Latest update on Mar. 17 2019
This Agreement applies to
- the Essential Risk Management for Confluence App,
- the page and sub pages of http://medical-risk-management.de and http://medical-risk-management.eu
referred to ERM Service for the rest of this document.
Because we believe in establishing long-term relationships with our customers, we decided to use plain English instead as much as possible, to make our terms as clear as possible.
Should you have other questions or concerns about this document, please get in touch!
Using Our Services Means Accepting These Terms
This is a living document. With your help, we want to make it the best in the industry.
If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We’re all ears!
We don’t amend this document for any particular customer, but if your changes apply to all of our customers, we’ll be happy to update it for everyone. Scroll to the bottom to see the history so far.
We improve this document over time. If the changes are significant, we will provide a prominent notice on our home page, product login screens, or by sending you an email notification. By continuing to use the Service, you will implicitly accept the changes we make.
Your access and use of the ERM Service is always subject to the most current version of this document.
Support for ERM Services for the unpaid ERM app version is currently only provided via our contact page. We provide continuously updates our documentation so that users can help themselves.
We take pride in providing excellent customer support, but we are also a small team and value our work/life balance. This means that although we’ll try our best, we do not guarantee 24/7 support.
Intellectual Property Rights
Who Owns ERM Materials?
ERM Materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on the ERM Services.
ERM Materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the ERM Materials may violate such laws and the Terms of Service.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the ERM Service or ERM Materials or any portions of them.
You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The trademarks, logos and service marks displayed on the Services are the property of ERM or other third parties. You are not permitted to use them without the prior written consent of ERM or such third party that may own the Marks.
- ERM Materials may not be modified or altered in any way.
- ERM Materials on ERM Services may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the ERM Materials.
- You may not copy or distribute any graphics in the ERM Materials apart from their accompanying text.
- You will not quote or display ERM Materials, or any portions thereof, out of context.
- We reserve the right to revoke the authorization to view, download and print the ERM Materials available via ERM Services at any time, and any such use shall be discontinued immediately upon notice from us.
- The rights granted to you constitute a license and not a transfer of title.
- Any ERM Materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.
Do You Guarantee That ERM Services Will Be Accessible at All Times?
In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not offer contracted SLA for availability to ERM Services and your data.
That said, high reliability is something we are proud of and something we deliberately chose to compete on. We have developers, system administrators and support staff on call, 24/7.
We monitor ERM Services closely, so that we can deal with the issue before it becomes a problem that might impact customer access.
You acknowledge and agree that we shall not be liable for any failure to store your materials on ERM Service at any time.
Play Nice Clauses
You agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any ERM Service server, whether through hacking, password mining or any other means.
- Access or attempt to access any material that you are not authorized to access.
- Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
- Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, ERM Services, ERM Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through ERM Services or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any ERM Service account holder or to any medical-risk-management.eu or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying ERM Services or other affiliated or linked sites, materials or services.
- Access or use ERM Services in any manner that could damage, disable, overburden or impair any ERM Service server or the network(s) connected to any ERM Service server.
- Violate any applicable laws or regulations related to the access to or use of ERM Services, or engage in any activity prohibited by the Terms of Service.
- Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
- Prepare, compile, use, download or otherwise copy any ERM Service user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of us or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any medical-risk-management.de or ERM Service domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by us.
Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. We offer no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, ERM Materials, the ERM Services or another third-party service. You agree that you will not hold us responsible or liable with respect to the third-party services.
Special Treatment for Spammers
In the event of your or others’ access to or use of a ERM Service or Materials in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Service, you acknowledge and agree that we would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that we are entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). We may without restriction block, filter or delete unsolicited e-mail.
Restriction and Termination of Use
We may block, restrict, disable, suspend or terminate your access to all or part of the ERM Services at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.
If you breach any of the terms and conditions in this document, your authorization to access or use the ERM Service automatically terminates. Any materials downloaded or printed from the ERM Service in violation of the Terms of Service must be immediately destroyed.
If you think we removed your access by mistake, get in touch and we’ll give you our reasoning.
Links to Third Party Sites
ERM Services may include links that will take you to other sites outside of the ERM Service. The linked sites are provided by us to you as a convenience and the inclusion of the links do not imply any endorsement of any linked site. We have no control of the linked sites and you therefore acknowledge and agree that we are not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that we are not responsible for any form of transmission (e.g. webcasting) received from any linked site.
Advertisements and Promotions
We may run advertisements and promotions from third parties via ERM Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via ERM Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that we are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on our Services or Materials.
Warranties and Disclaimers
The ERM Services and ERM Materials are provided by us under these Terms of Service “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that:
- ERM Services and ERM Materials will meet your requirements;
- ERM Services and ERM Materials will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of ERM Services and ERM Materials will be effective, accurate, or reliable;
- the quality of any Services or Materials purchased or accessible by you will meet your expectations; and
- any errors or defects in ERM Services and ERM Materials will be corrected.
ERM Services and ERM Materials may include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to Materials and Services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. ERM Services and ERM Materials may be out of date, and we make no commitment to update the Materials and Services.
You acknowledge and agree that:
- We do not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
- We makes no representations or warranties whatsoever about any such third parties, their materials or services;
- any dealings you may have with such third parties are at your own risk; and
- We shall not be liable or responsible for any Materials or Services offered by third parties.
We do not control or endorse the materials found in any Service and specifically disclaims any liability with regard to the Services and any actions resulting from your use of ERM Services and ERM Materials and participation in any Services. Managers, hosts, Space Owners, project members and other third parties are not our authorized spokespersons, and their views do not necessarily reflect ours. To the maximum extent permitted by law, we will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. We also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.
The use ERM Services, ERM Materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. We assume no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any Services or Materials. No advice or information, whether oral or written, obtained by you from us or via the site, Services or Materials shall create any warranty not expressly stated in the Terms of Service. We will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any Services or materials, either with or without your knowledge.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
Indemnity and Liability
You agree to indemnify and hold us, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
- your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through ERM Services, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
- your access to or use of ERM Services (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with ERM Services);
- your connection to ERM Services;
- your violation of the Terms of Service;
- the actions of any member of your work group, including non-logged in users you have granted access to the ERM Services you are an Owner for;
- your infringement of any third party’s intellectual property rights when using any of the software made available on ERM Services;
- your violation of any rights of any third party;
- your access to or use of linked sites and your connections thereto; or
- any dealings between you and any third parties advertising or promoting via ERM Services.
Limitation of Liability
In no event shall we, our members, officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if we have been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:
- the access or use of or the inability to access or use ERM Services or ERM Materials;
- the statements or actions of any third party on or via the Services or Materials;
- any dealings with vendors or other third parties;
- any unauthorized access to or alteration of your transmissions, user materials or other data;
- any information that is sent or received or not sent or received;
- any failure to store or loss of data, files, materials or other content;
- any Services available that are delayed or interrupted;
- any web site referenced or linked to from the Services; or
- your access to or use of or inability to access or use any linked site.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
ERM Services can be accessed from countries around the world and may contain references to products, ERM Services and programs that are not available in your country. These references do not imply that we intend to announce such products, Services or programs in your country. The Services are controlled, operated and administered by us and our affiliates from our offices Germany and Belgium. We make no representation that the ERM Services and ERM Materials are appropriate or available for use at other locations outside the European Union, and access to the Services from territories where the Services or Materials are illegal is prohibited. If you access the Services from a location outside the EU, you are responsible for compliance with all local laws.
By accessing Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
The Terms of Service and other rules, guidelines, licenses and disclaimers posted via ERM Services or in connection with the ERM Materials and Services constitute the entire agreement between us and you with respect to your access to or use of ERM Services and Materials superseding any prior agreements between you and us on such subject matter (including any prior versions of the Terms of Service). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Service expressly contradict any terms of a written agreement between you and us regarding the use of specific Services or Materials (including Service-specific Terms of Service and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other ERM Services, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect. Any failure by us to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Service are purely for convenience and carry with them no legal or contractual effect.
- 17 Mar 2019: Initial revision, gratefully copied from https://balsamiq.com/