Last updated: (September 11th 2018) Welcome to https://prestahero.com/. These Terms of Service contain the terms and conditions that govern all use of our Platform (as defined below) and Services (as defined below) and all content, services and/or products available on or through the Platform (collectively, the “PrestaHero Services”). PLEASE READ THESE TERMS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE PRESTAHERO SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE PLATFORM OR THE PRESTAHERO SERVICES.
Provision of PrestaHero Services. We will (a) make the PrestaHero Services, Content and Client Data available to a Client pursuant to these Terms, (b) provide applicable standard support for the PrestaHero Services to Client at no additional charge, and/or upgraded support (for an additional charge, if applicable), (c) use commercially reasonable efforts to make the PrestaHero Services available 24 hours a day, 7 days a week, except for planned downtime and any unavailability caused by circumstances beyond our reasonable control. Protection of Client Data. We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by our personnel except (a) to provide the PrestaHero Services and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 7.4 (Compelled Disclosure) below, or (c) as a Client or User expressly permit in writing. By agreeing to these Terms, the Client grants us a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the PrestaHero Services.
Using the PrestaHero Services
Certain features, functions, parts or elements of the PrestaHero Services can be used or accessed only by holders of an Account. The person who wishes to create an Account must:
- Complete the sign-up form on the website and accept these Terms by clicking “Sign up” or another similar button.
- The Client and any User associated with an Account must provide us with true, accurate, current, and complete information about the Client, Users or Account and keep it up to date.
We may seek pre-authorization of Client’s credit card account prior to your purchase of PrestaHero Services in order to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Use of the PrestaHero Services. Subject to these Terms, we grant Client and its authorized users a non-exclusive, non-transferable, non-sublicensable license to use the PrestaHero Services to:
- collect, store and organize Client Data;
- modify and delete Client Data;
- receive reasonable help and guidance and from us regarding the use of the PrestaHero Services.
Technical Support We shall provide technical support to Client and its authorized User at the reasonable request of the Client. If there is an error that appears during the use of our PrestaShop theme or module, we shall respond to inquiries of support from a Client utilizing the contacts set forth below as soon as possible. On the following cases technical support will not be available:
- Install theme/module on Client or User’s website
- Customize theme/module’s front office
- Hosting, server environment, or software
- Help from authors of included third-party assets
If you still want to receive our support for these cases, please pay us an extra fee. The contacts for all inquiries of support are:
- instant messaging;
- built-in notification application on the web page, or
- e-mail: email@example.com
Data Processing Contract
For the purposes of Article 28 of Regulation (EU) 2016/679, these Terms constitute the data processing contract between the Client as the data controller and us as the data processor. The Client hereby instructs us to process the data as described in these Terms. We ensure that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. We undertake to make available to the controller all information necessary to demonstrate compliance with Article 28 of Regulation and contribute to audits, including inspections, conducted or mandated by the Client as the data controller.
Prohibited Activities. Client and its authorized Users may use the PrestaHero Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and applicable law. By way of example, neither the Client nor any User may:
- use the PrestaHero Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
- copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the PrestaHero Services or any part or element thereof, or attempt to extract the source code thereof unless it is expressly allowed under applicable law.
Certain Uses Require We Consent. The Client or any User may not, without our prior express written consent (e-mail, fax, Skype, etc.):
- sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant Access or make the PrestaHero Services available in whole or in part to any third persons unless such third person is another authorized User of the same Client;
- use the PrestaHero Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;
- use the PrestaHero Services or any part or element thereof by means of programs that send them automatic inquiries or requests, unless such program has been made available by us;
Third-party sites, Products and Services
The PrestaHero Services may include links to other websites or services (“Linked Sites”) solely as a convenience to Clients. Unless otherwise specifically and explicitly indicated, we do not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, we make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Any content referred to as community provided is provided by third parties and not developed or maintained by PrestaHero. By using any community marked code or libraries in your software development, you acknowledge and agree that PrestaHero is not in any way responsible for the performance or damages caused by such community provided code or library
If you have any questions about these Terms, please contact us via firstname.lastname@example.org