Terms of Service

1. Usage Terms Introduction

These terms of service specify obligations and terms of conduct for use of the free and the optional paid services provided by this platform („TernaryPlot.com“, „the site“, „the service“).

These terms constitute a binding agreement between You („the customer“) and TernaryPlot.com („us“).

If You use TernaryPlot.com on behalf of a legal entity, organization or company You must ensure that You are rightfully authorized to accept these Terms of Service and enter into a usage agreement on the entity’s behalf.

Note that these Terms of Service affect Your legal rights and obligations. If You do not agree to be bound by all Terms of Service do not use the Site or Services.

If any of the terms below is unclear or you object to one of the terms, please contact us by e-mail via support@ternaryplot.com

2. Definitions

The following chapter describes terms and expressions used in this document as well as services we offer and the legal status of companies providing the service and software.

Services means all products, services and Site content provided by TernaryPlot.com via TernaryPlot.com in accordance with these Terms of Service.

You, Customer means single users or users acting on behalf of a group, organization, company or agency acting on its behalf, which purchases services and/or is using the Site, where the specific usage options are defined in the agreement.

Cookies means computer data, usually in form of small text files that are stored by this site to enable specific customer services (e.g. that You do not have to log in on every visit). Cookies can be disabled.

Confidential information: To use the service You provide certain personal information to us or payment platforms we use, such as Customer contact and billing information. This information will be kept private by reasonable means as described in our privacy policy. Such information might include proprietary information necessary to provide the services.

Order means a request by a Customer to be supplied with certain usage options and access to features with Terms of Service as described in this text.

Provision of Services means providing access to Services for a customer who submitted an Order, on conditions jointly determined by Terms of Service and Order.

Security Emergency means situations or events where use of the Service that do or could disrupt the Services, other Customers' use of the Services, or the infrastructure used to provide the Services.

Paid period means a period for which a customer gets access to optional paid services.

We; Us, Our, TernaryPlot.com means the company responsible for development, maintenance and paid services: TernaryPlot.com

3. Eligibility

• Provide key information about Yourself such as a working e-mail address and Your name.
• Your password will remain private and can not be used or altered by personnel of TernaryPlot.com.
• For the registration process we sent You an activation link which is the final step. Should You not receive an activation link or have other issues please contact support@ternaryplot.com

4. Agreements & Offers

A completed web-based order form or any other kind of order request of the Customer constitutes a binding contractual offer regarding the requested Services of TernaryPlot.com. An agreement shall be deemed concluded upon acceptance of such offer by TernaryPlot.com, at the latest upon provision of the Service by TernaryPlot.com.

Any offers by TernaryPlot.com shall be deemed non-binding, unless expressly otherwise agreed. Performance dates or times mentioned in a Customer’s request are binding only if designated as binding by TernaryPlot.com in writing.

5. Orders & Services

The details of the services provided of the respective contract are set by the information on the product description site of TernaryPlot.com at the time of the order.

Insofar as TernaryPlot.com conducts its Services free of charge it may at its own discretion and at any time, in whole or parts, change, limit or cancel such Services. If doing so TernaryPlot.com will take Customer’s legitimate interests into account and will notify Customer within a reasonable timeframe in advance, provided that such notification is technically feasible and reasonable.

Confirmation of the order means that the binding agreement between You and TernaryPlot.com is concluded and that the customer agrees to these Terms of Services.

If any term specified in the order overrides these Terms of Services, all other provisions of Terms of Service apply accordingly.

6. Fees

Unless otherwise agreed, Customer may find details concerning prices on the product order pages of TernaryPlot.com, valid at the time of the order.

All prices (including additional costs) are net prices. TernaryPlot.com shall be entitled to issue electronic invoices. Billing for the respective Service will be processed in accordance with the payment method selected by Customer.

The provision of the Service starts after reception of the payment.

Fees constitute TernaryPlot.com remuneration for Provision of Services specified in Order. Fees will be increased by commissions and additional taxes applicable to Services according to the rates described in the Order. You hereby agree to be charged by such commissions and taxes.

TernaryPlot.com reserves the right to suspend or terminate the Services if fees are 30 day past due.

Customer agrees to receive VAT invoices in electronic form. Customer can declare other form by sending an appropriate declaration to support@ternaryplot.com

Customer is responsible to provide complete and accurate billing and contact information to TernaryPlot.com.

7. Termination

Unless otherwise agreed, the agreement has a minimum term – depending on the chosen period of the Service – of one day, one week, one month, or one year and may be terminated without notice at the end of each term. The agreement terminates automatically at the end of its term.

TernaryPlot.com, in its sole discretion, may choose to terminate the Service at any time. They must inform the other party of their decision 30 days in advance. In case of TernaryPlot.com severing the agreement, it shall reimburse the Client any sum already paid in proportion of the time since the latest payment. The Client may not claim any compensation if it chooses to terminate the Service prior to its renewal date.

8. Suspension

TernaryPlot.com may suspend its Services in case the Customer:

• violates the Agreement including these Terms of Service,
• Usage patterns indicate that the service is used by more users than licensed in violation of the expressed terms for usage of TernaryPlot.com.
• uses the Services in a manner resulting in excessive support requests;
• or uses the Services in a manner that TernaryPlot.com reasonably believes will cause its liability.
• Notwithstanding anything in this Agreement, if there is a Security Emergency then TernaryPlot.com may automatically suspend the use of the Services, both free and paid. TernaryPlot.com will make commercially reasonable efforts to narrowly tailor the suspension as needed to prevent or terminate the Security Emergency and resume Service.

9. Data Protection

By using any of the services above You agree that TernaryPlot.com stores the data and Your personal user information on the site.

TernaryPlot.com collects, processes and uses personal identifiable information solely pursuant to Dutch data protection legislation. Customer may find TernaryPlot.com’s current privacy notice at TernaryPlot.com’s website under the section “Privacy Policy.

Your data is treated as private and confidential.

10. Liability

Insofar as TernaryPlot.com provides its Services free of charge it shall be not obligated to remedy defects.

Insofar as TernaryPlot.com provides paid Services it shall be liable in accordance with statutory provisions of Dutch law for any damages based on intent or gross negligence or the lack of a guaranteed feature, including intent or gross negligence of its subcontractors. In the event of slight negligent breach of an obligation of TernaryPlot.com which is prerequisite for the proper implementation of the agreement, by the breach of which attainment of the purpose of the agreement is jeopardized and on which Customer may duly rely, liability shall be limited to the typical damage expected under the agreement. Any other liability shall be excluded.

TernaryPlot.com may be held responsible for failing to provide the availability of Services or reaction times in case of unavailability of Services under these Terms of Service and in Order. Any refund can be made only by issuing a credit for Customer account for using the Services proportionally to the period for which he could not use Services up to current billed Fee rate.

11. Indemnification

You hereby agree to indemnify and hold TernaryPlot.com and its subsidiaries, employees, affiliates, officers, agents, partners, licensors and other contractors harmless from and against any and all third party demands, claims, liability loss and expense or other events not listed arising out of, or which may arise from Your breach or alleged breach of these Terms of Service, or Your violation of any third-party rights or any other not mentioned related to Your access to the Site or Services.

12. Modifications

We reserve the right to change and modify these Terms of Service at any time to reflect the service and feature offerings of the site.

Modifications will be published on the website 4 weeks prior to taking effect to leave users reasonable time to consider whether You agree to the modified Terms of Service.

By continuing to use the Services after the modification becomes effective, You agree to be bound to the modified Terms of the Service.

If You do not agree to the modified Terms of Service, please stop using the Site or the Services.

13. Applicable law

The Parties partake in the Agreement in good faith. They shall address any dispute arising from the Agreement through physical or online meetings and discussions. Alternatively, the Parties may agree in writing to the designation of an impartial arbiter. Only if no agreement has been found 2 weeks after the dispute has first been notified in writing by one of the Parties shall the Parties request the assistance of a court of law. All disputes arising from this contractual relationship shall be governed by Dutch law.

Terms of Service and the use of Services shall be governed exclusively by Dutch law.

Provisions of Terms of Service are compatible with EU privacy law.

Terms of Services are in lieu of all warranties, conditions, undertakings, terms and obligations implied by conventions, statute or common law, trade usage, cause of dealing or otherwise, all of which are hereby excluded to the fullest point of law.

You agree that all disputes You have with TernaryPlot.com in connection with Terms of Service that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of the TernaryPlot.com registered office.

If You have questions, please contact us via:support@ternaryplot.com.

14. Severability clause

Should any term hereof be invalid, this shall not affect the validity of the remaining terms.