Terms of Service: Coding Mammoth (Semonto)

When you create an account on Semonto.com, you will need to agree with these terms of service. Semonto is a product of Coding Mammoth BV and is the abbreviation of 'Server Monitoring Tool'. Coding Mammoth BV is a Belgian company registered with enterprise number 0847.844.732. We are located at Krijgslaan 219/2 2610 Antwerp. For more information on Coding Mammoth BV please visit codingmammoth.com.

1. License and Intellectual property rights

1.1 Coding Mammoth B.V. grants you a non-exclusive, non-transferable, limited, revocable license to use Semonto in accordance with this agreement (the “Agreement), subject to your payment of applicable fees under this Agreement. Coding Mammoth B.V. reserves all rights not expressly granted to you.

1.2 All right, title, and interest in and to Semonto will remain the exclusive property of Coding Mammoth B.V. and its licensors. You may not delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying Semonto and you shall not acquire any ownership to Semonto as a result of your use of it.

1.3 Nothing in the Agreement gives you the right to use Coding Mammoth B.V.’s name or any of Coding Mammoth B.V.’s trademarks, logos, domain names and other distinctive brand features.

1.4 By checking the acceptance box when registering for a subscription to use Semonto or by starting to use Semonto, you enter into an agreement with Coding Mammoth B.V. for the use of Semonto as of that date (“Effective Date”). As of the Effective Date, Coding Mammoth B.V. hereby grants you the right to access and use Semonto, provided that you shall at all times comply with the Agreement nd shall not use Semonto in violation of applicable laws or regulations.

By way of mere example You shall not:

2. Accounts (Upgrade, Downgrade, Canceling, Renewing)

2.1 Semonto works with a subscription model. A trial account is valid for 14 days, after this date, the account will be expired and Semonto will stop monitoring the linked servers. It's possible to upgrade the account to a paid account, see Semonto.com/pricing for pricing. When you got a paid and active account, you can upgrade, downgrade (unless you got the lowest package) or extend your account at any time. Please contact us at info@semonto.com for more information.

2.2 When your account, paid or free, is going to expire, we'll notify you by email. If you want to stop using Semonto, you can cancel your account at any date via the dashboard. Once your account is expired, Semonto will stop monitoring your servers and your data will still be available for another 6 months. More information at the 'Data Storage'-header below.

2.3 Coding Mammoth BV will reserve the right to disable your account at any time if you do not conform to these Terms of Service.

3. Payments and Invoices

3.1 All prices on our website are in EURO. We use Paddle as our main payment processor. You can pay with CreditCards, a PayPal account or even Apple Pay. Make sure to read 'Privacy Policy', 'Terms Of Service' and 'GDPR' at Paddle for more information. If required, a wired transfer is also possible. In this case, please contact us at info@semonto.com for more information. Wired transfers are processed manually and can take up to 7 business days.

3.2 Invoices should be paid within 14 days. If we haven't received your payment within 14 days, we will reserve the right to disable your account. All prices are excluding VAT. It's possible local taxes are added, pending on your location and state. An invoice of any payment is available in the dashboard tool of Semonto.

4. Amendments

Coding Mammoth BV reserves the right to update these Terms of Service at any time but you will be notified via email and/or a notification in the app when they do change. The last update occurred on the 13 November 2020.

5. Warranty and Limitation of Liability

5.1 We cannot guarantee an uptime of 100% but we do striveto have our service up at all times. One way we try to achieve this is by having multiple test servers in different parts of the world.

5.2 Semonto solely works with simple network requests. You use of our service is at your own risk and the entire risk as to satisfactory quality, performance and accuracy is with you only. We do not warrant: (i) that Semonto will meet your specific requirements, (ii) that our services will be uninterrupted, timely, secure or error free, (iii) that the results that may be obtained from the use of Semonto will meet your expectations. We specifically disclaim any implied warranties of marchantability, fitness for particular purpose, title and non-infringement.

5.3 To the maximum extent permitted by applicable law, the total aggregate liability of Coding Mammoth BV, its affiliates, subsidiaries, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of Semonto for all damages arising out of or in any way relating to Semonto, including its trials shall in no event exceed the total amount(s) paid to us in the preceding 12 months.

5.4 Without prejudice to the foregoing. In no event shall Coding Mammoth BV, its affiliates, subsidiaries, personnel, subcontractors, agents or any third party that has been involved in the creation, production, or delivery of Semonto, including its trials be liable for indirect, incidental, special and/or consequential damages or purely financial loss such as missed business opportunities, lost sales, volume, revenue and profit, and data loss in connection with or arising out of this Agreement.

6. Misuse and Indemnification

6.1 We will not tolerate any misuse of our system by our customers and third parties. This includes, but is not limited to, hacking, exceeding the limits of your contract and using other accounts without the explicit permission of the rightful owner. If we do notice this behavior, we will block the responsible ones from using Semonto and you shall indemnify Coding Mammoth B.V., its affiliates, personnel, subcontractors and agents from and against any and all losses, damages, liabilities, claims, demands, suits, expenses and any other out-of-pocket costs (including all reasonable attorney’s fees and expenses) which they may incur or be liable for arising out of or in connection with, directly or indirectly, such misuse or other breach of this Agreement.

7. Data Storage

7.1 We will store the results of all tests performed by Semonto. Data will be removed as follows:

8. Data Protection

8.1 These Terms incorporate the Coding Mammoth Data Processing Addendum (“DPA”), when the GDPR applies to your use of Semonto and as relates to our processing of Controller Personal Data (as defined in the DPA). The DPA is effective as of 10 January 2021 and replaces and supersedes any previously agreed data processing addendum between you and Coding Mammoth B.V.

8.2 By using our services and Semonto, you consent to our collection, use and disclosure of your personal information as also set forth in our Privacy Policy, as updated from time to time.

9. Governing Law and Disputes

9.1 To the extent permitted by applicable law, this Agreement shall be governed by and construed in accordance with the laws of Belgium, excluding its conflicts of law rules.

9.2 To the extent permitted by applicable law, any dispute between Coding Mammoth B.V. and you shall exclusively be submitted to the competent court in Antwerp, Belgium.

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