Last revised on May 23, 2018, effective as of May 25, 2018

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the Workshop Butler website (the “Platform”) operated by WORKSHOP BUTLER, UNIPESSOAL LDA (“Workshop Butler”, “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 clicking on the accept buttons relating to the Terms,  Data Processing Agreement and  Privacy Policy, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Platform.

Your Account

• Eligibility. Your account must be registered by a human. Accounts registered by “bots” or other automated methods are not permitted. Additionally, you must be 16 years of age or older.
• Registration Information. You must provide a valid permanent email address, along with any other information required by Workshop Butler during the registration process. One person may not maintain more than one free account.
• Password. You are responsible for maintaining the security of your account and password. We will not be liable for any loss or damage from your failure to comply with this security obligation. Personally identifiable information submitted by you will be subject to our  Privacy Policy. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
• Restrictions. You may not use the Workshop Butler Platform for any illegal or unauthorized purpose. You must not, in the use of the Workshop Butler Platform, violate any laws in your jurisdiction, including, among other things, by:
  • distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
  • covering or obscuring any notice, legend, warning or banner contained on the Workshop Butler Platform;
  • interfering with or circumventing any security feature of the Workshop Butler Platform or any feature that restricts or enforces limitations on use of or access to the Workshop Butler Platform;
  • infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
  • being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Workshop Butler in its sole discretion; or
  • deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.

Payment, Refunds, Upgrading and Downgrading

A valid credit card is required for paying accounts unless your company pays for services annually, in which case payment via invoice is acceptable. Free accounts are not required to provide a credit card number.

All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on the use of the Platform and such amounts shall be the responsibility of, and payable by, you. If your place of business is within Portugal we will add Portugal VAT to our fees at the then current rate. If your place of business is in the EU (excluding Portugal) and we are not obliged to charge you VAT (due to current applicable law), we will only exclude VAT from invoices if you provide us with a valid VAT registration number or other proof that you are using the Platform for business purposes.

Links To Other Web Sites

Our Platform may contain links to third-party websites or services that are not owned or controlled by us.

We have no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such websites or services.

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

Violation of these Terms of Service

We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Workshop Butler has no obligation to prescreen or monitor your access to or use of the Platform or any information, materials or other content provided or made available through the Workshop Butler Platform, but has the right to do so. You hereby agree that Workshop Butler may, in the exercise of our sole discretion, remove or delete any data, accounts or other content that violates these Terms of Service or that is otherwise objectionable.

Cancellation

You are solely responsible for properly cancelling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation. You can cancel your account at any time from the “Account Settings” page.

Any cancellation of your account will result in the deactivation or deletion of your account, and the removal of all content in your account. Cancelled accounts cannot be recovered or restored from Workshop Butler. Please be aware that we may for a time retain residual account information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us.

Cancellations will take effect immediately. If you wish to continue using your account through the end of a billing cycle, please do not cancel until the billing cycle is completed.

Termination

Workshop Butler reserves the right to terminate any free accounts that do not have any activity (replies or logins) for sixty (60) days, or trial accounts without a payment method thirty (30) days after expiration.

Workshop Butler, in its sole discretion, has the right to suspend or terminate your account if you breach these Terms of Service. Any termination of your account will result in the deactivation or deletion of your account, denied access to your account, and the removal of all content in your account.

Modifications to the Workshop Butler Platform and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Workshop Butler Platform (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.

Prices of all Workshop Butler Platform plans are subject to change. If Workshop Butler does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least six (6) months notice via email.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Workshop Butler Platform.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Workshop Butler Platform. Your continued use of the Workshop Butler Platform following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Workshop Butler Platform, including the release of new tools and resources, will be subject to these Terms of Service.

Intellectual Property and Content Ownership

We claim no ownership rights over the content submitted or created exclusively by you in your Workshop Butler Platform account. Any content that is yours remains yours. These Terms of Service do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the service to you.

Similarly, any reporting data we collect from your use of the Workshop Butler Platform remains yours. By using the Workshop Butler Platform you agree that we can use this data to provide the Workshop Butler Platform to you, and you also agree that as long as the data is anonymized and does not identify you, we can combine this data with the anonymized data of other companies to provide benchmarking, public reports or to otherwise use it to provide the Workshop Butler Platform.

Workshop Butler, and the Workshop Butler logos, are trademarks of Workshop Butler and may not be used without our express written permission. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission. You do not acquire any ownership rights by using the Workshop Butler Platform.

Account Access

In some cases, it is necessary for Workshop Butler employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Workshop Butler employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honoured to the extent possible.

Indemnification

You agree to indemnify and hold Workshop Butler, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Workshop Butler Platform, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Disclaimer

The Workshop Butler Platform and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Workshop Butler is a distributor and not a publisher of the content supplied by third parties; as such, Workshop Butler exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Workshop Butler Platform. Without limiting the foregoing, Workshop Butler specifically disclaims all warranties and representations in any content transmitted on or in connection with the Workshop Butler Platform or on sites that may appear as links on the Workshop Butler Platform, or in the products provided as a part of, or otherwise in connection with, the Workshop Butler Platform, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Workshop Butler or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Workshop Butler does not warrant that the Workshop Butler Platform will be uninterrupted, uncorrupted, timely, or error-free.

Limitation of Liability

Workshop Butler will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Workshop Butler Platform, whether or not Workshop Butler is advised of the possibility of such damages. You acknowledge and agree that Workshop Butler’s maximum liability to you will not exceed the amount you have paid Workshop Butler in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Workshop Butler Platform under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Governing Law

These Terms shall be governed and construed in accordance with the laws of Portugal, 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.

Contact us

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