Welcome to Sertifier! These Terms and Conditions ("Terms") govern your use of the Sertifier Application and the website located at https://app.sertifier.com (collectively referred to as the "Service"), operated by Sertifier Inc. ("Sertifier", "us", "we", or "our"). By registering, signing up, or otherwise accessing or using the Service, you agree to comply with and be bound by these Terms.
1.1 Acceptance of Terms
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.
1.2 Changes to Terms
Sertifier reserves the right to modify these Terms at any time. Any changes will be posted on the Service or communicated to you directly. Your continued use of the Service after such changes have been posted constitutes your acceptance of the revised Terms.
1.3 Eligibility
The Service is intended for use by individuals who are at least 15 years old. By using the Service, you represent and warrant that you are at least 15 years old and have the legal capacity to enter into these Terms.
1.4 Account Security
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify Sertifier immediately of any unauthorized use of your account or any other breach of security.
1.5 Compliance with Laws
You agree to use the Service in compliance with all applicable laws and regulations. You must not use the Service for any illegal or unauthorized purposes, including but not limited to copyright infringement or violation of privacy laws.
1.6 Contact Information
If you have any questions about these Terms, please contact us at support@sertifier.com.
2. Services and Subscriptions
2.1 Service Description
Sertifier provides a digital credentialing service that allows users to create, issue, and manage digital certificates and badges. The Service is accessible via the Sertifier website and application.
2.2 Subscription Plans
The Service is available on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing Cycles are set annually, with the option to pay monthly. Regardless of the payment method, a minimum commitment of one year is required.
2.3 Automatic Renewal
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal by contacting our customer support team at support@sertifier.com.
2.4 Payment Information
A valid credit card is required to process the payment for your Subscription. By submitting your payment information, you automatically authorize Sertifier to charge all Subscription fees incurred through your account to any such payment instruments.
2.5 Failed Payments
Should automatic billing fail to occur for any reason, Sertifier will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
2.6 Refund Policy
Sertifier offers a full refund within the first 30 days of your initial subscription. After the first 30 days, all payments are nonrefundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for service periods unused with an open account.
2.7 Annual Commitment
All subscriptions require a minimum commitment of one year. Customers may choose to pay annually or on a monthly basis, but early cancellation before the completion of the first year is not permitted.
2.8 Taxes
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might apply to your use of the Sertifier Service and payments made by you herein.
3. Violation of Terms of Service
3.1 Investigation and Prosecution
Sertifier reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Sertifier may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service.
3.2 Monitoring and Removal of Content
You acknowledge that Sertifier has no obligation to prescreen or monitor your access to or use of the Sertifier Site or any information, materials, or other content provided or made available through the Sertifier Site, but has the right to do so. You hereby agree that Sertifier may, in the exercise of its sole discretion, remove or delete any entries, information, materials, or other content that violates these Terms of Service or is otherwise objectionable.
4. Termination and Cancellation
4.1 Termination by Sertifier
Sertifier reserves the right to terminate any unpaid accounts that do not have any activity for sixty (60) days. "Unpaid Accounts" is defined as any account that is not on a paid pricing plan, or that is past due on payment in excess of sixty (60) days. Sertifier, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms and Conditions.
4.2 Cancellation by User
You are solely responsible for properly canceling your account. To do so, the account owner must send an email to support@sertifier.com with "Account Cancellation" in the subject line. Any cancellation of your account may result in the deactivation or deletion of your account, denied access to your account, and the forfeiture and relinquishment of all content in your account. This information cannot be recovered from Sertifier once your account is canceled.
4.3 Effects of Termination
Cancellations will take effect at the end of your current service period. Upon the commencement of a new service period, the Sertifier Site will terminate without additional notice, and you will not be charged for any subsequent service periods. You will not be provided any refunds for unused time on your service period.
5. Modifications to the Sertifier Site and Prices
5.1 Changes to the Site
Sertifier reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sertifier Site (or any part thereof) with or without notice.
5.2 Price Changes
Prices of all Sertifier plans, including but not limited to subscription plan fees to the Sertifier Site, are subject to change. Such changes will be posted on the website or communicated to you via email.
5.3 No Liability
Sertifier shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sertifier Services.
6. Copyright and Content Ownership
6.1 Intellectual Property Rights
We claim no intellectual property rights over the content submitted or created exclusively on your Sertifier account. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.
6.2 Prohibited Content
Submitted Information and Content must not contain information or materials that are inappropriate, inaccurate, misleading, fraudulent, or otherwise illegal. You will not use our services to upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit. Sertifier shall be entitled to remove any of the Submitted Information and Content which Sertifier believes to be inaccurate or inappropriate.
6.3 Liability for Content
You shall be responsible and liable for Submitted Information and Content, and defend, hold harmless, and indemnify Sertifier and its affiliates from and against any damages which may result from the submission, display, and/or use of any such Submitted Information and Content.
7. Disclaimer
7.1 No Warranties
THE SOFTWARE AND ALL INFORMATION, MATERIALS, AND WEBSITES ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS-IS,” “AS AVAILABLE” BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. SERTIFIER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7.2 Use at Own Risk
You expressly agree that your use of the software is at your sole risk. The owners and creators of Sertifier do not warrant that the software will be uninterrupted or error-free; nor does it make any warranty as to the results that may be obtained from your use of the software, or as to the accuracy, reliability, completeness, or content of any information, website, software or merchandise that may be provided through the software. No statement, information, or advice, including, but not limited to, statements regarding capacity, suitability for use, or performance, whether made by the owners and creators of Sertifier, employees, resellers, or other representatives or otherwise, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of Sertifier for any purpose or give rise to any liability of Sertifier whatsoever, and you agree that you will not rely on any such statement, information, or advice.
7.3 Third-Party Content
Where the owners and creators of Sertifier are distributors, rather than publishers, of the Content supplied by third parties, the owners and creators of Sertifier exercise no editorial control over such Content. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of Sertifier or its content providers or licensors. Neither the owners nor creators of Sertifier nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
8. Limitation of Liability
8.1 Exclusion of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SERTIFIER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS AND INJURY TO PROPERTY, EVEN IF SERTIFIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES SERTIFIER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. Publicity
9.1 Use of Your Name and Logo
You grant Sertifier the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications, subject to your standard trademark usage guidelines as provided to us from time to time. If you do not want to be listed, you may send an email to support@sertifier.com declining to be used as a reference.
10. Governing Law
10.1 Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the United States of America, specifically the laws of the State of Delaware, without giving effect to its conflict of law provisions or your actual country of residence.
10.2 Waiver and Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
11. Modifications to the Terms
11.1 Right to Modify
Sertifier reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of the software following the posting of any changes to this Agreement constitutes acceptance of those changes.
11.2 New Features
Sertifier may also, in the future, offer new services and/or features through the software (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
12. Violation of These Terms
12.1 Investigation and Prosecution
Sertifier reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. Sertifier may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service.
12.2 No Obligation to Prescreen
You acknowledge that Sertifier has no obligation to prescreen or monitor your access to or use of the Sertifier Site or any information, materials, or other content provided or made available through the Sertifier Site, but has the right to do so. You hereby agree that Sertifier may, in the exercise of Sertifier’s sole discretion, remove or delete any entries, information, materials, or other content that violates these Terms of Service or is otherwise objectionable.
13. Termination and Cancellation
13.1 Termination by Sertifier
Sertifier reserves the right to terminate any unpaid Accounts that do not have any activity for sixty (60) days. "Unpaid Accounts" is defined as any account that is not on a paid pricing plan, or that is past due on payment in excess of (60) days. Sertifier, in its sole discretion, has the right to suspend or terminate your Account if you breach these Terms and Conditions.
13.2 Termination by You
You are solely responsible for properly canceling your Account. To do so, the account owner must send an email to support@sertifier.com with "Account Cancellation" in the subject line. Any cancellation of your Account may result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Sertifier once your Account is canceled.
13.3 Effect of Termination
Cancellations will take effect at the end of your current service period. Upon the commencement of a new service period, the Sertifier Site will terminate without additional notice, and you will not be charged for any subsequent Service periods. You will not be provided any refunds for unused time on your service period.
14. Modifications to the Sertifier Site and Prices
14.1 Right to Modify
Sertifier reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sertifier Site (or any part thereof) with or without notice.
14.2 Price Changes
Prices of all Sertifier plans, including but not limited to subscription plan fees to the Sertifier Site, are subject to change. Sertifier shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Sertifier Services.
15. Copyright and Content Ownership
15.1 Ownership of Content
We claim no intellectual property rights over the content submitted or created exclusively on your Sertifier account. Any content that is yours remains yours. These Terms do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Services to you.
15.2 Inappropriate Content
Submitted Information and Content must not contain information or materials which are inappropriate, inaccurate, misleading, fraudulent, or otherwise illegal. You will not use our services to upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit. Sertifier shall be entitled to remove any of the Submitted Information and Content which Sertifier believes to be inaccurate or inappropriate.
15.3 Responsibility and Liability
You shall be responsible and liable for Submitted Information and Content, and defend, hold harmless and indemnify Sertifier and its affiliates from and against any damages which may result from the submission, display, and/or use of any such Submitted Information and Content.
16. Disclaimer of Warranties
16.1 "As-Is" Basis
THE SOFTWARE AND ALL INFORMATION, MATERIALS, AND WEBSITES ACCESSIBLE THROUGH THE SOFTWARE ARE PROVIDED ON AN “AS-IS,” “AS AVAILABLE” BASIS. THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO PRODUCTS, SOFTWARE, OR WEBSITES FURNISHED TO SUBSCRIBERS UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE. SERTIFIER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
16.2 No Warranty of Uninterrupted Use
You expressly agree that your use of the software is at your sole risk. The owners and creators of Sertifier do not warrant that the software will be uninterrupted or error-free; nor does it make any warranty as to the results that may be obtained from your use of the software, or as to the accuracy, reliability, completeness, or content of any information, website, software, or merchandise that may be provided through the software.
16.3 No Additional Warranties
No statement, information, or advice, including, but not limited to, statements regarding capacity, suitability for use, or performance, whether made by the owners and creators of Sertifier, employees, reseller, or other representatives, which is not contained in this agreement shall be deemed to be a warranty by the owners and creators of Sertifier for any purpose or give rise to any liability of Sertifier whatsoever, and you agree that you will not rely on any such statement, information, or advice.
16.4 Third-Party Content
Where the owners and creators of Sertifier are distributors, rather than publishers, of the Content supplied by third parties, the owners and creators of Sertifier exercise no editorial control over such Content. The views and opinions expressed in such information do not necessarily reflect those of the owners and creators of Sertifier or its content providers or licensors. Neither the owners nor creators of Sertifier nor its content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.
17. Limitation of Liability
17.1 Exclusion of Certain Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SERTIFIER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES THAT ARISE FROM LOSS OF ANTICIPATED REVENUE, LOSS OF INFORMATION OR MATERIAL OF ANY KIND, LOST PROFITS, LOSS OF BUSINESS, AND INJURY TO PROPERTY, EVEN IF SERTIFIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT ARISE IN CONNECTION WITH OR RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE ON ANY MATERIALS, CONTENT, INFORMATION, WEBSITES, SOFTWARE, OR PRODUCTS OBTAINED IN THE SOFTWARE, OR MISTAKES, OMISSIONS, INTERRUPTIONS, COMMUNICATIONS FAILURE, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, OR THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, WEBSITES, OR SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND IN SUCH STATES, SERTIFIER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
18. Miscellaneous
18.1 Entire Agreement
These Terms constitute the entire agreement between you and Sertifier and govern your use of the Service, superseding any prior agreements between you and Sertifier (including, but not limited to, any prior versions of the Terms).
18.2 Waiver and Severability of Terms
The failure of Sertifier to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
18.3 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
18.4 Assignment
You may not assign your rights and obligations under this Agreement to any party, and any purported attempt to do so shall be null and void. Sertifier may assign its rights and obligations under this Agreement to any party at any time without notice to you.
18.5 Notices
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
19. Governing Law
19.1 Jurisdiction
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising from these Terms and your use of the Service shall be resolved in the state or federal courts located within the State of Delaware, and you consent to the jurisdiction of such courts.
19.2 Waiver of Jury Trial
You and Sertifier agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms.
20. Dispute Resolution
20.1 Good Faith Negotiations
In the event of any dispute, claim, question, or disagreement arising from or relating to these Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this end, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
20.2 Mediation
If the parties do not reach a solution within a period of 30 days from the time informal dispute resolution is initiated, then upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by mediation administered by the American Arbitration Association in accordance with the provisions of its Commercial Mediation Procedures.
21. Modifications to the Terms
21.1 Right to Modify Terms
Sertifier reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
21.2 Notice of Changes
Sertifier may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of these Terms.
22. Termination
22.1 Termination by Sertifier
Sertifier may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
22.2 Termination by You
You are solely responsible for properly canceling your Account. To do so, the account owner must send an email to support@sertifier.com with "Account Cancellation" in the subject line. Any cancellation of your Account may result in the deactivation or deletion of your Account, denied access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from Sertifier once your Account is canceled.
22.3 Effects of Termination
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
23. Publicity
23.1 Right to Use Customer Name and Logo
You grant Sertifier the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications, subject to your standard trademark usage guidelines as provided to us from time to time. If you do not want to be listed, you may send an email to support@sertifier.com declining to be used as a reference.
24. Miscellaneous
24.1 Entire Agreement
These Terms constitute the entire agreement between you and Sertifier regarding the use of the Service, superseding any prior agreements between you and Sertifier relating to your use of the Service.
24.2 Waiver and Severability of Terms
The failure of Sertifier to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
24.3 Assignment
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so shall be null and void. Sertifier may assign its rights and obligations under these Terms to any party at any time without notice to you.
24.4 Notices
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.
24.5 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24.6 Force Majeure
Neither party shall be liable for any failure or delay in performance under these Terms to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (excluding those involving such party's employees), computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, and internet connectivity, or failures of the internet or any public telecommunications network (each, a “Force Majeure Event”). This provision does not excuse either party’s obligation to take reasonable steps to follow its normal disaster recovery procedures or your obligation to pay for the services provided.
25. Limitation of Liability
25.1 No Indirect Damages
Under no circumstances shall Sertifier be liable to you or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from your use of the Service, including but not limited to lost profits, lost data, or business interruption, even if Sertifier has been advised of the possibility of such damages.
25.2 Liability Cap
Sertifier's total liability to you for any claim arising out of or relating to these Terms or your use of the Service, regardless of the form of the action, shall be limited to the amount you paid, if any, for accessing the Service during the twelve (12) months preceding the date of the claim.
26. Publicity
26.1 Use of Company Name and Logo
You grant Sertifier the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other communications, subject to your standard trademark usage guidelines as provided to us from time to time. If you prefer not to be listed, you may send an email to support@sertifier.com declining this use.
27. Governing Law
27.1 Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions.
27.2 Dispute Resolution
Any disputes arising out of or in connection with these Terms shall be resolved exclusively by the courts located within the State of Delaware. You agree to submit to the personal jurisdiction of these courts for the purpose of litigating any such disputes.
28. Changes to the Terms
28.1 Right to Modify
Sertifier reserves the right to modify or replace these Terms at any time at its sole discretion. Any changes to the Terms will be posted on the Service, and your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
29. Entire Agreement
29.1 Complete Understanding
These Terms constitute the entire agreement between you and Sertifier regarding your use of the Service and supersede any prior agreements between you and Sertifier relating to the Service.
29.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
29.3 Waiver
The failure of Sertifier to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
