1.1 The service of GRAPHQL Editor App (“Service”) is provided by GraphQL Editor Sp. z o.o. , a company incorporated under the laws of Poland with its registered office in Bialystok, at ul. Mlawska 4/U7, postal code: 15-411, NIP (EU VAT/Tax Identification no.) PL5423354452, registered in the National Court Register (KRS) under KRS number 0000778277 , by the District Court in Bialystok, XII Commercial Division of the National Court Register, with share capital of PLN 5,000 (“Company”).
1.2 In order to use the Services, you must first agree to the Terms. You can agree to the Terms by actually using the Services. You understand and agree that the Company will treat your use of the Services as acceptance of the Terms from that point onwards.
1.3 You may not use the Services if you are a person barred from receiving the Services under the Polish laws or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 18, as the Services may not be used by children under 18.
1.4 You agree your purchases of Services are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Company or any of its affiliates regarding future functionality or features.
1.5. Services are ordered by Company’s client (“Client”) by sending the electronic form available at: https://app.graphqleditor.com/. Company provides services for three types of Client’s: Indie Clients, Team Clients and Enterprise Clients.
1.6. Services is made available to the Team Client after payment in advance in each monthly payment period (“Settlement Period” ). Company will issue an electronic bill to Team Client for all charges due in each Settlement Period. Services will be available to Team Client in each Settlement Period subject to payment Fee in advance.
Services is made available to the Indie Client’s for free, if they are individual clients and companies below 100k$ total revenue.
Services is made available to the Enterprise Client’s after agreed upon individually with Company’s team.
If the provision of the Service results in a risk of more than insignificant damage to Company or another customer of the Service, Company may bloc or restrict access to the Service. In connection with this, Company may not adopt more far-reaching measures than is justified in the circumstances. Client shall be informed as soon as possible if the access to the Service is restricted. Unless otherwise follows from the service level guaranties, Company may carry out planned measures that affect the availability of the Service if required for technical, maintenance, operational or safety reasons. Company shall perform such measures promptly and in a manner that limits the disruption. Company undertakes to notify Client within a reasonable time before such action. Company guaranties that Service will be available fifty one percent ( 51% ) of the time in a given calendar month, except to the extent that (i) any Client provided hardware or software fails or is defective and said failure or defect causes, in whole or in part, the downtime, (ii) the Services are suspended (see Section 9 ) or (iii) as specified in these Term and Conditions (including in this Section 3 ). Availability shall be measured at the exit (outbound port) of the firewall at Company’s data center. Client’s sole and exclusive remedy for any failure of the foregoing guaranty is that Company will provide Service free of charge next settlement period. No other liabilities can be concluded from this statement.
The current Services costs - monthly fees, are listed onhttps://graphqleditor.com/pricing/ (“Fees”). The fees can be changed once a year for the individual client. Company may change its fees and payment policies for the Service by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website (or such other URL https://app.graphqleditor.com/ may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.
The Services fee is paid in advance upon the electronic bill generated by Company on a monthly basis.
For all Services, we will charge your credit card on a monthly basis or at the interval indicated in Company fees and payment policies in https://graphqleditor.com/pricing/, if different. Late payments may bear interest at the rate of annually 9 % above base interest rate (or the highest rate permitted by law, if less). Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses and attorneys fees GraphCMS incurs collecting late amounts. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 30 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Company measurements of your use of the Company Services, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Company and only in the form of credit for the Company Services. Nothing in these Terms obligates Company to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Company may be shared by Company with companies who work on Company behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Company and servicing your account, especially for Paddle.com. Company may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Company shall not be liable for any use or disclosure of such information by such third parties. Company reserves the right to discontinue the provision of the Company Services to you for any late payments.
Support is provided via e-mail ticketing system:[email protected] . The response time is usually the next three business days (excluding statutory holidays in Poland) between 9 AM and 5 PM (CET) per ticket, although - it’s guaranteed only in the “Dedicated” plan according to Company’s offer at https://graphqleditor.com/pricing/ (if available). Support provided by these Terms and Conditions does not guarantee the time of error repair. Support does not include services for customizing Services – they are set individually by Company and Client on the Basis of a separate agreement for an additional fee.
Backups are stored for 7 (seven) days on separate machine, made daily, restored on request ( via[email protected] support e-mail ) (“Backups”) . The subject of
Backups are code and database snapshots.
This Agreement between Company and Client (“Agreement”) enters into force on the date of Sign up by the Client . Agreement is concluded for an indefinite period and is valid until its termination by the Company or Client. Agreement can be terminated by both parties with 7 (seven) days' notice periods with the effect on the end of Settlement Period. Company may terminate the Services immediately without the notice period in case of: (i) breach of these Terms and Conditions by Client; (ii) publishing by Client any content that’s violating the law or is inappropriate; (iii) failure of Client to finally pay overdue bills within 7 (seven) days after the applicable due date. In the case of termination for the above mentioned reasons Company will have no obligation to provide a refund of any amounts previously paid by Client. In case of a delay by Client in any payment for the due bills, Company is entitled to suspend the provision of the Services, without notice, until payment of delayed fees is made. Any such suspension will in no way relieve Client from payment of fees.
THE SERVICES ARE PROVIDED “AS IS”. THE EXPRESS WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS ARE THE ONLY WARRANTIES MADE BY COMPANY WITH RESPECT TO THE SOFTWARE PROVIDED BY COMPANY. COMPANY MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE, AND, SPECIFICALLY, MAKES NO WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. COMPANY'S EXPRESS WARRANTIES WILL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY WILL ARISE OUT OF, COMPANY RENDERING TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE SOFTWARE.
UNDER NO CIRCUMSTANCES WILL GRAPHQL BE LIABLE FOR: LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF CONTRACTS; LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS DATA, LOSS OF JOB, LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, ACTIONS AND DAMAGES CONNECTION WITH FORCE MAJEURE, LOSS ANYTHING BY THE CLIENTS AFTER HIS ACTIONS OR OMISSIONS, OR CONSEQUENTIAL OR INDIRECT LOSS OR SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (INCLUDING, FOR THE AVOIDANCE OF DOUBT, WHERE SUCH LOSS OR DAMAGE IS ALSO OF A CATEGORY OF LOSS OR DAMAGE ALREADY LISTED), WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON CLAIMS OF CLIENT, Company OR ANY THIRD PARTY ARISING OUT OF ANY BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY CONDITIONS OR OTHER TERM, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, OTHER LIABILITY IN TORT, FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL GRAPHQL BE LIABLE FOR MISLEAD OR OUR NOT CULPABLE FAULTS. COMPANY WILL NOT BE LIABLE FOR ANY CONTENT PROVIDED OR PUBLISHED OR IMPORTED OR EXPORTED BY THE CLIENT OR OTHERS FAULTS MADE IN ANOTHER SERVICES WHICH COMPANY USES. NOTWITHSTANDING THE FORM (E.G.,CONTRACT, TORT, OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT. IN NO EVENT WILL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR DAMAGES, EXPENSES, COSTS, LIABILITIES, SUITS, CLAIMS, RESTITUTION OR ALL ANOTHER LOSSES, THAT EXCEED, THE (ONE) MONTHLY SERVICES FEE PAID TO COMPANY IN SETTLEMENT PERIOD IN WHICH THE EVENT CAUSING LIABILITY OCCURRED. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY ERRORS THAT MAY OCCUR WHILE USING ANY OF THE BELOW MENTIONED FEATURES:
These Terms and Conditions does not transfer from Company to Client any Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Company. Company logo, and all other trademarks, service marks, graphics and logos used in connection with Services are trademarks or registered trademarks of Company, or Company’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Client’s use of the Services grants to Client no right or license to reproduce or otherwise use any Company or third-party trademarks. Parties agree that, according to these Terms and Conditions the realized business cooperation, Company may use Client’s name trademarks, service marks, graphics, and logos as a reference on its official website, presentation, lecture, conference or other means of advertising and/or promoting its professional activities. Parties agree that Company may, as a reference, mention the Client and their mutual business operations in the course of negotiations, offers and/or similar types of business interaction with third parties.
Services are constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Company Services which Company provides may change from time to time without prior notice to you, subject to the terms in Section 3. Changes to the form and nature of the Company Services will be effective with respect to all versions of the Services; examples of changes to the form and nature of the Services include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.You may terminate these Terms at any time by canceling your account on the Services. You will not receive any refunds if you cancel your account. You agree that Company, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the Services may be without prior notice, and you agree that the Company will not be liable to you or any third party for such termination.
You are solely responsible for exporting your Content and Application(s) from the Services prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Content and Application(s). Upon any termination of the Services or your account these Terms will also terminate, but Sections 8, 9, 10, 11,12, 13, 14, 15 shall continue to be effective after these Terms are terminated.
You agree to hold harmless, defend and indemnify Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively "Company and Partners") from and against any third party claim arising from or in any way related to (a) your breach of the Terms, (b) your use of the Services, (c) your violation of applicable laws, rules or regulations in connection with the Services, or (d) your Content or your Application, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, the Company will provide you with written notice of such claim, suit or action
13. General. If any provision of these Terms and Conditions are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. The Parties are independent contractors. These Terms and Conditions will not be construed as constituting either Party as a partner of the other or to create any other form of legal association that would give on party the express or implied right, power or authority to create any duty or obligation of the other party.
14. Governing Law and Jurisdiction. Agreement shall be governed by Polish law. Any disputes that may arise on the basis of Agreement, will be settled by Polish court of law.