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Terms of Service

These Terms of Services set forth the entire terms and conditions applicable to each user ("User," "you," or "your") of the services, applications, tools and features (collectively, the “Services”) available through the website(s) operated by Fourth Estate, including, but not limited to www.fourthestate.app (the “Website”). We offer our Users the Services for creating, publishing, and using a news website, platform, or other application. The online or mobile news website, platform, or other application created by the User using our Services are referred to herein as a “User Platform”. For the avoidance of doubt, the Services do not include services, applications, features, or components that were built, developed, connected, or offered by the User, even if presented within the Services.

These Terms of Services constitute a binding and enforceable legal contract between Internet Investment Group Limited and its successors or assignees, subsidiaries and affiliates (“Fourth Estate”, “we”, “us”, or “our”) and you in relation to the use of any Services, including during free trial period.

By accessing or using the Services, you're agreeing to be bound by these Terms of Services and our Data Processing Agreement (collectively, the “Terms”). If you are entering into these Terms on behalf of a company, organization or another legal entity (an “Entity”), you are agreeing to these Terms for that Entity and representing to Fourth Estate that you have the authority to bind such Entity and its Affiliates (as defined below) to these Terms, in which case the terms “User”, “you” or “your” herein refers to such Entity and its Affiliates. If you do not have such authority, or if you do not agree with these Terms, you may not use or access the Services.

The User and Fourth Estate shall each be referred to as a “Party” and collectively referred to as the “Parties” for purposes of these Terms.

Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

In the event of any inconsistency or conflict between the Terms and the terms of any Service Order, the terms of the Service Order shall control. Non-English translations of the Terms are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version shall control

1. ACCOUNT

To access and use the Services, you should register and create the Account (the “Account”). You must provide accurate and complete information when registering your Account.

You may invite others to your Account and assign them certain roles and permissions to perform certain activities within your Account and any User Platform.

A person granted permission to perform activities on your Account that such person does not own is referred to herein as a “Permitted User”.

​If the Permitted Users access your Account and any of your User Platform’ settings, the Permitted Users may, depending on the roles and permissions you assign them, perform actions available to you (unless as specifically stated otherwise on these Terms), make changes to any User Platform and your Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name as the owner of the Account, whether or not specifically authorized by you.

Therefore, we strongly encourage you to (i) keep the log-in credentials of your Account confidential, and (ii) allow access to your Account, only to people you trust - as you will be solely and fully responsible for all activities that occur under your Account and/or User Platform (including for any representations, warranties, and undertakings made therein and including by any Permitted User), and for any damages, expenses or losses that may result from such activities.

2. OWNERSHIP DISPUTES

Sometimes ownership of the Account and/or User Platform is disputed between parties, such as a business and its employees, or a web designer and User. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account and/or User Platform ownership and to transfer the Account and/or User Platform to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend the Account and/or User Platform until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.

3. EXTENSION OF RIGHTS TO AFFILIATES

For the purposes of these Terms, “Affiliate(s)” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby "control" (including, with correlative meaning, the terms "controlled by" and "under common control") means the possession, directly or indirectly, of the power to direct, or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise. The User may extend its rights, benefits and protections provided herein to its Affiliates and to contractors or service providers acting on the User’s or the User’s Affiliates’ behalf, provided that the User remains responsible for their compliance hereunder. An Affiliate may also directly purchase Services pursuant to the terms of these Terms provided that such Affiliate agrees to be bound by the terms of these Terms as if it were an original party hereto. The User also agrees that it will be responsible for its Affiliates’ compliance with these Terms. The User hereby authorizes Fourth Estate to share the content of these Terms with the User’s Affiliates.

4. YOUR OBLIGATIONS

4.1. You represent and warrant that:

  • you are at least eighteen (18) years of age. If you’re under the age of 18, depending on where you live, you may need to have your parent or guardian’s consent to these Terms and they may need to enter into these Terms on your behalf;
  • you are not ordinarily resident of, and will not use or distribute the Website or Services in any country or region subject to U.S. comprehensive country or regional embargos. You further confirm that you are not included on any sanctions list, including without limitation, the U.S. Specially Designated Nationals and Blocked Persons List, maintained by the U.S. (the “SDN List”), or any other applicable sanctions list maintained by the EU, the UK or other, and that you are not owned 50 percent or more, directly or indirectly in the aggregate, by a Sanctioned Party and are not otherwise controlled by such a party (the “Sanctioned Party”). You further confirm that you will not use or distribute the Website or Services directly or indirectly to or for the benefit of a Sanctioned Party. You agree to indemnify Fourth Estate against any and all losses, including without limitation, monetary penalties and legal fees, that Fourth Estate may suffer should you violate any of the forgoing confirmations regarding your non-sanctioned status;
  • you understand that Fourth Estate does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users (as defined below), or your compliance therewith.

4.2. And specifically regarding your User Content:

  • you confirm you own all rights in and to any content, including without limitation, any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, SPIs, APIs, databases, illustrations, compositions, artworks, interfaces, usernames, text, literary works and any other materials, uploaded, developed or provided by you, or imported, connected, copied or uploaded by the Services for you, to your User Platform (the “User Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, connect, develop, publish, transfer or license such User Content, by you and us;
  • you have (and will maintain) the full power, title, licenses, consents and authority to allow the Services to access any websites, web pages and/or other online services, for the purpose of importing, exporting, copying, displaying, uploading, publishing, transmitting and/or otherwise using your User Content;
  • the User Content is (and will continue to be) true, current, accurate, non-harmful, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, export, copy, possess, post, publish, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors, subscribers, customers or users (the “End Users”) reside, or for Fourth Estate and/or your End Users to access, import, export, copy, upload, publish, post, store, use or possess in connection with the Services;
  • you have obtained all consents and permissions required under all applicable laws, regarding the processing, storing, collection, posting, transmission and publication of any personal data and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

4.3. You undertake and agree to:

  • fully comply with all applicable laws and any other contractual terms which govern your use of the Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
  • be solely responsible and liable with respect to any of the uses of the Services which occur under your Account and/or User Platform, and for any of your User Content (including for any consequences of accessing, storing, collecting, importing, exporting, uploading, copying, using or publishing such User Content on or with respect to the Services);
  • allow Fourth Estate to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Fourth Estate’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Fourth Estate or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
  • Fourth Estate’s sole discretion as to the means, manner, and method for performing the Services, including those regarding the hosting, transmission, publication and/or display of any User Platform and/or User Content.

4.4. You agree and undertake not to:

  • submit, transmit or display any User Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Fourth Estate or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
  • use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
  • phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
  • upload, insert, collect or otherwise make available within the Website or the Services (or any part thereof), any malicious, unlawful, defamatory or obscene User Content;
  • publish and/or make any use of the Services on any website, media, network or system other than those provided by Fourth Estate, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Services and/or User Platform (or any part thereof), except as expressly permitted by Fourth Estate, in advance and in writing;
  • use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Services (or its data and/or content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Services;
  • act in a manner which might be perceived as damaging to Fourth Estate’s reputation and goodwill or which may bring Fourth Estate into disrepute or harm;
  • purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Fourth Estate or Fourth Estate marks and/or variations and misspellings thereof;
  • impersonate any person or entity or provide false information on the Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Fourth Estate and/or any End Users;
  • falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Fourth Estate or any third party endorses you, your User Platform, your business or any statement you make;
  • reverse look-up, trace, or seek to trace another User of the Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Services and/or User Platform without their express and informed consent;
  • disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Services, User Platform, the account of another User(s), or any other systems or networks connected to the Services, by hacking, password mining, or other illegitimate or prohibited means;
  • probe, scan, or test the vulnerability of the Services or any network connected to the Services;
  • upload to the Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Fourth Estate’s systems or networks connected to the Services, or otherwise interfere with or disrupt the operation of any of the Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
  • use any of the Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
  • utilize any of the Services or Fourth Estate systems for storage and/or video streaming purposes (whether for main streaming purposes or not). For example, creating and operating websites whose purpose is video streaming or main purpose is file storage. Including indirect utilization, through integration or connection with third-party platforms or services;
  • access to the Services, Account and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces;
  • sell, license, or exploit for any commercial purposes any use of or access to the Services, except as expressly permitted by these Terms;
  • remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors contained in or accompanying the Services;
  • violate, attempt to violate, or otherwise fail to comply with these Terms or any laws or requirements applicable to your use of the Services; or
  • access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.

​You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

5. CONTENT AND OWNERSHIP

5.1. Your Intellectual Property

As between Fourth Estate and you, you shall own all intellectual property pertaining to your User Content. Fourth Estate does not claim ownership rights on your User Content. You know and agree that in order to provide the Services to you and to maintain and improve the Services (the “Purpose”) we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN’s, to make display adjustments, to backup and perform any other technical actions and/or uses required to perform our Services, as we deem fit. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for the Purpose.

5.2. Fourth Estate’ s Intellectual Property

All rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Services, methods, products, algorithms, data, interactive features and objects, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, the “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Fourth Estate.

Subject to your full compliance with these Terms and timely payment of all applicable Fees (as defined below), Fourth Estate hereby grants you, upon creating of your Account and for as long as Fourth Estate wishes to provide you with the Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services for the purpose of generating and displaying your User Platform to End Users solely as expressly permitted under these Terms, and solely within the Services.

These Terms do not convey any right or interest in or to Fourth Estate’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of Fourth Estate’s Intellectual Property rights under any law.

5.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (the “Feedback”), you grant to Fourth Estate a fully paid-up, royalty-free, worldwide, transferable, sub-licensable (through multiple layers), assignable, irrevocable and perpetual license to implement, use, modify, commercially exploit, incorporate into the Services or otherwise use Feedback. Fourth Estate also reserves the right to seek intellectual property protection for any features, functionality or components that may be based on or that were initiated by Feedback.

5.4. Use of the User’s Mark

The User agrees that Fourth Estate may (i) use the User’s name, trademark, style and logo in marketing materials, Fourth Estate’s website, etc.; (ii) conduct other marketing activities that promote the benefits of the Services to other potential customers by indicating the User as a customer of Fourth Estate.

6. PRIVACY

6.1. Privacy Policy and Data Processing Agreement

We encourage you to read our Privacy Policy and each such Third Party Services and Third Party Sites’ relevant policies on a regular basis, for a description of such data collection and use practices. Our Data Processing Agreement explains how we treat and secure the Personal Data (this term is defined in our Privacy Policy) of the End Users.

6.2. Sensitive Personal Information

The User agrees not to use the Services to collect, store, process or transmit any Sensitive Personal Information (as defined below). The User acknowledges that unless confirmed in writing, Fourth Estate is not a Business Associate or subcontractor (as those terms are defined in HIPAA). Fourth Estate will have no liability under these Terms for Sensitive Personal Information, notwithstanding anything to the contrary herein. For the purpose of this Section, Sensitive Personal Information means any of the following: (i) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act ("HIPAA"); or (ii) any other personal data deemed to be in a "special category" (as identified in EU General Data Protection Regulation or any successor directive or regulation).

7. SERVICE FEES

7.1. Service Order

The User may order the Services through a service order form or online ordering document generated by Fourth Estate, which may detail, among other things, the Fees, Services Plan and Subscription Period (the “Service Order”).

7.2. Payment Terms

Fourth Estate offers the Services through various packaged plans, each with its own set of functionalities and features (the “Services Plan”). The access and use of the Services is subject to payment of particular fees, as determined by Fourth Estate in its sole discretion (the “Fees”). Fourth Estate will notify you of the Fees then in effect, you need to pay directly to Fourth Estate in relation to the Services you decide to purchase. If you wish to receive or use the Services, you are required to pay all applicable Fees in advance. All Fees shall be deemed to be in the U.S. Dollars, except as specifically stated otherwise in writing by Fourth Estate or in the Service Order. To the extent permitted by law (and unless specified otherwise by Fourth Estate in writing), all Fees are exclusive of all taxes (including value-added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (the “Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the Services, or to any payments or purchases made by you. If Fourth Estate is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of the Services or in connection with the renewal thereof. Fourth Estate is not responsible for any such additional fees or costs. All Fees paid to Fourth Estate are final and non-refundable.

7.3. Fees Changes

We may change our Fees at any time. We’ll provide you with advance notice of these Fees changes. New Fees will not apply retroactively. If you don't agree with the Fees changes, you have the right to reject the change by canceling the applicable Services as defined in the Section 10.2. before your next Subscription Period.

7.4. Invoices

Fourth Estate will issue an invoice for any payment of the Fees (the “Invoice”). Each Invoice will be issued in electronic form and will be made available to you via your Account. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Data (this term is defined in our Privacy Policy). Please note that the Invoice presented in your Account may not meet the requirements of local law. In such cases, the Invoice may be used for preliminary purposes only and should not be used as an official document for tax, legal, or any other official purposes without additional verification and confirmation of its compliance with local requirements.

7.5. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, the Services include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, the Services will automatically renew upon the end of the applicable period during which the User has subscribed to the Services (the “Subscription Period”) for a renewal period equal in time to the original Subscription Period (excluding extended periods) and, unless otherwise notified to you by Fourth Estate, at the same Fees (subject to applicable Taxes changes) (the “Renewing Services”). For example, if the original Subscription Period is one month, each of its renewal periods (where applicable) will be for one month.

Accordingly, where applicable, Fourth Estate will attempt to automatically charge you the applicable Fees using the payment method you provide with your Account, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or terminate your Account, without further notice. If your Renewing Services are subject to a yearly or multiple-year Subscription Period, Fourth Estate will endeavor to provide you a notice prior to the renewal of such Services at least thirty (30) days in advance of the renewal date.

By entering into these Terms and by purchasing the Renewing Services, you acknowledge and agree that the Renewing Services shall automatically renew in accordance with the above terms. You may turn off the auto-renewal option for the Renewing Services at any time via your Account.

Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the Services you use (whether or not such Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against Fourth Estate in relation to the discontinuation of any Services or Third Party Services, for whatever reason.

7.6. Upgrades and Downgrades

If the User decides to upgrade the Services Plan, the User shall pay only the difference in Fees between the current and new Services Plan. This difference will be calculated and charged at the time of the upgrade. The User will gain access to the new Services Plan immediately upon payment. The User can choose to downgrade the Services Plan, such changes will take effect from the beginning of the subsequent Subscription Period.

7.7. Chargebacks

If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due to Fourth Estate, on your Account (the “Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Services may be automatically disabled or terminated.

In the event a Chargeback is performed, your Account may be blocked without the option to re-purchase or re-use it, and any data contained in such Account, including the Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 10.5. below).

Your use of the Services will not resume until you re-subscribe for any such Services, and pay any applicable Fees in full, including any fees and expenses incurred by Fourth Estate and/or any Third Party Services for each Chargeback received (including Fees for the Services provided prior to the Chargeback, handling and processing charges and fees incurred by the Payment Processor).

If you have any questions or concerns regarding a payment made by you to Fourth Estate, we encourage you to first contact us as set forth in the Section 16.10. before filing a Chargeback or reversal of payment, in order to prevent the Services from being canceled and your Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Services purchased (and charged-back) by you.

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and received or made use of the services rendered thereafter.

7.8. Payment Processor

We use third party payment processors (each, a “Payment Processor”) to charge you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all Fees at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.

8. FREE TRIAL

The Services may offer a free trial so you can try out your subscription. We may make such Services available to you on a trial basis free of charge until the earlier of (unless otherwise stated in the Service Order): (a) the end of the free trial period for which you registered to use the Services; (b) the start date of the subscription purchased by you to the Services; or (c) termination of the trial by us in our sole discretion. Trial terms and conditions may appear on the trial registration web page. YOUR USER CONTENT AND THE INFORMATION THAT IS BEING PROCESSED BY YOU REGARDING YOUR USER PLATFORM, INCLUDING WITH RESPECT TO THE END USERS, AND ANY APPLICATIONS FEATURES, SERVICES, AND/OR THIRD PARTY SERVICES USED, CONNECTED, PRESENTED OR DEVELOPED BY YOU DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE THE SUBSCRIPTION TO THE SERVICES OR SAVE AND BACK UP SUCH DATA BEFORE THE END OF THE TRIAL PERIOD.

9. CONFIDENTIAL INFORMATION

9.1. Scope of Confidential Information

“Confidential Information” means all information disclosed by one Party to the other Party which is in tangible form and designated as confidential or is information, regardless of form, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including but not limited to the product plans and designs, business processes, security notifications, and customer advocacy communications. Notwithstanding the foregoing, Confidential Information shall not include information that (a) was already known to the receiving Party at the time of disclosure by the disclosing Party; (b) was or is obtained by the receiving Party from a third party not known by the receiving Party to be under an obligation of confidentiality with respect to such information; (c) is or becomes generally available to the public other than by violation of these Terms or another valid agreement between the Parties; or (d) was or is independently developed by the receiving Party without the use of the disclosing Party’s Confidential Information.

9.2. Protection and Use of Confidential Information

In connection with the Services, each Party will protect the other’s Confidential Information from unauthorized use, access or disclosure in the same manner as each Party protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each Party may use the other Party’s Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms and shall disclose such Confidential Information (a) solely to the employees and/or non-employee service providers and contractors who have a need to know such Confidential Information and who are bound by terms of confidentiality intended to prevent the misuse of such Confidential Information; (b) as necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction; or (c) as reasonably necessary to comply with any applicable law or regulation. This Section shall not apply to any information which (a) was publicly known prior to the time of disclosure by the disclosing Party, or (b) becomes publicly known after such disclosure through no action or inaction of the receiving Party in violation of these Terms. For clarity, any exchange of Confidential Information prior to the execution of these Terms shall continue to be governed by any such non-disclosure agreement. Given the unique nature of Confidential Information, the Parties agree that any violation or threatened violation by a Party to these Terms with respect to Confidential Information may cause irreparable injury to the other Party. Therefore, the Parties agree such violation or threatened violation shall entitle the other Party to seek injunctive or other equitable relief in addition to all legal remedies.

10. TERM AND TERMINATION

10.1. Term

The term of these Terms begins on the Effective Date and will remain in effect as long as the User has a valid Service Order(s)/Account (in case if the User does not execute the Service Order) or until these Terms are otherwise terminated in accordance with the terms hereof, whichever occurs first.

10.2 Termination by the User

You may terminate your Account, any User Platform, cancel any Services in accordance with the instructions available on the Account.

The effective date and time for termination of your Account or User Platform shall be the date and time on which you have completed the termination process on the Account.

The effective date for cancellation of the Services shall be at the end of current Subscription Period unless you decide to terminate your Account or User Platform during this period, in which case such Services will be canceled on the date and time on which you have completed the termination process of your Account or User Platform on the Account.

Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Services, such Renewing Services will be canceled upon the expiration of the current Subscription Period, unless you decide to terminate your Account or User Platform during this period, in which case such Renewing Services will be canceled on the date and time on which you have completed the termination process of your Account or User Platform on the Account. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge, the cancellation request should be made - at least fourteen (14) days prior to the expiration of the current Subscription Period.​

Notwithstanding anything to the contrary in the foregoing, termination of your Account or User Platform will automatically cancel the Services. With termination of your Account or User Platform, or cancellation the Services, your applicable Service Order will be terminated.

10.3. Termination by Fourth Estate

Fourth Estate reserves the right to suspend or terminate your Account and User Platform (or certain features thereof), as well as cancel the provision of any related Services or Third Party Services to you if Fourth Estate reasonably believes that the User or Permitted Users have violated these Terms. Unless legally prohibited from doing so or where Fourth Estate is legally required to take immediate action, Fourth Estate will use commercially reasonable efforts to notify the User via email when taking any of the foregoing actions. Fourth Estate shall not be liable to the User, Permitted Users or any other third party for any modification, suspension or discontinuation of the User's rights to access and use the Services or Third Party Services. Fourth Estate may refer any suspected fraudulent, abusive, or illegal activity by the Users or Permitted Users to law enforcement authorities at Fourth Estate's sole discretion.

10.4. Effect of Termination

Sections 5, 9, 13 - 16 shall survive the termination of these Terms. Termination of the Account or User Platform or cancellation of the Services shall not limit the User’s liability for obligations accrued as of or prior to termination or cancellation.

10.5. Loss of Data, Content and Capacity

If your Account or User Platform is terminated or any Services or Third Party Services related to your Account are canceled (whether at your request or at Fourth Estate’s discretion), it may cause or result in the loss of certain content, features, or capacity of your Account, including your User Content, Personal Data, Personal Data of the End Users, Permitted Users, or other data retained therein (the “Capacity Loss”). Fourth Estate shall not be liable in any way for such Capacity Loss or for saving a backup of your Account, User Content, Personal Data, the Personal Data of your End Users, Permitted Users, or other data retained therein. You should regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to your End Users, and any applications features, services, and/or Third Party Services used, connected, presented or developed by you. Following the termination of your Account or User Platform, Fourth Estate reserves the right to delete all data unless prohibited by law or legal order.

11. THIRD PARTY TERMS

11.1. Third Party Services

The Services enable you to engage, connect, further develop, and procure various third-party services and applications (collectively, the “Third Party Services”) that may make their content, products, or services available to you. You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you, Fourth Estate merely acts as an intermediary platform between you and such Third Party Services and does not in any way endorse any such Third Party Services, nor shall be in any way responsible or liable with respect thereto. Fourth Estate will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third Party Services. You acknowledge that such services may require the payment of additional amounts to the providers of such Third Party Services.

The Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. Any information that the Third Party Services collect, store, and process from you or your User Platform will be subject to such Third Party Services’ terms of service, privacy policy, or similar terms, and will not be subject to our Privacy Policy or Data Processing Agreement. Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, so please evaluate and ensure you trust each Third Party Service prior to engaging with them.

While we hope to avoid such instances, Fourth Estate may, at any time and at its sole discretion, suspend, disable access to, or remove from your Account, any User Platform, and/or the Services, any Third Party Services – whether or not incorporated with or made part of your Account and/or User Platform at such time – without any liability to you or to any End Users.

11.2. Third Party Sites

The Services may contain links to third party sites (the “Third Party Sites”). When you access Third Party Sites, you do so at your own risk. We don’t control and aren’t liable for those sites and what those third parties do. We strongly advise you to read the terms and conditions, privacy policies or other legal agreements of any Third Party Sites that you visit.

12. INTELLECTUAL PROPERTY RIGHTS PROTECTION

If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, please notify us by email immediately with the following information: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Fourth Estate to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

Please note that by submitting a notification as per the above, you agree that Fourth Estate may provide copies of such notification to the alleged infringer and that the information in such notification is subject to the Privacy Policy. In addition, you will be liable for any damages (including costs and attorneys’ fees) incurred by Fourth Estate or the alleged infringer in the event you knowingly and materially misrepresent that any content is infringing (taking into consideration copyright defences (such as fair use) and exceptions). If you are unsure whether content you are reporting is infringing, you should contact an attorney before filing a notification. Fourth Estate cannot provide you with legal advice as to whether or not you are entitled to file a notification.

We will investigate all proper written notifications. As part of our response, we may cancel your Account, take your User Platform down or remove or disable access to allegedly infringing content without any refunds.

13. DISCLAIMER OF WARRANTIES

We provide the Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Services (or any part, feature or content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services and Third Party Sites) mentioned on or made available via the Services – so please be sure to verify those before using or otherwise engaging them.

Fourth Estate may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may Fourth Estate be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, Fourth Estate shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the Services and/or connecting and/or dealing with any Third Party Services and Third Party Sites through or in connection with the Services, and that Fourth Estate cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and Third Party Sites, breach of warranty and/or contract, violation of rights, and any consequent claims.

Fourth Estate does not recommend the use of the Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain Services are currently offered in their BETA version, and undergoing BETA testing. In addition to the aforesaid, you understand and agree that certain Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the Services at this BETA stage signifies your agreement to the above and to participate in such Services’ BETA testing.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW IN EACH APPLICABLE JURISDICTION, FOURTH ESTATE AND ITS RESPECTIVE PAST, PRESENT, AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, AGENTS, REPRESENTATIVES, PREDECESSORS (THE “FOURTH ESTATE ENTITIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES RESULTING FROM (1) ERRORS, MISTAKES, OR INACCURACIES OF OR IN ANY CONTENT; (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL DATA AND/OR OTHER INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) THE USE OR DISPLAY OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; (6) EVENTS BEYOND THE REASONABLE CONTROL OF FOURTH ESTATE, INCLUDING ANY INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EARTHQUAKES, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, INTERGALACTIC STRUGGLES, GOVERNMENTAL ACTIONS, ORDERS OF COURTS, AGENCIES OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES; AND/OR (7) LOSS OF USE, DATA, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR THE INABILITY TO USE ANY OR ALL OF THE SERVICES. SUCH LIMITATIONS WILL APPLY EVEN IF FOURTH ESTATE OR FOURTH ESTATE ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FOURTH ESTATE AND FOURTH ESTATE ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES AND THESE TERMS EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO FOURTH ESTATE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO SUCH CLAIM.

15. INDEMNITY

You agree to defend, indemnify and hold harmless Fourth Estate and Fourth Estate Entities from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the Services, including, without limitation, the Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

16. GENERAL

​16.1. Modification to the Services

Fourth Estate reserves the right to change, suspend or terminate any of the Services (or any features thereof, or Fees applicable thereto), and/or cancel your access to any of the Services (including removal of any materials created by you in connection with the Services) for any reason, at any time and in any manner.

You agree that Fourth Estate will not be liable to you or to any third party for any modification, suspension or discontinuance of those Services (or materials, content or services created, developed or connected by you in connection with the Services).

16.2. Modification to the Terms

Fourth Estate reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting such changes on or through the Website. Please check these Terms periodically for changes. The User continued use of the Services after such changes have been posted as provided above constitutes their binding acceptance of such changes. Such amended Terms will automatically be effective upon the earlier of (i) the User continued use of the Services, or (ii) thirty (30) days from posting of such modified Terms on or through the Website. Notwithstanding the foregoing, the resolution of any dispute that arises between the User and Fourth Estate will be governed by these Terms in effect at the time such dispute arose. If you do not agree to the modified Terms, then you should terminate your Account as defined in the Section 10.2.

16.3. Governing Law and Jurisdiction

In the event of a dispute, controversy or claim arising out of or in relation to these Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either Party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either Party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, then any dispute, controversy or claim arising out of or in relation to these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, and the courts of the State of Delaware shall have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to these Terms.

16.4. Notices

We may provide you with notices in any of the following methods: (1) via the Account, or elsewhere; (2) by an email, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Fourth Estate’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods unless otherwise indicated in the notice.

16.5. Relationship

These Terms, and your use of the Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Fourth Estate and you.

16.6. Entire Agreement

These Terms and any other legal or fee notices provided to you by Fourth Estate, shall constitute the entire agreement between you and Fourth Estate concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Fourth Estate and you, including those made by or between any of our respective representatives, with respect to any of the Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Fourth Estate in entering into any of these Terms.

16.7. Assignment

Fourth Estate may assign its rights and/or obligations under these Terms and/or transfer ownership rights and title in the Services to the respective permitted successors, permitted assigns, permitted transferees and permitted delegates of each, without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations under these Terms without the prior written consent of Fourth Estate. Any attempted or actual assignment thereof without Fourth Estate’s prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section shall not in itself grant either Fourth Estate or you the right to cancel any Services or Third Party Services then in effect.

16.8. Severability & Waivers

If any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

16.9. Interpretation

Any heading, caption or section title contained herein is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

These Terms were written in English, and translated into other languages for your convenience. You may access and view other language versions by changing your language settings. If a translated (non-English) version of these Terms conflicts in any way with their English version, the provisions of the English version shall prevail.

16.10. Contact Us

If you have any questions or suggestions, please contact us by email at: [email protected]