Terms of Service
By using the scrumboo.com web site ("Service"), a service of apptwister UG haftungsbeschränkt i.Gr. ("apptwister"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
These Terms of Service are effective as of August 10th, 2011. apptwister reserves the right to change the Terms of Service from time to time without notice. You acknowledge and agree that it is your responsibility to review these Terms of Service from time to time and to familiarize yourself with any modifications. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Your continued use of the service after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
You can get the most current version of the Terms of Service at any time at: http://scrumboo.com/termsofservice.php
Violation of any of the terms below will result in the termination of your Account. While apptwister prohibits such conduct and Content on the Service, you understand and agree that apptwister cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
You must be 13 years or older to use this Service. You must be a human. Accounts registered by "bots" or other automated methods are not permitted. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account. You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. apptwister cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account). One person or legal entity may not maintain more than one free account. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
The Service offers both free and paying accounts. For all paying accounts a valid credit card is required. Free accounts are not required to provide a credit card number.
If you sign up for a paying account, and you don't cancel that account within the 30 day trail period, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be charged. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
An upgrade from any free plan to any paying plan will end your free trial. You will be billed for your first month immediately upon upgrading. If you upgrade or downgrade your plan, your credit card will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. apptwister does not accept any liability for such loss.
All account fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Cancellation and Termination of Use
You are solely responsible for properly canceling your account. You can cancel your account at any time by clicking on the "Settings" link in the navigation bar at the top of the screen. The tab "Account Plan" provides an account cancellation link. Cancellations by email or phone are not accepted and are not considered as cancellations. Upon cancellation all of your Content will be immediately deleted from the Service and can not be recovered any more. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
apptwister, in its sole discretion, has the right to terminate or suspend your access to the Service with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Service immediately ceases, and you acknowledge and agree that apptwister may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files. apptwister shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by apptwister in connection with such termination or suspension.
Modifications to the Service and Prices
apptwister reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from apptwister. Such notice may be provided at any time by posting the changes to the scrumboo Site (scrumboo.com) or the Service itself. apptwister shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Intellectual Property Information
All content posted on the Service must comply with German copyright law. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. For cases where we provide you with the functionality to make parts of your content public, you agree to allow others to view and share your Content. apptwister does not pre-screen any Content, but apptwister has the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
The Service is copyright © 2011 apptwister UG haftungsbeschränkt i.GR. All rights reserved.
If you or any user of this Service believes its copyright, trademark or other property rights have been infringed by any Content on this Service, you or the user should notify us immediately. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, apptwister may immediately remove the identified Content or Account from the Service without liability to you or any other party.
Disclaimer of Warranties
Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. apptwister does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that apptwister shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if apptwister has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
The failure of apptwister to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and apptwister and govern your use of the Service, superceding any prior agreements between you and apptwister (including, but not limited to, any prior versions of the Terms of Service).
You understand that apptwister uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. Technical support is only available for paying accounts and is exclusively provided by email. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, apptwister, or any other apptwister service.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by apptwister) of other scrumboo customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
apptwister has the right (but no obligation) to remove Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any apptwister customer, employee, member, or officer will result in immediate account termination.
The Service is offered by apptwister UG haftungsbeschränkt i.GR. located at Köhlstr. 16, 65205 Wiesbaden, Germany. Our telephone number is +49 611 7637274. If you notice that any user is violating these Terms of Service, please contact us at support(at)apptwister.com.