Terms of Service
These terms of service (the “Terms of Service”) are a legally binding agreement between BLENDAPP SOFTWARE LIMITED (“BLENDAPP” or “we”, “our”, “us”), a company registered in the Republic of Cyprus, with registration number HE372696 and having its registered office at 8 Michalaki Karaoli, 1095 Nicosia, Cyprus and the person or entity, employer, manager, employee, independent contractor or associate, agreeing to the terms herein (“you” or “user”).
The Terms of Service will be effective as of the date you click the “I Accept” button as part of the registration process. If you are accepting on behalf of your employer or another entity, you represent and warrant that: (i) you have full legal authority to bind your employer or such entity to these Terms of Service; (ii) you have read and understand the terms and conditions of these Terms of Service; and (iii) you agree, on behalf of the party that you represent, to these Terms of Service
We may amend these Terms of Service from time to time without providing any notification. You are responsible for regularly monitoring these Terms of Service for any updates.
We offer a service to entities and individuals as follows:
- A person accesses our website as an employer or manager or behalf of an entity and creates a user profile for the said employer / manager / entity;
- The employees and other independent contractors or associates of the entity are invited to download, access and use our application;
- The application allows the users to create a user profile by completing a registration form and provides scheduling and other services to the users (“online services”);
- Each user is required to register by completing the registration form in order to enjoy the full functionality of our online services. The user agrees to provide accurate information in the registration form.
- You understand that we may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the online services.
You may only use the online services in accordance with our Terms of Service and subject to all laws and regulations of the Republic of Cyprus. You agree that you shall not:
- use the online services for any illegal or unauthorized purpose;
- share your log in information (username and password);
- share a single login with multiple people;
- re-sell any products or services or online services;
- use the online services for any commercial or competitive activity or purpose unless you have our written permission;
- access, monitor or copy any content or information of the online services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on our online services or bypass or circumvent other measures employed to prevent or limit access to the online services;
- take any action that imposes, or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure;
- upload, post, host or transmit unsolicited email, SMS messages or “spam” messages;
- transmit any worms or viruses or any code of a destructive nature;
- deep-link to any portion of the online services for any purpose without our express written permission;
- "frame", "mirror" or otherwise incorporate any part of our online services into any other website or application without our prior written authorization; or
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the online services.
Cancellation and Termination
Payment is safely processed from your credit/ debit card or bank account or through PayPal. In the event of credit card fraud or unauthorized use of your credit card by a third party, we will not have any liability to you or others. You are responsible for maintaining the confidentiality of your access information (such as your username, password or any other personal identification number). If you choose to permit any other person to access the online services on your behalf by providing your access information, you accept full responsibility for the acts or omissions of that person when accessing the online services on your behalf whether such access was authorized by you or not. If you have any reason to believe that your access to the online services is no longer secure, you must change your access information immediately.
Except where specifically stated otherwise, we are the owners or the licensee of all trade marks, copyright, database rights, patents, and other registered and unregistered intellectual property rights in our online services, and in the material published in it including but not limited to the text, images graphics, sound files, animation files, video files, information, appearance, organization, layout, software, and their arrangement on our online services. All such rights are reserved. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions. Our status (and that of any identified contributors) as the authors of content on our online services must always be acknowledged. You must not use any part of the content on our online services for any commercial purposes without obtaining a licence to do so from us or our licensors. Nothing contained in our online services should be construed as conferring any licence or right under any intellectual property (including patents, trademarks and copyright) of BLENDAPP or any third party.
BLENDAPP claims no ownership in, nor any affiliation with, any third-party trademarks appearing on the online services. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of BLENDAPP should be inferred from the use of these marks. If you breach any of these Terms of Service, your right to use our online services may cease and you must, at our option, return or destroy any copies of the materials you have made.
Communications and content from other users
We are under no obligation to review content or information that may be uploaded, posted or transmitted in any way in the course of using the online services. BLENDAPP takes no responsibility and assumes no liability for any content sent, posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is BLENDAPP liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. BLENDAPP is not liable for any statements, representations or content provided by its users.
Limitation of liability
Please read this section carefully. This section limits our liability to you for issues that may arise in connection with your use of our online services. Nothing in these Terms of Service excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the laws of the Republic of Cyprus. If we are found liable for any loss or damage that arises out of or is in any way connected with your use of the online services, then our liability will in no event exceed, the sum of €100.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our online services or any content on it, whether express or implied.
We do not represent or warrant that (a) the use of the online services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the online service will meet customer requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the online services will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the service or the server(s) that make the online services available are free of viruses or other harmful components. The online services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by BLENDAPP.
In order to use the online services, you need to use your correct information. We are not responsible or liable and have no obligation to verify any wrong or misspelled or inaccurate information and we will not be liable for any damages arising out of, or in connection with the provision of incorrect information. In no event shall we, nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate (distribution) partners, licensees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the online services and its contents take any responsibility or accept liability for:
- Direct, indirect, punitive, incidental, special or consequential loss arising from or in any way connected with the use or inability to use of our online services including, but not limited to, your reliance upon the content displayed in our online services;
- Any inaccuracy, errors, incompleteness relating to any of the information available on our online services;
- Any computer viruses, information, software, linked sites, products, and services obtained through our online services; or otherwise arising out of the access to, display of or use of our online services;
- In contract, tort (including negligence), strict liability, breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with the use or inability to use our online services, use of or reliance on any content displayed on our online services;
- The acts, errors, omissions, representations, warranties, breaches or negligence or for any personal injuries, breaches, gross negligence, wilful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) death, property damage, or other losses or costs suffered, incurred or paid by you, by any service providers (including any of their employees, directors, officers, agents, representatives or affiliated companies) whose products or services are (directly or indirectly), made available, offered or promoted on or through our online services.
You agree to indemnify and defend BLENDAPP and its affiliates from any losses, claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of your breach of these Terms of Service including, but not limited to: any breach by persons acting on your behalf who access the online services by using your access information; your violation of any law or the rights of a third party; or your use of these online services.
Third party links
Processing of user personal data
It is acknowledged and agreed that in the event of processing of personal data by virtue of our online services, the employer / manager/ entity will be acting as a data controller and we will be processing personal data on their behalf as a data processor. This section seeks to ensure compliance in case of such processing of personal data as described above, with the applicable data protection laws of the Republic of Cyprus, including but not limited to the Processing of Personal Data (Protection of Individuals) Law 138(I) 2001, as amended, replaced or superseded from time to time, the EU General Data Protection Regulation 2016/679 (“GDPR”) and laws implementing or supplementing the GDPR (collectively referred to as “Data Protection Regulation”). For the purposes of this section, the terms “data controller”, “data subject”, “data processor” “personal data”, “processing”, “third countries” shall have the same meaning as the GDPR.
The subject matter of the processing will be the provision of the scheduling and other services provided by us. The duration of the processing will be for as long as we have a contractual relationship. The nature and purpose of processing will be the provision of the online services. The personal data we process on your behalf include general identification and contact information such as name, address, telephone number, email, profile photograph, credit card and payment information. The categories of data subjects will be the users of our online services.
We shall comply with the Data Protection Legislation during the processing of personal data.
We will implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of Data Protection Legislation and ensure the protection of rights of data subjects. In particular:
- We will process personal data only for the provision of our online services, including with regard to transfers of personal data to third countries, as required in Article 28 (3) (a) of the GDPR.
- We will ensure that the persons authorised to process personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
- Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, we will implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk, including any measures that may be deemed necessary pursuant to Article 32 of the GDPR.
- We will ensure that any third party processor appointed by us will have the same obligations as imposed under this section and applicable Data Protection Legislation. Where the third party processor fails to fulfil its data protection obligations, we will remain fully liable for the performance of the third party processor’s obligations.
- Where the third party processor fails to fulfil its obligations under the Data Protection Legislation, we will remain fully liable to the data controller, for the performance of the obligations.
- Taking into account the nature of the processing, we may assist the data controller insofar as this is possible, to respond to requests by data subjects exercising their rights under any Data Protection Legislation.
- We may process personal data outside the European Economic Area (EEA). The foregoing right is subject to such transfers being under the terms of the EU Commission’s Standard Contractual Clauses or similar approved mechanisms such as the EU-US Privacy Shield framework.
- We will notify the data controller without undue delay after becoming aware of a personal data breach or if we receive a request from a data subject under any Data Protection Legislation. Taking into account the nature of processing and the information available to us in certain cases we may assist the data controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR.
- We will delete or return all the personal data to the data controller after the end of the provision of our online services and will delete existing copies within a reasonable time frame unless we are required by law to store such personal data.
- We will make available to the data controller any necessary information to demonstrate compliance with the Data Protection Legislation, including, where this is deemed necessary, to audits and inspections.
If any of the Terms of Service including the limitation of liability is found to be illegal, invalid or unenforceable, then same will be severed from the Terms of Service which remain in full force and effect. The invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these Terms of Service.
The Terms of Service shall be governed by the laws of the Republic of Cyprus.
We may transfer our rights and obligations to another organization but this will not affect your rights or your obligations under these Terms of Service. You may only transfer your rights or your obligations under these Terms of Service to another person if we agree in writing. If we fail to insist that you perform any of your obligations under these Terms of Service or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean we will automatically waive any later default by you. Any rights not expressly granted are reserved.
To contact us please email [email protected]