Terms of Service
We really are nice people.
There's nothing in here to try and catch you out. We want to build a long-term relationship with you and your team.
If you would like confirmation on something get in touch.
Last updated: 12th January 2012.
By accessing or using the Decisions [D4H] web site (in these terms we call this site and any successor websites, and any software provided by ByteSurgery Ltd. for use with the site, "Service", "Site", "Application", "we", "us" and terms of similar meaning), or any service of ByteSurgery Ltd., you are agreeing to be bound by the following terms and conditions ("Terms of Service"), and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site.
In these Terms, our customers, team account owners and their team members to whom they give access to their Decisions [D4H] account are called "Members". In these Terms users of the Site, whether they are Members, Customers, members of a Decisions [D4H] forum, people who post comments on the Decisions [D4H] blog, or casual browsers of the Site, are called "Users".
ByteSurgery Ltd. reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and continued use of the Service after any such changes shall constitute your consent to such changes. If you do not agree with the changes, you can cancel your account with us without further obligation, except for the amount due for the balance of the billing period in which you cancel your account. You can review the most current version of the Terms of Service at any time.
Violation of any of the terms below will result in the termination of your Account. While ByteSurgery Ltd. prohibits such conduct and Content on the Service, you understand and agree that ByteSurgery Ltd. cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Terms of Account ownership
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person. A single login shared by multiple people is not permitted. You may create separate logins for as many people as you like.
- You are responsible for maintaining the security of your account and password. ByteSurgery Ltd. cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
- You are not permitted to block any advertising that is used within the application.
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment, Refunds, Upgrading and Downgrading Terms
- A valid and accepted payment method is required for paying accounts.
- The Service is billed in advance and is non-refundable. There will be no refunds or credits for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an open account. In order to treat everyone equally, no exceptions will be made.
- 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, excluding only the European Union for VAT.
- For any upgrade or downgrade in plan level, your payment method that you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. ByteSurgery Ltd. does not accept any liability for such loss.
Cancelling & Closing your account
- You are solely responsible for properly cancelling your team account. An email or phone request to cancel your account is not considered cancellation. You can cancel your team account at any time.
- All of your content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
- If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.
- ByteSurgery Ltd., in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other ByteSurgery Ltd. service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. ByteSurgery Ltd. reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- ByteSurgery Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Decisions [D4H] Site or the Service itself.
- ByteSurgery Ltd. shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- We claim no intellectual property rights over the material or data you provide to the Service. Your profile and materials uploaded remain yours. However, by optionally setting your data to be shared with another entity, you agree to allow others to view, download, copy and share those stated exceptions.
- Your Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your Content may cause to you or other people, companies, or organisations.
- ByteSurgery Ltd. does not pre-screen Content, but ByteSurgery Ltd. and its designee have the right (but not the obligation) in their sole discretion to remove, screen or edit without notice any Content posted or stored on the Site, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any Content you post or store on the Site.
- The look and feel of the Service is copyright ByteSurgery Ltd.. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS/JS/PHP or visual design elements without express written permission from ByteSurgery Ltd..
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying account holders and may only available via email.
- You understand that ByteSurgery Ltd. uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, ByteSurgery Ltd., or any other ByteSurgery Ltd. service or application.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by ByteSurgery Ltd..
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ByteSurgery Ltd. customer, client, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by ByteSurgery Ltd.) of other customers, we reserve the right to immediately disable your account or throttle your use until you can reduce your bandwidth consumption.
- ByteSurgery Ltd. does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that ByteSurgery Ltd. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ByteSurgery Ltd. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of ByteSurgery Ltd. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ByteSurgery Ltd. and govern your use of the Service, superseding any prior agreements between you and ByteSurgery Ltd. (including, but not limited to, any prior versions of the Terms of Service).