Users of the Services offered by ExecAPI acknowledge and accept these terms and conditions.
Owner of ExecAPI and related Services
Pilvy LLC, 30 N Gould St Ste 23654, Sheridan, WY 82801, United States <inquiries@pilvy.com>
Information about ExecAPI
ExecAPI is a developer platform that allows Users to store data, build, and deploy applications without managing infrastructure.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through ExecAPI, that they upload and post on or through ExecAPI, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain ExecAPI.
Services provided by third parties
Users may use third-party services or content included in ExecAPI, but they must be aware of these third parties’ terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.
Registration
In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential.
After registering on ExecAPI, Users can import most of the Data stored in third-party services of their choice supported by ExecAPI into the application. Users may also import Data into the application by setting up an external web hook using ExecAPI’s API or simply by manually adding it into the Application.
Paid services
ExecAPI provides for additional services and subscriptions available upon payment of a fee.
The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of ExecAPI.
Trial period
In the event that ExecAPI offers a trial period, the User will be able to experience, free of charge and for a limited period of time, some of the paid features offered by ExecAPI. Details of the trial terms will be provided as part of the process of starting a subscription or using the Service.
Recurring subscription
Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.
Automatic renewal
Recurring subscriptions are renewed automatically through the payment method that the User chose at the time of purchase. The renewed subscription will last for the same period of time as the original service period. Users may cancel automatic renewal at any time by changing their preferences for the payment method used. If the User cancels an automatic renewal, then ExecAPI may be forced to cancel their subscription when it runs out.
Refunds
Refunds, if requested, are not guaranteed, but may be considered on a case-by-case basis and granted in the sole discretion of ExecAPI. Users can either send a request to exercise the right of cancellation by contacting the Owner or use any alternative procedure provided by the payment handling platform used for the transaction.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
Service reselling
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of ExecAPI and of its Service without the Owner’s express permission, granted either directly or through a proper reselling program.
Indemnity
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Forbidden use
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on ExecAPI or any portion of it;
- circumvent any technology used by ExecAPI or its licensors to protect content accessible via it; copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through ExecAPI;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of ExecAPI or its content; rent, lease or sublicense ExecAPI;
- defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity);
- disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate;
- use ExecAPI in any other improper way that violates these Terms.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time by directly contacting the Owner.
The Owner reserves the right to suspend or terminate the User’s account at any time and without notice.
Privacy Policy
For information about the use of their personal data, Users must refer to the privacy policy of ExecAPI.
Copyright
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning ExecAPI are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Age eligibility
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use ExecAPI.
Limitations of liability
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
The owner shall take any appropriate security measures to prevent unauthorised access or disclosure of the Data imported into the application. The Owner shall not be liable for any unauthorised access or disclosure of Data caused by any event beyond the Owner’s reasonable control or which could not have been foreseen or prevented by the Owner.
ExecAPI’s total liability to you or any third party arising out of these terms or in connection with any use of ExecAPI, shall in no event exceed the subscription fees paid by you during the twelve months prior to the first event or occurrence giving rise to such liability.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within ExecAPI.
Users who continue to use ExecAPI after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
Contacts
All communications relating to ExecAPI must be sent using the contacts stated in this document.
Severability
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Definitions
Service
The service provided by ExecAPI as described in these Terms and in ExecAPI.
User
Any user of the Service, whether a human being or legal entity.
Terms and Conditions (or Terms)
These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner.
Updated: 23 February 2023