Terms of Service
Effective Date: 23 January 2025
Our Terms of Service are explained by this page. The page contains important information about your legal rights. You are agreeing to these terms when you use the AceNerds website or services.
Introduction
First of all, we are truly passionate about supporting your digital content creation endeavours. However, our products and media cannot guarantee your success. We further do not provide investment, tax or other professional advice. Specific examples are mentioned for informational purposes only. Our educational material on our website and on our social media channels are for informational purposes only. They do not entail any guarantee to you. Guarantees are only valid if explicitly stated in a mutually signed contractual agreement.
The Terms
These Terms of Service ("Terms") cover your use of and access to our sites, services, products, applications, tools, social media content, educational materials and features (collectively, the "Services") provided by Acenerds (as defined below), including without limitation during free trials, on the websites and associated domains www.acenerds.com, www.acenerds.net, www.acenerds.co.uk or www.samiraroudj.com and in all other AceNerds applications or software.
Please read this Agreement (as defined below) carefully! IT INCLUDES IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS. IT COVERS AREAS SUCH AS WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, THE RESOLUTION OF DISPUTES BY ARBITRATION AND A CLASS ACTION WAIVER AND AUTOMATIC SUBSCRIPTION RENEWALS. Please note if you are Consumer from the EU (as outlined below), some of these provisions may not apply to you. In this case you may be entitled to specific rights under the mandatory EU laws or laws of the specific country in which you reside.
By using or accessing the Services, you're agreeing to these Terms. You are agreeing to this Agreement on behalf of an organisation if you are using the Services for or on behalf of an organisation. You then must represent that organisation and you must warrant that you can do so. Any references to “you,” “your” and similar terms are construed accordingly in this Agreement. If you do not agree to all the terms in this Agreement, you may not access or use the Services.
You are agreeing to this Agreement with AceNerds Limited. References to “AceNerds,” “us,” “we” and “our” mean AceNerds Limited.
We have tried to make this Agreement clear, transparent, concise and fair. If you have any questions or suggestion, feel free to contact us.
1) Warranty Disclaimers
Our team at AceNerds is determined to support you and help you on your digital content creation mission. However, the services are provided as is, without warranties.
1.1) Disclaimers. To the fullest extent permitted by applicable law, AceNerds makes no warranties, either express or implied, about the Services. The Services are provided “as is” and “as available.” AceNerds also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from AceNerds, shall create any warranty. AceNerds makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.
1.2) Exceptions. Under certain circumstances, some jurisdictions don't permit the disclaimers in Section 1), so they may not apply to you. However, the disclaimers apply to the fullest extent permitted by applicable law. You may have other statutory rights and nothing in this Agreement affects your statutory rights or rights under mandatory laws. The duration of statutorily required warranties, if any, shall be limited to the fullest extent permitted by applicable law.
2) Limitation of Liability
Our liability is capped, if something bad happens as a result of you using AceNerds’ services.
Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will AceNerds and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorised access or, unauthorised alteration of, any content, information or data, including without limitation User Content and Your eCommerce data; (e) any User Content or other conduct or content of any user, End User or other third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services. If you are an EU Consumer, we shall, despite any other provision in this Agreement, provide the Services with reasonable care but will not be liable for any losses which were not a reasonably foreseeable consequence of our breach of this Agreement (except in relation to death or personal injury resulting from our negligence or fraud). These limitations apply to any theory of liability, whether based on warranty, contract, tort, negligence, strict liability or any other legal theory, whether or not AceNerds has been informed of the possibility of such damage, and even if a remedy set forth in this Agreement is found to have failed its essential purpose. To the fullest extent permitted by applicable law (whether or not you are an EU Consumer), in no event shall the aggregate liability of AceNerds for all claims arising out of or related to the Services and this Agreement exceed the greater of twenty US dollars ($20) or the amounts paid by you to AceNerds in the twelve (12) months immediately preceding the event that gave rise to such claim.
If you are an EU Consumer, AceNerds is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors or other vicarious agents. An “EU Consumer” means a natural person acting for purposes outside their trade, business, craft or profession (as opposed to a User for business or commercial purposes) habitually residing in the European Economic Area or the United Kingdom.
3) Term And Termination
This Agreement will remain in effect until terminated by either you or us. You may terminate this Agreement at any time via the Services. We reserve the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of part or all of the Services if you violate these Terms or our Acceptable Use Policy. We will make sure to provide you reasonable notice upon suspending or terminating part or all of the Services. All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Warranty Disclaimers, Limitation of Liability, Our Intellectual Property, Indemnification, Dispute Resolution and Additional Terms.
4) Terms of Service Updates and Effective Date
We may modify the Terms of Service to ensure best Services and User experience. The “Effective Date” line at the beginning of this page tells you the last time we changed the Terms of Service and from which day the new version is effective. Please visit this page regularly to be familiar with our Terms of Service and avoid any issues. Please also see our Acceptable Use Policy and Privacy Policy for more information regarding use of our Services.
