Terms of Service for Celiveo SaaS Services, rev 21-9
We, at Celiveo are on a mission to make Documents management easier, safer and possible wherever your work. We hope you love our products and services — from print jobs encryption over the network to user authentication on printers and high security SaaS pull print as a plugin to Microsoft 365.
These Terms of Service (“Terms”) describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions.
Terms of Service
These Terms govern your access to and use of the products and services we provide through the Celiveo.me mobile extension and Celiveo 365 SaaS secure printing (collectively, “Services”).
These Terms also govern visitors’ access to and use of any websites that present our products and Services, like the celiveo.com, support.celiveo.com or portal.celiveo.com websites.
For some of Celiveo other products, services, and programs, such as the Celiveo Silver Partner program and the Celiveo Gold Partner program, additional or separate terms may apply.
Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.
- Who’s Who
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
- Celiveo Pte Ltd, 1 Goldhill Plaza #03-39, Singapore 308899
We refer to Celiveo as “Celiveo” or “we” throughout these Terms.
- Your Account
We may limit your access to our Services until we’re able to verify your account information, like your email address.
When you create an account on any of our web sites and Services, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.
You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
- Minimum Age Requirements
Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
- Responsibility of Visitors and Users
We can’t review any of the documents made available through our Services from your accounts (“Content”). We’re not responsible for any use or effects of Content.
So, for example:
- We don’t have any control over Content.
- We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You’re fully responsible for the Content and any harm resulting from that Content. It’s your responsibility to ensure that your Content abides by applicable laws and by the Agreement.
- We aren’t responsible for any harm resulting from anyone’s access, use of Content or our Services. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
Please note that additional third-party terms and conditions may apply to Services you use.
- Fees, Payment, and Renewal
- Celiveo Fees
Fees for Paid Services. Some of our Services are offered for a fee, Celiveo.me, Celiveo 365 Business Edition or Celiveo 365 Enterprise Edition (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or usage-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team. For usage-based fees you pay us based on your actual usage of our Services for the past month or quarter, as applicable based on the contract.
Taxes. To the extent permitted by law, or unless explicitly stated otherwise during the ordering process, all prices do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so in example, if you purchase a one-year subscription to a Celiveo 365 Business Edition plan, you’ll be charged each year for access for another 12-month period with similar subscription parameters. We may charge your account up to two weeks before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.
You can view your renewal date(s) and manage subscriptions for Celiveo Paid Services by visiting the license page in your Celiveo Web Admin portal. For more information about how Celiveo Services subscriptions work, please see our support pages on support.celiveo.com.
You’ll need to check your email (including in spam or other filters) for any reminder emails we might send you before your Paid Services renew, they are from @celiveo.com, @celiveo.cloud or @celiveo.me.
Amending the Service details or cancelling Automatic Renewal. You can manage and cancel your Paid Services on the Celiveo Web Admin portal, click on the plan you want to amend (i.e. adding extra users) or cancel then follow the instructions to change the number of users, cancel the subscription or turn off auto-renew.
If auto-renew is successfully turned off, you’ll see the date on which your subscription expires. If you have multiple Paid Services to cancel, repeat this process for each subscription.
Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees, with a 90 days notice. If you don’t agree with the changes, you must cancel your Paid Service.
Refunds. There are no refunds and all payments are final.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.
- General Representation and Warranty
Our mission is to make documents management a better and safer place, and our Services are designed to give you control and ownership over your documents. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside);
- Will not be for any unlawful purposes ;
- Will not infringe or misappropriate the intellectual property rights of Celiveo or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
- Specific Service Terms
Datacenters. Celiveo uses Microsoft datacenters for its SaaS Services, in multiple regions to comply with main Privacy regulations such as EU GDPR. The datacenter location can be selected during the subscription of the Services from a list of available locations.
It is your exclusive responsibility to select among the Datacenters proposed for Celiveo Services, the location that meets your legal and strategic requirements. Should none of the proposed Datacenter location meet your requirement, please contact Celiveo through the web portal celiveo.com with more information so that we investigate how we can improve the coverage in the future.
Encryption. Documents transmitted by Celiveo benefit from a dual encryption using dynamic and dual factor keys then using TLS 1.2 or 1.3. Celiveo does not keep the encryption keys for your documents it encrypts.
Zero Trust Access and Certificates. All communication and Services are protected by a Certificate forest built for your account. Each certificate is unique for each node used by the Service, even those present in your company and Celiveo does not have the private keys for those certificates.
Performances. All the Services communication to the Cloud goes through the Public Internet and directly relies on the quality of your link to Internet, the speed between your Internet access point and the selected Microsoft Azure Datacenter and the size of your documents. Celiveo therefore declines any liability regarding any performance issue, real or not, reported during the usage of the Services.
Integration with your Microsoft 365 account. By subscribing to the Services, you authorize us to interface those Services, in read only mode, to your Microsoft 365 account for the following purposes:
- Authenticate the end-users of your company, read their profile in Azure Active Directory to grant them access to the Service
- Collect print jobs sent by those users through Microsoft 365 to list, encrypt and store them pending their release on a printer.
- Install a software module on the Internet browser of print administrators to allow them to discover corporate printers on the network and deploy Celiveo on them.
Confidentiality, GDPR. Celiveo does not keep any personal information about users on its system databases besides those needed for technical contacts and for billing matters. User information is replaced by a hash of that information in system logs to ensure there is no possible information leak. The only information kept about users is related to billing, to document the Service usage charge. You can opt-in to anonymize that information on the Celiveo Web Admin portal, then you waive your right to request from Celiveo the detailed information on the users of your account who are using or have been using Celiveo Services.
- Intellectual Property
The Agreement doesn’t transfer any Celiveo or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Celiveo and you) solely with Celiveo. Celiveo, Jetmobile, SecureJet and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Celiveo (or Celiveo’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Celiveo or third-party trademarks.
- Third-Party Services and Products
While using the Services, you may enable, use, or purchase services, products, software, hardware, drivers or applications developed by a third party or yourself (“Third-Party Services”) in Microsoft Windows, MacOS, Android, iOS, Linux, Microsoft 365 or in Microsoft Azure or any other Cloud.
If you use any such Third-Party Services in conjunction with Celiveo Services, you understand that:
- Third-Party Services aren’t vetted, endorsed, or controlled by Celiveo.
- Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
We may update, change, or discontinue any aspect of our Services at any time with a 90 days prior notice. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Celiveo, or if Celiveo posts a revised version. We’ll let you know when there are changes, by sending send you an email to your billing contact 90 days before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a prorated refund.
We may terminate your access to all or any part of our Services at any time, with or without notice, effective immediately if you have unpaid Service subscription invoices. We will have no obligation to provide a refund of any fees previously paid.
You can cancel at any time the automatic renewal of your Service subscription, subject to the Fees, Payment, and Renewal section of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CELIVEO, ITS LICENSORS AND DISTRIBUTORS (COLLECTIVELY REFERRED TO AS “CELIVEO” FOR THE REST OF THIS SECTION 13) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
CELIVEO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED in the SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF
THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICE WILL CONTINUE TO BE MADE AVAILABLE, THAT ALL DEFECTS IN THE SERVICES WILL BE CORRECTED, OR THAT THE SERVICE WILL BE COMPATIBLE OR WORK WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR THIRD-PARTY SERVICES.
YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED FOR CONSUMERS AND ONLY INTENDED FOR CORPORATIONS, COMPANIES, NON-PROFIT AND PUBLIC SERVICES, AND THAT CONSUMER PROTECTION RIGHT DOES NOT APPLY TO THEIR SUBSCRIPTION.
YOU FURTHER ACKNOWLEDGE THAT THE SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CELIVEO OR A CELIVEO AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO THE EXCEPTION OF FIX IN THE SERVICES.
Limitation of Liability: TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CELIVEO, ITS AFFILIATES, AGENTS, OR PRINCIPALS BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES OR ANY THIRD PARTY SOFTWARE, APPLICATIONS OR SERVICES IN CONJUNCTION WITH THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CELIVEO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall CELIVEO total liability to you for all damages exceed the amount of fifty AMERICAN dollars (US$50.00).
- Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Singapore. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the courts of Singapore.
- Limitation of Liability
In no event will Celiveo, or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or Services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50. Celiveo shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- US Economic Sanctions
You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will prevail.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Celiveo and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Celiveo may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.