Terms and Conditions

A. Definitions

An "Account" represents your legal relationship with Caasy.

The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Caasy Privacy Statement, available at https://caasy.io/privacy-policy) and procedures that we may publish from time to time on the Website.

“Caasy”, “We”, and “Us” refer to Caasy, a Mosaic S.A.R.L. brand (mosaic.mc), as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

The “Service” refers to the applications, software, products, and services provided by Caasy, including any Beta Previews.

“Site” means a website for which the content is managed using the Service.

“Site Owner” means the User that is the creator and/or owner of a Site for which the Service is employed. Ownership of a Site may be transferred between Users.

The “User”, “You”, and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 16 years of age.

The “Website” refers to Caasy’s website located at https://caasy.io, and all content, services, and products provided by Caasy at or through the Website. Occasionally, websites owned by Caasy may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.

B. Account Terms

1. Account Controls

Subject to these Terms, you retain ultimate administrative control over your Account.

2. Required Information

You must provide a valid email address in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.

3. Account Requirements

You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted.

One person or legal entity may maintain no more than one free Account.

You must be age 16 or older, and at least old enough to be able to be entering into legally binding contracts and business transactions. Caasy does not target our Service to children under 16, and we do not permit any Users under 16 on our Service. If we learn of any User under the age of 16, we will terminate that User’s Account immediately. If you are a resident of a country within or outside the EU where your country’s minimum age is above 16; you are responsible for complying with your country’s laws.

Your login may only be used by one person — i.e., a single login may not be shared by multiple people.

4. Account Security

You are responsible for keeping your Account secure while you use our Service and the content of your Account and its security are up to you.

You are responsible for all activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).

You are responsible for maintaining the security of your Account and password. Caasy cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You will promptly notify Caasy if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.

C. Acceptable Use

Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations. Moreover, you must not post or maintain immoral content that consists of or promotes, for example, pornography, violence or firearms, illegal drugs, or any other similar categories of content.

Caasy may, at its sole discretion, remove any type of content (regardless of if it is prohibited by this Agreement) with or without prior notification or justification. Any non-removal or delayed removal by Caasy of content posted on a Site using the Services, does not constitute a waiver of this Agreement.

You agree that you will not under any circumstances violate our Acceptable Use Policies.

D. Intellectual Property Notice

1. Caasy's Rights to Content

Caasy and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service, as well as the Caasy brand, name and logo, are copyright © Mosaic S.A.R.L. (mosaic.mc). All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Caasy.

E. Personal Data

You agree that you will treat the personal data of the users on your managed Site, or personal data included in your content, with care and in compliance with the General Data Protection Regulation 2016/679 (“GDPR”). Caasy does not, under any circumstances, take on the role as a data processor (as defined in the GDPR), unless explicitly agreed in writing in separate agreement.

When publishing content with Caasy, such content becomes immediately publicly available on the internet. You as a User further agree that you are not allowed to publish, process or maintain content in a way that is jeopardizing the confidentiality of other persons’ personal data without a justified legal ground, by making such personal data publicly available via Caasy’s Services, or by keeping such personal data in the backend, in free text or in any other readable or non-pseudonymized form in your published content or in the backend.

You as a Site Owner have the sole responsibility for all personal data included in the content of your website and of any Users contributing to your Site, and to ensure compliance with the GDPR and that you have established routines for the handling of personal data, including, but not limited to, a privacy policy. It is your sole responsibility that the content stored on Caasy are free from personal data to the extent that your handling of such personal data is not permitted under or non-compliant with the GDPR.

You as a User further acknowledge that if a Site Owner deletes a Site to which you are a contributor or where your personal data is processed, such your personal data will be deleted without Caasy’s prior notice. Please note that it is the Site Owner who is the data controller and responsible for the treatment of your personal data.

F. Payment

1. Pricing

Our pricing and payment terms are available at https://caasy.io/#pricing. If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

2. Changes

We will immediately bill you when you upgrade from the free plan to any paying plan.

3. Billing Schedule; No Refunds

For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service or downgrade refunds with an open Account; however, the service will remain active for the length of the paid billing period. In order to treat everyone equally, no exceptions will be made.

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorize for Caasy.

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay Caasy any charge incurred in connection with your use of the Service. If you dispute the matter, contact Caasy Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.

G. Cancellation and Termination

1. Account Cancellation

It is your responsibility to properly cancel your Account with Caasy. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.

2. Upon Cancellation

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your repositories within 30 days of cancellation or termination.

3. Caasy May Terminate

Caasy has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. Caasy reserves the right to refuse service to anyone for any reason at any time.

4. Survival

All provisions of this Agreement which, by their nature, should survive termination will survive termination — including, without limitation: ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

H. Communications with Caasy

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

2. Legal Notice to Caasy Must Be in Writing

Communications made through email or Caasy Support's messaging system will not constitute legal notice to Caasy or any of its officers, employees, agents or representatives in any situation where notice to Caasy is required by contract or any law or regulation. Legal notice to Caasy must be in writing and served on Caasy's legal agent.

3. No Phone Support

Caasy only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

I. Disclaimer of Warranties

Caasy provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

Caasy does not warrant that the Service will meet your requirements or that they are compatible with your operating system; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses, other harmful components or that any Caasy scripts will not cause your servers or website to crash. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, scripts, information, content or other material obtained from the Service.

J. Limitation of Liability

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

your use or inability to use the Service;

any modification, price change, suspension or discontinuance of the Service;

the Service generally or the software or systems that make the Service available;

unauthorized access to or alterations of your transmissions or data;

any other user interactions that you input or receive through your use of the Service; or

any other matter relating to the Service.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

K. Release and Indemnification

You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that Caasy (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Caasy of all liability); and (3) provides to you all reasonable assistance, at your expense.

L. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Service, and the Privacy Policy, at any time and will update these Terms of Service and Privacy Policy, respectively, in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. It is your responsibility to check this page periodically for changes. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

M. Miscellaneous

1. Governing Law

Except for to the extent otherwise determined by applicable law, this Agreement between you and Caasy, and any access to, or use of, the Website or the Service, are governed by the laws of Monaco, without regard to conflict of law provisions. You and Caasy agree to submit to the exclusive jurisdiction and venue of the courts located in Monaco.

2. Non-Assignability

Caasy may assign or delegate these Terms of Service and/or the Caasy Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Caasy to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of Caasy, or by the posting by Caasy of a revised version in accordance with Section L. Changes to these Terms. These Terms of Service, together with the Caasy Privacy Policy, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and Caasy relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

6. Questions

Questions about the Terms of Service? Contact us.