ConceptDraw Online Services TOS

These Terms of Service (TOS) cover your use and access to online services, provided by CS Odessa corp. By using our online services (Services), you’re agreeing to be bound by these TOS , our Privacy Policy and Terms of Use. If you’re using our Services for an organization, you're agreeing to these TOS on behalf of that organization.

Your Data

Your data means any and all information, data, code, images, text, documents or other materials of any type that you upload when you use Services. You retain full rights of your data these TOS don’t give us any rights to your data except for the limited rights that enable us to offer the Services.

You accept that we may establish general practices and limits concerning use of the Services, including the maximum number of days that your data will be retained by the Services, the maximum disk space that will be allotted on Services’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion of your data maintained by Services. You accept that we reserve the right to delete accounts that are inactive for an extended period of time.

ConceptDraw Converter Service

You confirm that you are aware that your data (files) uploaded to CS Odessa Online Convertor service will be deleted permanently from our servers 30 days after uploading. All files that are uploaded for conversion by you can be retrieved by you for 30 contiguous days. You will be notified of the upcoming removal 1 day before the end of the 30-day period. The notification will be sent to the email address associated with your account.

Your Permissions

We need your permission to make the operations like hosting Your Data, backing it up, and sharing it when you ask us to. Our Services also provide you with features such as document previews, commenting, sorting, editing, sharing, and searching. You grant us permission for these operations, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

You’re responsible for your data and you must comply with our Terms of Use. 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.

We may review your data for compliance with these TOS and our Terms of Use. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Our Services let you share your data with others, so please think carefully about what you share.

Your Access to Services

We offer both free services and paid services. By using paid Service, you are expressly agreeing that we are permitted to bill charges you may incur in connection with your use of the Service and any applicable tax. Additional charges may include service level changes you request. Except and to the extent required by applicable law, all fees and charges are nonrefundable, and there are no refunds or credits for partially used periods, or where you have elected to downgrade service levels or otherwise cancel a paid service.

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. We reserve the right to delete or disable content alleged to be infringing.

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notification to you if:

  • You are in breach of these TOS,
  • You're using the Services in a manner that would cause a real risk of harm or loss to us or other users,
  • You have not accessed our Services for 365 days.

We will 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 data 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 will not provide notification before termination where:

  • You are in material breach of these TOS,
  • Doing so would cause us legal liability or compromise our ability to provide the Services to our other users,or
  • We are prohibited from doing so by law.

Cessation of Services

We can be forced to discontinue the Services in response to unforeseen circumstances beyond CS Odessa’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 data from our servers.

Services "AS IS"

We strive to provide best services, but there are certain conditions that we unable to guarantee. To the fullest extent permitted by law, CS Odessa makes no warranties, either express or implied, about the Services.

Services are provided "As Is." we also disclaim any warranties of suitability for a particular purpose and non-infringement. Some places don't allow the disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

We don't exclude or restrict our responsibility to you where it would be illegal to do so—this includes any liability for CS Odessa's or its affiliates' fraud or fraudulent misrepresentation in providing the services. This paragraph doesn't affect consumer rights that can't be waived or limited by any contract or agreement.In countries where exclusions or limitations of liability are allowed, CS Odessa and its affiliates won't be liable for:

  • Any indirect, special, incidental, punitive, exemplary or consequential damages,
  • Any loss of use, data, business, or profits, regardless of legal theory.

If you use the services for any commercial, business or re-sale purpose, CS Odessa and its affiliates will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. CS Odessa and its affiliates aren't responsible for the conduct, whether online or offline, of any user of the services.

Controlling Law

These TOS will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.

Changes and Additions

We may revise these TOS from time to time to better reflect:

  • Changes to the law,
  • New regulatory requirements,
  • Improvements made to our Services.

If changes affect your use of the Services or your legal rights as a user of our Services, we will notify you prior to the update's effective date by sending a notification to the email address associated with your account. The effective date for the change in TOS will be identified in our communication to you of changes being made.

If you do not agree to the changes we make, please cancel your account before they become effective. By continuing to use the Services after the TOS updates are in effect you agree to be bound by the revised TOS.