Effective May 23, 2024

These Terms of Service (the “Terms”), in conjunction with our Privacy Policy and Data Processing Agreement incorporated herein by this reference (the “DPA”), constitute a legally binding contract between you (“you”, the “User” or the “Tenant”) and TypedCMS Ltd. (the “Company”, “us”, “we”, or “our”) regarding your use of our Software as a Service platform (“SuperTradeIn.App”) and other services available through our website, supertradein.app (the “Website”), (collectively, the “Service”).

By checking a box or clicking a button to that effect, or by using this Service, you are indicating your acceptance of these Terms, and you acknowledge that you have read and agree to the Terms.

By accepting the Terms you agree to be bound by, and comply with, the Terms, Privacy Policy and DPA. If you do not agree to the Terms, Privacy Policy or DPA, you must not continue using this Website or the Service.

By using this Website, you certify that you are of the legal age of majority as required by applicable law to enter into a binding agreement with us and fulfil all of the aforementioned eligibility criteria. If you do not meet all of these requirements, you must not access this Website or use the Service.

What is SuperTradeIn.App?

SuperTradeIn.App is Software as a Service platform (the “Platform”) providing a Content Management System and trade-in system delivered to each Tenant in the form of a website that is identified by domain name (collectively the “Tenant Domain”).

SuperTradeIn.App act as a mere conduit and host for all data transmitted or uploaded by the Tenant. The TypedCMS Ltd. shall take no responsibility for screening, reviewing, moderating or monitoring such data. The Tenant understands and agrees that the Company does not endorse, support or approve any user-generated content.

A Tenant Domain is separate and distinct from any other Tenant Domain hosted on the Platform. The Tenant is solely responsible for the operation of the Tenant Domain, ensuring that the Tenant Domain is compliant with all applicable legal and regulatory requirements, including without limitation all information stored, referenced or accessed by anybody via the Tenant Domain.

The Tenant understands and agrees that they are solely responsible for the actions and conduct of any user of the Tenant Domain (the “end-user”, or the “Customer”). End-users are expected to behave in accordance with these Terms and the Tenant must make all reasonable efforts to ensure that their end-user’s understand the expectations placed upon them. Misuse by end-users may be grounds for termination.

Any interaction between the Tenant and the Customer, including but not limited to, agreements, arrangements, communication or transactions, is the sole responsibility of the Tenant and the Customer. The Company shall not be responsible for any disputes, damages, or losses arising from such interactions. We expect all Tenants and Customers to conduct themselves respectfully and professionally during their interactions.

Subscriptions

The service is paid on a subscription (the “Subscription”) basis, all charges can be found by visiting supertradein.app/#pricing (the “Fees”). These fees may be updated from time to time and are payable in British Pounds Sterling (“GBP”).

All fees are billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of subscription plan (the “Plan”) you select at the time of purchase (the time of “Activation”). You may cancel the Subscription at any time by deactivating the auto-renewal function of the Service. No refunds will be issued for partial Subscription periods, and all fees paid are non-refundable.

A valid payment method is required to keep your Service active. This payment method will be used to process the payment of Fees applicable to your selected Subscription Plan. You must provide, through the Service, accurate and up-to-date billing information, including your name, postal address, email address, and payment method information. You are responsible for ensuring the continued accuracy of this information.

You authorise us to charge your configured payment method for the agreed Fees as specified on the pricing page and at the time of Activation in accordance with the applicable Billing Cycle.

You are wholly responsible for payment of applicable Fees on a timely basis. Failure to meet payment commitments may result in the termination of your account and the Service.

Custom Designs

Custom designs are undertaken by a partner agency (“Partner Agency”) selected by the Company and are redeemable after the first year, or right away if paying annually.

Your free custom design is limited to 4 hours for Standard plans, or 7 hours for Premium plans. Additional hours for customisation beyond that may be requested of the Partner Agency at additional cost. Any additional hours will be billed out at the Partner Agencies standard rates.

All Partner Agencies work within a development and communications framework provided by the Company. Whilst we don’t publish a list of Partner Agencies, we are happy to discuss your specific needs at the time of design redemption.

Changes to Fees

We may change the Fees at any time, at our sole discretion. We will notify you of any proposed changes to the Fees at least 28 days prior, allowing you to cancel your Subscription before the changes take effect. By continuing to use the Service after any Fee adjustment, you make a binding agreement to pay the modified Fees thereafter.

Refunds

Any Subscription Fees paid to us for a Service undertaken are non-refundable, unless required by law.

Accounts

When you create an account with us you must provide accurate, up-to-date and complete information at all times. Failure to do so, will be considered a breach of our Terms, and may result in termination of your account.

You are responsible for safeguarding the password you use to access the Service. Any action you take that jeopardises the safety and security of your account, password or personal information, that results in your account being compromised, may result in termination of the Service.

You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Acceptable Use & Conduct

To maintain a safe, secure, and reliable environment for all Users of the Service, you are required to maintain a high standard of conduct and operate within the bounds of acceptable use. Failure to meet these requirements may result in suspension, termination, or legal action.

The Service must not be used for the purpose of file hosting. Users are not permitted to store, distribute, or share large files for personal or commercial purposes. The Service is designed to host and support websites and online applications, not as a storage solution for large amounts of data.

The Service must not be used for chat or real-time communication. Users are not permitted to engage in chatting, instant messaging, or any other form of real-time communication through the Service.

Users must not abuse the Service with inappropriate or unduly large amounts of content. This includes, but is not limited to, spamming, misleading content, or any other form of content that is intended to manipulate or deceive others.

Any usage of the Service that exceeds normal patterns and impacts the performance or availability of the Service may be subject to additional charges. Users are responsible for ensuring their usage does not exceed normal patterns. The sole determination of normal usage patterns will be determined by the Company.

The display of pornographic material is strictly prohibited. Pornographic material is defined as any content that is intended to sexually arouse or stimulate viewers. This includes, but is not limited to, images, videos, audio, and text.

Users must not engage in any form of targeted abuse, particularly towards individuals or groups with protected characteristics. Protected characteristics include, but are not limited to race, ethnicity, religion, gender, sexual orientation, and disability. Any form of discriminatory or harassing behaviour will not be tolerated and may result in immediate suspension or termination of services.

Intellectual Property

The Company claims no intellectual property rights over the data you provide to the Service.

All intellectual property developed by or used by the Company in connection with the Service, including but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, belongs to the Company or their respective owners.

You acknowledge and agree that the Company owns all rights, title or interest in the Service, including but not limited to, copyright, trademark, patent, trade secret, and any other proprietary rights. You agree that you will not copy, reproduce, reverse engineer or clone the Service or create derivative works from the Service.

Users are not permitted to copy or download any part of the Service, or materials owned by the Company, for any purpose without express written consent.

Suspension & Termination

We may terminate or suspend your account immediately, for any reason whatsoever, without prior notice, consent or liability, whether you breach the Terms, or otherwise. Upon termination by us, your right to use the Services will immediately and permanently cease.

If you would like to terminate your account, please email teminations@typedcms.com and provide your account termination secret. Your secret code will be visible from the ‘My Account’ section for Service owners. We typically process termination requests within a couple of hours. Once your account has been terminated, it will no longer be accessible and all data associated with it will have been removed from the Service. We may retain any personal data, in-line with our Privacy Policy, that we require for various purposes. Once your account has been deleted it cannot be recovered.

When payment of Subscription Fees is overdue, or no Subscription is active, for more than 60 days we may suspend your account. After which you will be given 14 days to make payment or reactivate your Subscription before your account is terminated.

Limitation of Liability

The use of our Service is at your own risk and you understand and agree that we will not be responsible for any damages, including but not limited to, direct, indirect, special, incidental, consequential, or punitive damages, including but no limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, arising out of your use of the Service, even if we have been advised of the possibility of such damages, or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the website, its content, any services or items found or attained through the website, any information you intentionally or inadvertently provide us, any linked websites or other such third-party websites, nor any website content, materials, posting, or information thereon even we have been advised of the possibility of such damages, or had reason to know.

We do not guarantee uninterrupted or error-free operation of the Service and shall not be liable for any interruptions, delays, or errors caused by your use of the Service or any third-party actions.

You understand and acknowledge that we rely on third-party service providers for the provision of the Service, and as such, we shall not be liable for any damages arising from the actions or omissions of such third-parties.

You agree to indemnify, defend, and hold us harmless from any claims, losses, damages, liabilities, and expenses, including but not limited to, legal fees, arising out of your use of the Service or any violation of the Terms. This limitation of liability is an essential part of our contract and the use of the Service is not permitted without it.

Warranty

Our Service is provided ‘as is’ and ‘as available’ without any representations or warranties, express or implied, including but not limited to, the warranty of merchantability, the implied warranty of fitness for a particular purpose and the warranty of non-infringement. We make no representations or warranties in relation to the performance, suitability, reliability, availability, timeliness, accuracy or completeness of the Service.

We do not warrant or ensure continuous, error-free, secure or virus-free operation of the Service. You understand and agree that you will not be entitled to make any claim of failure to provide the forgoing by the Company, irrespective of fault. We also do not guarantee that the Services will meet your specific requirements or is fit for purpose. You use the Service at your own risk.

Indemnification

To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) that may arise as a result of your violation of these Terms or your use of the Services or Website. This includes, but is not limited to, any use of the Website's content, services, and products without explicit permission as outlined in these Terms.

Severability

If any provision, or part of a provision, of these Terms is invalid, unlawful, or unenforceable in any jurisdiction, that provision or part of a provision is deemed severable from these Terms and will not affect validity, lawfulness or enforceability of these any remaining provisions.

Changes

We reserve the right, at our sole discretion, to modify, or otherwise revise, or update these Terms at any time, such modifications are effective immediately and apply to all access to and continued use of the Service. You agree to periodically review the Terms in order to be aware of any modifications and your continued use is your acceptance of these Terms.

Any information or material published on this or another website may be changed, withdrawn, or removed at any time, at our sole discretion, without notice. We will not be liable if any or all of the aforementioned is restricted to users or unavailable at any time or for any period.