;
- The use or display of any content or user content posted, emailed, transmitted, or otherwise made available via the Aesir Technology Services;
- Events beyond the reasonable control of Aesir Technology, including internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts or tribunals, or non-performance by third parties;
- Loss of use, data, profits, goodwill, or other intangible losses resulting from the use or inability to use any or all of Aesir Technology Services.
You acknowledge and agree that these limitations of liability are part of the agreed allocation of risk and form part of the consideration for Aesir Technology providing its services to you. These limitations will apply even if Aesir Technology has been advised of the possibility of such liabilities.
11. Indemnity
You agree to defend, indemnify, and hold harmless Aesir Technology, its officers, directors, shareholders, employees, affiliates, and agents, from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney’s fees) that arise from:
- Your breach of any term of these Terms of Use or any other Aesir Technology Terms;
- Your violation of any third-party right, including any copyright, access rights, property, or privacy right, as a result of your User Platform or User Content and/or your use of the Aesir Technology Services, including actions taken by Aesir Technology for your benefit;
- Any other claim that your User Platform and/or User Content caused damage to a third party.
12. General
12.1. Changes & Updates: Aesir Technology reserves the right to change, suspend, or terminate any of the Aesir Technology Services (or any features thereof, or prices applicable thereto),
and/or cancel your access to any of the Aesir Technology Services (including the removal of any materials created by you in connection with the Aesir Technology Services) for any reason and/or change
any of the Aesir Technology Terms with or without prior notice - at any time and in any manner.
You agree that Aesir Technology will not be liable to you or any third party for any modification, suspension, or discontinuance of the Aesir Technology Services.
12.2. Governing Law & Jurisdiction;Class Action Waiver: You acknowledge and agree that Aesir Technology shall have the right to enforce these Terms of Use against you.
The Aesir Technology Terms, and all related claims and disputes, shall be governed by and enforced exclusively in accordance with the laws of the jurisdiction where Aesir Technology is located, without
regard to its conflict of laws rules.
Any disputes must be brought exclusively in the courts located in the jurisdiction of Aesir Technology, and you consent to this venue and waive any objections to it. This applies even if you are
located in the United States of America.
12.3. Notices: Aesir Technology may provide notices to you through various methods, including within the service, via email, or through other reasonable means. Notices will be considered effective immediately unless otherwise specified.
12.4. Relationship: The relationship between you and Aesir Technology is not that of a partnership, joint venture, employer-employee, agency, or franchisor-franchisee.
12.5. Entire Agreement: These Terms of Use, along with any other legal notices and agreements provided to you by Aesir Technology, constitute the entire agreement between you and Aesir Technology regarding the services.
12.6. Assignment: Aesir Technology may assign its rights and obligations under these Terms without your consent. You may not assign your rights without Aesir Technology's written consent.
12.7. Severability & Waivers: If any provision of the Aesir Technology Terms is found invalid or unenforceable, it will not affect the validity of the other provisions. No waiver of any breach or default under these Terms will constitute a waiver of any subsequent breach or default.
12.8. Customer Service Contact: If you have any questions or concerns regarding these Terms, please contact us.