Equimi Terms of Use

Our Terms of Use was last updated on and Effective date: 31 January 2020

Your usage of the Equimi Services, provided by Equimi Limited (henceforth referred to as “Equimi”), with its principal place of business at 1 Purveys Hill Cowfold Road, Bolney Haywards Heath, West Sussex, RH17 5SG, United Kingdom, registered in the United Kingdom at the Companies House under number 11295595, is governed by the following Terms and Conditions. In order to use the Equimi services, You need to agree to the Terms. Equimi reserves the right to amend these Terms and Conditions at all times, with or without a prior notice. This Agreement constitutes a binding legal agreement between You and Equimi, governed by the laws of the United Kingdom.

Further, please read the Terms and Conditions carefully along with our Privacy Policy, available here prior to registering, downloading or using any of our services.

1. Introductions

1.1. The following Terms and Conditions apply to all agreements between the (End)User (hereinafter referred to as “You”) and Equimi, unless otherwise agreed to and provided for in writing.

1.2. The Equimi Website at www.equimi.com and related domains and subdomains, Mobile, and Web Application are collectively referred to as “Equimi.com” or “Equimi Tools”.

1.3. This Agreement consists of the Order Confirmation, the Terms and Conditions, and the Privacy Policy and constitutes the entire agreement between You and Equimi in relation to the search tool.

1.4. By using the Equimi Tools, You agree to be bound by the Terms and Conditions set out herein (the “Terms”). Please make sure You have read and understood the Terms before using the Equimi Tools. If You do not agree with these Terms, then You should not make use of the Equimi Services.

1.5. Unless otherwise stated in the Terms, where the terms of the Order Confirmation conflict with the Terms, the Terms shall take precedence. Unless the Terms herein are in conflict with a separate contract between Equimi and You, then this latter contract shall take precedence.

1.6. We reserve the right to amend the Terms from time to time without prior notice to You. The version of the Terms that will apply to your transaction will be those on Equimi.com/terms at the time when You finished completing any of the Equimi Tools.

2. Definitions

2.1. Agreement: the agreement that Equimi concludes with the visitor to Equimi.com and/or an (End)User, which is governed by these Terms and Conditions.

2.2. Services, also known as the Equimi Tools: the services supplied by Equimi to the (End)User, consisting of the use of and access to the Platform, maintenance, updates and support in the use of the software. The services provided by Equimi include the creation, hosting and management of websites, that the (End)User can access via the Equimi Tools. Each webpage is comprised by the components: Input Section, CMS, Public Pages, and Search results:

2.2.1. Input Section: the page(s) throughout the Equimi Tools for the collection of the User data. User data refers to all the information (in the broadest sense) required from the (End)User for the performance of browsing Equimi conducted via the Equimi Tools. The required information refers to (but is not limited to) the User personal data and the directly submitted Content.

2.2.2. CMS: the content management system to setup or update content, including any settings, with the purpose to control the appearance of webpages.

2.2.3. Public Pages: the automatically generated webpages available to the public and search engines. Any of these webpages are comprised of content uploaded via the CMS.

2.2.4. (Search) algorithms: the proprietary technology used for processing and analysing the User data and other Content to generate search results or Public Pages.

2.3. Content: all information (in the broadest sense) available on the Equimi.com website and Services in any form; including but not limited to images, video, and textual content.

2.4. Personal Data: all the information (in the broadest sense) required by visitors to access the Equimi Tools, or personal information that is required in order to become (End)Users provided via an (online) registration form.

2.5. Mobile Applications: any applications which which can be installed to iOS or Android, via the Apple Apps Store or Google Play Store.

2.6. Web Application: the web application where You can store, view and manage any Personal Data and Content You have saved through the use of the Equimi Tools.

2.7. Platform: the platform made available by Equimi Limited to let the (End)User have access to the Equimi Tools as well as to any other service or product offered by Equimi. The Equimi platform provides the framework within which the (End)User may upload Personal and Company Data, have access to the payment, search, content, settings of Equimi.

2.8. Website: the Equimi website, located at www.equimi.com, forming the basis of the services offered by Equimi, which a user may use to access the Platform, to navigate to links to download software, get information about products, access to press releases and articles, company information, FAQs, the Privacy Policy, The Terms of Use.

2.9. (End)User: any natural or legal entity to whom Equimi delivers its services. A visitor becomes an (End)User upon installation of or signup to or using of the Equimi Tools.

2.10. Subscription: upon submission of an Order confirmation and transferring the first subscription payment, the (End)User concludes a subscription agreement with Equimi, whereby Equimi is obligated to provide the (End)User with an upgraded Equimi account, and functionalities and the (End)User is obliged to pay the recurring subscription amount specified by Equimi.

3. Use of the Services and Restrictions

3.1. Equimi grants You the non-exclusive, non-sub-licensable, and non-transferable right to have access to the Services offered by Equimi for the purpose of using these Services within Your personal, business and professional activities.

3.2. You shall not receive access to the Services until You become an (End)User. In order to become a registered (End)User, You need to agree to these Terms and register at Equimi or by clicking “I have read and accept the Terms and Privacy Policy”. As soon as this Agreement is accepted, Equimi will consider a visitor to be an (End)User who can access his or her Equimi Tools.

3.3. You shall provide Equimi with any information or assistance which has been agreed upon in order for Equimi to perform its obligations under this Agreement, and shall use all reasonable endeavours to ensure that any such information provided to Equimi is complete, accurate and in the agreed format.

3.4. The Services made available to You are provided solely for your own internal use. You may not sell, transfer, sublicense, distribute, commercially exploit or otherwise make available to, or use for the benefit of, any of the Services. You may not include the Services in any product or service which You sell.

3.5. You shall not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services in any form or media or by any means. You will not attempt to reverse compile, disassemble, reverse-engineer all or any part of the Services. You will not access all or any part of the Services in order to build a product or service which competes with the Services nor will You use the Services to provide services to third parties.

3.6. During the Agreement period You agree to not attempt gaining unauthorised access to the Services or modify the same.

3.7. Equimi does not guarantee You that the Services will be delivered at all times in a complete, accurate and timely manner. Shortcomings in the delivery of the Services may partially, but not exclusively, occur as a result of failures in the Internet connection. You are responsible for the hardware, software, peripherals and telecommunication connections necessary to make use of the Services, unless otherwise agreed upon in writing between You and Equimi.

3.8. Equimi is entitled to make changes to the Services at any time. If a change is reasonably foreseeable to have significant technical or operational consequences for You as an (End)User, Equimi will do its best efforts to notify You of the changes in the Services in advance. If You continue to use the Services, You thereby indicate Your consent to the changes made to the Services.

3.9. The Equimi Tools and Services may not be used to contain or display any Content (in the broadest sense) that is outside of the public domain, containing sensitive personally-identifiable-information or when restricted by rights in the copyright, trademarks or any other intellectual property rights of Equimi or any third party. You are required (and responsible to make this assessment and), to not upload any Content owned by others.

3.9. The Equimi Tools and Services provides the ability to directly search video content on YouTube, with the aim to easily display video via the YouTube video player integrated within the CMS and Public page (hereinafter referred to as "YouTube Services"). While using the YouTube Services you are agreeing to be bound by the YouTube Terms of Service here.

4. Creating an account

4.1. A visitor to Equimi.com and/or Mobile Applications must be 18 years of age and older in order to be eligible to create an Equimi Account.

4.2. The (End)User must be a person. Accounts registered by “robots” or by other automated methods are not permitted.

 4.3. You must provide your own personal data during the Equimi Account registration process.

4.4. Your Equimi log in credentials are strictly personal and may not be shared with other people.

4.5. You are at all times responsible for maintaining the confidentiality of your Equimi log in credentials. Equimi cannot be held responsible in that regard.

4.6. You are responsible for all activities undertaken under and content placed within Your Equimi Account. This responsibility also applies to any actions You perform with the Equimi Tools.

5. Account Subscription

5.1. After creating an account the (End)User is required to purchase a Subscription offered by Equimi to access the CMS or Platform.

5.2. To execute the upgrade You need to submit an Order Confirmation and make the first payment. Once You complete the payment process, You enter into a Subscription agreement with Equimi for an unlimited period of time that gives You instant access to the CMS and Platform.

5.3. The Subscription renovates on a periodic and recurring basis, depending on the subscription plan You have selected (each period is called a ‘billing cycle’). The service is billed to You in advance, 24 hours before your next billing cycle commences. For example, if You started your Subscription on February 10th, your next billing cycle starts on March 10th and You will be billed 24 hours earlier, namely on March 9th. Your Subscription will automatically renew, as described above, at the end of each billing cycle, unless and until You cancel its auto-renewal through your account management page or by contacting our customer support team.

5.4. You may cancel your Subscription at any time and at the latest within 24 hours before your ongoing billing cycle ends, in which case You will retain access to the CMS and Platform until your ongoing billing cycle ends and only afterwards your CMS, Public Pages and access to the platform will be suspended.

5.5. The request for cancellation of your Subscription will be immediately accounted for by Equimi and You will receive a confirmation email from us within 24 business hours.

6. Payment Terms

6.1. All prices indicated on Equimi.com are excluding the applicable VAT rates, unless explicitly indicated otherwise.

6.2. Payments for the Subscription take place on a periodic and recurring basis, one day before the date on which your ongoing billing cycle ends.

6.3. The processing and facilitation of all payments for the Equimi Services are handled on behalf of Equimi by Stripe Payments, a division of Stripe Inc, a Payment Service Provider.

6.4. The Equimi Subscription are charged to (End)Users on a recurring monthly basis via SEPA Direct Debit.

6.5. Invoices are provided in digital form to the email address You have entered when creating your Equimi Account, and will be available in the billing section of Your account settings on Equimi.com

6.6. If for any reason a payment transaction is refused or charged back, Equimi will get in contact with You to find out the reason and to offer You the possibility of retaining your ongoing subscription by resolving the problem within a fourteen (14) days period. In case the You take no action, Equimi will terminate your subscription without a further notice and your CMS, Public Pages and access to the platform will be suspended.

7. Subscriptions Termination

7.1. You are responsible for the termination of your Subscriptions through the “Billing” tab in the Equimi “Settings” webpage.

7.2. Upon termination the Subscription will remain active, but will automatically be disabled at the end of the billing cycles.

7.3. Any Data or Content lost due to termination of your subscription cannot be returned.

8. Refund Policy

8.1. We offer a 30 days money back guarantee for any first-time customer. You are entitled to request a refund for your first subscription purchase within thirty (30) days.

8.2. In the eventuality of disservice or dissatisfaction of the Equimi Services, You are entitled to request a refund for your last subscription purchase within seven (7) days by following the procedure described in section 8.4 below. A refund will apply unless Equimi detects any abusive or malicious activity on your Equimi Account. Should You request a refund 7 or more days after your subscription purchase, the refund ability of your payment depends on the sections below.

8.3. Given the nature of the services that Equimi offers, Equimi’s general policy is to not offer refunds for your subscription purchase 7 or more days after the date of such a purchase, unless there has been a technical or administrative error within the platform and You have been charged after having explicitly requested the cancellation of your subscription, or as required under UK consumer protection laws.

8.4. In order to request a refund, You need to complete the Equimi refund form and submit it to Equimi in accordance with the instructions provided in the form. The form can be requested any time via the chat available throughout the Platform. Upon its receipt by Equimi, your request will be processed and within 48 hours You will receive feedback on the approval (or rejection) of your request.

8.5. Equimi will asses each refund request taking into consideration the usage that was made of the services, the problems that You may have encountered, your overall reasoning behind making the request and the completeness of the information You have provided in the Equimi refund request form.

8.6. If You request a refund 7 or more days after your subscription purchase, You will not be considered as eligible for a refund if You:

  • have changed your mind about the subscription;
  • purchased the subscription by mistake;
  • do not have sufficient expertise to use the services;
  • have forgotten to terminate your subscription in due time.

8.7. If your refund request is approved, the refund will generally be done using the same method that you used to make the initial subscription purchase.

9. Changes to the services and prices

9.1. Equimi reserves the right to make changes to the Equimi Website, Platform and to the Services. In such occasions, Equimi will take responsible steps to inform You of these changes with as much advance warning as possible.

9.2. Equimi reserves the right to make price adjustments for the usage of the Equimi Services. These price changes will be announced to (End)Users within one calendar month prior to their implementation.

10. Equimi obligations and conduct

10.1. All Content stored or uploaded via the Equimi Tools are saved and stored internally by Equimi. Equimi retains full control over this Content and will process them in the context of the services and products that Equimi offers.

10.2. Equimi will process personal and company data in the context of the services and products that Equimi offers. Equimi will process these Personal Data in accordance with the General Data Protection Regulation (GDPR).

10.3. The Privacy Policy available here describes the conditions under which Equimi processes personal data. This Privacy Policy constitutes an integral part of these Terms and Conditions of Use. If You agree to these Terms You also agree to the aforementioned Privacy Policy.

11. Warranties and limitation of liability

11.1. The Equimi Service is not intended to be used as the sole basis for any decision- making and can be based upon data which is provided by third parties, the accuracy of which it would not be possible for Equimi to guarantee. Whilst Equimi aims to maintain a quality, fully operative service at all times, the Service and third- party services are nonetheless provided on an “as is” basis without warranties of any kind, whether express or implied.

11.2. Equimi gives You no warranty or assurance about the contents of the Service. Whilst Equimi does endeavour to maintain the accuracy and the quality of the Service, information contained may be incorrect or out of date. Therefore, any use of the Service is at your own risk.

11.3. Equimi disclaims all liabilities in contract, negligence, for breach of statutory duty, or under any indemnity or otherwise in connection with the Service and third-party service and shall not be liable for any indirect, or consequential information or data loss.

11.4. Equimi shall not be liable for any, direct or indirect, damages due to losing access to, breach and theft of any Content or access to the Services.

11.5. Where any matter gives rise to a valid claim against Equimi, its liability shall be limited to a sum equal to the sum paid for the Services supplied under this Agreement in the year in which the claim arises.

11.6. Each party to this Agreement warrants that it has obtained and will continue to hold all necessary licenses, consents, permits and agreements required for it to comply with its obligations under this Agreement and for the grant of rights to the other party under this Agreement.

12. Agreement duration and termination

 12.1. The Terms shall enter into force from the date when You register on Equimi.com, sign up through the Mobile Applications and create a Equimi Account, and shall remain in force for an indefinite period of time.

12.2. You may be contacted by Equimi during this Agreement period regarding new developments and products.

12.3. From time to time Equimi may make alterations to Equimi.com and the Mobile Applications, in doing so will take reasonable steps to inform You of these changes with as much advance warning as possible.

12.4. You shall fully indemnify Equimi against all third parties costs incurred in the pursuit of payment.

12.5. If Equimi believes You have breached any provision of this Agreement or in the event of your insolvency or bankruptcy, Equimi may, with an immediate effect and without a notice, suspend your access to the Services or terminate this Agreement.

12.6. Equimi has the right to dissolve the Agreement in writing with an immediate effect and without a notice of default and/or to suspend Equimi’s obligations and/or to exclude You permanently from the Services and/or to remove the Content, You have stored with/through the Equimi Tools or deny You access to same without prior notice if:

12.6.1. You fail to meet the obligations pursuant to the Agreement and/or the Terms or if You fail to do so in full or on time;

12.6.2. after conclusion of the Agreement Equimi becomes aware of circumstances that give it good reason to fear that You will not perform your contractual obligations;

12.6.3. circumstances of such nature occur that would make it impossible for Equimi to perform the Agreement;

12.6.4. Equimi is notified that You have been involved in any way in collecting or storing Content through use of the Equimi Tools or within its services that is:

  • in violation with the rights in the copyright, trademarks or any other intellectual property rights of Equimi or any third party;
  • discriminatory, racist, vindictive, offensive or otherwise unacceptable;
  • You have been granted or requested suspension of payments.

12.7. Upon termination, You must use best efforts to delete all and any part of the Services held by You in any format and You may not make any further use of the Services.

12.8. Upon termination clauses 3, 4, 7, 9, 10, 11, 12, 13, 14, 15, 16, 18 shall continue with full force and effect.

13. Indemnity

13.1. You agree to indemnify, defend and hold Equimi, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party, incurred or suffered by Equimi or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the Services that breaches this Agreement.

14. Intellectual Property Rights

14.1. Except as expressly provided herein, access to the Services does not grant You any database rights or rights in the copyright, trademarks or any other intellectual property rights of Equimi or any third party.

14.2. The Services and everything on Equimi.com or in the Mobile Applications is protected by copyright and other intellectual property rights. You are not permitted to adapt, alter, modify, reverse engineer, de-compile or otherwise interfere with any element of the Service without Equimi’s written permission. Equimi may take steps to assist identification of its Service.

14.3. Equimi holds various mark registrations which shall not be used without the prior written authorization of Equimi.

15. Force Majeure

15.1. Equimi will not be liable for a failure to perform any of its obligations under this Agreement if such a failure is caused by the occurrence of any unforeseen contingency or circumstances beyond the reasonable control of Equimi, including but not limited to Internet outages and telecommunications outages.

16. Confidentiality

16.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party except as permitted by clause 16.2.

16.2. Each party may disclose the other party’s confidential information:

16.2.1. To its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Agreement. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 16; 

and

16.2.2. As may be required by law, court order or any governmental or regulatory authority.

16.3. No party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Agreement.

17. Miscellaneous

17.1. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

17.2. The terms of this Agreement, the provision of the Services and the relationship between You and Equimi shall be governed by the laws of the United Kingdom. You agree irrevocably to submit to the exclusive jurisdiction of the courts of the United Kingdom in London. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

17.3. The failure of Equimi to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such a right.

18. Keynotes

Equimi offers its Services because there are customers interested in using them. We therefore request that you respect the rights of other fellow Users and those of Equimi. In this context, we expressly draw your attention to the main provisions of these Terms and Conditions of Use:

18.1. By accepting these Terms and Conditions of Use, the User enters into a binding legal agreement with Equimi that will grant him or her access to the Platform, Website or Equimi Tools and the possibility to purchase the Equimi Services.

18.2. If the User’s conduct does not contradict with the Terms hereby provided, there will be no obstacles in their long-term access to the Equimi Tools, Equimi.com website and Services.

18.3. The User is responsible for the Content, data they provide or import or store using the Equimi Tools. It is not allowed to collect, store or publish Content that goes against public policy, security and morals or contain sensitive information.

18.4. The collection of data – either via technological tools or otherwise – for purposes other than those which the Equimi Tool is intended for is prohibited. Jeopardising the functioning of the Platform or Tools is also expressly prohibited.

18.5. Equimi will not be liable for Content that is referred to or stored through the use of the Equimi Tools or for any resulting disappointing outcome, or loss.

18.6. Equimi will not be liable for any action and/or activity undertaken by a User or a third party and having as its object the Services offered by Equimi. The exclusion of liability also applies to any damage or loss stemming from such activities and/or actions.

18.7. We recommend all our Users to get familiar and comply with local laws as they vary per country, and become acquainted with the terms and conditions of third-parties prior to uploading any Content of which rights in the copyright, trademarks or any other intellectual property rights are held by Equimi or any third party.

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