1.1 - NakedSSL.com is a service operated by okay bueno GmbH & Co. KG, Pestalozzistr. 5-8, 13187 Berlin, Germany ("Company", "we" or "us") provided to you through its web site and platform located at https://www.nakedssl.com (the "Site"), subject to this Terms of Service agreement ("TOS"). By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and accept to be bound by this TOS. If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms "you" or "your" shall refer to such entity and its affiliates.
1.2 - Company may change this TOS from time to time by providing thirty (30) days prior notice either by posting a notice on the Site or by emailing the email address associated with your account. You can always review the most current version of this TOS at any time at https://www.nakedssl.com/terms. The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TOS is not acceptable to you, your only remedy is stop using the Services and delete your account by using the functionality on your profile section.
2.1 - The "Service" includes (a) the Site, (b) Company's platform for on-demand encrypted redirection services and (c) all software and data made available through the Site. The Service does not include any data or content made available through the domains redirected using the platform. Any new features added to or augmenting the Service are also subject to this TOS.
3.1 - Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Company. You shall not (a) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (b) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorised access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Company provides you or publishes in connection with the Service, and you shall promptly notify Company if you learn of a security breach related to the Service. Without limiting the foregoing, you acknowledge that Company may establish general practices and limits concerning use of the Service. You agree that the Company has no responsibility or liability for the deletion or failure to store any data maintained by the Service. You acknowledge that Company reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion.
3.2 - You are responsible for maintaining the confidentiality of your login, password and account. You are also responsible for ensuring the safety of the devices and networks you may use to access to the Service. You are accountable for all activities that occur under your login or account. Company reserves the right to access your account in order to respond to your requests for technical support. Company has the right, but not the obligation, to monitor the Service. You further agree that Company may remove or disable any of your domains at any time and for any reason (including but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such domain or content served through that domain), or for no reason at all.
3.3 - You understand that the operation of the Service may be unencrypted and involve (a) transmissions over various networks and (b) transmission to Company's third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Company will have no liability to you for any unauthorised access or any corruption, deletion, destruction or loss of any of domains added on the platform.
3.4 - You acknowledge that this TOS is a contract between you and Company, even though it is electronic and is not physically signed by you and Company, and it governs your use of the Service.
3.5 - Company reserves the right to use your name and/or company name as a reference for marketing or promotional purposes on Company's website and in other communication with existing or potential Company customers. You can decline the Company's right by sending an email to hello@nakedssl.com stating that you do not wish to be used as a reference.
3.6 - Subject to the terms hereof, Company may (but has no obligation to) provide technical support services, through email and live chat.
3.7 - You agree to fairly use the free plan by not having more than one account associated to the same person or company and not having more than one domain under management via several accounts. Company reserves the right to cancel and remove without previous warning or notice any free account that violates this fair usage principle.
3.8 - If you opt for a free plan and do not pay for using the service provided by Company, you acknowledge that Company may: (i) use the name and/or logo of your website operator for the sole purpose of identifying your website respectively your website operator as a client of Company, including on https://www.nakedssl.com as well as on https://www.okaybueno.com; and (ii) produce one or more case studies summarizing the way in which the Services provided by Company have been implemented, for internal use and in presentations to other customers or potential customers. Where any such case studies: (a) include information beyond what is available in the public domain; or (b) will be used by Company for promotional and publicity purposes, the content of the case study will be subject to your review and approval.
4.1 - To start the Trial period (period of time during which you can use the Service free of charge – if any), you are required to select a payment plan and provide Company information regarding your credit card. You represent and warrant to Company that such information is true and that you are authorised to use the payment instrument. Upon expiration of the Trial period, Company will automatically begin charging your payment instrument for the selected plan's billing period. Company will notify you before the Trial period ends.
4.2 - You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Company does not store any sensible credit card information and all payments are processed using Stripe's Secure Gateway.
4.3 - You agree to pay Company the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. You hereby authorise Company to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your subscription or account, and you further agree to pay any charges so incurred.
4.4 - If you dispute any charges you must let Company know within thirty (30) days after the date that Company invoices you. We reserve the right to change Company's prices. If Company decides to change prices, Company will provide notice of the change on the Site or in email to you, at Company's option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.
4.5 - Company normally bills through an invoice, in which case, full payment for invoices issued in any given month must be received by Company thirty (30) days after the mailing date of the invoice, or the Services may be terminated.
4.6 - Prices shown do not include VAT. If you billing address is inside Germany, we are obliged to collect VAT on the net amount invoiced, depending on current legal grounds. If your billing address is outside Germany, you shall be responsible for all taxes associated with the Service based on your country of operation (reverse VAT under EU law, etc).
4.7 - No refunds will be provided for early cancellation of paid plans. If you cancel your subscription before the end of your billing period, you will continue to have access to the Service until the end of that billing period, but no refund will be issued for the unused portion of the prepaid period.
5.1 - You represent and warrant to Company that (a) you have full power and authority to enter into this TOS; (b) you own the domains you may add to the Service or have obtained all permissions, releases, rights or licenses required to engage in their management and other activities (and allow Company to perform its obligations) in connection with the Services without obtaining any further releases or consents; (c) content available through your domains and other activities in connection with the Service, and Company's exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does your content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (d) you are eighteen (18) years of age or older.
6.1 - You have the right to terminate your account at any time by deleting your account and the all data associated to it from within your profile. In addition to any other remedies we may have, Company may also terminate this TOS upon ten (10) days notice, if you breach any of the terms or conditions of this TOS. Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). All of domains on the Service (if any) may be permanently deleted by Company upon any termination of your account in its sole discretion. If Company terminates your account without cause and you have signed up for a fee-bearing service, Company will refund the pro-rated, unearned portion of any amount that you have prepaid to Company for such Service.
7.1 - The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond our reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by email of any scheduled service disruption. HOWEVER, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU ACKNOWLEDGE THAT COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
8.1 - UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED (€100) EUROS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
8.2 - Some states, countries and/or regions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, COUNTRIES AND/OR REGIONS, COMPANY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9.1 - You shall defend, indemnify, and hold harmless Company from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of domains and content, or your other access, contribution to, use or misuse of the Service. Company shall provide notice to you of any such claim, suit or demand. Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Company's defense of such matter.
10.1 - This TOS shall be governed by the laws of Federal Republic of Germany without regard to the principles of conflicts of law. Unless otherwise elected by Company in a particular instance, you hereby expressly agree to submit to the exclusive personal jurisdiction of the federal courts of Berlin for the purpose of resolving any dispute relating to your access to or use of the Service. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
11.1 - Please visit our privacy policy to understand how Company collects and uses personal information.
12.1 - If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Company in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognised overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.