Terms of Service Agreement

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the this website (the “Service”) operated by Creating Next Concepts, Inc. (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

In utilizing communication mediums in the Site, you agree to only use it for lawful and legitimate purposes. You are to use the communication channels to disseminate information or discussions related to the Service we provide. You must not post materials that might be offensive to other subscribers or visitors of the site.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Your account may have multiple users. It is important for you to register all the users of your system to ensure its data integrity. You are responsible for how your sub-users use the system. Any activity that prohibits your usage of the Service will also apply to all other users from your business.

Usage

You agree to only use the Service for its intended purpose and to abide with the provisions of this Terms of Use.

You shall not introduce undue stress into the system with the following, but not limited to, the following actions:

  1. You shall not burden the system with unreasonably large transactions that violates the provision of your Subscription type.
  2. You shall not perform any activity that might impair the functionality of our Service as well as perform transactions that will be disruptive and damaging to the Service or to our Subscribers.
  3. You shall not upload content that will cause damage to other Subscriber’s device or software.
  4. You shall not bypass any measures we may use to prevent or restrict access to the Service. You shall use proper security protocols such as using strong passwords to ensure the safety of your data in the Service.
  5. You must not attempt to copy, modify, and reverse engineer any of the features of the Service to replicate its usage. You must not attempt to use the Service other than its prescribed functionality and usage defined by Creating Next Concepts, Inc.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Creating Next Concepts, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the Philippines and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Creating Next Concepts, Inc.

You shall also keep our information confidential. You shall not publish to third parties or distribute any information or documentation that we provide for the purposes of operating and maintaining our Service. This includes materials such as training manuals, estimates, invoices, work orders and others. If you are uncertain of its confidentiality, please ensure to gain our clearance first prior to distribution.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Creating Next Concepts, Inc.

Creating Next Concepts, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Creating Next Concepts, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Storage and Backup

You maintain ownership of all Data you input into our Service. However, we reserve the right to store, copy and transmit these information to effectively provide you Service in our system. You are responsible for maintaining manual backup copies of your Data when you input it into the system. We commit to doing the necessary procedures to prevent corruption of data or data loss as you use our Service. However, we make no guarantee of any Data loss especially for situations that are outside our Control. You remain to be responsible of backing up all information necessary to restore operation in case of Data loss.

Interruptions and Outages

We are committed to ensure that we will respond to your concerns with an appropriate urgency. However, we do not guarantee that the Service will be uninterrupted or error free. We reserve the right to have scheduled downtime for system upgrade and maintenance. We are committed to give you guys sufficient advance notice to notify of the downtime. Additionally, our Service is built with reliance on infrastructure outside of our control such as computer hardware, networks and the Internet. These networks are not managed by Creating Next Concepts, Inc. and can be unpredictable and may occasionally interfere with your usage of the Service. You are responsible to manage these interruptions and outages with your system provider.

Technical Problems and Support

We strive to provide a high quality and relevant system for your business use. But, we do not guarantee that the system will be error free and it is your responsibility to ensure that its functionalities are relevant to your business. We provide no warranty about the Service. We reserve the right to select the bug fixes we will fund internally and determine the prioritization and schedule on when they will be fixed. Additionally, we will do our best to respond to your support concerns in a timely manner (approximately within 24 business hours). Our support will not be available 24 hours a day/7days a week.

Payment and Termination

We allow one month free trial usage of the system. Free trial users can choose to subscribe on or before the expiration of the free trial period. If you choose to not upgrade your account, we will terminate your account automatically after the completion of the free trial period.

For Zayls subscribers, invoices will be issued to you on an annual basis with a specified due date for the payment. Your subscription will automatically continue to the next year unless you explicitly terminate the contract with Creating Next Concepts, Inc. If you fail to pay your subscription fee within the due date, we will allow up to ten (10) working days for you to settle your accounts, failure to do so will automatically lead to suspension of your access to the Service.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Take note however that you are still responsible for settling all outstanding payables for the usage of the Service prior to the termination of your account. All prior Subscription payments made to us will not be refundable.

Limitation Of Liability

In no event shall Creating Next Concepts, Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Should your business incur any damage or loss due to our negligence and failure to provide service within these Terms, all claims to damages will only be limited to the relevant portion of your paid Subscription Fee. Our liability can only cover up to the past 12 months of your Subscription. It is your responsibility to continually assess the effectiveness of our service and to report any issues to us in a timely manner.

If you are not satisfied with our Service, your only option is to terminate your Subscription with us.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Creating Next Concepts, Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Philippines, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.