Terms & Conditions of Use
Thanks for using Chimni! These terms of service (“Terms”) cover your use and access to our services, client software and websites ("Services"). If you are in the UK your agreement is with Chimni Ltd (“Chimni”). Chimni doesn’t currently operate outside the UK. If you’re using our services for an organisation, you’re agreeing to these Terms on behalf of that organisation.
Key Contacts:
Data Protection Officer (DPO) Contact: Nigel Walley nigel.walley@chimni.com
Contact Address: Chimni Ltd - PO Box 78201 LONDON W12 2HT
Your Content & Your Permissions
When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Content”). Your Content is yours. These Terms don’t give us any rights to Your Content except for the limited rights that enable us to offer the Services.
You grant us your permission to do things like hosting Your Content, backing it up, and sharing it in order to provide the Services. Our Services also provide you with features like photo thumbnails, document previews, commenting, sorting, editing, sharing, and searching. These and other features may require our systems to access, store, and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
Our system is based on the premise that you have the legal right to exercise control over the property details held in Your Content. By using our service you are stating that you have that right.
Sharing Your Content
We never share your content, apart from when you instruct our systems to do it for you. Our Services let you share Your Content with others, so please think carefully about what you share.
Your Responsibilities
You’re responsible for your conduct and for any Content you upload. You and Your Content must comply with these Terms. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so, as this would be a breach of these Terms
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.
Help us keep you informed and Your Content protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law.
You may not copy, modify, distribute, sell, or lease any part of our services or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission or applicable law lets you do so.
Beta Services
We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as Chimni’s other services, so please keep that in mind.
Our Content
The Services are protected by copyright, trademark, and other UK and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Chimni trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you. To provide you with our Services, we sometimes send you service announcements and other information.
Copyright
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using the dedicated email address below. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated email address for notice of alleged copyright infringement on the Services is:
Termination
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you’re in breach of these Terms,
(b) you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Content from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
(a) you’re in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
(c) we're prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond Chimni’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Content from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for.
Resolving Disputes
Let’s try to sort things out first. We want to address your concerns without needing a formal legal case. Before filing a claim against Chimni, you agree to try to resolve the dispute informally by contacting admin@Chimni.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Chimni may bring a formal proceeding.
Controlling Law
These Terms will be governed by the laws of England & Wales
Entire Agreement
These Terms constitute the entire agreement between you and Chimni with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Chimni’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Chimni may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Modifications
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective as soon as you use the service following notification.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
Limitation of Liability
Chimni and our affiliates and suppliers are not liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages, or any loss of use, data, business or profits. This applies regardless of whether Chimni have been warned of the possibility of such damages. We are not responsible for the conduct or content of any users of the Services.
If you use the Services for any commercial or business purpose, Chimni and its affiliates and suppliers will have no liability for any loss of profit, opportunity, or utility. In any case, our liability to you is limited to the amount of any fees you have paid Chimni in the year up to the event for which you are seeking damages.
If you’re a business user or organisation, then to the extent allowed by applicable law, you’ll indemnify Chimni and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the Services or breach of these Terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees.
Links to Third Party Sites.
Chimni may contain links to web sites controlled or offered by Third Parties. The links are only provided as a convenience and Chimni does not endorse or recommend any products or services offered by or information contained in any of these Third Party sites. Chimni hereby disclaims all liability for all information, materials, products or services posted, offered or that may be accessed at any of the Third Party sites linked to this Site.
Privacy Policy
Chimni takes the issue of online privacy and data very seriously. At the core of the Chimni concept is the belief that the homeowner should have access and control of all the main data about their home. Chimni believes that a homeowner should establish the basis and set the rules by which their home's data is shared is shared with third party organisations.
The Chimni logs are a tool for the homeowner to do exactly that. As such we view all contents within a Chimni log as the private property of the homeowner. We do not access, view or share data held in a Chimni log with anyone. We may occasionally make offers to you in conjunction with third parties, based on your top level profile, but these will be operated on an opt-in basis and are wholly voluntary. A Chimni user may turn these functions off at any point.
