Terms of Use
Thank you for using the Strife Service (as defined below), a cloud-based content management SaaS platform allowing users to manage content using the Strife studio interface, Strife API, and included third-party services. Strife is provided by Nimble Initiatives AB ("we," "us," or "our").
To be eligible to register for a Strife account and use Strife Services, you must review and accept the terms of this agreement by signing up for our waitlist with your e-mail address or other mechanisms provided. Please read this agreement carefully before accessing or using the Strife Service. By accessing or using any part of the Strife Service, you agree to become bound by the terms and conditions of this agreement, our Privacy Policy, and all applicable laws and regulations.
By signing up for our waitlist, you agree to receive updates about Strife and our services. As part of this offer, you may also receive a free trial period of the Strife Service, which may be available to you for a limited time period.
At the end of the trial period, you will have the option to purchase a subscription to the Strife Service. If you choose not to continue, your account will be deactivated, and you will no longer have access to the Strife Service.
If you do not agree to become bound by the terms and conditions of this agreement, you should not sign up for our waitlist, and you should not use the Strife Service.
When we say "you," "your," or "Customer," we mean you as the end user of the Strife Service. But if you're signing up for a Strife Service account or using the services on behalf of an entity or organization that will be using the Strife Services, then you agree to these Terms for that entity or organization. You must have the authority to agree to these terms on behalf of the entity and its users. If you're not sure or don't have the authority, you can't use the Strife service or other third-party services that Strife is using.
“Strife” in this Term is defined as:
Nimble Initiatives AB, Company Reg 559295-1114, Larmgatan 5, 392 32 Kalmar, Sweden.
1. Definitions
This agreement uses certain terms that have specific meanings. "Confidential Information" refers to any information or data shared by either party that is marked or identified as confidential or proprietary. Or it should be reasonably understood to be confidential based on the nature of the information and circumstances of the disclosure. However, Confidential Information does not include any information that (a) is already public, (b) was known by the receiving party before the disclosure, (c) was disclosed to the receiving party legally by another person, or (d) was independently developed by the receiving party without using or referring to the disclosing party's Confidential Information.
“Strife Service” means the SaaS-based content management and publication services, programs, functions, and platforms provided by Strife. Included is also documentation and any technical support that may be provided. Applications built upon the Strife Service or hosting of your applications are not a part of this agreement.
“Application” means the Customer solution built by using the Strife Service.
“Customer Content” means various content and data, including but not limited to text, graphics, images, videos, and other multimedia files managed by the Customer using the Strife Services.
“Team” means the Application (website, mobile app, application) created by you, the company you represent, or an agency hired by you or the company you represent.
“Workspace” means your Company, Organization, or legal entity that you represent.
2. Changes
Changes in terms of use agreement
Strife reserves the right to modify or update these terms of use agreement at any time and at its sole discretion. If any technical, economic, or legal conditions that affect the provision of the Strife Service occur, we may modify the agreement to reflect such changes. We will notify the users of any changes made to this agreement through the platform, email, or any other means that the provider deems appropriate.
If any user continues to use the Strife Service after the changes have been made, such use will be deemed as acceptance of the revised terms of use agreement. If users do not agree to the updated agreement, they must stop using the Strife Service immediately.
Strife shall not be held liable for any damages or losses that may arise due to changes in terms of the user agreement. It is the responsibility of the user to periodically review the terms of use agreement to ensure compliance with the latest version.
Changes in the Strife Service
Strife reserves the right to modify, discontinue or add new features and functionalities to the APIs and to the user interface at any time and at its sole discretion. If any changes are made to the Strife Service, the provider will make reasonable efforts to notify users of such changes through the platform, email, or any other means that the provider deems appropriate.
It is the responsibility of the user to review and understand the changes made to the APIs and features in the Strife Service. The user must ensure that any modifications to the APIs or features do not affect the performance, functionality, or usability of the user's integration with the Strife Service.
If any user continues to use the Strife Service after changes have been made, such use will be deemed as acceptance of the modified APIs and features. If users disagree with the modified APIs or features, they must stop using the Strife Service immediately.
Strife shall not be held liable for any damages or losses arising due to modifications or discontinuations of APIs or features in the Strife Service. It is the user's responsibility to ensure that their integration with the Strife Service is up-to-date and complies with the latest version of the APIs and features.
3. Responsibility of Contributors
If you develop an application using the Strife Services, and you upload content to the application or enable others to do so, you are solely responsible for the content and any harmful consequences that may result from it. This applies regardless of the form of the content, including text, links, data, files, or computer software.
By making Content available through the Strife Service, you warrant that:
(a) Using the Customer Content won't violate any third-party rights, like copyrights or trademarks.
(b) You have permission from your employer to share the Customer Content or have a waiver for it.
(c) You've followed all third-party license requirements for the Customer Content.
(d) The Customer Content is free of viruses, malware, and other harmful elements.
(e) The Customer Content isn't spam, misleading, or promoting illegal activities.
(f) The Customer Content isn't pornographic, violent, or violating anyone's privacy.
(g) Your application isn't advertised through spam or unsolicited messages.
(h) Your application’s name doesn't impersonate another person or company.
(i) If the Customer Content includes code, you've accurately described its type and effects.
4. Fees
Fees
You agree to pay the subscription fees, additional usage fees, and other fees outlined in Strife Service fee schedule, which may be updated periodically, or any other order forms for the Strife Services that you order and are approved in writing by Strife. Fees are quoted and must be paid in either US Dollars, Euros, or Swedish Krona, depending on your location. Payment obligations cannot be canceled, and no partial-month adjustments will be made. Fees paid are non-refundable.
Payment
Payments will be charged using any credit card or other payment mechanism we have on record for the Customer (or the Account Holder on behalf of the Customer). If Stife allows you to pay the amounts due under these Terms at a later time, based on specific credit requirements, you must make all the payments within 30 days from the invoice date. If you don't pay on time and still don't pay within 15 business days after receiving written notice of your overdue payment, Strife may charge you a late fee and/or suspend your account until you pay the overdue amount and the late fee. The late fee will be either 1.5% per month or the highest amount allowed by law, whichever is lower.
Suspension
If you use the Strife Services beyond the amount you have pre-paid, or if you do not pay any outstanding amounts, Strife may suspend your account. Strife will not suspend your account without providing prior notice to you. Strife will not be responsible for any damages, liabilities, losses (including loss of data or profits), or other consequences you may face in connection with your account suspension under this section.
Taxes
Unless otherwise explicitly stated in writing, all fees and charges for the Strife Service do not include any applicable taxes, levies, duties, or similar governmental assessments of any nature, including, without limitation, value-added tax (VAT), sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, "Taxes").
The Customer shall be responsible for the payment of all Taxes associated with their subscription to and use of the Strife Services.
Renewal
If you don't cancel a purchased service before the subscription period ends, it will automatically renew, and you authorize us to charge the applicable fee and taxes using the payment we have on record for you.
5. Ownership and Rights
Strife
(a) Strife is the owner or licensee of all intellectual property rights in and to the Strife Services, and content, including but not limited to all software, applications, documentation, tools, features, graphics, design, text, images, and any updates, modifications, or enhancements thereof (collectively, the "Strife Service"). The Strife Service is protected by copyright, trademark, patent, and other intellectual property laws.
(b) Subject to the terms and conditions of this Agreement, Strife grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Strife Service solely for the Customer`s internal business purposes.
(c) The Customer acknowledges and agrees that nothing in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any ownership rights or interest in or to the Strife Service or any of Strifes intellectual property rights, except for the limited license granted herein.
(d) All rights not expressly granted to the Customer under this agreement are reserved by Strife and its licensors. No rights or licenses will be implied by Strife.
Ownership of Content
The Customer represents and warrants that they have the necessary rights, licenses, consents, and permissions to use, upload, and store the Customer Content in the Strife Service. The Customer further represents and warrants that the use of the Customer Content does not infringe upon or violate any third party's intellectual property rights, right of privacy, or other proprietary rights.
Strife acknowledges and agrees that all Customer Content uploaded, stored, or otherwise processed through the Strife Service by the Customer is and shall remain the sole and exclusive property of the Customer. Strife shall have no rights, title, or interest in or to the Customer Content except as expressly provided in this agreement.
Strife shall not use, copy, reproduce, modify, distribute, display, or disclose any Customer Content, in whole or in part, for any purpose other than for providing the Strife Services to the Customer, as contemplated under this agreement. Strife shall not sublicense, transfer, or otherwise make available any Customer Content to any third party without the prior written consent of the Customer.
Strife shall promptly notify the Customer in writing of any actual or threatened claims, demands, or actions alleging that any Content infringes upon, misappropriates, or otherwise violates any intellectual property rights, right of privacy, or other proprietary rights of any third party. The Customer shall have the sole and exclusive right to control the defense and settlement of any such claims, demands, or actions at their own expense.
6. Restrictions on Use
Strife grants Customer a non-exclusive, non-transferable, limited-term license to access and use the Strife Service solely for Customer's internal business operations.
The Customer shall not, and shall not permit any third party to:
(a) sublicense, sell, resell, lease, rent, transfer, distribute, or otherwise make the Strife Service available to any third party;
(b) copy, modify, adapt, translate, create derivative works of, or otherwise change the Strife Service or any part thereof, or merge the Strife Service with any other software or service;
(c) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Strife Service or any part thereof, except as expressly permitted by applicable law;
(d) use the Strife Service for any purpose that is unlawful, fraudulent, or otherwise prohibited by this Agreement or in any way that could damage, disable, or impair the Strife Service or interfere with any other party's use of the Strife Service;
(e) use the Strife Service to store, transmit or process infringing, libelous, obscene, or otherwise unlawful or tortious material, or to store, transmit or process material in violation of third-party privacy rights or intellectual property rights;
(f) use the Strife Service to store or transmit malware, viruses, or other harmful or malicious computer code, files, scripts, or agents;
(g) use automated tools, software, or other means to scrape, harvest, collect or otherwise extract data or content from the Strife Service, except as expressly permitted in writing by Strife;
(h) use the Strife Service to send unsolicited communications, promotions or advertisements or to spam;
(i) use the Strife Service in a manner that exceeds usage limits or usage policies established by Strife Service, as may be updated from time to time;
(j) remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on or in the Strife Service.
7. Warranty and Limitation of Liability
Warranty
(a) Strife warrants that the Service will substantially conform to the specifications and documentation provided by Strife, and that the Strife Service will be provided in a professional and workmanlike manner in accordance with industry standards.
(b) In the event that Customer discovers any defects in the Strife Service that cause it to not conform to the specifications and documentation provided by Stife, Customer shall promptly notify Strife in writing, and Strife shall use commercially reasonable efforts to correct such defects at no additional charge to Customer.
(c) The warranty set forth in this Section 7 shall not apply to any defects or nonconformities resulting from (a) modifications to the Service made by anyone other than Provider or its authorized agents, (b) the use of the Service in combination with any software, hardware, or services not supplied or approved by Provider, or (c) misuse, abuse, or negligence by Customer or its authorized users.
(d) EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 7, THE SERVICE IS PROVIDED "AS IS," AND PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.
Limitation of Liability
IN NO EVENT SHALL STRIFE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, OR ANY SUPPORT SERVICES PROVIDED HEREUNDER, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CUSTOMERS’ LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE STRIFE SERVICE, OR ANY SUPPORT SERVICES PROVIDED HEREUNDER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO PROVIDER FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
8. Indemnification
Customer agrees to indemnify, defend, and hold harmless Strife, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Customer's use of the Strife Service or any breach of this Agreement by Customer.
9. Cancellation and Termination
If you, as the Customer, wish to terminate your account, the subscription holder must notify us using our standard subscription management and termination process within the Strife Service. The Customer is solely responsible for properly canceling your account. An email or phone request to cancel your account is not effective cancellation. To properly cancel the Strife Service, visit the Settings section in the Strife Service and click unsubscribe.
Cancellations take effect after the current billing period. We won't notify you before each payment unless the date or amount changes, in which case you'll receive notice at least 15 days prior.
Upon unsubscribing, all content associated with your account will be retained for a short period to allow reversal of the subscription, after which it will be irrevocably deleted from the Strife Service.
Strife may terminate or suspend your account if you materially breach these Terms and don't remedy it within five (5) days of written notice. Immediate termination or suspension may occur if: (a) you violate or appear to violate Strife Service usage; (b) your usage creates suspicious or harmful traffic; (c) providing Strife Services becomes legally prohibited or impractical; or (d) your financial situation changes significantly, subject to applicable law. If suspended, Strife will attempt to notify you. No refunds will be provided for account suspension or termination.
10 Miscellaneous
This Agreement constitutes the entire understanding and agreement between the Parties with respect to the warranties and disclaimers applicable to the Strife Service and supersedes all prior or contemporaneous oral or written communications, proposals, and representations.
You consent to Strife referencing you as a customer and using your name, logo, and trademarks for marketing and publicity purposes. However, Strife will not use them in joint press releases, customer references, or case studies without your prior written approval (including email).
Strife may update this Agreement, superseding previous versions, and will notify you via email or in-app notification at least 30 days before the changes take effect. If you don't object within 30 days of receiving notice, Strife will consider it as your consent. The notice will explain the right to object and the consequences of not doing so. If you object, send a written notice to Strife within the 30-day period, after which Strife may either reject the amendment or terminate the Agreement. Amendments are only effective if both parties provide written consent. The failure of either Party to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provisions, nor shall it affect the right of such Party thereafter to enforce each and every provision of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Strife is located, without regard to its conflicts of law principles. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in such jurisdiction.
Neither party shall be considered in breach for any stoppage, interruption, or delay in performing its obligations due to causes beyond its reasonable control ("Force Majeure Event"), including natural disasters, labor disputes, civil unrest, terrorism, war, cyber attacks, inability to obtain necessary supplies or services, or changes in or adoption of any law, regulation, judgment, or decree.