Terms and Conditions

This Terms and Conditions Agreement (“Agreement”) shall be the document governing your use of the website of INIT GRUPA d.o.o., Ulica Dominika Mandica 32 A, Zagreb, Croatia, at www.sitesails.com (“Company”) and any services which can be found on the same (“site”). By using the site, you hereby expressly agree to be automatically bound by this Agreement. With this, you are hereby highly encouraged to carefully read this Agreement before commencing or continuing with any use of the site. If you disagree in any manner with this Agreement, you should first pause any use of the site until such a time when you have finally consented or agreed with its respective terms.

During your use of the site, you may eventually decide and avail of one of the other services which the Company offers, including entering into a separate offline agreement in order to signify the same. The said separate agreement, if any, and these terms shall work hand in hand but in case of any conflict, the former shall prevail with respect to any services which may have prevailed.

The site hereby reserves the right to amend this Agreement as it sees fit, without the need of sending any particular notifications in order to effect any changes. You agree that you are solely responsible for making sure that you are updated with any changes to this Agreement. Further, you also acknowledge that your continued use of the site after any amendments to this Agreement shall constitute your express acceptance of any changes to this Agreement.

1. Services definition

SiteSails is a next generation headless Content Management System and a Backend-as-a-Service platform providing a centralized content management and various backend services through a user-friendly dashboard and programettically through REST API and client modules.

The description, service fees, and/or subscription packages for each of these services may be further described in the products pages and other pages of the site of the Company, which are also considered incorporated into this agreement, or any specific service agreement which you may sign with the Company.

In case of conflict between this agreement, the specific product page, and the service agreement you signed with the Company, the latter shall be of primary importance, followed by the specific product page.

2. Service prices and packages

Each segment of SiteSails’ services are more thoroughly explained in their product pages, which can also contain the specific fees or specific subscription packages for each particular service. If you inquire or avail of a particular package or service, you hereby agree to provide truthful and relevant information so that the Company would be able to properly assess the needs of your business, and which package or services to recommend.

3. Service fees, delivery, and term

You hereby agree that you will pay for any fees or any subscription packages of SiteSails’ which you have availed of in writing. The duration of services shall begin on the agreed upon commencement date, and where you have availed of a particular subscription, the said subscription shall automatically renew on a month to month basis for monthly packages, on an annual basis for an annual package, and so on and so forth unless written termination is given 15 days prior to the end of the said subscription package.

Digital Delivery

Delivery of the Company’s services or products that you have availed of shall be digitally, and upon your full payment of indicated fees and compliance with these terms, or any other agreement or policy required by the Company as a requisite to avail of its products or services. You agree that all fees should be received by the Company on a net basis, and that you are responsible for shouldering any payment facility fees, taxes, interests, or any other charges, whether international or local. If the Company made a mistake in terms of the amount which it billed or charged from you, the Company reserves all rights to make additional charges on account of taxes, payment facility charges, or any other charges which it will need to collect in order to ensure that the Company will receive the indicated subscription fee without any deductions.

The Company hereby reserves the right to enforce new services, fees, subscription prices, and to change or alter the fees of its services. In such an event, you hereby agree to pay all required charges, including payment facility charges, taxes, and other charges as a consequence of such changes in prices.

For any subscription, the changes shall be immediately effective upon the next billing cycle.

4. Payment

By using the site, you agree that you may be required to make payments either to the site, other users, or third-party payment facilities installed by the site, whether directly, indirectly, or on an escrow basis. You hereby absolutely agree that the site may collect any and all personal information, payment Information, or any information which is relevant to enable you to potentially or actually make payments to the site, the Company, or any third-party payment gateways or facilities installed by the site. You also hereby absolutely agree to allow the site, or any third-party payment gateways or facilities installed by the site, to charge and collect payments from you, and/or from any other alternative particular payment method you provided, or on the basis of the payment information you provided, whether directly, indirectly, or on an escrow basis. You agree that your mere use of this site represents your consent and approval to make the Site, the Company, or its third-party Payment Facilities as your authorized representative in order to charge, debit, or collect amounts from your credit card, debit card, bank accounts or whatever payment method is the case.

You agree that any payments charged by the site, the Company, or third-party payment facilities on you are absolutely non-refundable in nature – however, in its sole discretion, the site, the Company, or third-party payment facilities may return any payments you made in their sole discretion.

5. Termination

You agree that the Company may terminate the service or subscription you chose, or restrict your access to its services at any time in its sole discretion, without the need for any prior notice to you, and especially if you violated any of these Terms or the Company’s policies. This means that the Company may also disable your registered accounts with the services, especially for cases where you violated any law or these terms and agreements, or for any false information which you may have provided either when you signed up to the site, when you applied for a subscription, or in your payment details. In the event of a termination, you agree that your fees are non-refundable, but the Company may decide, in its sole discretion, to refund a prorated portion of what you paid prior to termination.

6. Disclaimer of warranty

The Company, its officers, shareholders, directors, employees, agents, affiliates, and third-party providers do not guarantee nor make any representations or warranties with respect to the availability, timeliness, completeness, or accuracy of its services, or any information related to the services, whether contained in the website or not. The services of the Company are thereby provided on an “as is” basis.

Neither does the Company make any warranties of any kind, whether expressly or impliedly, including but not limited to warranties of fitness for a particular purpose, accuracy, quality, and merchantability. Unless expressly stated in this agreement, no oral or written information or advice which we, or even by our representatives shall create warranties.

7. Refunds, cancellations, and renewals

You agree that all fees or subscription fees which you pay to the Company are non-refundable. You agree that you will not be naturally entitled to any refunds, even for cancellations and partial usage of the services of the Company, except with the Company’s consent.

You also hereby agree that all of your subscriptions to the Company will automatically renew at the end of each term, and as such, you also authorize the Company to automatically charge you for renewals.

To avoid automatic renewals, you hereby agree that it is your duty to cancel your subscription by notifying the Company in writing of your intention to cancel.

8. Enhancements and modifications

The Company hereby reserves the right to charge you extra or to increase its subscription rates completely should it update its service. You hereby agree to pay all additional charges which the Company may require as a result of any updates or modifications to its services.

9. Limitation of liability

You hereby expressly agree to release the Company from any liability, whether directly or indirectly, or of any kind, which may arise from the use of its services, or any of its offered subscriptions.

10. Ownership

This agreement does not grant to the you or any third party any right to use the code, designs, or intellectual property of the Company except as expressly set forth herein, nor does it grant to you or any third party any ownership right, title or interest in or to the same. All right, title and interest in and to the copyrights, trademarks, patents, trademarks and other intellectual property rights in the products and services of the Company are and shall remain with the Company.

11. Customer responsibilities

You shall only use the services of the Company as contemplated by this agreement, and shall not use the same to

(a) send repetitive, unsolicited, or spam messages;
(b) to collect the data or information of third parties without their consent
(c) use the service to send or transmit illegal, libelous, threatening, obscene, or harmful content;
(d) use the service to send viruses or other harmful computer code, files or scripts.

12. Indemnification agreement

You agree to indemnify the Company, its directors and employees for any exposure to damages, loss, civil, administrative, or criminal actions resulting or arising from your use of the services.

13. Governing law

This agreement shall be interpreted in accordance with the laws of Croatia, and all actions arising from this agreement shall be initiated in the courts of the said jurisdiction.