The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control witha party, where "control" means ownership of 50% or more of theshares, equity interest or other securities entitled to vote for election ofdirectors or other managing authority.
Account means a unique account created for You to access our Service or parts of ourService.
Country refers to: Delaware, United States
Company (referred to as either "the Company", "We", "Us"or "Our" in this Agreement) refers to Struxture Technologies Inc dbaHectic, 4146 Heatherhill Circle, Longmont, CO 80503.
Content refers to content such as text, images, or other information that can beposted, uploaded, linked to or otherwise made available by You, regardless ofthe form of that content.
Device means any device that can access the Service such as a computer, a cellphone ora digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding theattributes, performance or features of our Service.
FreeTrial refers to a limited period of time that may be free when purchasing aSubscription.
Goods refer to the items offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered on a subscription basisby the Company to You.
Termsand Conditions (also referred as "Terms") mean these Terms andConditions that form the entire agreement between You and the Company regardingthe use of the Service.
Third-partySocial Media Service means any services or content (including data,information, products or services) provided by a third-party that may bedisplayed, included or made available by the Service.
Website refers to Hectic, accessible from https://www.hecticapp.com, https://www.create.hecticapp.com
You means the individual accessing or using the Service, or the company, or otherlegal entity on behalf of which such individual is accessing or using theService, as applicable.
These are the Terms and Conditions governing the use of thisService and the agreement that operates between You and the Company. TheseTerms and Conditions set out the rights and obligations of all users regardingthe use of the Service.
Your access to and use of the Service is conditioned on Youracceptance of and compliance with these Terms and Conditions. These Terms andConditions apply to all visitors, users and others who access or use theService.
By accessing or using the Service You agree to be bound bythese Terms and Conditions. If You disagree with any part of these Terms andConditions then You may not access the Service.
You represent that you are over the age of 18. The Companydoes not permit those under 18 to use the Service.
By placing an Order for Goods through the Service, Youwarrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on theService, You may be asked to supply certain information relevant to Your Orderincluding, without limitation, Your name, Your email, Your phone number, Yourcredit card number, the expiration date of Your credit card, Your billingaddress, and Your shipping information.
You represent and warrant that: (i) You have the legal rightto use any credit or debit card(s) or other payment method(s) in connectionwith any Order; and that (ii) the information You supply to us is true, correctand complete.
By submitting such information, You grant us the right toprovide the information to payment processing third parties for purposes offacilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at anytime for certain reasons including but not limited to:
We reserve the right to refuse or cancel Your Order if fraudor an unauthorized or illegal transaction is suspected.
Any Goods you purchase can only be returned in accordancewith these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms andConditions. Please read our Returns Policy to learn more about your right tocancel Your Order.
Your right to cancel an Order only applies to Goods that arereturned in the same condition as You received them. You should also includeall of the products instructions, documents and wrappings. Goods that aredamaged or not in the same condition as You received them or which are wornsimply beyond opening the original packaging will not be refunded. You shouldtherefore take reasonable care of the purchased Goods while they are in Yourpossession.
We will reimburse You no later than 14 days from the day onwhich We receive the returned Goods. We will use the same means of payment asYou used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for thesupply of any of the following Goods:
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at anytime prior to accepting an Order.
The prices quoted may be revised by the Company subsequentto accepting an Order in the event of any occurrence affecting delivery causedby government action, variation in customs duties, increased shipping charges,higher foreign exchange costs and any other matter beyond the control of theCompany. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Paymentcan be made through various payment methods we have available, such as Visa,MasterCard, Affinity Card, American Express cards or online payment methods(PayPal, for example).
Payment cards (credit cards or debit cards) are subject tovalidation checks and authorization by Your card issuer. If we do not receivethe required authorization, We will not be liable for any delay or non-deliveryof Your Order.
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
You may cancel Your Subscription renewal either through YourAccount settings page or by contacting the Company. You will not receive arefund for the fees You already paid for Your current Subscription period andYou will be able to access the Service until the end of Your currentSubscription period.
You shall provide the Company with accurate and completebilling information including full name, address, state, zip code, telephonenumber, and a valid payment method information.
Should automatic billing fail to occur for any reason, theCompany will issue an electronic invoice indicating that you must proceed manually,within a certain deadline date, with the full payment corresponding to thebilling period as indicated on the invoice.
The Company, in its sole discretion and at any time, maymodify the Subscription fees. Any Subscription fee change will become effectiveat the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice ofany change in Subscription fees to give You an opportunity to terminate YourSubscription before such change becomes effective.
Your continued use of the Service after the Subscription feechange comes into effect constitutes Your agreement to pay the modifiedSubscription fee amount.
Except when required by law, paid Subscription fees arenon-refundable.
Certain refund requests for Subscriptions may be consideredby the Company on a case-by-case basis and granted at the sole discretion ofthe Company.
The Company may, at its sole discretion, offer aSubscription with a Free Trial for a limited period of time.
You may be required to enter Your billing information inorder to sign up for the Free Trial.
If You do enter Your billing information when signing up fora Free Trial, You will not be charged by the Company until the Free Trial hasexpired. On the last day of the Free Trial period, unless You cancelled YourSubscription, You will be automatically charged the applicable Subscriptionfees for the type of Subscription You have selected.
At any time and without notice, the Company reserves theright to (i) modify the terms and conditions of the Free Trial offer, or (ii)cancel such Free Trial offer.
Any Promotions made available through the Service may begoverned by rules that are separate from these Terms.
When You create an account with Us, You must provide Usinformation that is accurate, complete, and current at all times. Failure to doso constitutes a breach of the Terms, which may result in immediate terminationof Your account on Our Service.
You are responsible for safeguarding the password that Youuse to access the Service and for any activities or actions under Yourpassword, whether Your password is with Our Service or a Third-Party SocialMedia Service.
You agree not to disclose Your password to any third party.You must notify Us immediately upon becoming aware of any breach of security orunauthorized use of Your account.
You may not use as a username the name of another person orentity or that is not lawfully available for use, a name or trademark that issubject to any rights of another person or entity other than You withoutappropriate authorization, or a name that is otherwise offensive, vulgar orobscene.
For purposes of this section "Personal Information" has the meaning given in the California Consumer Privacy Act (“CCPA”).
Our Service allows You to post Content. You are responsiblefor the Content that You post to the Service, including its legality,reliability, and appropriateness.
By posting Content to the Service, You grant Us the rightand license to use, modify, publicly perform, publicly display, reproduce, anddistribute such Content on and through the Service. You retain any and all ofYour rights to any Content You submit, post or display on or through theService and You are responsible for protecting those rights. You agree thatthis license includes the right for Us to make Your Content available to otherusers of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours(You own it) or You have the right to use it and grant Us the rights andlicense as provided in these Terms, and (ii) the posting of Your Content on orthrough the Service does not violate the privacy rights, publicity rights,copyrights, contract rights or any other rights of any person.
The Company is not responsible for the content of theService's users. You expressly understand and agree that You are solelyresponsible for the Content and for all activity that occurs under youraccount, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful,offensive, upsetting, intended to disgust, threatening, libelous, defamatory,obscene or otherwise objectionable. Examples of such objectionable Contentinclude, but are not limited to, the following:
The Company reserves the right, but not the obligation, to,in its sole discretion, determine whether or not any Content is appropriate andcomplies with this Terms, refuse or remove this Content. The Company furtherreserves the right to make formatting and edits and change the manner anyContent. The Company can also limit or revoke the use of the Service if Youpost such objectionable Content. As the Company cannot control all contentposted by users and/or third parties on the Service, you agree to use theService at your own risk. You understand that by using the Service You may beexposed to content that You may find offensive, indecent, incorrect orobjectionable, and You agree that under no circumstances will the Company beliable in any way for any content, including any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of your use ofany content.
Although regular backups of Content are performed, theCompany do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, withoutlimitation, Content that is corrupted prior to being backed up or that changesduring the time a backup is performed.
The Company will provide support and attempt to troubleshootany known or discovered issues that may affect the backups of Content. But Youacknowledge that the Company has no liability related to the integrity ofContent or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of anyContent in a location independent of the Service.
We respect the intellectual property rights of others. It isOur policy to respond to any claim that Content posted on the Service infringesa copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf ofone, and You believe that the copyrighted work has been copied in a way thatconstitutes copyright infringement that is taking place through the Service,You must submit Your notice in writing to the attention of our copyright agentvia email at firstname.lastname@example.org and include in Your notice a detailed descriptionof the alleged infringement.
You may be held accountable for damages (including costs andattorneys' fees) for misrepresenting that any Content is infringing Yourcopyright.
You may submit a notification pursuant to the DigitalMillennium Copyright Act (DMCA) by providing our Copyright Agent with thefollowing information in writing (see 17 U.S.C 512(c)(3) for further detail):
You can contact our copyright agent via email email@example.com. Upon receipt of a notification, the Company will take whateveraction, in its sole discretion, it deems appropriate, including removal of thechallenged content from the Service.
The Service and its original content (excluding Contentprovided by You or other users), features and functionality are and will remainthe exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and otherlaws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connectionwith any product or service without the prior written consent of the Company.
You assign all rights, title and interest in any FeedbackYou provide the Company. If for any reason such assignment is ineffective, Youagree to grant the Company a non-exclusive, perpetual, irrevocable, royaltyfree, worldwide right and license to use, reproduce, disclose, sub-license,distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites orservices that are not owned or controlled by the Company.
The Company has no control over, and assumes noresponsibility for, the content, privacy policies, or practices of any thirdparty web sites or services. You further acknowledge and agree that the Companyshall not be responsible or liable, directly or indirectly, for any damage orloss caused or alleged to be caused by or in connection with the use of orreliance on any such content, goods or services available on or through anysuch web sites or services.
We strongly advise You to read the terms and conditions andprivacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, withoutprior notice or liability, for any reason whatsoever, including withoutlimitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will ceaseimmediately. If You wish to terminate Your Account, You may simply discontinueusing the Service.
Notwithstanding any damages that You might incur, the entireliability of the Company and any of its suppliers under any provision of thisTerms and Your exclusive remedy for all of the foregoing shall be limited tothe amount actually paid by You through the Service or 100 USD if You haven'tpurchased anything through the Service.
To the maximum extent permitted by applicable law, in noevent shall the Company or its suppliers be liable for any special, incidental,indirect, or consequential damages whatsoever (including, but not limited to,damages for loss of profits, loss of data or other information, for businessinterruption, for personal injury, loss of privacy arising out of or in any wayrelated to the use of or inability to use the Service, third-party softwareand/or third-party hardware used with the Service, or otherwise in connectionwith any provision of this Terms), even if the Company or any supplier has beenadvised of the possibility of such damages and even if the remedy fails of itsessential purpose.
Some states do not allow the exclusion of implied warrantiesor limitation of liability for incidental or consequential damages, which meansthat some of the above limitations may not apply. In these states, each party'sliability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and"AS AVAILABLE" and with all faults and defects without warranty of anykind. To the maximum extent permitted under applicable law, the Company, on itsown behalf and on behalf of its Affiliates and its and their respectivelicensors and service providers, expressly disclaims all warranties, whetherexpress, implied, statutory or otherwise, with respect to the Service,including all implied warranties of merchantability, fitness for a particularpurpose, title and non-infringement, and warranties that may arise out ofcourse of dealing, course of performance, usage or trade practice. Withoutlimitation to the foregoing, the Company provides no warranty or undertaking,and makes no representation of any kind that the Service will meet Yourrequirements, achieve any intended results, be compatible or work with anyother software, applications, systems or services, operate withoutinterruption, meet any performance or reliability standards or be error free orthat any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor anyof the company's provider makes any representation or warranty of any kind,express or implied: (i) as to the operation or availability of the Service, orthe information, content, and materials or products included thereon; (ii) thatthe Service will be uninterrupted or error-free; (iii) as to the accuracy,reliability, or currency of any information or content provided through theService; or (iv) that the Service, its servers, the content, or e-mails sentfrom or on behalf of the Company are free of viruses, scripts, trojan horses,worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certaintypes of warranties or limitations on applicable statutory rights of aconsumer, so some or all of the above exclusions and limitations may not applyto You. But in such a case the exclusions and limitations set forth in thissection shall be applied to the greatest extent enforceable under applicablelaw.z
The laws of the Country, excluding its conflicts of law rules,shall govern this Terms and Your use of the Service. Your use of theApplication may also be subject to other local, state, national, orinternational laws.
If You have any concern or dispute about the Service, Youagree to first try to resolve the dispute informally by contacting the Company.
If You are a U.S. federal government end user, our Serviceis a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
You represent and warrant that (i) You are not located in acountry that is subject to the United States government embargo, or that hasbeen designated by the United States government as a "terroristsupporting" country, and (ii) You are not listed on any United Statesgovernment list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceableor invalid, such provision will be changed and interpreted to accomplish theobjectives of such provision to the greatest extent possible under applicablelaw and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a rightor to require performance of an obligation under this Terms shall not effect aparty's ability to exercise such right or require such performance at any timethereafter nor shall be the waiver of a breach constitute a waiver of anysubsequent breach.
These Terms and Conditions may have been translated if Wehave made them available to You on our Service. You agree that the originalEnglish text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify orreplace these Terms at any time. If a revision is material We will makereasonable efforts to provide at least 30 days' notice prior to any new termstaking effect. What constitutes a material change will be determined at Oursole discretion.
By continuing to access or use Our Service after thoserevisions become effective, You agree to be bound by the revised terms. If Youdo not agree to the new terms, in whole or in part, please stop using thewebsite and the Service.
If you have any questions about these Terms and Conditions, You can contact us by email: Terms@hectic.us