Terms of Services

November 14, 2019 by Max Melcher

These Terms and Conditions (“Terms”, “Terms of Use“, “Terms and Conditions”, “Terms of Service”) govern your relationship with the website https://mevitco.de and Mevitco ProFile application for Microsoft Azure (the “Service”) operated by Mevitco UG (haftungsbeschränkt) (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

You must be of an age of majority in your state or province of residence. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.

1. Purchase and Subscriptions

The Service is billed on a subscription basis (“Subscription(s)”). For a purchase please go to Azure Marketplace.

At the end of each billing cycle, your subscription will automatically renewed under the same conditions unless you cancel it or Mevitco UG (haftungsbeschränkt) cancels it. You may cancel your Subscription renewal by deleting the application on Microsoft Azure or by contacting the Mevitco UG (haftungsbeschränkt) customer support team.

A valid Microsoft Azure subscription is required to purchase Mevitco Profile. Mevitco does not send separate invoices, the Microsoft Azure invoicing is used.

2. Fee changes

Mevitco UG (haftungsbeschränkt), in its sole discretion and at any time, may modify the Purchasing and Subscription fees. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Mevitco UG (haftungsbeschränkt) will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

3. Refunds

Except when required by law, paid Purchasing and Subscription fees are non-refundable.

4. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

5. Limitation Of Liability

In no event shall Mevitco UG (haftungsbeschränkt), nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

6. Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Mevitco UG (haftungsbeschränkt), its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

7. Free trial

Mevitco UG (haftungsbeschränkt) may, at its sole discretion, offer a Subscription with a free trial for a limited time period (“Free Trial”).

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for the Free Trial, you will not be charged by Mevitco UG (haftungsbeschränkt) until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Mevitco UG (haftungsbeschränkt) reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

8. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

9. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Mevitco UG (haftungsbeschränkt) and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Mevitco UG (haftungsbeschränkt).

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

12. LinksTo Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Mevitco UG (haftungsbeschränkt).

Mevitco UG (haftungsbeschränkt) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third–party websites or services. You further acknowledge and agree that Mevitco UG (haftungsbeschränkt) shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

13. Telemetry

For quality purposes, most of our applications use Azure Application Insights to log performance data (runtime, dependencies, exceptions) to increase the quality of the service. Even though this is not strictly required and could be be disabled, we recommend to run at least an own instance of Application Insights in your own subscription to have proactive alerting. No personal data is logged, data is deleted after 90 days.

13. Contact Us

If you have any questions about these Terms, please contact us at [email protected].