This Agreement is a legal document which sets out your rights and obligations, and those of ControlD Inc, the owner of Control D, a company registered in the province of Ontario, Canada (“Control D”, “Company”, “Service”, “we”, “us” or “our”), in relation to the Control D website (the “Site”, “Website” or “Service”) and the services offered by Control D through it. All use of this Site and all associated services is subject to the following terms and conditions (Terms of Use). By accessing and browsing this Site and all related services, you agree to be bound by these Terms of Use.
Company alone shall own all right, title and interest, including all related intellectual property rights, in and to our technology, the content and the service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Control D. The company name, the company logo, and the product names associated with Control D are trademarks of company or third parties, and no right or license is granted to use them. The copying, redistribution, use or publication by you of any such matters or any part of the Control D is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through Control D. The posting of information or materials on Control D does not constitute a waiver of any right in such information and materials. Some of the content on the site may be the copyrighted work of third parties.
Control D is providing this service on an “as is, as available” basis without representation or warranty of any kind. Control D does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service, however we will do our best to do so. Control D will inform you of any significant changes to the service it may occasionally make. Control D may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. Control D is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.
The information contained in or made available through this Site is provided for informational purposes only and should not be construed as rendering consulting, technical, security, engineering, legal or other professional advice of any kind. Your use of this Site does not give rise to a client, advisory, fiduciary or professional services relationship between you and Control D.
Use the Service to damage or cause risk to our business, reputation, employees, subscribers, facilities, or to any person Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the Service without our prior written authorization. Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service or features that enforce limitations on the use of the Service. Intentionally interfere with or damage operation of the Service, by any means, including uploading or otherwise disseminating on the Internet spam, viruses, adware, spyware, worms, or other malicious code. Use the Service to compromise security of, or to obtain (or try to obtain) unauthorized access to any device or system in the Internet (such attempts include port scans). Use the Service with the direct or indirect purpose of inciting, aiding or abetting enforcement of copyright through means of any data collection and/or retention and/or any privacy violation.
Control D reserves the right to terminate, suspend or otherwise restrict your access to this Site, or any associated tool or services, with or without notice at any time for any reason whatsoever including, but not limited to, creating multiple accounts to bypass trial tier limitations, using Control D in a datacenter environment, sharing your Pro account with multiple people, violation of these Terms of Use or any inappropriate or unlawful behavior on your part. In addition, Control D reserves the right to modify or discontinue this Site or any portion hereof at any time with or without notice. Control D shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.
Control D reserves the right to modify these Terms of Use at any time upon posting. By continuing to use this Site and related services after any changes are posted, you are signifying your acceptance of the revised terms and conditions, regardless of whether you have reviewed them.
Control D strongly encourages users to test the Service by opting for a free trial before subscribing to any commercial plans. In case you are not satisfied with the commercial Service after subscribing, you have the right to obtain a full reimbursement, provided that:
1. You purchased the subscription directly from Control D.
2. Your refund request is sent within 7 commercial days from the subscription payment.
3. You have not opted for a free trial before subscribing to the commercial plan.
4. You provide a valid explanation for requesting the refund, and support team was not able to provide a solution.
Please note that issues related to geo-unblocking are outside the scope of this policy and are not eligible for a refund. The right to be refunded is invalid if you have violated the Terms of Service or if you send the request after having used the Service for more than 7 days.
Control D accepts only written refund requests sent to our support email. Upon receipt of a valid refund request, Control D warrants a reimbursement within 30 days.
Access to the Services is granted immediately upon payment confirmation, which is usually instant, but may take take up to 24 hours.
You agree to indemnify, save, and hold Control D, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your misuse of the Service, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. Control D reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Control D, and You agree to cooperate with Control D’s defense of these claims. Control D will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
WHERE APPLICABLE BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CONTROL D OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE, OR ANY OTHER INTERACTIONS WITH CONTROL D.
IN NO EVENT WILL THE TOTAL LIABILITY OF CONTROL D OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.