Terms of Service

The Veratrak Service is provided by Veratrak Limited.

Veratrak has entered into an agreement with its Client under which you are permitted to access the Veratrak Service.

These Terms of Service are the terms and conditions on which you may make use of the Veratrak Service.

Please read these Terms of Service carefully before you access the Veratrak Service. By accessing the Veratrak Service, you agree to these Terms of Service.

1.1 In these Terms of Service, save where the context requires otherwise, the following words and expressions have the following meaning:

“Account” means an account with Veratrak to access and use the Veratrak Service;

"Client" means a paying user of the Veratrak Service;

"Client Agreement" means an agreement between you and the Client, under which the Client permits you to access to the Veratrak Service;

"Confidential Information" means information which is identified as confidential or proprietary by either party, or by the nature of which is clearly confidential or proprietary;

"Third Party Sites" has the meaning given in clause 5;

"Veratrak" means Veratrak Limited, a company registered in England and Wales with company number 10998554, whose registered office is at Unit 2.05, 12-18 Hoxton Street, London, N1 6NG, United Kingdom;

"Veratrak Service" means a software platform operated by Veratrak which enables users to access, share, manage and collaborate on, documents and data, which Veratrak makes available as a service; and

"you" or "your" means the company, person or organisation (and their authorised users) that has been granted access to the Veratrak Service pursuant to the Client Agreement.

2.1 Your access to the Veratrak Service will end when the Client Agreement is terminated or your access is otherwise terminated in accordance with the provisions of these Terms of Service.

2.2 To access the Veratrak Service, you will need to register and set up an Account and a login and password for your Account. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account.

2.3 Veratrak encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. If you have any concerns about your login details or think such details have been misused, you should contact Veratrak at admin@veratrak.com.

3.1 You shall not access, store, distribute or transmit any viruses, data or any material during the course of your use of the Veratrak Service that is unlawful, illegal, harmful, threatening, defamatory, obscene, abusive or infringing any rights or in any way not in compliance with applicable laws.

3.2 Veratrak may, without liability to you, disable the Veratrak Service to the extent necessary to disable access to any data or material that breaches the provisions of this clause.

3.3 You shall not, and shall not permit any third party to, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:

a) and except to the extent expressly permitted under these Terms of Service, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Veratrak Service in any form or media or by any means; or

b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Veratrak Service; or

c) access all or any part of the Veratrak Service in order to build a product or service which competes with the Veratrak Service; or

d) use the Veratrak Service to provide services similar to the Veratrak Service to third parties; or

e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Veratrak Service available to any third party except as permitted by these Terms of Service.

3.4 You shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Veratrak Service and, in the event of any such unauthorised access or use, promptly notify Veratrak in writing.

3.5 Veratrak may monitor your use of the Veratrak Service to ensure and improve the quality of the Veratrak Service, and to verify your compliance with these Terms of Service.

Veratrak is always innovating and finding ways to improve the Veratrak Service with new features and services and you recognise that the Veratrak Service may change from time to time and no warranty, representation or other commitment is given in relation to the continuity of any functionality of the Veratrak Service.

The Veratrak Service may contain links to, or call the servers of, third party websites or services that are not under Veratrak's control, solely at the direction of and/or as a convenience to you ("Third Party Sites"). As such, Veratrak is not responsible for, and makes no express or implied warranties with regard to, the information, content, or other material, products, or services that are contained on or are accessible through, or the policies regarding use and privacy in respect of, Third Party Sites. Access to and use of Third Party Sites, including information, content, materials, products, and services on such websites or available through such websites, is solely at your risk, and the payment of any fees for the access or use of the Third Party Sites and services made available through Third Party Sites are your sole responsibility.

6.1 You acknowledge and agree that Veratrak and/or its licensors own all intellectual property rights in the Veratrak. These works are protected by copyright and other laws and treaties around the world. All such rights are reserved. Except as expressly set out in these Terms of Service, Veratrak does not grant to you any intellectual property rights, or rights to or licenses in respect of the Veratrak Service.

6.2 Veratrak may use your name, logo and related trade marks in Veratrak's publicity or marketing materials (whether in printed or electronic form) for the purpose of highlighting that you use the Veratrak Service and alongside any testimonials that you have agreed to give. You grant Veratrak such rights as are necessary to use your name, logo, related trade marks and testimonials for the purpose of this clause 6.2

7.1 The Veratrak Service is provided to you on an “AS IS” basis and Veratrak gives no representations, warranties, conditions or other terms of any kind in respect of the Veratrak Service, whether express or implied, including, but not limited to, warranties of satisfactory quality, merchantability fitness for a particular purpose or non-infringement.

7.2 Nothing in these Terms of Service excludes Veratrak’s liability:

a) for death or personal injury caused by Veratrak’s negligence; or

b) for fraud or fraudulent misrepresentation.

7.3 Veratrak shall not be liable to you whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss or damage (whether direct or indirect) arising in connection with your use or failure to use the Veratrak Service.

7.4 Nothing in this clause is intended to affect any rights you have under the Client Agreement.

8.1 Veratrak may terminate your access to the Veratrak Service with immediate effect, if you:

a) breach clause 3 of these Terms of Service; or

b) infringe Veratrak’s intellectual property rights in the Veratrak Service or make any unauthorised use of the Veratrak Service.

No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

If any provision of these Terms of Service is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

11.1 Veratrak may amend these Terms of Service at any time.

11.2 Veratrak will post a copy of the amended Terms of Service on https://help.veratrak.com/en/articles/4247682-terms-of-service where the Veratrak Service is accessed. Your continued use of the Veratrak Service after the Terms of Service have been amended will be considered as your acceptance of the amended Terms of Service.

You may not assign or purport to assign these Terms of Service or any of its obligations thereunder without Veratrak’s prior written consent.

These Terms of Service do not confer any rights on any third party.

These Terms of Service contain the whole agreement between the parties relating to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter.

These Terms of Service shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English courts.