Last Updated: July 12, 2016
These Verse Terms and Conditions (“Agreement”) are a legal agreement between you (“Customer” or “you”) and Verse (“Verse,” “we” or “us”).
(a) Customer will not take any action that (i) interferes or attempts to interfere with the proper working of the Verse Platform or disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Verse Platform, (ii) circumvents, disables, or interferes or attempts to circumvent, disable, or interfere with security-related features of the Verse Platform or features that prevent or restrict use, access to or copying of any data or enforce limitations on use of the Verse Platform or data or (iii) imposes or may impose, in Verse’s sole discretion, an unreasonable or disproportionately large load on the Verse Platform infrastructure.
(b) Customer acknowledges and agrees that the above Section 6.5(a) applies even where Customer has an “unlimited” Plan. Furthermore, if Customer’s Plan is unlimited, and Customer’s use of its Plan exceeds the use of similarly situated customers, Verse may offer to move Customer to a metered or “limited” plan. If Customer refuses to switch, Verse may place restrictions on Customer’s use of the Verse Platform until Customer’s use corresponds with that of similarly situated customers. If Customer’s Plan specifically sets out an amount of data transfer, Customer agrees not to exceed the amount provided in Customer’s selected Plan. If Customer does so exceed such limit, and Verse chooses not to limit Customer’s use of the Verse Platform, Customer’s data transfer over the contracted amount will be billed at Verse’s then-current standard rate.
(a) Monthly Plans. If you have elected a month-to-month Plan, this Agreement will automatically renew on a month-to-month basis until you cancel your month-to-month Plan by providing notice to Verse by sending an email to firstname.lastname@example.org. Cancelation will take effect at the end of the month after the month during which you provided the notice.
(b) Yearly Plans. If you have elected a yearly billed Plan, this Agreement will be effective for a calendar year commencing from the Effective Date, and will thereafter automatically renew for additional one year periods, unless you notify Verse at least thirty days prior to the end of the then current year that you do not wish to renew by sending an email to email@example.com.
(a) Each party will have the right to terminate this Agreement if the other party is in material breach of this Agreement and the breaching party fails to remedy such breach within 30 days of receipt of written notice of the breach (10 days with respect to a breach involving non-payment).
(b) Each party will have the right to terminate this Agreement immediately upon written notice in the event that the other party becomes insolvent, files for any form of bankruptcy or becomes the subject of any involuntary proceeding relating to insolvency, liquidation, receivership or composition for the benefit of creditors if such proceeding is not dismissed within 60 days of filing, makes any assignment for the benefit of creditors, has a receiver, administrative receiver or officer appointed over the whole or a substantial part of the assets, or ceases to conduct business (other than in connection with an assignment permitted under Section 11.1) or an equivalent act to any of the above occurs under the Laws of the jurisdiction of each party.
(c) Notwithstanding Section 7.2(a), Verse will have the right to terminate this Agreement immediately upon written notice to Customer if Customer violates the scope of or any restriction on the license set forth in this Agreement or Customer’s obligations with respect to Confidential Information. Customer will not have any termination rights except as expressly set forth in this Section 7 and shall remain liable for all Fees due with respect to the entire Term even if Customer decreases or ceases its use of the Verse Platform prior to expiration or termination of the Agreement.
(a) Upon termination or expiration of this Agreement for any reason, all licenses granted pursuant to this Agreement will automatically terminate, and Verse may immediately disable and discontinue Customer’s access to and use of the Verse Platform without additional notice to Customer. Customer will return to Verse all User Materials and other materials it has acquired pertaining to the Verse Platform and all Confidential Information. In addition, all Fees will become immediately due and payable. If Customer terminates the Agreement prior to the end of the then-current term, Verse will retain the balance of any Fees previously paid for such term.
(b) Sections 2, 3.2, 5.1-5.2 (with respect to payment obligations incurred during the Term), 7.3, 8.1-8.3, 9, 10.5-10.7, 11 and 12.1-12.7 of this Agreement (together with any other provisions of this Agreement that by their sense and context are intended to survive termination) will survive any expiration or termination of this Agreement.