GameLayer Terms of Service
Effective Date: 01.07.2024
1. General Information
1.1 This Service Agreement sets out the general Terms of Service that apply to the Customer’s use of the GameLayer Platform (as defined herein below). Access to the Platform will be granted by username and password initiated by GameLayer via the integrated Auth0 (www.auth0.com) authentication and authorization platform. The username is specific to GameLayer and an existing Auth0 username will not grant access nor will a social log-in.
1.2 These Terms of Service shall apply if no other similar provisions have been agreed upon between the Parties.
1.3 By accessing, using, or otherwise making use of the Platform, the Customer agrees to be bound by the Service Agreement and any Annexes, including these Terms of Service. If the Customer does not accept this, the Customer is prohibited from accessing, using, or otherwise making use of the Platform.
1.4 All Service Fees are based on integration of the Platform to the Customer’s own service offering, unless otherwise agreed separately. An introduction to the Platform may be provided by GameLayer (in a manner determined by GameLayer from time-to-time) and support, as further specified herein, will be included within the Service Fee.
2. Definitions
2.1 Unless otherwise specified in the Service Agreement, the following words or phrases shall, when capitalized in the Service Agreement or these Terms of Service, have the following meanings:
a) “Account” means the named account that the User(s) has access to the GameLayer Platform.
b) “Company” means GameLayer Oy.
c) “Customer” or “Licensee” means the Party identified as the company or organization for whom the User is employed by or authorized to represent towards the Company, and whom shall be responsible for making payments for using the service in premium accounts.
d) “Data” means any content added to the Platform or created by the Customer through using the Platform.
e) “Downtime” means interruptions in the Service provided by the Company in accordance with the Uptime commitments.
f) “Effective Date” means the date when the Service Agreement becomes valid through the Customer signing-up for an account with the Company or other such indication of intent to use the Platform for the purposes set forth in these Terms of Service.
g) “Force Majeure” means events outside of the Company’s reasonable control and which prevent or have a substantial negative effect on the Company’s ability to perform its obligations under the Service Agreement, and shall include, but not be limited to war, civil war, revolutions, public unrest, riots, labour conflicts, strikes, government intervention, power failure, internet failure, utility failure, flooding, fire, earthquakes, severe weather, pandemics.
h) “GameLayer” or “Licensor” means GameLayer Oy, a private limited company incorporated in Finland, with the registered company number 2503589-1.
i) “License” means a non-exclusive, non-transferable, limited, and revocable right to access and use the Platform under these Terms of Service further set forth herein or as otherwise agreed to between the Parties.
j) “License Agreement” means a separate contract entered into between the Company and the Customer regarding the Customer’s use of the Platform, payment of Service Fees, and the Terms of Service therefor.
k) “Service Fee” means the payment by the Customer to the Company in return for access to the Platform and any associated License required to integrate the GameLayer Platform in its own service(s).
l) “End-User” means an individual end-user who participates in a digital experience created by the Customer and enabled by the Platform.
m) “Managed services” means non-license-based services delivered by the Company such as designing a gamification concept, implementing a gamification concept, managing the in-market content of a gamification concept, etc.
n) “Party” or “Parties” means either, or both, of the Company and the Customer.
o) “Platform” means the software platform developed and provided by the Company pursuant to this Service Agreement.
p) “SaaS” means “software-as-a-service”, a non-downloadable, remote connection accessible software application.
q) “Service Level” shall have the meaning defined in the Service Level Agreement section.
r) “Support” means remote troubleshooting and basic usability assistance as described in the Service Level Agreement.
s) “Term” means a period specified in the Service Agreement during which a License to the Platform is granted.
t) “Terms of Service” mean this Service Agreement and these Terms of Service.
u) “Territory” means a geographical area, an industry, and/or a particular group of potential customers or recipients, as specified in the Service Agreement.
v) “Update” means any amendment, addition, or removal of specific functionalities, content, and/or features to the Platform.
w) “Uptime” means Platform accessibility (subject to normal remote access from the Customer via the internet) without substantial errors or malfunction.
x) “User” means an individual employee or agent of the Customer who is granted access to the Platform through a unique username and password.
y) “Registration” means unique registrations made to the digital experience by end-users.
3. GameLayer’s Services
3.1 Under this Service Agreement, the Customer may access GameLayer for the purpose of implementing and integrating gamification experiences enabled by the Platform.
3.2 GameLayer’s services are offered on a SaaS model basis, i.e., the Customer always has access to the software. The Platform is continuously developed and updated to improve its performance. GameLayer makes no representations or warranties about specific functions, functionalities, features, or other qualities of the Platform.
3.3 Hosting, upgrading, and maintenance of the Platform shall be provided by the Company and is included within the Service Fee.
3.4 The Company provides operational support, via email, between 8:00 – 18:00 (CET) during weekdays. All support inquiries shall be sent to support@gamelayer.co. Support outside of these operating hours will be agreed upon on a Customer-specific basis.
4. Managed Services
4.1 Managed services at the Customer’s request may be agreed upon and invoiced separately.
5. Payment of Service Fee
5.1 The Service Fee is agreement-specific and is regulated in this Service Agreement specification. Fees are based on monthly active users and include specific pricing tiers which are detailed in the pricing section of the website [HERE]
5.2 The Service Fee will be invoiced and billed automatically to the users account that was provided during the account set-up. Unless otherwise agreed, invoices will be issued at month start and the account will be debited at the same time.
5.3 The Company will issue invoices for the Service Fee, typically on the 1st day of the month based on Platform data from the previous month’s usage. Such data will be made available to the Customer at the time of invoicing.
5.4 In case of late or missed payment, interest will be calculated from the invoice date in accordance with the Finnish Interest Act. (Full payment for invoices issued in any given month must be received by the Company) on the day of invoice date. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in the immediate termination of the Service. The Customer shall be responsible for all taxes associated with the Services.
5.5 The Company reserves the right to change the Fees or applicable charges and to institute new charges and Fees upon ninety (90) days prior notice to the Customer (which will be sent by email).
5.6 If the Customer believes that the Company has billed the Customer incorrectly, the Customer must contact the Company no later than 30 days after the closing date on the first billing statement in which the error or problem appeared, to receive an adjustment or credit.
6. Rights to Data and the GameLayer Platform
6.1 The Company hereby grants to the Customer a limited, non-transferable, non-exclusive right to use the Platform for the purpose of accessing and using the Platform and its functionality as specified in the Service Agreement for the purposes described in the Service Agreement.
6.2 Any Data regarding the Customer’s Users, Customer’s End-Users and the content used in connection with the Customer’s services always belong to the Customer, and the Company shall only use such Data solely for the provision of performing or enabling services on the Platform.
6.3 The Company has the right to collect and analyse Data and other information relating to the provision, use and performance of various aspects of the Services and related systems, and technologies (including, without limitation, information concerning customer data and data derived therefrom), and the Company will be free (during or after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein. The Company shall undertake reasonable efforts to comply with all laws as applicable to Personal Data as defined and described under the EU General Data Protection Regulation (“GDPR”).
6.4 The Company is the sole owner of all copyrights and all other intellectual property rights related to the Platform now and in the future.
6.5 The Customer may not damage, delete, or modify any files or code within, or that give access to use of, the Platform. The Customer is also not permitted to change or remove any statement and/or comments on copyright, trademark, or other rights existing within the Platform.
6.6 The Customer will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Service or any software, documentation or data related to the Service (“Software”); modify, translate, or create derivative works based on the Service or any Software (except to the extent expressly permitted by the Company or authorized within the Service); use the Service or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels. For the sake of clarity, the Customer shall not be restricted from using the concepts or ideas (events, missions, achievements, etc.) deployed during this partnership, unless separately specified and jointly agreed to in writing, in future solutions that it may develop on its own or with future partners. It is understood that such concepts are freely available in the public domain.
7. Data Protection and Hosting
7.1 The Parties are individually responsible for complying with their respective obligations regarding any processing of personal Data by the Company on behalf of the Customer in connection with the use of the Platform. The Company acts as a data processor only on instructions from the Customer who is responsible for the Data.
7.2 As data processor, the Company takes the necessary technical and organizational security precautions to prevent information being accidentally or illegally destroyed, lost, or impaired, and to prevent it from becoming known to unauthorized persons, being misused, or otherwise processed in violation of the GDPR. The Company shall comply with any Data Processing Agreement made between the Parties. At the Customer’s request, the Company shall reasonably provide sufficient information to ensure that the technical and organizational security measures have been taken.
7.3 The Platform is hosted through Microsoft Azure Cloud Services in North Europe, or at another similar hosting facility or provider chosen by the Company from time-to-time in its discretion within EU/EEA.
7.4 Data protection terms and conditions may be set forth in a Data Processing Agreement between the Company and the Customer should this be required for the Customer to collect Data as part of a digital experience.
7.5 A snapshot of the data will be taken daily and retained for seven (7) days, weekly for four (4) weeks and monthly for two (2) months within the Company’s dedicated MongoDB environment. The Company reserves the right to amend its Data Retention Policy at its own discretion, however, will provide at least thirty (30) days’ notice to the Customer should the frequency of snapshots or duration of retention be reduced.
8. Legality
8.1 The Customer warrants and shall ensure that the Customer’s use of the Platform in all respects is lawful in every jurisdiction within the Territory. In particular, the Customer must ensure that the necessary consent for processing personal data is obtained and that all relevant rules regarding the processing of personal Data, on marketing, on consumer protection, on spam and on use, etc. is complied with.
8.2 The Customer represents, covenants, and warrants that the Customer will use the Services only in compliance with the Company’s standard published policies then in effect (the “Policy”) and all applicable laws and regulations. The Customer hereby agrees to indemnify and hold harmless the Company against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from the Customer’s use of Services. Although the Company has no obligation to monitor the Customer’s use of the Services, the Company may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
9. Confidentiality
9.1 The Company treats all Data confidentially.
9.2 The Parties shall keep confidential all information (written or oral) concerning the business and affairs of the other party and any specifications, drawings, customer information, personal data, content, diagrams, patterns or other materials that it shall have obtained or received or created as a result of the discussions leading up to, during, or on entering into or the performance of the Service Agreement, shall only use such information in the performance of the Service Agreement and shall not without the other Party’s written consent disclose such information in whole or in part to any other person with the exception of those staff, subcontractors and agents involved in the implementation of the Service Agreement and who have a need to know the same and shall ensure that all such persons comply with the obligations in this Clause 9.2.
9.3 The Parties’ obligations in Clause 9.2 shall not apply to information that is already in the public domain other than as a result of a breach of Clause 9.2.
9.4 The Customer accepts that the Company may use examples from in-market experiences, including the Customer’s name and logo for marketing purposes. All such use shall be made in good faith and to a fair extent. Consent to use such examples can be withdrawn at any time with written notice to support@gamelayer.co with withdrawal to be effective no later than 5 workdays upon such notice being given.
9.5 The Customer shall own all right, title and interest in and to the Customer Data, as well as any data that is based on or derived from the Customer Data and provided to the Customer as part of the Services. The Company shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with implementation of Services or support, and (c) all intellectual property rights related to any of the foregoing.
10. Liability – Limitation of Liability
10.1 THE COMPANY AND ITS SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, DISTRIBUTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND PERSONNEL SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THIS SERVICE AGREEMENT UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, AND/OR BUSINESS INTERRUPTION, INFRINGEMENT, OR THE COST OF SUBSTITUTE SOFTWARE, EVEN IF THE COMPANY HAS BEEN ADVISED OF, KNOWS OF, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.
10.2 The Company’s total liability toward the Customer under this License Agreement irrespective of the basis therefor is limited to the total Service Fees that the Customer has paid for the service during the preceding 3 (three) months prior to the claim. In determining the limitation of the Company’s total liability pursuant to this clause 10.2, there shall be deducted any amount and/or the value of any compensation that the Company has previously paid and/or granted to the Customer to cover or serve as a discount for the Customer’s loss, for which the Company is responsible.
10.3 The Company is not responsible for the Platform’s applicability in relation to the specific use that the Customer wishes or may have anticipated, including for integration or interaction between the Platform and the Customer’s other hardware and software, unless specifically pre-approved in writing by the Company.
10.4 User-logins are personal and shall not be shared. The Customer’s Users are responsible for the security of their individual User-credentials. If the Customer notices any misuse, the Company must be informed immediately in writing. The Customer shall ensure that all Users comply with the Service Agreement and these Terms of Service and other terms and conditions applicable to the use of the Platform agreed-to between the Customer and the Company. The Customer shall be liable for any breach or violation hereof by a User.
10.5 If the Company implements or edits a digital experience for the Customer, it is the responsibility of the Customer to review and approve the content to ensure that the user experience is as intended.
10.6 The Company is not responsible, and shall have no liability, for any events attributable to Force Majeure or similar conditions, such as interruption of power supply, breakdowns in publicly available networks, flooding, and similar conditions, which prevent or restrict the delivery of the Platform. If the occurrence of a Force Majeure event prevents the Company from performing its obligations for more than thirty (30) consecutive days, the Customer may elect to terminate this Service Agreement upon written notice, with no further obligation or liability. In the event of said termination, The Company shall refund to Customer any pre-paid Service Fees for the remainder of the Term, if applicable.
10.7 To the extent allowed under the applicable law, the Company shall have no product liability toward the Customer.
10.8 If an End-User’s access to or activity within a digital experience enabled by the Company is found to be detriment to that which the Customer planned, the Customer may request for said End-User’s account to be deleted from the production database. Such work will be at the expense of the Customer who may request a quote prior to the performance of the task. This task is performed exclusively at the Customer’s request.
10.9 Except as otherwise stated in this clause 10, the limitations in this clause 10 shall not apply if the loss can be shown to be attributable to gross negligence or intentional acts or omissions.
11. Transfer of Rights
11.1 The Customer may not sell, assign, distribute, license, rent out, lease, lend, mortgage, pawn or otherwise transfer, assign, or convey its rights and/or obligations under the Service Agreement or hereunder obtain marketing permissions on behalf of third parties to the Platform or the License for third parties without prior written permission from the Company.
11.2 The Company is entitled at any time without the Customer’s consent to transfer its rights and obligations under this Service Agreement as part of a sale of the business operated by the Company.
12. Entry into Force, Term and Termination
12.1. This Agreement shall enter into force on the date the Customer completes the registration process and agrees to the terms and conditions set forth herein (“Effective Date”). Upon entering into force, the Customer shall gain access to the services provided by the Company (“Service”).
12.2. This Agreement shall remain in effect on a month-to-month basis, commencing on the Effective Date and continuing thereafter until terminated by either party in accordance with the provisions of this Agreement.
12.3. The Service is provided on a Pay-as-you-go model, and the User will be billed monthly in arrears. Billing will occur on the 1st day of each month. The Customer agrees to have the monthly charges debited from their designated payment method on the Billing Date. The Customer is responsible for ensuring that the payment method on file is current and valid.
12.4. Termination by User:
The Customer may terminate this Agreement at any time by providing written notice to the Company.
Termination will be effective at the end of the current billing cycle, and no further charges will be incurred following the effective termination date.
12.5. Termination by the Company:
The Company reserves the right to terminate this Agreement and suspend the Customer’s access to the Service immediately upon written notice if the Customer fails to pay any amount due under this Agreement on the due date for payment and remains in default for a period of 14 days after being notified in writing to make such payment.
The Company may also terminate this Agreement immediately if the Customer breaches any material term of this Agreement and fails to correct such breach within 14 days of receipt of written notice of the breach from the Company.
12.6. Effects of Termination:
Upon termination of this Agreement for any reason, the Customer’s access to the Service will cease, and the Company will deactivate the Customer’s account.
The Customer will remain liable for any unpaid fees incurred prior to the effective date of termination.
Sections of this Agreement that by their nature should survive termination will survive, including but not limited to provisions regarding payment, confidentiality, intellectual property, and liability.
A material breach of this Agreement includes, but is not limited to, the following. (1) Failure to pay any fees due under this Agreement within the specified time period. (2) Unauthorized use of the Service in violation of the Company’s Acceptable Use Policy. (3) Breach of confidentiality or infringement of the Company’s intellectual property rights. (4) Any other breach of a material term of this Agreement that is not corrected within 14 days of receipt of written notice from the Company.
In the event of a material breach, the Company reserves the right to terminate this Agreement immediately and pursue any other remedies available under applicable law.
12.7. Upon termination of this Agreement for any reason: – The Company will delete the Customer’s personal data from its systems in accordance with its data retention and deletion policy, except where the Company is required to retain such data by applicable law or for legitimate business purposes. – The Customer may request the deletion of its personal data by submitting a written request to the Company. The Company will process such requests in accordance with applicable data protection laws and its privacy policy. – The Company will provide the Customer with a confirmation of the deletion of their personal data upon completion of the process.
12.8. By using the Service, the Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Service Agreement.
13. Changes to Terms of Service
13.1 The Company reserves the right to modify or update the terms of this Service Agreement at any time. In the event of a material change, the Company will notify the Customer by: – Sending an email to the Customer’s registered email address, and/or – Posting a notice on the Company’s website or within the Service.
13.2 The Customer is responsible for regularly reviewing the terms of this Service Agreement. Continued use of the Service after any changes to the terms constitutes the User’s acceptance of the new terms. If the Customer does not agree to the modified terms, the Customer must terminate this Agreement and cease using the Service immediately.
14. Service Limitations
14.1 Under the ‘free’ pricing model, the account is restricted to one thousand (1000) registered Players, ten (10) Missions, ten (10) Achievements, one (1) Leaderboard, ten (10) Prizes, zero (0) Mystery Boxes, zero (0) Raffles, one (1) Quizzes, one (1) Surveys, zero (0) Streaks, zero (0) Teams, twenty-five (25) Events only. To remove these restrictions, the Customer shall need to ‘upgrade’ to a premium account from within the Company dashboard. Upgrading requires the Customer to provide a payment method using the GoCardless service.
14.2 An active user is defined as an End-User for whom there has been activity within their GameLayer account during the then-current calendar month. Activity means any data that is sent to or requested from the account. Examples of activity include, but are not limited to, event completions and data requests.
15. Implementation Services
15.1 While the Service is designed to be self-serve, the Company acknowledges that some Customers may require additional support during the onboarding process. To facilitate a smooth transition, the Company will provide reasonable implementation support to new Customers for a limited time.
The terms of this support are as follows:
– Duration: Implementation support will be available for a period of 30 days from the Effective Date.
– Scope: Support will include guidance on setting up and configuring the Service, answering questions related to the Service’s features, and troubleshooting any initial issues.
– Access: Customers can access implementation support through the Company’s customer support channels, including email and scheduled support calls.
– Limitations: The Company’s implementation support is intended to assist with the initial setup and does not cover custom development, extensive training, or ongoing operational support. Customers requiring additional support beyond the initial 30-day period may be directed to other resources or services provided by the Company, which may be subject to additional fees.
16. Warranty and Disclaimer
16.1 The Company warrants that the Service will perform substantially in accordance with the documentation provided by the Company during the term of this Agreement. In the event of a breach of this warranty, the Customer’s sole and exclusive remedy, and the Company’s entire liability, shall be the provision of service credits as described in the Service Credits for Downtime clause.
16.2 Except as expressly set forth in this Agreement, the Service is provided on an “as is” and “as available” basis, and the Company makes no other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or arising from a course of dealing, usage, or trade practice. The Company does not warrant that the Service will be uninterrupted, error-free, or completely secure.
16.3 The Company offers service credits as the sole and exclusive remedy for any downtime or service outages as specified in the Service Credits for Downtime clause. The Customer acknowledges and agrees that these credits are adequate compensation for any damages incurred due to such downtime or outages.
17. Limitation of Liability:
To the maximum extent permitted by law, the Company’s liability for any claim arising under this Agreement, whether in contract, tort, or otherwise, shall be limited to the amount paid by the Customer to the Company for the Service in the three (3) months preceding the event giving rise to the claim. In no event shall the Company be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, or use, even if the Company has been advised of the possibility of such damages.
18. Choice of Law – Jurisdiction – Severability
18.1 This Service Agreement and License granted under it shall be governed by the laws of Finland.
18.2 Any dispute between the Parties arising out of or in connection with this Service Agreement, including all Annexes thereto, shall be subject to the exclusive jurisdiction of the courts of Finland, with the District Court of Helsinki as the court of first instance, and in English.
18.3 Severability: If any term or clause of the Service Agreement or its Annexes including these Terms of Service is declared void or unenforceable in a particular situation, by a court of proper authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions thereof or the validity or enforceability of the void or unenforceable term or clause in any other situation.
19. Miscellaneous
19.1. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
19.2. This Service Agreement is not assignable, transferable, or sublicensable by the Customer except with the Company’s prior written consent. The Company may transfer and assign any of its rights and obligations under this Service Agreement without consent.
19.3. This Service Agreement is the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Service Agreement. All waivers and modifications must be in writing signed by both Parties, except as otherwise provided herein.
19.4. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement, and the Customer does not have any authority of any kind to bind the Company in any respect whatsoever.
19.5. In any action or proceeding to enforce rights under this Service Agreement, the prevailing Party will be entitled to recover costs and attorneys’ fees.
19.6 All notices under this Service Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
20. Service Level Agreement
The Company is committed to providing a reliable and high-quality Service. The following Service Level Agreement (SLA) outlines our commitment to Service availability and the remedies available to the User in the event of downtime.
20.1. The Services shall be available for a minimum 99.5% of the time, measured annually, excluding scheduled maintenance. Any downtime resulting from outages of third-party connections or utilities or other reasons beyond the Company’s control will be excluded from any such calculation.
20.2. The Customer’s sole and exclusive remedy, and the Company’s entire liability, in connection with Service availability shall be that for each period of downtime lasting longer than one consecutive hour, the Company will credit the Customer 5% of Service fees for each period of ninety (90) or more consecutive minutes of downtime, provided that no more than one such credit will accrue per day. Downtime shall begin to accrue as soon as the Customer (with notice to the Company) recognizes that downtime is taking place and continues until the availability of the Service is restored.
20.3. To receive downtime credit, the Customer must notify the Company in writing within 24 hours from the time of downtime, and failure to provide such notice will forfeit the right to receive downtime credit. Such credits may not be redeemed for cash and shall not be cumulative beyond a total of credits for one (1) week of Service fees in anyone (1) calendar month in any event. The Company will only apply a credit to the month in which the incident occurred.
20.4. The Company’s blocking of data communications or other Services in accordance with its policies shall not be deemed to be a failure of the Company to provide adequate service levels under this Service Agreement
Consent
By creating an account and using the Company Platform, you acknowledge that you have read, understood, and agree to be bound by this Service Agreement and these Terms of Service.
