Term of Service
1. Acceptance of Terms
Using services provided by SeaSoo (“we”, “us” and term of similar meaning) you agree to the following Terms of Service (“ToS”) governing your use of the SeaSoo online invoicing service (“Service”). If you do not agree to these Terms in their entirely, you must stop using the service.
In these Terms, our customers and their staffs (“accountant”, “bookkeeper”, “admin”) to whom they give access to their SeaSoo Account are called “Users”. Our customers’ customers who use the service are called “Customers”.
In case you stand on behalf of a company or other legal entities, you represent that you have the authority to bind such entities to these Terms of Service, in which case the terms “you”, “your” or “User” shall refer to such entities. SeaSoo reserves the right to update and change the Terms of Service from time to time without notice or acceptance by you. You must be at least 18 years old to use the Service.
2. Account Registration
In order to use the Service, you must have a SeaSoo Account. You agree to (a) provide accurate, current and complete information (“Registration Data”) as may be prompted by the Service’ registration form; (b) keep the security of your password and your API key; (c) maintain and promptly update the Registration Data to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to use Service. You are responsible for all activities on and all charges incurred by your SeaSoo Account.
3. Fees; Charges; Taxes
Fees and any other charges for the use of the Services are described on the Website, Pricing part or on the page which appears when you attempt to process payment. They may change from time to time. If we change them, we will inform you at least 30 days in advance. During billing period when the change occurs, any change to fees and other charges will not be applicable to the billing.
All Posted Mail Stamps purchased are non-transferable and non-refundable. You will not receive repayment for stamps you do not use.
In any applicable jurisdiction, you are responsible for all taxes which are applicable to the fees and charges.
5. Technical, Customer, and Sales Support
Technical, customer, and sales support is only provided via email or other online means.
6. Ownership, Copyright and Trademarks
The content including all information data, text, logos, marks, designs, images, pictures, sound files, video files, other files, their selection and arrangement, is called “Content”. Content provided or generated by Users when using Service is called “User Content”.
User Content belongs to User’s property and User has to take responsibility for the meaning, usage and the effects of the User Content. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. We have only right to grant the limitation to Users’ usage regarding to their tariffs chosen. These tariffs are described on the SeaSoo Website.
Other content than the User Content available on the Service is the property of SeaSoo or its licensors, and is protected by German and international copyright laws, and all rights to the Services are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SeaSoo.
You acknowledge and agree that SeaSoo may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the ToS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of SeaSoo, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Additional Software
With respect to any additional software that may be made available by SeaSoo, our affiliates in connection with the Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
You agree to indemnify, hold harmless and defend SeaSoo and its directors, officers, employees and agents from and against any action, claim, demand, dispute, or liability, including reasonable attorney’s fees and costs, arising from or relating to: (i) User’s breach of this Agreement; (ii) any negligence or willful misconduct of User; (iii) any allegation that the Site or User Content infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets; or (iv) any action or conduct of SeaSoo undertaken pursuant to this Agreement. User agrees that SeaSoo shall have the right to participate in the defense of any such claim through counsel of its own choosing.
9. Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission by SeaSoo.
10. General Practices Regarding Use and Storage
You acknowledge that SeaSoo may establish general practices and limits concerning use of the Service.
11. Modifications to Service
SeaSoo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SeaSoo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. SeaSoo’s Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SeaSoo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SEASOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SEASOO MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, SEASOO IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. SEASOO DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
14. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or website posting. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to you generally on the Service. The Terms of Service and the relationship between you and SeaSoo shall be governed by the laws of Stuttgart without regard to its conflict of law provisions. You and SeaSoo agree to submit to the personal and exclusive jurisdiction of the courts located within Stuttgart. The failure of SeaSoo to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SeaSoo and govern your use of the Service, superseding any prior agreements between you and SeaSoo (including, but not limited to, any prior versions of the Terms of Service). You also may be subject to additional terms and conditions that may apply when you use affiliate or other SeaSoo services, third-party content or third-party software. If any provision of the Terms of Service or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.