Pensolve Terms of Service

Thanks for using our Pensolve services (“Services”). The Service is provided by Hinau Digital Ltd. (“Company”) located at 146A Lichfield Street, Christchurch, 8011, New Zealand.

By using our Services, you agree to be bound by these terms (“Agreement” or “Terms of use”). Please read them carefully.

If you register for a free trial for our services, the applicable provisions of this Agreement will also govern that free trial.

Definitions

Content - Any data uploaded to Services by the Customer

Free Trial

If You register on Our website for a free trial, We will make one or more Services available to You on a trial basis free of charge until the earlier of (a) the end of the free trial period for which You registered to use the applicable Service(s), or (b) the start date of any Purchased Service subscriptions ordered by You for such Service(s), or (c) termination by Us in our sole discretion. Additional trial terms and conditions may appear on the trial registration web page. Any such additional terms and conditions are incorporated into these Terms and Conditions by reference and are legally binding.

ANY DATA YOU ENTER INTO THE SERVICES, AND ANY CUSTOMIZATIONS MADE TO THE SERVICES BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICES AS THOSE COVERED BY THE TRIAL, PURCHASE APPLICABLE UPGRADED SERVICES, OR EXPORT SUCH DATA, BEFORE THE END OF THE TRIAL PERIOD. YOU CANNOT TRANSFER DATA ENTERED OR CUSTOMIZATIONS MADE DURING THE FREE TRIAL TO A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL (E.G., FROM ENTERPRISE EDITION TO PROFESSIONAL EDITION); THEREFORE, IF YOU PURCHASE A SERVICE THAT WOULD BE A DOWNGRADE FROM THAT COVERED BY THE TRIAL, YOU MUST EXPORT YOUR DATA BEFORE THE END OF THE TRIAL PERIOD OR YOUR DATA WILL BE PERMANENTLY LOST.

NOTWITHSTANDING REPRESENTATIONS, WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIMERS IN THIS AGREEMENT, DURING THE FREE TRIAL THE SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY.

Please review the applicable Service’s Documentation during the trial period so that You become familiar with the features and functions of the Services before You make Your purchase.

Unless explicitly stated, all new accounts are free trial accounts with a duration of 30-days.

Subscriptions

Unless otherwise provided in the applicable Order Form, (a) Services are purchased as subscriptions. A paid subscription entitles the purchaser to the following features are offered as part of the Service:

From time to time, The Company may make available additional modules or upgrades to the Service. These additional modules or upgrades will be made available free of charge to existing subscribers of the Service.

Monthly subscription licenses are provided for one calendar month from the date of initial subscription to the same date in the following month.

Annual subscription licenses are provided for one calendar year from the date of initial subscription to the same date in the following year.

Individual license

An individual license is intended to provide one person access to the Services. The following restrictions apply to this type of license:

  1. Only one registered user can sign into the Service
  2. Only three separately devices can be used to access the Service each month
  3. A user cannot access the Service concurrently from multiple devices
  4. Individual licenses that are purchased as additional licenses are connected to the same license key
  5. You can change the user who is assigned the access to the Service once every calendar month by emailing team@pensolve.com.

Shared license

An shared license is intended to provide twenty people access to the Services. The following restrictions apply to this type of license:

  1. Only twenty different users can access the Service each month per Shared license
  2. Only 50 different devices can be used to connect to the Service in a calendar month per Shared license
  3. Only one registered user can concurrently sign into the Service per Shared license
  4. Shared licenses that are purchased as additional licenses are connected to the same license key
  5. Shared licenses that are purchased as additional licenses allow an additional 20 people, additional 50 devices and an additional concurrent user to access the Service per Shared license

Setup Fee

The setup fee is charged for each new license key setup. As part of the setup You are entitled to have your logo added to the license key to appear on the PDF output.

Privacy and Copyright Protection

Company privacy policy explains how we deal with your personal data and any data you upload, and how your privacy and data is protected when using Pensolve. By using Services, you agree that Company can use such data in accordance with Company's privacy policy.

User Submissions

The Services provide You with the ability to add, create, upload, submit, distribute or post (“Submit,” “Submitting” or “Submission”) Content, articles, data, text, photographs, images, illustrations, or other information on or to the Services (collectively, the “User Submissions”). By way of example, and not as a limitation, User Submissions may be Submitted when You request the Services to (i) identify, resolve, copy, or import content stored on Your or a third party’s computer system, (ii) synchronize content such that the Services store or “mirror” content stored on Your or a third party’s computer system by storing such content on equipment owned or operated by the Company, (iii) save or store Your comments, edits or annotations to Content accessible through the Services, or (iv) share with another person any content stored on Your or a third party’s computer system.

You represent and warrant that the use or other exploitation of any User Submissions by You or Company as contemplated by these Terms and Conditions will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. Except in the case of User Submissions containing content exclusively in the public domain, You represent and warrant, and can demonstrate to the Company’s full satisfaction upon request that (i) You own or otherwise control any and all rights or licenses required in order to Submit all content in Your User Submissions and to permit the Company to use such content as contemplated by these Terms and Conditions, and (ii) You have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in Your User Submissions to use such content as contemplated by these Terms and Conditions.

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content was Submitted. The Company will not be liable for any errors or omissions in any content, and may delete, modify, or reformat any materials, content or information Submitted by You. The Company does not endorse and has no control over any content Submitted to the Service. The Company cannot guarantee the authenticity of any User Submission. You acknowledge that all Content accessed by You in connection with Your use of the Service is at Your own risk and You will be solely responsible for any damage or loss, either direct or indirect, to any party resulting from Your access to or Your inability to access such Content.

If You have chosen to make Your information publicly available, You understand that the Company may share User Submissions with third parties in connection with Your use of the Service, and that the Company cannot and does not control any such third parties. You acknowledge that the Company makes no representation or warranty regarding the privacy of any User Submissions and that You have no expectation of privacy with respect to any User Submissions unless expressly provided otherwise by the Company’s privacy policy.

Our Services analyse and process Your uploaded content into another form. Our Services may store information about the analysis and processing of this uploaded content for the purpose of improving and developing Our Services.

You can find more information about how the Company uses, protects and stores content in the Company’s privacy policy.

Misuse of our Services

Do not misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access other that which already belonged to you. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any of Pensolve's branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Fees and Payment

You must pay or arrange payment of all amounts specified in any invoice by the due date for payment and unless stated otherwise they are payable within 10 days of the invoice date. You are responsible for payment of all taxes and duties in addition to the Fee.

If payment of any invoice for Services is not made in full by the relevant due date, Company may: suspend or terminate Your use of Services, the authority for you to use Services.

Modifying and Terminating our Services

You can stop using our Services at any time, although we’ll be sorry to see you go. The Company may also stop providing Services to you, or add or create new limits to Services at any time. If you wish to terminate your account, you may do so by following instructions available within Services.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

In its discretion, the Company may elect not to provide any refund on any remaining subscription period after the termination date.

Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them.

By signing up to our service, you consent to subscribe to our mailing list, which we will use to keep you informed with developments of our platform.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER Company NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

Liability for our Services

WHERE PERMITTED BY LAW, THE COMPANY, AND THE COMPANY'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, INCLUDING LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS NON-LIABILITY INCLUDES DAMAGE CAUSED BY THIRD PARTY SOFTWARE THAT IS USED TO OPERATE THE Services.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE Company, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE PERIOD YOU HAVE A VALID SUBSCRIPTION WITH THE Services. You WILL INDEMNIFY THE Company FOR ANY LOSS THAT OCCURS AS A RESULT OF YOUR ERROR OR A BREACH OF THESE Terms and Conditions.

Business uses of our Services

If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Company and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and fees for legal advice.

You acknowledge that using Services for business purpose means that the Consumers Guarantees Act does not apply.

Intellectual Property

Pensolve claims no rights to any IP that customers convert using Pensolve. Our customers retain intellectual property rights to the content they convert using Pensolve, in both its spreadsheet and converted forms.

In short, what belongs to you stays yours

Mailing lists

As part of signing up for these services you will be added to two mailing lists. One is educational about engineering and spreadsheets, the other is to aid you in your use of Pensolve. You can unsubscribe from these at any time.

If you continue to use our Services the Company may contact you about important changes to our Services and terms and conditions.

About these Terms

We may modify these terms or any additional terms that apply to Terms Of Use. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page.

The laws of New Zealand will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in New Zealand, and you and Pensolve agree to the exclusive jurisdiction of those courts.

Last modified: 15 February, 2017