Terms of Service
By using communick.com website and making use of any of the services provided by MushroomLabs, LLC (the "Company"), you are agreeing to be bound by the following Terms of Service. These cover all present and future features offered by your account, individually and collectively referred to as the "Services”.
If you are agreeing to these Terms and Conditions on behalf of a company or another legal entity, you represent that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms and Conditions. In the absence of such an authority, you may not use the Service.
Users of the Service
This Service is provided exclusively to individuals who are at least 13 years of age, or to minors who have obtained parental or legal guardian consent to open and maintain an account.
This Service is provided exclusively to persons. Accounts registered by automated methods of any kind are not authorized and will be terminated.
Each user is solely responsible for all of his or her messages sent through the Service, as well as any content submitted to our services.
Use of the Service
You agree to not use any of the Services for unlawful or prohibited activities. You also agree to not disrupt any of communick networks and servers, as well as not using any of our services to disrupt servers or networks from third-parties.
You further agree to not use Communick to send Spam or automated bulk messaging of any kind. Any account found to be sending the aforementioned type of messages or communication will be immediately suspended.
For the purpose of these Terms and Conditions, Spam shall refer to irrelevant or unsolicited messages sent over the internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware or virus ("Spam").
We may also terminate accounts which are being used for illegal activity, particularly in response to court orders from the competent authorities informing us of such illegal activity.
Limited Warranties and Liability
The Company cannot make any warranty about the reliability of the Service or guarantee the security of user data despite best efforts. The Service is provided “as is” and you agree to not hold the Company responsible nor to seek indemnification for any damages that may arise as a result of the loss of use, data, or profits connected to the performance of the Service or failure in such performance.
Furthermore, you will not hold the Company liable or seek indemnification if confidential material is unintentionally released as the result of a security failure or vulnerability in the performance of the Service.
We may make improvements and changes to the Service at any time without notice. The Company may at its sole discretion, terminate service without cause or notice.
Service Level Agreement (SLA)
For all services provided, the Company aims to provide Service availability of 99.95% or better. If downtime in any one month exceeds 0.05% of that month, the Company will credit the user’s account. Service credits are applied at the user’s request and will be credit to the user's account balance.
The Company calculates service credits by calculating the percentage downtime exceeding our Service aggreement. The service credit is then given as five percent points of the monthly cost for each downtime percentage cost, with a mininum of 10% and a maximum 50% credit.
Some performance issues are excluded from downtime calculations, such as:
- Issues caused by factors outside of the Company’s reasonable control.
- Issues that resulted from any actions or inaction by a user or a third-party.
- Issues that resulted from the user’s equipment and/or third-party equipment (not within the primary control of the Company).
- Issues that arise from the Company’s suspension or termination of rights to use the Service in accordance with our Terms of Service.
- Downtime caused by reasonable scheduled maintenance that is announced in advance.
Note: the SLA only applies for services that are NOT offered in Alpha (User Preview) or Beta (User Testing) status.
You agree that the Company, and any parents, subsidiaries, officers, employees, or third party contractors cannot be held responsible for any third party claim, demand, or damages, including reasonable attorneys' fees, arising out of your use of this Service.
Terms of Payment
Due to their nature, the paid Services provided by the Company are generally non-refundable and any refunds or credits given will be at the sole discretion of the Company. Paid accounts which are terminated due to a violation of these Terms and Conditions will incur the loss of all payments and credits and are not eligible for refund.
If the Company chooses to issue a refund for any reason, the Company is only obligated to refund in the original currency of payment. If you request a credit balance to be converted between different currencies which the Company supports, the Company has discretion over the exchange rate applied.
The Company has the right to discontinue service immediately if a fraudulent payment is detected, such as the use of a stolen credit card, and such cases may be further referred to the competent authorities.
You authorize the Company to charge any credit card supplied on a monthly or annually re-occurring basis. Credit balances will also automatically be deducted on a monthly or annual basis. You are responsible for keeping card information up to date.
If you fail to fulfill your obligation of payment as a user of any of provided paid Services, we may suspend your account or delete it after an extended period of default.
Modification to Terms of Service
Within the limits of applicable law, the Company reserves the right to review and change this agreement at any time. You are responsible for regularly reviewing these Terms and Conditions. Continued use of the Service after such changes shall constitute your consent to such changes.