These Terms of Service (“Terms”) govern your use of the websites, mobile applications and services (collectively, the “Services”) provided by Micepad (as defined below).
By accessing the websites 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 website and/or the Service.
By downloading, browsing, accessing or using the Services in any manner, you agree to be bound by these Terms of Service. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms of Service, you must immediately discontinue your access and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be. Micepad reserves the right to change or modify these Terms at any time. You will be deemed to have agreed to the amended Terms by your continued use of the Services following the date on which the amended Terms are posted here.
Subject to your compliance with these Terms, Micepad grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
You shall use the Services in accordance with these Terms and shall not:
You agree to use the Services only for purposes that are permitted by (a) the Terms, (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and shall not:
You would need to have an account with Micepad (“Account”) in order to use some parts of the Services. When you create an Account, you represent and warrant that:
If you are under 18 years of age, you may only use the Services with the consent of and under the supervision of your parent or legal guardian who shall be responsible for all your activities.
You are responsible for maintaining the security of your Account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You grant us the right to add your name and company logo to our customer list and website.
For our Full-Service Subscriptions, as long as you have paid all fees owed to us, if you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Subscription Service to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the account, we may charge a re-activation fee. We may withhold access to Customer Data until you pay any fees owed to us. Thirty (30) days after termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data and may, unless legally prohibited, delete all Customer Data in our systems or otherwise in our control.
For our Limited Service and Free Subscriptions, we will not provide you with any access to Customer Data after termination or expiration of your subscription.
You acknowledge that the software provided may contain bugs and errors. The software provided to you "as is" and any use of the software is at your own risk.
To the extent legally permitted under the applicable law, Micepad disclaims all warranties, whether express, implied or statutory, including without limitation, any implied warranties of title, non-infringement of third party rights, merchantability or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.
You agree that to the extent legally permitted under the applicable law, Micepad shall not be responsible for any loss or damage to you, your customers or third parties caused by failure of the software to function. In no event will Micepad be liable for any special, consequential, exemplary, incidental, or indirect damages (including, without limitation, those resulting from lost profits, cost of substitute goods, lost data or business interruption) in connection with the use of the software or in connection with any other claim arising from this agreement, even if Micepad has been advised of the possibility of such damages. The aggregate liability of Micepad arising from or relating to this agreement and the software, regardless of the form of action or claim (e.g., contract, warranty, tort, strict liability, negligence, fraud or other legal theory) is limited to the amounts paid by you to Micepad during the six month period preceding the event giving rise to liability. Nothing in this agreement shall limit or exclude Micepad’s liability for gross negligence or intentional misconduct of Micepad or its agents or employees, or for death or personal injury. Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You will indemnify and hold harmless Micepad, its subsidiaries, affiliates, partners, suppliers, licensors, shareholders, officers, employees, independent contractors and agents and all successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses resulting from: (a) your use of the Services; (b) your Content; (c) any use of your Account; (d) your breach of these Terms; (e) your breach of any statutory requirement, duty or law; or (f) your violation of any rights of another person or entity.
Micepad does not warrant that the Services will be compatible or interoperable with your device or any other piece of hardware, software, equipment or device installed on or used in connection with your device. Furthermore, you acknowledge that compatibility and interoperability problems can cause the performance of your device to diminish or fail completely, and may result in permanent damage to your device, loss of data located on your device, and corruption of the software and files located on your device. You acknowledge and agree that Micepad and its subsidiaries, affiliates, partners, suppliers and licensors shall have no liability to you for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
These Terms shall be governed by and construed in accordance with the laws of Singapore. Both you and us agree to submit to the exclusive jurisdiction of the courts of Singapore as regards any dispute or matter arising under these Terms.