Terms and Conditions
1. The Service
Rhino Software Limited owns the domain names and sub domain names used to access the service (RhinoApps.com) as well as the web-based applications and any supporting documentation and materials available at this site (the “site”). Rhino Software Limited permits you to use the product and documentation available at the site (“the service”) by registering an account with Rhino Software Limited (the “account”) and purchasing from Rhino Software Limited licences to use the service (“licence”). You can utilize the service throughout the term granted under the license provided you abide by the terms of this agreement and provided your account has not been terminated in accordance with the terms of this agreement.
This service cannot be used in a way that is against the law. You are responsible for all activity under your account, including the activity of other users who have been added to your account by you or by other users of your account.
You may not access the service if you are a direct competitor of Rhino Software Limited, except with Rhino Software Limited’s prior written consent. In addition, you may not access the service for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes. You may not use the service in a way that harms Rhino Software Limited or our affiliates, resellers, distributors, service providers and/or suppliers.
3. Contract Term
This agreement shall run for the duration of the term of the license as selected by you when opening your account or when renewing your Account.
This agreement may only be terminated during the fixed term in accordance with the terms of this agreement. For the avoidance of doubt, in the event that this agreement is terminated during the fixed term all payments due by you to Rhino Software Limited throughout the term shall become immediately payable to Rhino Software Limited notwithstanding such termination.
Payment of the License fee will grant you access to your account for the duration of the term in accordance with the terms of this agreement. The price for the service excludes all taxes unless expressly stated otherwise. To the maximum extent permitted by law, the information provided by you when creating an account and any such taxes and charges are your responsibility. To the extent that such taxes and charges are borne by Rhino Software Limited then such taxes and charges shall be added to the price payable by you to Rhino Software Limited. All charges are non-refundable unless otherwise provided by law. No refund will be given for unused portions of the term. The costs of any returns will be at your expense, unless otherwise provided by law.
Rhino Software Limited will not change the price payable by you for the service during the fixed term of the License.
For contract renewals, Rhino Software Limited reserves the right to increase the price of the service and products. Such notice may be provided at any time by posting the changes to the Rhino Software Limited site.
Rhino Software Limited provides a range of online support that includes the Help Centre incorporated within the Rhino App. In addition, Rhino Software Limited will provide helpdesk support in accordance with the terms of this Agreement. The helpdesk should be considered as the single entry point for both functional and technical matters and issues. All user queries must be channelled through the primary contact for your account.
Communication with the Helpdesk will be via the following email account email@example.com
7. Service Availability
Rhino Software Limited does not operate a policy of providing refunds for service downtime.
8. Intellectual Property Rights
Rhino Software Limited alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Rhino Software Limited technology, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
This agreement is not a sale and does not convey to you any rights of ownership in or related to the service, the Rhino Software Limited technology or the intellectual property rights owned by Rhino Software Limited. The RHINO name and the logos and product names associated with the service are trademarks of Rhino Software Limited or third parties, and no right or licence is granted to you or any other party to use them.
Rhino Software Limited is the sole owner of the product, the service and the site, including without limitation, all applicable U.K. and non-U.K. copyrights, patents, trademarks, and trade secrets and other intellectual property rights thereto.
Except as otherwise specifically provided in this agreement, you may not download or save a copy of anything relating to the service for any other purpose. You may, however, print a copy of individual screens appearing as part of the service and site solely for your personal use or records. All title and intellectual property rights in and to the content of any third party web site that may be linked to or viewed in connection with the service is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This agreement grants you no rights to use such content except as allowed by such third party.
Rhino Software Limited does not sell, rent or lease our customer information to third parties. Rhino Software Limited considers your use of the service, including the content of your communications, to be private. You are responsible and liable for any activity by any person who uses the service through your user name and password. The users which you add to the system are responsible for maintaining the security of your account and password. You agree to immediately notify Rhino Software Limited of any unauthorised use of the service or any other breach of security known or suspected by you.
To the maximum extent permitted by law, Rhino Software Limited reserves the right to monitor your communications and may disclose information about you, including contents of communications, if it is necessary to conform to legal requirements or respond to legal process. By subscribing to the service and unless you expressly state in writing that you withhold permission, you hereby acknowledge, agree and authorize Rhino Software Limited to present you by name, logo, URL and description, as a user of the service.
10. Disclaimer of Warranties
You expressly agree that use of the service is at your sole risk. To the fullest extent permitted by law, Rhino Software Limited expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of quality, performance, merchantability, fitness for a particular purpose, title and non-infringement.
Rhino Software Limited makes no warranty that the service will meet your requirements or needs or that the service will be uninterrupted, timely or be free from software errors, nor does Rhino Software Limited make any warranty as to the results that may be obtained from the use of the service or the accuracy of any other information obtained through the service.
You understand and agree that any material and/or data downloaded or otherwise obtained (including plug-ins) through the use of the service is done at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No information or advice, whether oral or written, obtained by you from Rhino Software Limited or through the service shall create any warranty not expressly made herein.
11. Limited Warranty
You acknowledge and agree that use of this service and related documentation is at your sole risk. To the fullest extent permitted by law, Rhino Software Limited expressly disclaims all other warranties with respect to the service and related documentation, as indicated above. Rhino Software Limited does not warrant the accuracy of the reports generated.
This agreement is effective until terminated. Rhino Software Limited shall be entitled to terminate this agreement and your account at any time if you fail to comply with any provision of this agreement.
You may also terminate this agreement and your account at any time by notifying Rhino Software Limited of termination, provided that no refund will be made for payments already made by you and that all payments that would have been due by you to Rhino Software Limited throughout the remaining term if such termination had not taken place shall immediately become payable in full by you to Rhino Software Limited.
Such termination of the service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all user content in your account. You are solely responsible for properly terminating your account, or renewing this agreement at the end of the term on Rhino Software Limited’s then prevailing payment terms and prices. All of your content will be stored in the site’s database for a period of time following the termination of your account (the “storage period”). The Storage Period is defined as 30 days for customers who have paid Rhino Software Limited to use the service and 7 days for customers who use the service using a free subscription. Upon the end of the storage period all your content will be permanently deleted from the site’s servers. Once deleted, this information cannot be recovered. If this agreement is terminated (other than by reason of your breach) Rhino Software Limited will make available during the Storage Period a file of your data to those customers who paid Rhino Software Limited to use the service, if you so request at time of termination.
Rhino Software Limited reserves the right to refuse service to anyone for any reason at any time. Rhino Software Limited, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Rhino Software Limited service, for any reason at any time.
Except as otherwise expressly provided herein, all sections of this agreement that, by their nature, should survive termination, will survive termination, including, without limitation, warranty disclaimers and limitations of liability. Termination is not an exclusive remedy and Rhino Software Limited reserves all other available remedies in contract, tort, or negligence – by law or at equity.
13. Limitation Of Liability
To the fullest extent permitted by law, under no circumstances shall Rhino Software Limited be liable for any indirect, incidental, special, consequential or punitive damages of any character, including, without limitation, loss of goodwill, lost profits, lost revenues, lost sales or business, work stoppage, computer failure or malfunction, lost data or for any and all other damages or losses that result from the use or inability to use the service for any reason, including under contract, tort, or negligence, even if Rhino Software Limited has been advised of the possibility of such damages. In no event shall Rhino Software Limited’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence or otherwise) exceed the cost of one month of the service fee paid by you to Rhino Software Limited.
14. Assignment or Change in Control
This Agreement may not be assigned by you without the prior written approval of Rhino Software Limited (such consent to be given in Rhino Software Limited’s absolute discretion) but may be assigned without your consent by Rhino Software Limited to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
15. Upgrading the Service
Future versions of services may be developed and released by Rhino Software Limited at its sole discretion. Rhino Software Limited does not warrant or represent that it will develop or release any upgrades within a given timeframe. Rhino Software Limited reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof including areas of functionality) with or without notice.
16. Changes to the Terms and Conditions
Rhino Software Limited may change the terms of this agreement from time to time and at any time, with or without a release of a new version of the product, and without actual notice to you. All such changes to this agreement will appear on the site.
Rhino Software Limited may in its sole discretion provide additional notice of such changes by providing a link from the service to the site. You agree that by using the service 30 days after such changes to this agreement have appeared on the site shall constitute your consent to the new or revised set of terms.
You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the service and Rhino Software Limited’s site and for any telephone charges associated with connecting to the Internet to use the service. Rhino Software Limited is not responsible for any delays, delivery failures or damage resulting from problems inherent in the use of the Internet and electronic communications.
This agreement constitutes the complete agreement between the parties and supersedes all prior agreements and representations between them. The failure of Rhino Software Limited to exercise or enforce any right or provision of the terms of this agreement shall not constitute a waiver of such right or provision.
This agreement shall be governed by the laws of England and Wales. Each party consents to, and agrees that each party is subject to, the exclusive jurisdiction of the courts of England and Wales with respect to any actions for enforcement of or breach of this agreement or for any other cause.