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Terms of use


Thanks for using AG5.
Please read these Terms carefully. By using AG5 or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.

We’ll start with the basics, including a few definitions that should help you understand this agreement. AG5 (“AG5” or the “Service”) is a service offered through the URL http://www.ag5.com or http://www.ag5.com (we’ll refer to it as the “Website”) that allows you to ensure your people’s safety skills. AG5 has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Customer” according to this agreement (or “you”). These Terms of Use (“Terms”), define the terms and conditions under which you’re allowed to use AG5 and how we’ll treat your account while you’re a Customer. If you have any questions about our terms, feel free to contact us.

 

ACCOUNT
1. Eligibility
In order to use AG5, you must:
1. be at least eighteen (18) years old;
2. complete the registration process;
3. agree to the Terms; and
4. provide true, complete, and up to date contact information.

2. Term
The Term begins when you sign up for AG5 and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for AG5 on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

3. Closing Your Account
You or AG5 may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment. We won’t refund or reimburse you if there’s cause, like a violation of these Terms. Once terminated, we may permanently delete your account and all the data associated with it, including your data & emails from our Website & database.

4. Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an email to the last email address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of AG5. We may change the Website, the Service, or any features of the Service at any time.

5. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

 

PAYMENT
6. Monthly Plans
Our charges for monthly plans are posted on our Website and may be changed from time to time and will be mailed to the agreed email address. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same date, or the closest date in that month, to the day you signed up with us and made your first monthly payment (the “Pay Date”). If you go over to another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.

7. Credit Cards
As long as you’re a Customer, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card, unless we agree an automated payment permit.

8. Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.

 

RIGHTS
9. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide AG5 (proprietary rights include patents, trademarks, service marks, database and copyrights).

10. Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material in the Services. You retain ownership of all the data you upload to the Service.

11. Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to AG5, and is protected by trade name law, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

12. Privacy Policy
Your data is stored on a secure AG5 server. We don’t, under any circumstances, sell your data, contact people on your lists, market to people on your lists, steal your data, or share your data with any other party, unless it’s required by law or you agree to it. If someone on your list complains or contacts us, we may then contact that person. Only authorized employees have access to view data. You may export (download) your data from AG5 at any time, as long as we have a copy.
We’ll use and disclose the information in your contact data only for the reasons listed under Use of Your Personal Information;
– bill or collect money owed to us;
– send you system alert messages;
– communicate with you about your account; or
– send you informational and promotional content.

 

SECURITY
13. Safeguarding Your Information
AG5 accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your website is sensitive, account passwords are encrypted, which means we can’t see your passwords. We can’t resend forgotten passwords either. We’ll only reset them.
To protect your information, our services uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions.

14. Security – Backups
AG5 backs up data and information that Customer has saved to the AG5 system as part of the service that it provides its customers. We do so as follows:
– we keep daily backups for the past month;
– we keep weekly backups for the three month period prior to the above mentioned month;
– we keep monthly backups for the months prior to the above mentioned monthly backup period going back twelve months – this entails that we would keep monthly backups for up to one year after termination of the contract.
This backup method ensures that AG5 is able to retrieve a snapshot from any point in time over the past twelve months, and perform a rollback in the event of a serious incident by restoring a backup. We will only do so in close consultation with Customer.

15. Customer Data – Duplication
AG5 duplicates data and information that Customer has saved to the AG5 system for internal purposes as part of the service that it provides its customers. It does so to reproduce situations as accurately and realistically as possible. This includes individual personal data.

 

RULES AND ABUSE
16. Sending emails
You won’t send Spam! By “spam,” we mean “Unsolicited Bulk Email”. Unsolicited means that the Recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content.

17. Bandwidth Abuse/Throttling
You may only use our bandwidth for your AG5 services

18. Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. AG5 reserves the right to bar any such activity.

19. Unauthorized Access
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any AG5 server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

20. Compliance with Laws
You represent and warrant that your use of AG5 will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any of the National regulations that apply on you like EU Data Privacy Laws, or other laws.

 

LIABILITY
21. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Services. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

22. No Warranties
To the maximum extent permitted by law, we provide the material on the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

23. Indemnity
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

24. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

25. Disclaimers
AG5 does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that nay defects will be corrected, or that your use of the site will provide specific results. The site and service are delivered on an “as-is” and ‘as-available’ basis. All information provided on the site is subject to change without notice.

 

FINE PRINT
26. Notice to U.S. Government End Users
The Software, including all documentation, are “Commercial Items,” and consist of Computer Software”

27. Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

28. Choice of Law
Dutch law is applicable and legal disputes will be subject to the jurisdiction of the District Court of Amsterdam courts.

29. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

30. Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Limitation of Liability.

31. Severability
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

32. Interpretation
The headers are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

33. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the “Additional Terms”). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

34. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

35. Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website AG5.

36. Entire Agreement
This consist of the Terms and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.

 

Terms of use version: 161104 – updated November 2016