Terms and Conditions of cside.dev
These Terms govern
- the use of this Application, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
This Application is owned and provided by:
Client-Side Development, Inc.
Owner contact email: [email protected]
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following requirements:
Content on this Application
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Access to external resources
Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
This Application may only be used within the scope of what it is provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Application violates no applicable law, regulations or third-party rights.
Common provisions
Pricing Changes
The Owner reserves the right to change pricing for the Service at any time, at its sole discretion. Any changes in pricing will be communicated to Users in advance, and such changes will apply to the next billing cycle or new purchases. By continuing to use the Service after being notified of any pricing changes, Users accept and agree to the revised pricing.
Refund Policy
Refund requests must be made within 14 days of the original online purchase. After 14 days, the Owner is not obligated to provide refunds for any fees or charges incurred. Refunds will only be granted at the Owner’s sole discretion in cases of error or other exceptional circumstances.
Payment Terms
The Service offers both monthly and annual billing options. Users who select the monthly billing option will be charged on a monthly basis, while those who select the annual billing option will be charged upfront for the year and may receive a discount. By choosing a billing option, Users agree to the terms and fees associated with that option. If the billing cycle is modified, the User will be notified in advance, and changes will apply to future billing periods.
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Application for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or discontinue the Application altogether. If the Application is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Application might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events (infrastructural breakdowns or blackouts etc.).
Application reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
User retains ownership of any content submitted to this Application. By submitting content to this Application, User grants Owner a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display such content in connection with the operation and promotion of this Application.
Feedback
User may provide Owner with information and feedback related to errors, suggestions, improvements, ideas, issues, complaints, or other matters concerning this Application (“Feedback”). By providing Feedback, User agrees that: (i) User will not retain or assert any intellectual property or other rights in the Feedback; (ii) Owner may have ideas similar to the Feedback under development; (iii) the Feedback does not contain any confidential or proprietary information from User or third parties; and (iv) Owner has no obligation of confidentiality regarding the Feedback.
By submitting Feedback, User assigns to Owner all right, title, and interest in the Feedback, and agree that Owner may use it freely without payment, attribution, or restrictions. If the transfer of ownership is not possible due to applicable laws, User grants Owner an exclusive, transferable, irrevocable, free-of-charge, sublicensable, unlimited, and perpetual right to use, modify, create derivative works, publish, distribute, and commercialize the Feedback in any manner and for any purpose.
Infringement policy
If User believes that its intellectual property rights have been infringed by content on this Application, please provide a written notice to our Designated Agent at [email protected]. Owner will respond promptly to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA) or other applicable laws.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User from the date communicated to Users onwards.
The continued use of the Application will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Application and may terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner.
Termination
This Agreement begins when User first accesses or uses the Application and continues until terminated. Owner may terminate these Terms at any time, at Owner’s discretion, with or without notice. User may terminate the Terms by emailing Owner at [email protected].
The provisions of this Agreement, which by their nature are intended to survive the termination or expiration of this Agreement, shall remain in full force and effect, including but not limited to obligations relating to confidentiality, indemnification, limitation of liability, and any other continuing rights or obligations.
Termination of these Terms does not affect Owner’s other legal or equitable remedies or relieve User of liability for any breaches before the termination date. Owner is not liable for damages solely due to the termination of this Agreement.
Limitation of Liability
To the fullest extent permitted by applicable law, Owner and its affiliates, officers, directors, employees, agents, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use this Application.
In no event shall the total liability of Owner for all claims related to this Application exceed the greater of one hundred U.S. dollars (U.S. $100.00) or the amount User paid to Owner for the Application in the last 12 months.
Indemnification
User agrees to indemnify, defend, and hold harmless Owner and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (i) User's access to or use of this Application, or any content, data, or information submitted, posted, or otherwise made available by User through this Application; (ii) User's violation of these Terms, any applicable law, regulation, or third-party right; or (iii) any dispute or issue between User and any third party. Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with Owner in asserting any available defenses. This indemnity obligation will survive the termination or expiration of these Terms and User's use of this Application.
Disclaimer
The Application is provided on an "as is" and "as available" basis. Owner disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Owner makes no warranty that (i) this Application will meet User’s requirements; (ii) this Application will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of this Application will be accurate or reliable; or (iv) the quality of this Application will meet your expectations.
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
Arbitration
Owner tries to address any disputes without the need to initiate a formal legal proceeding. If User has an issue with this Application, User agrees to contact Owner via email at [email protected] with a description of facts of the dispute (including any relevant documentation) and allowing Owner 30 days to respond before initiating any formal dispute resolution proceeding. If for some reason the dispute isn’t resolved satisfactorily within those 30 days, any further dispute resolution will occur according to the provisions below. Engaging in this informal dispute resolution process is a requirement that must be fulfilled before commencing a formal dispute resolution proceeding.
OWNER AND USER AGREE TO ARBITRATE DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS (“Claims”) AND WAIVE THE RIGHT TO HAVE A COURT OR JURY DECIDE DISPUTES (“Arbitration Agreement”). User may opt out of this Arbitration Agreement by providing notice to Owner no later than 90 calendar days from the date User firsts accesses this Application. To opt out, User must send notice by email to [email protected] with the subject line “Arbitration Opt Out”.
CLASS ACTION WAIVER: WHETHER OR NOT USER ARBITRATES A DISPUTE OR OPTS OUT OF ARBITRATION, USER WAIVES ALL RIGHTS TO PROCEED AS A MEMBER OR REPRESENTATIVE OF A CLASS ACTION, INCLUDING CLASS ARBITRATION, REGARDING DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS. THIS MEANS USER MAY NOT ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS. USER MAY NOT BRING CLAIMS IN ARBITRATION OR COURT ON A CLASS, CONSOLIDATED OR REPRESENTATIVE BASIS. THE ARBITRATOR OR COURT CAN DECIDE ONLY YOUR INDIVIDUAL CLAIMS. THE COURT MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED WITHOUT OUR PRIOR WRITTEN CONSENT.
By agreeing to arbitrate, User waives User’s constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims. Either User or Owner may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. If an in-person hearing is required, then it will take place in Delaware.
Any arbitration will be initiated before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within 14 days of the filing of a “Demand for Arbitration”, then either of us can elect to have the arbitration administered by another mutually agreeable ADR Provider who will hear the case. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The Arbitration Rules will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
The arbitrator will decide the rights and liabilities, if any, of each of User and Owner, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. User and Owner agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent either User or Owner from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law. User and Owner shall bear their own costs and expenses, including, but not limited to, attorneys’ fees, and shall not seek to recover these costs from the other. The arbitrator(s) shall have no authority to award attorneys’ fees or costs to any party, except as may be expressly provided by applicable law.
In the event User opts out of arbitration, User and owner agree that any dispute will be brought before a Federal or State court located solely and exclusively in Delaware. User and Owner submit to the exclusive jurisdiction and venue in these courts. USER AND OWNER HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OF ANY CLAIM. THE COURT CAN DECIDE ONLY USER’S AND OWNER’S INDIVIDUAL CLAIMS.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Definitions and legal references
This Application (or this Application)
The property that enables the provision of the service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Owner (or We)
Indicates the natural person(s) or legal entity that provides this Application to Users.
Terms
All provisions applicable to the use of this Application as described in this document, including Owner’s privacy policy available at (https://cside.dev/privacy-policy) and any other related documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this Application.
Latest update: December 11, 2024