Terms of Use

Welcome to Essenza.io, a website and online service owned and operated by PureSpot, s.r.o. (“Essenza”, “we”, “us” or “our”). These Terms of Service (the “Terms”) govern your access to and use of Essenza (“we” or “our”) websites and services, (collectively, the “Services”), so please carefully read them before using the Services.

By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

When you use the Services, you represent that: (a) the information you submit is truthful and accurate; (b) you will update your contact information if it changes so that we can contact you; © your use of the Services do not violate any applicable law or regulation; and (d) you will comply with the rules for on-line conduct and making Contributions (as defined in Section 2 below) to the Services, as discussed in Section 2 below. You further represent and warrant that you will comply with all local rules regarding on-line conduct and acceptable Contributions.

Regardless of how you decide to use this Site, your conduct on this Site is governed by this Agreement, the terms of the Essenza Privacy Policy (www.essenza.io/privacy-policy/).

1 USE OF THE SERVICES

Who Uses Essenza?

There are individual and institutional uses for Essenza. Users may want to use Essenza to organize content from various sources and to collaborate with other users. Businesses may be interested in using Essenza to collaborate on projects. Schools may explore using Essenza for educational purposes. These are only some possible uses.

What is Essenza?

Essenza is a working platform helping people organize their data in a visual way using dynamic templates. In particular, Essenza users are able to arrange their templates freely in a two-dimensional canvas (see more below), and share this content with other people.

Canvas is digital visual container. They are scrollable and zoomable and two-dimensional. Canvas can hold pictures, links to web content, links to file/document, text and even sophisticated templates able to visually display user data. All entities can be arranged freely on the canvas. Each of the elements inside canvas could be shareable. The canvas itself is shareable as well. The canvas creator is owner of the data and can invite other people (by email, Essenza username or by creating a special link) to either collaborate or view the templates or canvas created by him or her.

Can Children Use Essenza?

The Services are not directed toward children. If Children use the Services, we expect that such use will be with the guidance, supervision and consent of parents, guardians or authorized school officials, who, in turn, are responsible for ensuring that children understand their rights and obligations under these Terms and the Essenza Privacy Policy. In the United States, if you are a school that includes children under the age of 13, and you would like to use the Services with such children, you are responsible for complying with the Children’s Online Privacy Protection Act (“COPPA”) and if applicable, the Family Educational Rights and Privacy Act (“FERPA”). Accordingly, in order to use the Services, you must notify parents/guardians of the information to be collected from children under the age of 13 and obtain consent from the parent/guardian prior to collecting and sharing such information. COPPA permits schools to acts as agents for parents/guardians in providing such consent. Please see https://www.ftc.gov/privacy/coppafaqs.shtm#schools.

If you are a school outside the United States, please make sure that you are complying with any laws that apply to the collection and/or sharing of personal information of children before submitting information to the Services or otherwise using the Services.

2 RULES GOVERNING CONTRIBUTIONS

Please read our Privacy Policy, available at www.essenza.io/privacy-policy/, to understand your privacy protections.

What are Contributions?

The Services are designed to facilitate thinking and working process. It is possible for a user to post or submit a wide range of content in the templates within canvases (collectively, “Contributions”) and to collaborate with other users on templates and canvases containing such Contributions. Contributions may include, but are not limited to, photos, videos, text, drawings/sketches, Web content (including files or documents from third party online storage services, notes from third party note-taking applications, and links from third party websites), and other materials. Please be aware that you are entirely responsible for the content of, and any harm resulting from, any of your Contributions.

Contributions to Essenza

Contributions to Essenza will be treated as confidential. Only users with permission (granted by you or provided in accordance with our Privacy Policy) may access your templates or canvases containing your data.

Users

When you invite users to Edit, they will be able to access all element previews, add and edit content, and even delete content in the Essenza. The templates will have the history of their versions. Users can also copy and paste content into another template or canvas.

When you share your canvas or template by creating view only links, users that access that link can only view the content and explore the links/files/documents.

Your Commitment to Our Rules Governing Contributions

When you create or make available a Contribution, you represent and warrant that you:

Own or have sufficient rights to post your Contributions, on or through the Services;
Will not post Contributions that violate our or any other person’s privacy rights, publicity rights, copyrights or other intellectual property rights, or contract rights;
Have fully complied with any third-party licenses relating to Contributions, agree to pay all royalties, fees and any other monies owing any person by reason of Contributions that you posted to or through the Services;
Will not post Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable; (ii) incite, encourage or threaten immediate physical harm against another, including but not limited to, Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner;
Will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services); provided that, recommending a product or service (including by pinning or including a link to it) shall not be deemed a violation of this Section 2(e) so long as you disclose in your Contribution any material connection between you and the provider of such product or service;
Will not use the Services for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications without our express written consent or engage in any framing of, or linking to, the Services;
Will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
Will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, including without limitation, hacking into the Services, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications; or
Will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity.

If you breach this commitment, we keep the right to disable and delete your account without prior warning.

3 YOUR RIGHTS IN YOUR CONTRIBUTIONS

We do not and will not own your Contributions. That said, for us to make your Contributions available on the Services, we will need from you a limited license, as described below. We have no rights in your Contributions except pursuant to this limited license and any other rights you grant us in these Terms.

4 GRANT OF LICENSE TO US FOR CONTRIBUTIONS

As stated in point 3, you retain full ownership to your contributions, but we need a license from you so that our handling of your Contributions does not violate applicable laws, including copyright. That means that by making a Contribution to the Services, you grant us a license to display, perform and distribute your Contributions and to modify and reproduce such Contributions to enable us to provide the Services. Please note that we may need to modify your Contributions to conform to technical requirements for viewing on your computer or mobile device.

The above license is non-exclusive, royalty-free, irrevocable and worldwide. When your Contributions are no longer stored on the Services, this license ends. The above license is also sublicensable. This means that we may provide some or all of these rights to third parties with whom we have contractual relationships, for the limited purpose of providing the contracted services that form part of the Services. Please note that the above license also applies to Contributions that are submitted through or stored on third party services that are integrated with the Services. In addition, if in connection with your submission of Contributions stored on such integrated third party services we may need to extract those Contributions from such services before making such Contributions available on the Services, you represent and warrant that accessing and extracting such Contributions will not violate the applicable terms of use or API license agreement for those services.

5 USE AND PROTECTION OF ACCOUNT INFORMATION AND PASSWORD

You are responsible for maintaining the confidentiality of your account information and password, if applicable. You are responsible for all uses of your account, whether actually or expressly authorized by you.

6 OUR INTELLECTUAL PROPERTY RIGHTS

All the content on the Services (“Materials”), the trademarks, service marks, and logos contained on the Services (“Marks”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under EU rules. The Services and Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights not expressly granted in and to the Services and Materials. If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Services or the Materials. You further agree not to access the Services by any means other than through the interface that we provide, unless otherwise specifically authorized by us in a separate written agreement.

7 OUR MANAGEMENT OF THE SERVICES/USER MISCONDUCT

We may, but are not required to: (a) monitor or review the Services for violations of these Terms and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; © refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate these Terms, the law or any of our policies or are excessive in size or burdensome; and/or (d) manage the Services in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Services.

Our Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.

Risk of Harm. Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Services and that you give to other users of the Services. You are discouraged from publicly posting the following information on the Services: your full name, telephone numbers and street addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Services. We expect that you will use caution and common sense when using the Services.

8 TERM AND SURVIVAL

These Terms shall remain in full force and effect while you use the Services. You may terminate your use or participation at any time, for any reason, by contacting us at: support@essenza.io. We confirm the acceptance of your request via notice to your e-mail address on record. If you wish to retrieve materials contained in the account, don’t forget to ask for it in your termination request. We terminate your account within 30 calendar days upon your termination request.

9 COPYRIGHT POLICY

We may terminate the account and access rights of any infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on this Site infringes upon your copyrights, you may submit a notification at support@essenza.io.

10 MODIFICATIONS

The Internet and technology are rapidly changing. Accordingly, we may need to modify these Terms from time to time. We will post on www.essenza.io a copy of the modified Terms, which will become effective 30 days after they are first posted on www.essenza.io. You should regularly review www.essenza.io to ensure that you are informed of any changes and if you are also a registered user, be sure that the email address on record is current. If you are a registered user, we will also email you to the email address on record a link to a copy of the modified Terms 30 days before they will go in effect. If any modification is unacceptable to you, you shall cease using the Services. Your continued access to the Services will indicate you have accepted the change.

11 THIRD PARTY SITES

The Services may contain links to other websites (“Third Party Sites”). We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all the material, including goods or services, made available through Third-Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THESE TERMS DO NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THE SERVICES OR A LINK LOCATED ON THE SERVICES, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

12 DISPUTES BETWEEN USERS

You are solely responsible for your conduct. You agree that we cannot be liable for any dispute that arises between you and any other user.

13 DISPUTES WITH US, CHOICE OF LAW AND FORUM

Any dispute arising under these Terms shall be finally settled by the court of the country in which the provider of Essenza is based and established. Currently, this country is Slovakia.

By using the Services you agree with the jurisdiction of the court of the country in which the provider of Essenza is based and established, and it is applied to all disputes related to the Services or resulting from using the Services.

By using the Services you agree that the relation between you and the provider of Essenza is governed and ruled by the legislation valid in the country in which the provider of Essenza is established. This relation excludes conflict-of-law provisions.

You agree not to bring a claim and legal action more than one (1) month after the cause of action arose.

14 DISCLAIMERS

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT HOSTED ON THIRD PARTY SITES, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THE SERVICES OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, © ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

15 LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED THE GREATER OF (A) $100 AND (B) THE FEES PAID TO US FOR THE SERVICES DURING THE 1-MONTH PERIOD PRECEDING THE CLAIM.

16 INDEMNITY

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services, Contributions or Materials in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.

17 MISCELLANEOUS

Entire Agreement

These Terms constitute the entire agreement between you and us regarding the use of the Services and supersede any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

Independent Contractors

Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

No Third Party Beneficiaries

These Terms are between you and us. There are no third-party beneficiaries to these Terms.

Section Titles

The section titles in these Terms are for convenience only and have no legal or contractual effect.

Non-Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Severability

These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Assignment

You may not assign your rights under these Terms to any third party; we may assign our rights under these Terms without condition.