This User Agreement (Agreement) is entered into by and between GanttPRO (GanttPRO) and any individual or entity (Customer) prior to Customer’s use of the Subscription Service. This Agreement governs the use of the Subscription Service and any other products or services received from GanttPRO by Customer, whether on a free or paid basis (collectively, the Services).
1. Subscription Service
Subject to this Agreement, and in consideration of the fees, GanttPRO will make the Subscription Service available to Customer throughout the Term. GanttPRO hereby grants Customer a limited, personal, non-exclusive, non-transferable license to access and use the Subscription Service during the Term of User Agreement for Customer’s internal business purposes, pursuant to the terms and conditions of this Agreement.
2.1. GanttPRO’s provision of the Subscription Service is conditioned on Customer’s acknowledgement and agreement to the following:
a. Certain types of information included in the Customer Content (pictures and other images, document or data files, information relating to natural and other persons, messages, email and other communications, files, texts, opinions, feedback, suggestions, ideas, personalization settings and other information related to charts) may be subject to specific laws (e.g., laws regarding personally identifiable information, payment card information, etc.). Customer, not GanttPRO, is responsible for compliance with any such laws.
b. All Customer Content stored utilizing the Subscription Service is maintained in encrypted form and GanttPRO does not access Customer Content except: (i) as requested by Customer to enable the provision of customer support; and (ii) as necessary for GanttPRO to (1) maintain and monitor performance of the product, or (2) comply with applicable law or legal proceedings, or (3) investigate, prevent or act against suspected abuse, fraud or violation of this Agreement. For the avoidance of doubt, GanttPRO will treat as confidential any Customer Content accessed pursuant to this section.
3.1. The Subscription Service is designed to facilitate collaboration and sharing of Customer Content among Customers and, if elected by Customers, with third parties. GanttPRO will not be responsible for any distribution, publication, display, or other disclosure of Customer Content or Account Information by Customers via the Subscription Service.
3.3. Service Providers. GanttPRO may allow service providers who act on GanttPRO’s behalf to process Customer Content and Account Information in connection with GanttPRO’s provision of the Subscription Service, provided that: (a) such service providers are subject to confidentiality obligations that are substantially as protective of the Customer Content and Account Information as those set forth in this Agreement; and (b) GanttPRO will be responsible for any breach of this Agreement by such service providers.
3.4. Security. GanttPRO will provide and maintain commercially reasonable information security policies and safeguards, which include technical and organizational measures, designed to preserve the security, integrity, and confidentiality of the Customer Content and to protect it against unauthorized access and information security threats.
3.5. Ownership. As between the parties, Customer retains all right, title, and interest in and to all Customer Content. Customer represents and warrants that it has all rights, permissions, and consents necessary: (a) to submit all Customer Content to the Subscription Service; (b) to grant GanttPRO the limited rights to process Customer Content as set forth in this Agreement; and (c) for any transfer or disclosure of Customer Content among or by Customers.
4. Third-Party Applications
Third-party applications and web services may be available to Customer for use with the Subscription Service. These applications and services are provided by third parties and are not part of the Subscription Service, except where otherwise specified. Third-party applications and services are subject to any end user license agreements that accompany them, and GanttPRO has no liability whatsoever with respect to any third-party applications and services.
5.1. Customer agrees to promptly notify GanttPRO of any changes to its billing information. If Customer uses a credit card to make payment hereunder, Customer authorizes GanttPRO to charge such credit card on a recurring basis for all applicable fees and taxes. Note, that at own discretion GanttPRO may change pricing plans and billings. Meanwhile, GanttPRO is not obliged to notify Customer about changes in them.
5.2. Refunds. GanttPRO provides a 7-day money-back guarantee. However, no refunds (prorated or otherwise) are provided upon cancellation after that period of time. No refunds are provided to all plans where discounts were applied either. In the interest of fairness to all of GanttPRO’s customers, no exceptions will be made.
5.3. Free Access. If Customer is provided with access to Service at no charge, Customer acknowledges that the version available to Customer may not include or allow access to all features and functionality available to paid subscribers. Users who signed up for the free GanttPRO accounts until September 23, 2015, are considered early adopters and receive the right to use the GanttPRO service and all the upcoming features for both commercial and personal needs for free without any limitations or ads.
6. Confidential Information
6.1. «Confidential Information» means all non-public, proprietary business, technical, legal, or financial information disclosed to or learned by Customer in connection with the business relationship between the parties which GanttPRO has identified as confidential at the time of disclosure or that, based on the nature of the information or circumstances surrounding disclosure, Customer should treat as confidential. Confidential Information does not include: (a) information that was generally known to the public at the time disclosed to Customer; (b) information that becomes generally known to the public after disclosure to Customer; (c) information that was in Customer’s possession free of any obligation of confidentiality prior to disclosure by GanttPRO; (d) information that is rightfully received by Customer from a third party without any restriction on disclosure; or (e) information that was independently developed by Customer without reference to or use of GanttPRO Confidential Information.
6.2. Use and Disclosure of Confidential Information. Customer: (a) will not use Confidential Information for any purpose except in connection with this Agreement; (b) will not disclose, give access to, or distribute any of the Confidential Information to any third party, except to the extent expressly authorized in a separate written agreement signed by GanttPRO; and (c) will take reasonable security precautions (which will be at least as protective as the precautions Customer takes to preserve its own confidential information of a similar nature) to keep the Confidential Information confidential. Notwithstanding the foregoing, Customer may disclose the Confidential Information to those of its employees, directors, affiliates, advisors, agents, contractors, and other representatives (Representatives) who need to know such information, provided that each such Representative is bound to protect the Confidential Information by confidentiality obligations substantially as protective as this Agreement. Customer will be responsible for its Representatives’ disclosure or use of the Confidential Information in violation of this Section 6. Customer will promptly notify GanttPRO upon discovery of any unauthorized disclosure or use of the Confidential Information, or any other breach of this Section 6, by Customer or its Representatives.
6.3. Intellectual Property. GanttPRO retains all rights, title, and interest in and to the Confidential Information, including all intellectual property and proprietary rights therein. The disclosure of the Confidential Information to Customer does not grant or convey any right of ownership of such Confidential Information.
7.1. Authority Warranty. Customer represents and warrants that Customer has the necessary authority to enter into this Agreement on behalf of themselves or the entity they are representing, as applicable. If Customer is accepting this Agreement in connection with Customer's use of the Services on behalf of any entity, Customer acknowledges and agrees that this Agreement will be enforceable against such entity.
7.2. Limited Warranty for Subscription Service. If Customer has paid fees under this Agreement for the Subscription Service, GanttPRO represents and warrants that the Subscription Service will operate substantially as described in the online product descriptions written or created by GanttPRO and it is available to Customers.
General Contact Information
If you have any questions regarding this User Agreement, you may contact us at firstname.lastname@example.org.
Last updated: October 31, 2017