Terms of Service

1. Acceptance of Terms

By accessing or using CellCMS ("the Service"), operated by CellCMS ("we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

CellCMS is a headless content management system that provides content modeling, a visual content editor, GROQ-compatible query APIs, asset management, and real-time collaboration features. The Service is available as a managed cloud platform with tiered subscription plans. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. User Accounts

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding the credentials used to access the Service and for any activity that occurs under your account. You must notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with reasonable prior notice.

4. Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, national, or international law or regulation.
• Upload, transmit, or distribute content that is unlawful, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Use the Service to distribute malware, spam, or other harmful content.
• Resell, sublicense, or redistribute access to the Service without our prior written consent.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this provision, including removing content and terminating accounts.

5. Intellectual Property

The Service, including its original code, features, functionality, and design, is and shall remain the property of CellCMS and its licensors. The CellCMS name, logo, and branding are trademarks of CellCMS and may not be used without our written permission. You retain all ownership rights to the content you create and manage through the Service.

6. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described therein. You are responsible for ensuring that any personal data you store in the Service is collected and processed in compliance with applicable data protection laws.

7. Payment Terms

Certain features of the Service require a paid subscription. By subscribing to a paid plan, you agree to pay the applicable fees as described on our Pricing page. All fees are billed in US Dollars on a monthly recurring basis and are non-refundable except as required by law. Payment is processed securely through Stripe. You authorize us to charge your designated payment method for all applicable fees. If a payment fails, we may suspend your access to paid features until the outstanding balance is resolved. We reserve the right to change our prices with at least 30 days' advance notice.

8. Limitation of Liability

To the maximum extent permitted by applicable law, CellCMS and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of or inability to use the Service. Our total aggregate liability for any claims arising under these Terms shall not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred US dollars ($100). This limitation applies regardless of the theory of liability, whether based on warranty, contract, tort, or any other legal theory.

9. Termination

You may terminate your account at any time by contacting us or through your account settings. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. We will make your data available for export for a period of 30 days following termination. After that period, we may delete your data in accordance with our data retention policies. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in the Netherlands. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

11. Changes to Terms

We reserve the right to update or modify these Terms at any time. If we make material changes, we will notify you by posting the updated Terms on this page and updating the "Last updated" date above. We may also send you a notification via email or through the Service. Your continued use of the Service after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.

12. Contact

If you have any questions about these Terms, please contact us at our support page or email us at legal@cellcms.com.