Terms and conditions of use

Introduction

These Terms of Use (“Terms”), together with any relevant Product Specific Terms (as defined below) (collectively, the “Terms”), regulate your access to and use of our websites, web-based applications, features and products, technical or customer support, discussion forums, or other interactive areas or services, along with any supplementary services (collectively referred to as the “Services”) and your installation and usage of any software product that we provide as part of the Services, which includes, but is not limited to, mobile and desktop applications, scripts, and related documentation (collectively termed the “Software”). If you have made a separate agreement with us regarding particular Services and Software, then the terms of that agreement take precedence in case of conflict with the Terms.

Binding Agreement

These Terms represent a legally binding agreement between you and Baisvik. If you utilize the Services or the Software, you confirm that you are of legal age to agree to the terms, or, if not, that you have received parental or guardian consent to accept the Terms. To use the Services and create an account with us, you need to be at least 13 years old.

Additional terms included 

These Terms are created to encompass, and integrate by reference, supplementary terms and conditions, applicable in the following manner:

·         Terms and licenses specific to the product. Should you decide to install and/or buy a license for one or more of our Software, additional terms specific to that product may be applicable. This encompasses - but is not restricted to the End User License Agreement (“EULA”) for individuals, and a License Agreement if you represent a business client.

·         Privacy policy. Our privacy policy, found at https://www.baisvik.com/en/privacy, aims to clarify our data processing operations.

·         Cookie Policy (relevant in the EU and UK). In certain nations, the legislation mandates that we provide a cookie policy outlining how our site employs web tracking technologies. Our Cookie Policy is available in the following regions: European Union (EU) nations and the United Kingdom (UK).

·         Agreement on Data Processing (for business clients). In certain countries, legislation mandates that we establish a data protection agreement with you if we manage Personal Data (as outlined in the relevant agreement) on your behalf as part of our Services and Software. This document is the EU Data Processing Agreement and will be provided when applicable.

·         Refund Policy. Our refund policy can be found at https://www.baisvik.com/en/refund-policy, which describes all the conditions related to refunds.

Acceptance of Terms

By visiting any website that connects to these Terms, or by using our Services in any way, you consent to adhere to these Terms. If you disagree with any portion of the Terms, you ought not to use our Services. Ongoing use of our Services indicates agreement with the Terms.

If you do not accept these terms, you need to stop using our Services and uninstall any software we provided.

Changes to Terms

We might modify the Terms occasionally as we refresh our Services or Software, or when we need to comply with relevant regulatory standards. Should we implement any major alterations, these will be indicated in the "last updated" note at the top of the Terms. Kindly check the Terms frequently. If you do not accept the revised Terms, you must stop using our Services and Software and, if relevant, terminate your subscription.

Description of Services

We offer a range of software products and online services, such as PC optimization tools and more. These services can be accessed through our websites and downloadable applications.

License and Products

License

Our software and services are licensed rather than sold. Contingent upon your adherence to the Terms and relevant laws, we grant you a non-exclusive, limited, non-commercial, revocable right to access, use, and install (if applicable) the Services and Software we provide to you (“License”), which you license from us, for the duration and areas specified in the Service license you opted to purchase or utilize. The License is intended for individual non-commercial purposes and may not be distributed. The version(s) of the Services and Software offered at the time of your renewal may differ from the version(s) you originally licensed from us. You acknowledge that your choice to utilize, access, or license the Services and Software is not based on the provision of any future capabilities or features, nor reliant on any spoken or written public statements made by us about future functionalities or features.

Trial and complimentary Services

We might offer free or trial Services or Software, promotions, and trial subscriptions at our exclusive discretion. If you receive access to the Services and Software at no charge, as a free service, or for testing purposes, such access is subject to these Terms. At any point before or during the free, complimentary services, or trial phase, we may, at our sole discretion, revoke that access without prior notice and without any liability to you, as permitted by applicable law, for any reason, including to prevent misuse of the free, complimentary services, or trial access.

Once the free services or trial period ends, you can keep using the Services or Software through a paid subscription, if offered, or as otherwise allowed by us. Throughout the free, complimentary services or trial phase, there will be no express or implied warranties applicable to the Services and Software; all Services and Software are offered “as-is” with all defects, and no technical or additional support will be provided.

Restrictions on use

You are prohibited from: (a) altering, adapting, translating, sublicensing, renting, leasing, or lending any part of the Service or software; (b) producing any derivative works based on any section of the Services or Software; (c) reverse engineering, decompiling, disassembling, or attempting to uncover the source code of the Services or Software; (d) utilizing an earlier version of the Services or Software after obtaining a media replacement or an upgraded version as a substitute for a past version; (e) removing or hiding any copyright or trademark notices, or the copyright and trademark notices of third parties that we or our licensors incorporated in the Services or Software; (f) using the Services or Software to host applications for others, as part of a facility management, timesharing, service provider, or service bureau arrangement; (g) using the Services or Software in any illegal manner or in a way not permitted by these Terms.

Subscription to the mailing list

Certain Services may involve signing up for the mailing list and receiving updates. By joining our mailing list, you consent to receive regular emails from us, which may include newsletters, promotional deals, updates, and other information associated with the Services, Software, or promotional offers. You may opt out at any point by selecting the "unsubscribe" link found at the end of any email we send or by reaching out to our customer support at: support@baisvikmail.com. We are dedicated to safeguarding your privacy and will manage your personal data in line with our Privacy Policy (https://www.baisvik.com/en/privacy). Your agreement to receive our emails is optional, and you can decide to revoke it whenever you wish. For additional information on how we handle and safeguard your data, kindly consult our Privacy Policy.

Online Shopping and Payment Options

Certain Services or Software might only be accessible after purchasing a license. When you opt to engage in a purchasing procedure, you might be directed to an external service that offers payment processing solutions. Ensure that you read and accept the terms and conditions of any third-party payment processor prior to making a purchase. Some products may come with trial offers, enabling users to evaluate the software prior to making a purchase. Trials are usually time-restricted and might feature limited functionality.

You grant us or our approved third-party payment processors permission to keep your payment method on file and utilize it in relation to your use of the Services and Software as outlined in your selected subscription or license and purchase terms and conditions. You permit us or our authorized vendor(s) to keep billing and charging your account for amounts due using the information we collect.

User Obligations and Conduct

You are required to utilize the Services and Software responsibly and must refrain from any misuse. By way of illustration but not limiting the general scope of this requirement, you should not: (a) utilize the Services and Software in violation of applicable laws, rules, or regulations, or in breach of any written license or agreement with us; (b) duplicate, scrape, alter, host, stream, sublicense, or resell the Services and Software, nor employ data mining or similar data collection and extraction techniques in relation to the Services and Software, including data scraping for machine learning or other aims; (c) allow others to use the Services and Software via your account credentials; (d) provide, utilize, or allow access to the Services and Software within a computer services business, through a third-party outsourcing service, on a subscription or membership basis, on a time-sharing basis, as part of a hosted service, or on behalf of any third party; (e) create a database or dataset that includes the Services or Software or their respective content, including for the purpose of reverse engineering; (f) access or attempt to access the Services and Software by any means other than the interface we provide or authorize; (g) bypass any access or usage restrictions established to prevent certain uses of the Services and Software; (h) defame or criticize any individual, whether natural or legal, or make comments that are obscene, offensive, or derogatory, or use the Services or Software or their content in a manner that damages our reputation or that of any third party; (i) share or produce any content, or act in a way that infringes on the Intellectual Property Rights of us or others. “Intellectual Property Rights” encompasses rights such as copyright, moral rights, trademark, trade dress, patent, trade secret, and other proprietary rights; (j) share or create any content or behave in a manner that is illegal, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, invasive of another person’s privacy, hateful, or otherwise objectionable; (k) disseminate any illegal content using the Services or Software, or in connection with them; (l) impersonate any individual or entity, or misrepresent your association with a person or entity, including failing to disclose any relevant sponsorship or endorsement when leaving a review; (m) attempt to intrude upon, disable, impair, or destroy the Services and Software; (n) upload, transmit, store, or otherwise make available any content or code that contains viruses, malicious software, malware, or any components designed to harm or restrict the functionality of the Services and Software; (o) disrupt, interfere with, or inhibit any other user from utilizing the Services and Software (including actions such as stalking, intimidation, harassment, or promoting violence or self-harm); (p) participate in chain letters, junk mail, pyramid schemes, phishing, spamming, or engage in other unsolicited communications, or take part in any fraudulent activities; (q) insert or inject advertisements for any products or services into the Services without our prior written consent; (r) artificially manipulate or disrupt the operation of the Services and Software; (s) create user accounts with the aim of breaching the Terms, including but not limited to forming fake accounts or circumventing account terminations; (t) manipulate or visually display the Services and Software using framing or similar navigational technologies.

The restrictions mentioned above are a requirement for your use of the Services and/or Software, and you consent to follow them at all times.

 

We do not accept any liability or financial or legal responsibility arising from the inappropriate use of the Services or Software beyond the intended fair use. You bear full responsibility for how you utilize the Services and Software.

Intellectual Property

We (and our licensors, when relevant) continue to be the exclusive owners of all rights, titles, and interests in the Software and Services. Unless clearly mentioned in the Terms, we do not provide you any rights to patents, copyrights, trade secrets, trademarks, or any other rights concerning the materials in the Services or Software. This indicates that you cannot utilize our trade names, trademarks, service marks, or logos in relation to any product or service that isn’t ours, or in any way that may lead to confusion. We retain all rights not provided under the Terms.

User Content

User Generated Content

We might feature content created by our users (UGC). If you use our Services, you might encounter UGC that you may find disturbing or objectionable. We take no responsibility for that UGC, and we encourage you to inform us so we can handle the issue appropriately. If accessible, you can also click the “Report” button to notify us about this content. You can discover additional information about our content moderation policies and procedures, including how to report content to us, in our Acceptable Use Policy.

User Content - License 

Between you and us, you retain ownership of your Content (as defined below) and grant us a license to utilize it for the Services. The term “Content” refers to any material you create, upload, or utilize with the Services or Software, encompassing text, information, communications, or any media such as audio files, video files, electronic documents, or images that you put onto, import into, embed in, or generate using the Services and Software. 

You are granting us, along with our affiliates and third-party vendors, a non-exclusive, worldwide, royalty-free license to perform the following with your Content in relation to operating and providing you with the Services and Software: reproduce, duplicate, or cache your Content, distribute it (for instance, publishing your work at your request to third-party platforms or services, sharing Content through our Services, or permitting these authorized individuals to download your Content), create derivative works, publicly display, publicly perform, and sublicense these rights to third parties that act on our behalf (for example, we engage trusted cloud infrastructure providers and content delivery networks that are subject to confidentiality and privacy restrictions to enhance your access to your Content). 

If you upload your Content onto our servers for public sharing through the Services, we, our affiliates, or any third parties are not liable for (a) any loss, corruption, or damage to your Content; (b) the removal of Content by anyone other than us; or (c) the inclusion of your Content by third parties on other websites or in various media.

Prohibited Content

You are expressly forbidden from posting, uploading, or transmitting any content through the Services or Software that is (a) illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of someone's privacy, hateful, or objectionable in terms of race, ethnicity, or otherwise; (b) Violates any Intellectual Property Rights or other rights held by any party; (c) Contains viruses, malware, or any other computer code, files, or programs aimed at disrupting, damaging, or limiting the function of any computer software, hardware, or telecommunications equipment; (d) Advocates for illegal activities or behavior that is abusive, threatening, obscene, defamatory, or libellous; (e) Represents unauthorized or unsolicited advertising, junk or bulk emails (also known as "spamming"), chain letters, any other kind of unauthorized solicitation, or any type of lottery or gambling; (f) Pretends to be any person or entity, including any of our employees or representatives; (g) Breaches any local, state, national, or international law or regulation. We reserve the right to delete any content that breaches these terms and to suspend or terminate access to the Services for users who partake in such actions. Users found to be violating these guidelines may also be reported to the relevant legal authorities.

Third-Party Content and Services

We may provide you access to third-party software and services (including plug-ins and extensions) through our Services and Software. Certain features or tools we provide as part of the Services or Software may make use of third-party technology or services. Any interactions, engagements, or purchases you make involving third-party software or services fall outside these Terms, and the terms and conditions set by those third parties will apply. You can find some applicable third-party terms related to your use of the Services and Software here. It is your obligation to review, agree to, and adhere to all relevant third-party terms.

Privacy Policy

Our Privacy Policy (accessible at: https://www.baisvik.com/en/privacy) forms a key component of these Terms. It details our methods for collecting, utilizing, sharing, and safeguarding personal information when you engage with our Services and/or Software. By utilizing our Services, you agree to the data practices outlined in our Privacy Policy.

Cookie Policy

Certain areas mandate that we provide a cookie policy to detail the cookies, tags, and pixels utilized in our Services, both by ourselves and by third parties. If you are accessing the Services from the EU or UK, you will be able to find this information in a specific Cookie Policy made available to you. Our Cookie Policy outlines how we employ cookies and similar tracking technologies on our websites and web applications. By utilizing our Services, you consent to the use of cookies as outlined in this policy.

Limitation of Liability; Disclaimer of Warranty; Indemnification

Limitation of Liability

Unless specifically mentioned in the Terms or any relevant EULA or product-specific additional terms, we shall not be held liable to you or any third parties for any special, incidental, indirect, consequential, moral, exemplary, or punitive damages of any kind, regardless of the cause. This includes any losses or damages related to loss of usage, data, reputation, revenue, or profits; as well as damages arising from any legal theories, including breach of contract or warranty, negligence, or other tortious acts, or stemming from your use of or access to the Services and Software. However, nothing in the Terms will limit or exclude our liability for gross negligence, willful misconduct on our part or that of our employees, death, or personal injury. In no circumstance shall our overall liability in any situation relating to the Terms exceed (a) US $150; or (b) the total amount you have paid for access to the Services and Software in the 6 months preceding the incident that led to the liability. Our vendors or any other third parties shall bear no liability in any situation related to the Terms.

These limitations and exclusions in this section will apply to the fullest extent allowed by law, even if a remedy does not adequately cover your losses or fails to achieve its primary purpose; or if we, jointly or individually, were aware or should have been aware of the potential for damages.

Disclaimer of Warranty

Unless explicitly outlined in the Terms or any relevant EULA or additional product-specific terms, the Services and Software are offered on an “AS-IS” and “AS-AVAILABLE” basis. To the fullest extent allowed by law, we, along with our affiliates and third-party providers (“Parties”), renounce all warranties, whether expressed or implied, including the implied warranties of non-infringement, merchantability, and suitability for a specific purpose. The Parties make no assurances regarding the content contained within the Services or Software. Additionally, the Parties specifically reject any warranty that (a) the Services and Software will satisfy your needs or be continuously accessible, uninterrupted, timely, secure, or free from errors; (b) the outcomes derived from using the Services and Software will be effective, precise, or dependable; (c) the quality of the Services and Software will align with your anticipations; or (d) any mistakes or shortcomings in the Services and Software will be rectified. The Parties explicitly deny any responsibility for any actions stemming from your utilization of any Services and Software. You are permitted to use and access the Services and Software at your own risk and discretion, taking full responsibility for any damage to your computer system or loss of data that may occur as a result of using and accessing any Service and Software.

Indemnification

You agree to protect us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors against any claims, demands, losses, or damages, including reasonable attorneys’ fees, that arise from or are linked to (a) your use of the Services or Software; (b) Content you have generated, uploaded, or created; (c) your interactions with other users; or (d) your breach of the Terms. We reserve the right to manage the defense of any situation where you are required to indemnify us, selecting counsel of our choice. You will provide full cooperation to us in the defense of any such matters.

Term and Termination

You have the ability to cancel your subscription and cease your use of the Services and Software at any moment. Termination or cancellation of your account does not absolve you of your responsibility to pay any outstanding fees linked to your subscription, which may include, but are not limited to, any early termination fees that might apply. Unless stated otherwise in the Terms or any relevant agreement or policy, we maintain the right to immediately terminate or suspend your access to the Services and Software at any time, at our sole discretion, in any of the following situations: (a) an actual, alleged, or suspected violation of any term of the Terms; (b) failure to pay fees for the Services and Software on time, if applicable; (c) abusive, threatening, bullying, or harassing conduct; (d) frequent complaints made in bad faith or without a sound basis; (e) breach of any relevant laws; (f) the discontinuation of the Services and Software in part or whole, if continuing to offer Services in your region becomes impractical due to changes in law or other reasons; or (g) a prolonged interval of inactivity in your free account. If we terminate the Terms or your access to the Services and Software for reasons other than a cause, we will make reasonable attempts to inform you using the email address you have provided to us.

Survival

Upon the end or cancellation of the Terms, certain or all of the Services and Software might stop functioning without prior notice. The subsequent terms will remain in effect after any termination: Intellectual Property, User Conduct, Indemnification obligations, Warranty Disclaimers and Limitations of liabilities, along with the dispute resolution provisions outlined in the Terms will continue to apply.

Governing Law and Dispute Resolution

Prior to starting any dispute or for any questions regarding a possible dispute, please reach out to our customer care team at: support@baisvikmail.com.

Central and North America

For customers located in North or Central America, these Terms are regulated by the laws of Quebec, Canada, and will be interpreted accordingly. Any disagreements resulting from or associated with these Terms or the use of the Services must be settled solely in the courts situated in the province of Montreal, Quebec, Canada.

EU, EEA and Switzerland

If you are a consumer located in the EEA, please reach out to us to address any issues directly. For customers situated outside Central or North America, these Terms are regulated by the laws of the European Commission, and the following dispute resolution process will be implemented:

Any disagreement, controversy, or claim that arises from or relates to these Terms and Conditions, including questions concerning its existence, validity, or termination, shall be submitted to and conclusively resolved by arbitration in accordance with the rules of the International Chamber of Commerce (ICC), which are considered to be included by reference in this provision.

The location for arbitration will be London, England. The arbitration proceedings will be conducted in either English or French. A single arbitrator will oversee the arbitration unless the parties reach a different written agreement.

No Class Actions

You are only permitted to resolve disputes with us individually, and you cannot file a claim as either a plaintiff or a class member in any class, consolidated, or representative action. However, if any part of this class action waiver is found to be unenforceable or invalid concerning a specific remedy, then that remedy (and only that remedy) must be separated from arbitration and can be pursued in court. The parties agree that any court proceedings regarding remedies not subject to arbitration will be put on hold until the resolution of any claims and remedies that can be arbitrated.

Government Terms

If you represent a U.S. government entity, or if the Terms are currently subject to or later become subject to the Federal Acquisition Regulations (FAR), then the Services and Software provided under these Terms are categorized as “Commercial Product(s) or Commercial Service(s)” as defined in 48 C.F.R. §2.101, which includes “Commercial Computer Software” and “Commercial Computer Software Documentation,” along with associated services used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as suitable. In accordance with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as relevant, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Federal Government End Users (a) solely as Commercial Products and Services; and (b) with only those rights that are granted to all other end users as outlined in the Terms. Rights that are unpublished are retained under U.S. laws.

Miscellaneous

English Version 

These Terms might be provided in multiple languages for ease of access. The English version of the Terms will be the authoritative version when it comes to interpretation or understanding of the Terms.

Non-Assignment

You cannot assign or transfer the Terms, or your rights and responsibilities under them, either fully or partially, without our written approval, and any such attempt will be considered invalid. We reserve the right to assign or transfer our rights under the Terms to a third party without needing your approval.

Headings

The headings included in the Terms are for convenience purposes only and will not be utilized to interpret meaning or intent.

Severability

If any part of the Terms is determined to be invalid or unenforceable for any reason, the rest of the Terms will remain in full effect, and that specific part will only be ineffective to the extent that it is deemed invalid or unenforceable.

No Waiver

Our inability to enforce or implement any part of the Terms does not mean that we are waiving that part.

Force Majeure

Neither party shall be held responsible to the other for any delays or failures in fulfilling any obligations (except for your payment obligations to us) under the Terms if such delays or failures arise from unforeseen events occurring after the Terms take effect and are beyond the reasonable control of the parties. These events may include strikes, blockades, wars, acts of terrorism, riots, natural disasters, or denial of licenses by governmental entities, as long as the event hinders or postpones the affected party's ability to meet its obligations and the party cannot reasonably prevent or resolve the force majeure at an acceptable cost.

Feedback

We welcome your thoughts and opinions regarding the Services, Software, or these Terms ("Feedback"). By sharing your Feedback with us, you consent to our use of it for our business objectives without any compensation or obligations to you. We encourage you to contact us with any Feedback prior to making any public or private statements, arguments, or remarks, so that we can have the chance to learn.

Contact Information

If you have any inquiries, concerns, or require help with these Terms or our Services, please reach out to us through the methods listed below:

• Email: support@baisvikmail.com

For questions regarding customer support and specific products, please check the contact information available in the product documentation or on our website. We aim to address all inquiries quickly and offer the support needed to address any concerns you might encounter. Your feedback matters to us, and we invite you to share any comments or suggestions you may have.