Terms of Service

1. Introduction and Definitions

This website is operated by Lombiq Technologies Ltd. (hereinafter: "Lombiq"). These Terms of Service (hereinafter: "Agreement", "Terms") constitute a legally binding agreement between you, the User, and Lombiq, governing your access to and use of our website and services called DotNest (hereinafter: "DotNest","Service").

This agreement is concluded in electronic form only, won't be registered by Lombiq, doesn't qualify as a written contract and it's written in English. Before using Lombiq's service, please read the following Terms of Service carefully.

2. Company Information and Contact Details

Lombiq's company details:

Name: Lombiq Technologies Ltd.,
Seat: Podmaniczky street 57. 2/14., 1064 Budapest, Hungary,
EU VAT number: HU24382391,
Company registration number: 01 09 174298.

Questions about the Terms of Service and any complaints that you may have about the Service in the future should be submitted on the contact us page.

3. Acceptance of Terms

These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

By accessing our website and engaging with our services, you agree to comply with and be bound by these Terms of Service, policies referenced herein and/or available by hyperlink. If you do not agree with any part of this Agreement, you must refrain from accessing our website or utilizing our Services.

Your submission of personal information through the store is governed by Lombiq's Privacy Policy.

4. Modifications and the Terms

You can always access the most up-to-date version of the Terms of Service on this page.

Lombiq retains the right to revise, modify or substitute any section of these Terms of Service by publishing updates or revisions on Lombiq's website. Any additional features or tools integrated into the existing website will also be governed by the Terms of Service. It is your responsibility to periodically review this page for any alterations.

By continuing to access or use the Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

5. Service Terms

By agreeing to this Agreement, you represent and warrant that you are of legal age and possess the legal capacity to enter into binding contracts in your jurisdiction.

You agree not to use our products or services for any illegal or unauthorized purpose, and you shall not violate any laws in your jurisdiction, including but not limited to copyright laws. Transmission of any harmful code, including worms or viruses, is strictly prohibited.

A breach of any of these terms will result in an immediate termination of your access to our Services.

6. General Conditions

Lombiq reserves the right to refuse service to anyone for any reason at any time. You acknowledge that while using our Service, your content (excluding credit card information and payment details) may be transmitted unencrypted and may traverse various networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Service, use of the Service, or access to the Service without express written permission. The headings used in this Agreement are for convenience only and do not affect the interpretation or enforceability of these Terms.

7. Accuracy, Completeness and Timelines of Information

Lombiq doesn't guarantee the accuracy, completeness, or timeliness of the information provided on this site. The material on this site is intended for general information purposes only and should not be the sole basis for making decisions. You agree that it is your responsibility to verify information from primary, accurate, complete, or more timely sources.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Lombiq reserves the right to modify the contents of this site at any time without obligation to update information.

8. Products or Services

DotNest is an Orchard Software as a Service offering websites based on the Content Management System Orchard Core and Orchard CMS. After registration, users may create basic Orchard sites for free, with premium features subject to current pricing. Some products or services may be available exclusively online through our website, with limited quantities and subject to exchange in accordance with our "Refund and Exchange Policy" (Section 11).

Lombiq reserves the right, though not the obligation, to limit the sale of our products or services to specific individuals, geographic regions, or jurisdictions. Lombiq may exercise this right on a case-by-case basis and also reserves the right to limit quantities of products or services offered.

Descriptions of products and product pricing are subject to change at Lombiq's sole discretion without prior notice. Lombiq reserve the right to discontinue any service at any time. Any offers for products or services made on this site are void where prohibited.

9. Modifications to the Service and Prices

You can see the current prices of our products under the Pricing page.

Prices for our products are subject to change without prior notice to Lombiq and without your prior approval. Lombiq may modify or discontinue any part of the Service (or any content or feature thereof) at any time. Lombiq shall not be liable to your or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

Please be aware that Lombiq cannot always ensure that users are notified of various modifications. Lombiq assumes no liability if, for reasons of its own interest, the user is not informed of the content of the notifications sent by Lombiq.

10. Accuracy of Billing and Account Information

Lombiq reserves the right to refuse any order placed with us. Lombiq may, at its sole discretion, limit or cancel quantities purchased per person, per household, or per order, including orders placed using the same customer account or credit card.

You agree to provide current, complete, and accurate purchase and account information for all transactions made in our Service. It is your responsibility to promptly update your account and other information, including email addresses and credit card numbers, to ensure the completion of transactions and to facilitate necessary communication.

11. Availability and Refund

Our policy stipulates that Lombiq provides Service with an availability of 99,9%.

The Microsoft Azure Application Insights service pings Service every 5 minutes from 5 geographic locations. A failure means that the request's response is incorrect or takes more than 30 seconds to load. If a failure is detected once, then it'll be tried again within 20 seconds, and then once more again. Service is considered unavailable if it still fails on the third try and does this from at least 3 locations.

If the limits are exceeded, Lombiq undertakes to refund to the user the amount of the pro rata temporis price for the period of the overrun in the case of paid services.

12. Optional tools

Lombiq may grant you access to third-party tools over which Lombiq neither exercise monitoring, control, nor influence. You acknowledge and consent to our provision of access to these tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. Lombiq bears no liability whatsoever arising from or related to your utilization of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own discretion and risk, and you are responsible for familiarizing yourself with and approving the terms provided by the relevant third-party provider(s).

Furthermore, Lombiq may introduce new services and features through the Service in the future, including the launch of new tools and resources. These new features and services will also be governed by these Terms of Service.

13. Third-party links

Certain content, products, and services available through our Service may incorporate materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with Lombiq.

Lombiq is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

Lombiq is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

14. User Submissions

In the event that you submit certain specific materials at our request (e.g. contest entries), or, without solicitation from us, provide creative concepts, suggestions, proposals, plans, or any other materials, whether through online means, email, postal mail, or any other medium (collectively, 'comments'), you hereby agree that we may, without restriction, edit, copy, publish, distribute, translate, and employ such comments in any medium, at any time.

Lombiq is and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Lombiq reserves the right, although we are not obliged, to monitor, edit, or remove content that, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your comments will not infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, personality, or any other personal or proprietary right.

Furthermore, you affirm that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor any computer virus or other malware that could potentially impact the functionality or operation of the Service or any related website. You may not employ a false email address, impersonate another individual, or mislead us or third parties as to the origin of any comments. You assume full responsibility for the accuracy of any comments you make.

Lombiq takes no responsibility and assume no liability for any comments posted by you or any third-party.

15. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, provisioning times and availability. Lombiq reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Lombiq undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as may be required for the adequate operation of the Service or required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

16. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others for unlawful purposes;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. This includes techniques circumventing the idle shutdown of sites or removing or altering the DotNest-injected footer text; you may remove the footer text if the site has the custom domain usage service purchased.

Lombiq reserves the right to terminate your use of the Service or any related website if you violate any of these prohibited uses. Lombiq may also, without prior notice, suspend a DotNest-hosted website in its entirety or partially if its excessive resource consumption affects the Service's stability.

17. Disclaimer of Warranties; Limitation of Liability

Lombiq does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

Lombiq does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You further agree that your use of, or inability to use, the service is entirely at your own risk. The service, as well as all products and services delivered through the service, are provided "as is" and "as available," unless otherwise expressly stated by us. Lombiq makes no representations, warranties, or conditions of any kind, whether express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event shall Lombiq Technologies Ltd., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Due to restrictions in some states or jurisdictions, which do not allow the exclusion or limitation of liability for consequential or incidental damages, Lombiq's liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

18. Indemnification

You hereby agree to indemnify, defend and hold harmless Lombiq Technologies Ltd. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

19. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. Termination

The responsibilities and legal obligations of the parties that arose prior to the termination date will remain in force after the termination of this agreement.

These Terms of Service remain in effect until either you or Lombiq terminates them. You have the option to terminate these Terms of Service at any time by informing Lombiq of your decision to no longer use Lombiq's Services or by discontinuing your use of Lombiq's website.

If, in Lombiq's sole discretion, you violate or if Lombiq suspects that you have violated any aspect of these Terms of Service, Lombiq may terminate this agreement without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to Lombiq's Services (or any part thereof).

21. Entire agreement and Governing Law

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies or rules Lombiq has posted on this website or regarding The Service, constitute the comprehensive agreement between you and Lombiq. These Terms govern your usage of the Service, superseding any prior or concurrent agreements, discussions, or proposals, whether verbal or written, between you and Lombiq, including any prior versions of the Terms of Service.

Any uncertainties in interpreting these Terms of Service should not be construed against the party that drafted them.

These Terms of Service and any separate agreements under which Lombiq offers you Services will be interpreted and governed by the Hungarian law.

Last updated: 19.09.2023 by Lombiq Technologies Ltd.