USER TERMS OF SERVICE
Effective – 01 July 2020
These User Terms of Service ("User Terms") describe our relations between you and us and govern your access and use of our service.
About User Terms
These User Terms is a legal binding document. If you access or use our website – https://ment.hr/ ("Ment", "site", "service"), you agree to follow these User Terms and our Acceptable Use Policy. Please read these documents carefully to know what you can expect from us and our service.
We may update these terms, so we encourage you to check this page from time to time. We will notify you about any changes of these terms by e-mail or by making an announcement in the service. Date of last updates is stated at the top. You can find the latest version of these terms at https://ment.hr/user-terms-of-service.html.
We tried to make these terms easy to understand. All headings here are only for your information.
You are an authorized user on our service. You have been invited by Customer (if you are also a Customer, please make sure to read our Customer Terms of Service as well), which could be your employer, client, friend, etc. Anyway, you are here by Customer’s invite and we are glad to have you.
Customer is a third party and could be a legal or natural person which has entered with us into the Customer Terms of Service ("Contract") that regulates relations between us and Customer and allows Customer to create a workspace in our service so that you and others could join.
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.
Relations Between You, Customer and Us
The main point here is that Customer controls your access to our service, so Customer can add your account or delete it. Under the Contract Customer is obliged to obtain your consent to process and transfer your personal data to the service and to ensure that such processing or transfer of your data does not violate the law.
Ability to Accept User Terms
To accept these User Terms, 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.
What is Ment? We provide Customer with an access to Ment – the website that is intended to optimize business workflow and allow users to communicate in a workspace. 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. We do not provide you or Customer with any warranty in connection with our service. Service is provided "as is" and "as available" without any warranties.
Uploading your content. Using our site, you can upload or create your content. You are not obligated to upload it on the site, and you also have the right to choose what kind of content you want to upload, however, such content must comply with the requirements of the law and must not violate the author's rights.
What will happen to the uploaded or created content. With regard to your content, you grant us a licence to access, use, process, publish, reproduce, distribute, perform, export and display your content. This licence is:
- worldwide (it is valid in any country);
- limited (for more details - see further);
- non-exclusive (you may also grant our rights to other persons besides us);
- royalty-free (no fees for this licence).
We need this licence to be able to process and display your content on our service. We will use all rights granted under this licence solely to the extent necessary to provide you with our service. This licence also includes the right to make changes to your content only so we can optimize or format it for display on our service. This licence is limited to the term of the Contract. Your content may be deleted after termination of the Contract.
Moderation. Customer may remove any content uploaded or created by you from the service. Please make sure to make a backup of your content. If you have any questions about the content removed by Customer, you should contact Customer. We may also remove your content only if it violates author rights or some other laws. In this case we will first contact Customer and ask to remove said content, but if Customer does not take any action, we will remove it by ourselves.
Content sharing. Ment may have certain features that allow you to submit and share information and content with other users related or not related to Customer’s workspace. With regard to shared content, you also grant us the right to issue sublicenses to other users in case you share such content with them.
Our intellectual property. Other than Customer’s or yours 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 website. You may not use the trademark of Serokell or third parties without a prior written consent of its owner.
Limitation of liability. Neither you nor we shall be liable to the other for any loss or damage the other suffers as a result of a breach of the User Terms of Service. Total liability under these terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, will be limited to the total of 500 (Five hundred) euro. This clause shall not apply if you are also the Customer.
Disabling your account. In case of a violation of the User Terms or Acceptable Use Policy, we may disable your account without prior notice.
Applicable Law and Dispute Resolution
Which law is applicable to these terms. These terms and our relations are governed by the law based on the following:
- if your 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 your 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.
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 User Terms. In certain countries consumer laws could still apply for relations between you and us. In this case this section does not apply to you.
How we shall resolve disputes. If any dispute arises, you and we will send a written notice to the other. You 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. All actions under these terms may be filed with the court of your residence or with the court of the seat of Serokell OÜ.
Entire agreement. These User 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 User Terms. To the extent of any conflict or inconsistency between these User Terms and any documents referenced in these User Terms, these User Terms shall prevail. In case of conflicts between these User Terms and the Contract, the Contract shall prevail.
Waiver. The failure of either party to enforce its rights under these terms at any time for any period shall not be construed as a waiver of such rights.
Notice. All legal notices and messages under User Terms will be by e-mail. We will send you such a notice using the e-mail you use to access the service. You may send us such a notice to email@example.com. A notice is deemed to be received at the moment when it reaches the addressee’s e-mail.
For service support and for other questions you may contact us at firstname.lastname@example.org or at our mailing address below: Serokell OÜ, Pille tn 7/5-13 Tallinn, 10135 Estonia