Terms of Service
Effective date: June 1, 2023
Ymir, Inc (“Ymir”, “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service. Use of Ymir's service constitutes acceptance and agreement to Ymir's Terms of Service.
Ymir reserves the right to modify the Terms of Service without notice.
Use of Services
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of Canada or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Ymir of any unauthorized use of your account or any other breach of security. Ymir will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Ymir. You will not engage in any activity that interferes with or disrupts Ymir's services or networks connected to Ymir.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Ymir will impose fees; and/or pursue civil remedies without providing advance notice.
Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Ymir or Ymir's customers.
Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.
Commercial Use: Ymir may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
Reverse Engineering: Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of Ymir.
Fair Use Policy
By using Ymir, you agree to comply with the following policy. Violation of this policy may result in suspension or termination of your Ymir account, at our discretion. We reserve the right to determine, at our sole discretion, whether a use of Ymir is in violation of this policy.
Discontinued Unlimited Plan
The Unlimited Plan, previously our $39/month plan, is no longer offered to new subscribers. However, if you are still on this plan, the following usage terms apply.
The Unlimited Plan is designed for subscribers who wish to run projects that they personally own. As part of the Unlimited Plan, subscribers are allowed to create unlimited projects for which they hold ownership rights. Ownership is defined as having legal rights and full control over the project. Subscribers must ensure that they have the necessary permissions and licenses to run these projects.
In addition, the Unlimited Plan allows limited usage for projects that you do not personally own, provided you have obtained the necessary permissions and licenses from the rightful owners. This 'limited usage' means you may use Ymir for a reasonable number of non-owned projects.
Please note that Ymir reserves the right to determine, at our sole discretion, what constitutes 'reasonable usage' under the Unlimited Plan. If we determine that your usage significantly exceeds average usage, we may require you to upgrade to our Agency or Enterprise plans, or we may suspend or terminate your account.
The Personal Plan is designed for subscribers who wish to run projects that they personally own. Ownership is defined as having legal rights and full control over the project. Subscribers must ensure that they have the necessary permissions and licenses to run these projects. If you do not own the project, you must upgrade to the Agency Plan.
The Agency Plan is designed for subscribers who wish to run projects for which they do not hold ownership. Under this plan, you are authorized to use Ymir for projects that are owned by third parties, provided you have obtained the necessary permissions and licenses from the rightful owners.
The Enterprise Plan is designed for subscribers who wish to use Ymir in a commercial capacity. This includes commercial products and services powered by Ymir, or the bundling and reselling of Ymir.
If you are using Ymir for a commercial product or service, it must be under our Enterprise Plan. This includes any product or service where Ymir forms a significant part of the value offered to customers.
Subscribers are not permitted to bundle or resell Ymir without explicit permission from us and must be under the Enterprise Plan. Unauthorized resale or bundling of Ymir is a violation of this Policy and may result in termination of your account.
Please note that Ymir reserves the right to determine, at our sole discretion, what constitutes 'commercial use' under the Enterprise Plan. If we determine that your usage exceeds the scope of the Enterprise Plan, we may require you to adjust your usage, or we may suspend or terminate your account.
Invoicing And Payment
You agree that Ymir shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that are past due. Accounts that are not collectable by Ymir may be turned over to an outside collection agency for collection.
Subscriber is aware that Ymir may prospectively change the specified rates and charges from time to time.
Ymir is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Ymir. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.
Cloud Provider Fees
You agree that Ymir is not responsible for any additional fees charged to your credit card by third-party cloud providers such as Amazon.
Ymir provides technical support to our subscribers via our e-mail/chat support system. The following are our guidelines when providing support: Ymir provides support related to your Ymir provisioned infrastructure and its expected normal functionality. Ymir does not offer technical support for application specific issues such as application configuration, programming, web or mail server configuration, or any other such issue. Ymir does not provide technical support to your customers.
Subscriber is solely responsible for maintaining the security of Subscriber's cloud resources that are created via the Ymir service. Ymir shall have no liability for any security breaches or data breaches of Subscriber's cloud resources, even if those cloud resources were initially created and provisioned by Ymir. Ymir does not guarantee the security of any of Subscriber's cloud resources, even if those cloud resources were initially created and provisioned by Ymir.
Subscriber is solely responsible for the preservation of Subscriber's data which Subscriber saves onto its virtual server (the “Data”). Even with respect to Data as to which Subscriber contracts for backup services provided by Ymir, Ymir shall have no responsibility to preserve Data. Ymir shall have no liability for any Data that may be lost.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which Subscribers gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Limitation Of Liability
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, DATA THEFT, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS ONE MONTH PERIOD, EVEN IF YMIR HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. SUBSCRIBER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT YMIR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS. SUBSCRIBER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST YMIR ARISING OUT OF SUBSCRIBER'S PURCHASE OR USE OF THE SERVICES, OR ANY CONDUCT OF YMIR’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO OR USE OF THE SERVICES.
Ymir wishes to emphasize that in agreeing to the Ymir Terms of Service, customer indemnifies Ymir for any violation of the Terms of Service that results in loss to Ymir or the bringing of any claim against Ymir by any third-party. This means that if Ymir is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Ymir, plus all costs and reasonable attorney's fees.