All the legal documents related to the Ment.hr domain and the usage of Ment application are available by the links below:
CUSTOMER TERMS OF SERVICE
Effective – 01 July 2020
These Customer Terms of Service ("Customers Terms", "Contract") is a legal binding document which describes relations between Customer and us. We provide Customer with our service as defined below only if you agree to follow these terms. Please read this document carefully to know what you can expect from us and our service.
Our business name is Serokell OÜ and we are registered as a private limited company in the Republic of Estonia under Estonian laws with company registration number: 14049961. Place of our business is at Pille tn 7/5-13, Kesklinna linnaosa, Tallinn, Harju maakond, 10135, Estonia.
By "Serokell", "us", and "our" we mean Serokell OÜ.
You may find more information about us below.
What is service? We provide you with an access to Ment – ment.hr ("Ment", "site", "service") – the website that is intended to optimize your workflow and allow you to create a workspace and add users to it. You may find more information about Ment features here.
Non error-free. Ment is a recently released product and it is not error-free and may contain some bugs and other defects.
Modification of the Service
We may modify and update Ment. Since Ment was recently released, we may (but not obliged to) occasionally modify and update our service to make it better. We may add, modify or remove any of the features and functions of our service. Please note that such modifications will be made by us at our sole discretion.
How we will notify about modifications and updates of Ment. We will notify Customer and users only of important changes that affect the core functionality of Ment by posting an announcement on the site.
Who are you? By "you" we refer to a person, reading this Customer Terms, who represents Customer on our service. Please note that the User Terms will also apply to you as a user.
Who is the Customer? By "Customer" we mean a person who has entered into this Contract in order to access the service. Customer could be a legal or natural person.
If Customer is a legal person. If you use your corporate e-mail domain to register in our service, your organization is Customer. In order for you to enter into this Contract on behalf of Customer you must be duly authorized to represent Customer and conclude this Contract on its behalf. Please make sure you have the necessary authority to enter into this Contract on behalf of the Customer.
If Customer is a natural person. If you don’t represent any legal entity, Customer is the individual creating a workspace on the service. To enter into this Contract, you must be of legal age according to the law of the state of your residence. The service should not be used by anyone under the legal age. You hereby represent that you are over the legal age.
Registration of Customer. In order to access our service, you need to go through the registration process first. You will also need to provide us information about Customer’s business name, subdomain, e-mail. As a result of successful registration, you create Customer account on our service.
After registration is done, you will be redirected to the initial configuration page.
Configuration of Customer account. During configuration of Customer account, you may select which user accounts related to Customer to add as Ment. Users selected by you ("users") will receive access to our service under their own accounts.
Your warranties. You may register Customer account and use our service only if you warrant the following:
- you do not violate any of the applicable personal data security laws. This inclusively means, that you have obtained all necessary consents from your users to process and to transfer their personal data;
- you have confirmed that any user is of legal age according to the law of the state of a user residence.
What can Customer do? Customer account has very important privileges that may control over the use of the service, including: to assign or add new users; to create, monitor or modify users actions and permissions; to modify and re-assign roles inside workspace; to manage the access to, control, remove, share posts or otherwise change, all or part of the content uploaded by users; to integrate or disable integration with API providers; and otherwise exercise its rights under the Contract.
Users roles. Customer may assign different roles to users. Some of these roles may allow users to access certain Customer’s privileges, so you should be careful with your roles distribution.
New representative. If Customer decides to replace you with another representative, the Customer should contact us. We will provide you with instructions on what to do in this case. Please bear in mind that Customer is free to decide by whom to be represented.
Since we just released Ment, we won’t charge your access to it. Please note that this section will be effective only for a limited testing period. In the future we may begin to charge for access to our service and we don’t warrant you that any free subscription will be available. Before making any changes to this payment section we will notify you separately and give you a reasonable time before new rules become effective.
Uploaded or created content. Using our site, users may upload or create their own content. With regard to this content, users grant us a license under User Terms to make their content accessible on the service.
Moderation. Uploaded or created content shall not violate authors right or other laws. If any content violates the law, Customer should remove it from our service.
Our intellectual property. Other than Customer and users content, our site and all of its materials are the property of Serokell OÜ and is protected by Copyright Act of the Republic of Estonia and other applicable intellectual property laws and treaties.
Trademarks. Trademarks "Serokell" and "Ment" are the property of Serokell OÜ and shall be protected by law. The trademarks and logos of third parties may also be displayed on the site. You and Customer may not use the trademark of Serokell or third parties without a prior written consent of its owner.
Your right to use Ment. We grant Customer a licence for the sole purpose of enabling Customer to use our service as provided by these Customer Terms. This licence is:
- worldwide (it is valid in any country);
- limited (it is limited to its purpose);
- non-exclusive (we may also grant our rights to other persons besides Customer);
- non-transferable (Customer cannot transfer this licence to other persons).
Publicity. We may use Customer name and logo to identify Customer as a client of our service. Customer may withdraw consent to such identification anytime by contacting us at the e-mail address stated in the "Contacts" section of these terms.
API providers. We use third-parties application programming interface ("API") to integrate Customer and users information and data into our system.
We support API of the following API providers:
- Google – for sign up / sign in (more information here);
- Slack – for onboarding, task allocation (more information here);
- Youtrack – for time tracking, issue management (more information here);
- Toggl – for time tracking (more information here);
- GitLab – for project management (more information here);
- GitHub – for project management (more information here).
Through the service you may integrate Customer account with API providers, which will allow an exchange, transmission, modification, or removal of data between us and the API provider. You hereby acknowledge that we are not responsible for any access or any other use of Customer and users data by the API providers.
Third parties links. Ment may contain links to third party websites, which are governed by their own terms of service and privacy policies. We are not responsible for the content or privacy of third party websites, so we encourage you to check third parties privacy and security policies before providing them with any information.
Ment is a new product and we cannot give you any warranties. We do not provide Customer with any warranty in connection with our service. Ment is a recently released product and it is not error-free and may contain some bugs and other defects. Service is provided "as is" and "as available" without any warranties. Serokell hereby disclaims all warranties and conditions with regard to this website, including all implied warranties and conditions or merchantability, fitness for a particular purpose, title, and non-infringement. By accepting these terms, you acknowledge that for the first period Ment will be available for free, because of the possibility of different errors and defects.
Warranties withdrawal may not apply to you. This section shall be effective to the maximum extent permitted by applicable law. The laws of certain countries do not allow to limit any warranties. You should check if this section applies to you.
We are responsible to you for foreseeable loss and damage caused by us. If we do not reasonably meet our commitments to Customer, we are responsible for loss or damage Customer suffers that is a foreseeable result of our breaking Customer Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen.
We are not liable for business losses. If Customer uses our service for commercial or business purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not liable for third parties. We are not responsible for the content or privacy of third party websites or software since we do not have any control over them.
Limitation of liability. Our total liability under these Customer Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will be limited to the total charges paid by Customer under these Customer Terms for the service.
Force majeure. Customer and we are not liable for breaching of obligations due to circumstances which are beyond the control of the obligor and which, at the time the contract was entered into or the noncontractual obligation arose, the obligor could not reasonably have been expected to take into account, avoid or overcome the impediment or the consequences thereof which the obligor could not reasonably have been expected to overcome. You and we hereby agree that the following circumstances shall be deemed as a force majeure: technological attacks; damaging of the hardware hosting our site[h].
Applicable Law and Dispute Resolution
Which law is applicable to these terms. Customer Terms and relations between Customer and us are governed by the law based on the following:
- if Customer is a natural person, then:
- if Customer domicile is in the United Kingdom, the United States of America (including all of its territories), Canada, Cayman Islands, British Virgin Islands, Australia or Gibraltar these terms shall be governed by the law of England and Wales, without giving effect to its conflicts of laws principles;
- if Customer domicile is the European Union and the rest of the world, these terms shall be governed by the law of the Republic of Estonia, without giving effect to its conflicts of laws principles.
- if Customer is a legal person, then:
- if Customer is founded in the United Kingdom, the United States of America (including all of its territories), Canada, Cayman Islands, British Virgin Islands, Australia or Gibraltar these terms shall be governed by the law of England and Wales, without giving effect to its conflicts of laws principles;
- if Customer is founded in the European Union and the rest of the world, these terms shall be governed by the law of the Republic of Estonia, without giving effect to its conflicts of laws principles.
In any case, the United Nations Convention on Contracts for the International Sale of Goods shall not apply to our relations.
Consumer laws. Ment is a tool that is intended to be used by business, so it is not designed to be oriented for consumers. You hereby acknowledge and agree that no consumer laws apply to this Customer Terms.
How we shall resolve disputes. If any dispute arises, Customer and we will send a written notice to the other. We will send Customer such notice using Customer e-mail provided during registration on the site. Customer will send us such notice to the e-mail stated in the "Contacts" section of these terms.
Customer and we will attempt to resolve the dispute through direct negotiations in good faith. If we fail to resolve such a dispute on our own or if no response to the notice has been received, the respective dispute shall be submitted to the court in accordance with the rules below.
Where claims may be brought. If Customer is a natural person, all actions under these terms may be filed with the court of Customer residence or with the court of the seat of Serokell OÜ.
If Customer is a legal person, all claims shall be brought exclusively in the Harju County Court (Tallinn, Estonia).
Term. The Contract may be terminated by either party by giving a prior notice at any time and in its sole discretion, by giving the other party 10 (Ten) days prior notice in writing.
Modifications of the Customer Terms. We may change these Customer Terms at our sole discretion. We will provide you notice prior to the change taking effect. All notices about upcoming changes will be sent to Customer e-mail or published as an announcement on our site. Unless otherwise defined in the notice, all changes will become effective upon posting on this page a modified version of the Customer Terms. You can find the latest version of these terms at https://ment.hr/terms-and-conditions.html. Date of last updates is stated at the top.
Assignment. Customer may not assign or delegate any of the rights or obligations hereunder without the prior written consent of us. We may assign or delegate any of the rights or obligations hereunder in our sole discretion.[k]
Independent contractors. Customer and Serokell are independent contractors. The Contract does not create any form of partnership between the parties.
Entire agreement. These Customer Terms, including any terms incorporated by reference, constitute the entire agreement between the parties and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between them, whether written or oral, relating to its subject matter unless otherwise specified in the Customer Terms. To the extent of any conflict or inconsistency between these Customer Terms and any other documents referenced here, these Customer Terms shall prevail.
Severability. If any part of these Customer Terms is held to be illegal or unenforceable neither the validity, nor the enforceability of the remainder of these terms shall be affected. The choice of applicable law and jurisdiction is an independent agreement between Customer and us and does not depend on other terms of this document.
Waiver. The failure of either party to enforce its rights under these Customer Terms at any time for any period shall not be construed as a waiver of such rights.
For any legal questions or questions regarding these Customer Terms please contact us at firstname.lastname@example.org.
For service support and for other questions you may contact us at email@example.com or at our mailing address below:
Serokell OÜ, Pille tn 7/5-13 Tallinn, 10135 Estonia