Terms of Use

Last updated: January 17, 2024

These Terms of Use (‘Terms’) are a legally binding contract between you (‘User’ or ‘you’), a user of the https://cheqmark.io website (‘Website’) and us, Cheqmark (‘we’, ‘Cheqmark.io’, ‘Company’, ‘us’).

The Terms govern your rights and duties concerning your use of the Website and services we provide via the Website. We invite you to carefully read these Terms before using our Website and services.

By accessing our Website, you agree to be bound by the Terms. If you do not want to be bound by the Terms, you should not use the Website.

If you have any questions regarding the use of the Website, these Terms or any services provided by Cheqmark.io, just drop us a line at [email protected].

Our Services

Cheqmark (known on this page as "Cheqmark.io") provides a checklist creation tool (known on this page as "Service(s)"). Users of the Service (from here on known as “Users”, "Members" or “Registrants” also understand that the Service may include certain communications from Cheqmark.io, such as service announcements, new feature announcements, administrative messages and survey invitations and that these communications are considered part of Cheqmark.io services. Any new features that augment or enhance the current Service shall be subject to these Terms of Use.

Your account. In order to benefit from our Services, you need to create an account on the Website. During the registration, we will ask you for your name and email address. You will also need to create a password. You should not disclose your sign-in information to any third parties and you should be solely responsible for keeping it secure. Eventually, you also should be responsible for all actions made within your account. You may choose to delete your account at any time.

Privacy and Communications

Cheqmark is committed to protecting your privacy. To find out how we collect and process your personal data, and what your rights are, please see our Privacy Policy and Cookie Policy.

Unless you otherwise request us in writing, you agree to receive in electronic form all the information that we may be required by law to provide to you in writing. In particular, you agree to receive in electronic form all legal and regulatory disclosures and communications, notices and disclosures about a change in the Terms, privacy policies and notices as well as billing statements.

Communications that we may provide to you in electronic form can be provided either via email or by access to the Website. You agree that these electronic communications satisfy any legal requirement that such communications be in writing. In all cases, we will assume that you are properly notified when we send the communication to the email address you have provided us during the registration, or when we post content on the Website.

You should be responsible for keeping your email address updated as well as other account information. You should regularly check the Website for the relevant updates.

Sometimes we may send newsletters and other communication to our Users. We may do so to provide you with the requested Services, enhance user experience and provide you with some useful information, notify you on any updates regarding our Website or Services and inform about our or our partners’ offers. In no case we will overwhelm you with hundreds of letters. But you can choose to stop receiving our emails at any time. If you want to cease this type of communication, simply use “Unsubscribe” button which is present in each of our emails, or contact us at [email protected].

Purchases

Your account. In order to benefit from our Services, you need to create an account on the Website. During the registration, we will ask you for your name, lastname and email address. You will also need to create a password. You should not disclose your sign-in information to any third parties and you should be solely responsible for keeping it secure. Eventually, you also should be responsible for all actions made within your account. You may choose to delete your account at any time.

Free services. You may use some of our Services for free. With our free templates, you will normally have a 24-hours access to the features of the Website. To access and edit your content after 24 hours expire, you need to save new template to your collection or proceed with a subscription. Any content you create on the Website while using our free services, as well as any configurations within your Account may be permanently lost at any time without prior notice.

Subscription. Other Services may require you to make a purchase. These Services are available under several subscription plans (‘Subscription(s)’). All updated information on available Subscriptions as well as details on their conditions are available on our Website. We reserve the right to amend and change Subscriptions and their conditions as well as to create new Subscriptions and cease others at any time. This, however, will not influence your current Subscription within a pre-paid period.

One-time payments (Pay for one). You can also select a Premium template and make a one-time payment to have access to it during 24 hours. After 24 hours expire to make changes to your Premium templates you will have to purchase a subscription. All updated information on available One-time payments as well as details on their conditions are available on our Website (on the Templates gallery page). We reserve the right to amend and change One-time payments and their conditions as well as to create new and cease others at any time. If you have a subscription on our website and it expires, you will be able only to restore it and not able to select a one-time purchase again.

Payment for the Subscription or One-time. Our Services within a chosen Product will become available for you only after the payment is made in full. You may choose a payment method from those proposed on the Website. Please take into account that all payments are carried out by the intermediary services and not Cheqmark itself.

We recommend that you carefully read the terms of service provision of the selected financial intermediary, as well as its privacy policies. Please pay attention that your relations with such financial intermediary are governed by a separate agreement.

The available scope of the Services within each of the Subscriptions is automatically renewed according to the conditions of the chosen Subscription (e.g. quarterly or yearly). The respective payment will be carried out unless you decide to cancel or change your Subscription prior to the payment date. In addition, when you cancel the Subscription, your account will be active, and you will still receive the Services as long as the term for which you have paid for the Services is over. Canceling the Subscription does not mean the same as deleting your account, you may delete your account separately.

By making the payment for the Services, you consent and authorize Cheqmark (or our financial intermediary) to automatically debit your credit card or another authorized payment method used for the payment in order to carry out future payments according to the conditions of the chosen Subscription.

You should bear all costs charged by your bank (or financial intermediary) as may be necessary to enable the respective transaction.

After each successful payment, we (or our financial intermediary) will send you a receipt. A failure of payment may lead to cancellation of your Subscription without prior notice to you.

Changing Subscription. You are free to cancel or change (upgrade quarterly Subscription to yearly) your Subscription at any time. You can upgrade your subscription in your account settings. When you request us to upgrade your current Subscription, we will charge you with the difference in price between your current and the newly chosen Subscriptions, proportionally taking into account the time when you made an upgrade (so-called “prorated package difference”), to provide you with the requested Services as soon as possible.

When you cancel the Subscription, we will deactivate all the deliverables produced within such Subscription or adjust them to the available free options.

Renewals

By default, the Services within Subscriptions are automatically renewed, and the respective payments are automatically charged on a recurring-fees basis. We will notify you about the potential renewal 7 days prior to such renewal, to give you a chance to cancel the Subscription if necessary. In case we decide not to offer your current Subscription (or your Subscription on the current conditions) anymore, you will be renewed with the most similar Subscription available at the moment.

We will remind you about the upcoming change before it happens. If you do not want to renew your Subscription, you should send us an email with a request to change or cancel your Subscription at [email protected], before the date of the renewal (earlier than the payment is made).

Refunds

You may cancel your Subscription and get a full refund only in exceptional cases, if within 7 (seven) calendar days after the first payment for your first Subscription you have found technical issues in our Services, which do not allow you to use our Services as described in these Terms. You can submit a refund request by contacting us at [email protected]

After the end of the withdrawal period, you will not be able to receive a refund even if you decide not to use our Services anymore.

We are not generally obliged to make a refund when:

• your request is based on your mistake; or
• you lack the expertise to use our Services; or
• you have changed your mind regarding the use of the Services, or
• you have breached these Terms, or
• you have requested for a refund for recurring payment, or
• you have purchased a one-time Premium template

Cheqmark has the right to modify the content of paid plans and charge for the services which are offered for free now. We may notify you of the modification of paid plans at relevant pages before action. You can stop using the services anytime if you disagree.

Warranties and Representations

You hereby warrant and represent that:

• you have a full legal capacity under the laws of your residency to be bound by the Terms and to use our Services;
• if you represent the other person or you are acting on behalf of your company - you are authorized to do so;
• any U.S. or other export and re-export restrictions and sanctions that may cover our Services do not apply to you;
• you understand and agree that you are solely responsible for protecting the confidentiality of your account sign-in information;
• any information you submit to Cheqmark is accurate and up to date;
• content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person;
• you will not commercially exploit the Services in any way, including, by (sub)licensing, (re)selling, transferring, assigning, distributing the Services to any third party in any way, unless you are expressly authorized to do so;
• you will use the Services for lawful purposes only and subject to these Terms;
• you will not infringe our intellectual property rights in any way;
• you will not perform acts aimed at a breach of normal functioning of the Website or the Services;
• while using our Website or Services, you will not engage into any activity leading to the violation of applicable laws, both using software and through your direct acts;
• you will not facilitate or support any of the actions described above;
• by uploading your content to the Website, you represent and warrant that you are authorized to do so and you are capable of granting us a license to use your content.

If you do not have the capacity to be bound by the Terms and to use our Services, you and your parents (principal) shall undertake all the consequences resulted from your acceptance of the Terms.

Disclaimers and Liability

You use the Services at your own risk and subject to the disclaimers set in these Terms.

The Services are provided to you on the “as-is” and ”as available” basis. This means that we cannot (and we do not) make the warranty that the Services will be uninterrupted, timely, or error-free. We shall not be obliged to ensure the operation of the Website or Services on all platforms, for all devices or under certain specific conditions.

We disclaim all warranties and conditions, either expressed, implied or statutory, including, but not limited to any warranties or conditions of fitness for a purpose, lack of viruses, accuracy or completeness of any information, workmanlike performance and lack of negligence as regards our Services. In addition, there is no warranty or condition as to the correspondence to description.

The Company also does not make any warranties about the suitability, accuracy or completeness and usefulness of the information materials available on the Website. You use any such materials and take any decisions based on such materials at your own risk. We disclaim any liability of the Company for the use of such materials.

To the maximum extent permitted by the law, in no event shall the Company be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to the damages for loss of profits) arising out of or in any way related to the use of or inability to use the Services, or otherwise under or in connection with any provision of these Terms, even in the event of strict liability. This limitation should apply even if the Company has been advised of the possibility of such damages.

Some links on the Website may allow you to leave the Website and visit some third-party websites and services. For instance, we may provide you with links to our profiles in social media, to our clients’ or partners’ websites etc. Such third-party websites and services are not under our control, and we are not responsible for them. We may provide you with these links only for your convenience, and the inclusion of any such link does not imply our endorsement of such third-party websites or services unless otherwise is expressly stated by us. You use all third-party websites and services at your own risk.

You exempt Cheqmark.io from the liability for any acts, omissions or consequences related to or resulting from your use of our Services or any your violation of these Terms.

Any use of the Website or Services which we find inappropriate and/or offensive may result in suspension and/or termination of your use without any notice.

Applicable Law and Dispute Resolution

These Terms and other relationships between you and Cheqmark shall be governed by the laws of Ukraine.

All disputes and disagreements that might arise from these Terms shall be resolved through negotiations. For the purposes of the settlement of such disputes, e-mail correspondence with the authorized persons of Cheqmark at [email protected] shall be the effective and binding method of communication.

For non-US residents:

Any dispute, controversy or claim arising out of or relating to these Terms, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, if not resolved during negotiations, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. The place of arbitration will be the Ukraine. The language to be used in the arbitral proceedings will be Ukrainian. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

For US-residents:

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Ukraine before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Changes to Terms

Cheqmark.io has the discretion to update this Terms at any time. When we do, we will post a notification on the main page of our Site. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this Terms periodically and become aware of modifications.

Contact us

Email: [email protected].

Address: 82/40 A. Sakharova St, Lviv, Ukraine