This column is the legally binding terms of service.
This column will provide a short friendly explanation of the legal content on the left. The information in this column is not legally binding. It is also not a substitute for you seeking legal advice from your own lawyer.
Welcome to Consol!
Thanks for using our online products and software as a service (“Services”). DoEngine LLC doing business as Consol (“Consol,” “DoEngine,” “we,” “us,” “our”), a Wyoming limited liability company headquartered in Fort Collins, Colorado, provides these Services according to these Terms of Service (“Terms”), which constitute an agreement (“Agreement”) between us and you.
Consol and You.
By using our Services, you agree to these Terms. Please read them carefully as they constitute a binding Agreement between Consol and each customer of Consol’s online Services.
This is a binding agreement.
1.1 Business Uses
If you are using our Services on behalf of a business, that business accepts these Terms, and you warrant that you have the full right and authority to enter into, execute, and perform that business’s obligations under this Agreement. That business will hold harmless and indemnify Consol and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.
If you are acting on behalf of a business, the business is bound to this agreement.
1.2 If You Reject this Agreement
You may reject these Terms of this Agreement, but if you do, you are not permitted to use our Services. No additional or contrary terms shall apply between Consol and you unless we and you agree to them in a separate written agreement.
You can reject this agreement, but if you do you may not use our Services.
2. Using Our Services
You must agree to and, as applicable, abide by all of our Policies, which we make available here and which we may also make available within the Services.
You must follow all of our Policies.
You may not misuse our Services. For example, you may not interfere with our Services or attempt to access them using a method other than the interface and the instructions we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you fail to comply with these Terms or our Policies and we may also stop providing our Services while we are investigating suspected misuse or misconduct.
Do not misuse our services or act illegally.
2.3 Intellectual Property in our Services
Your use of our Services does not give you any right, title, or interest in any intellectual property rights in our Services or the content you access.
Our intellectual property stays with us.
Furthermore, you may not use content from our Services or otherwise placed or stored on our platform unless you obtain permission from the content’s owner or are otherwise permitted to use it by law.
You must respect all intellectual property rights to use our Services.
You may not use any branding, or logos used in our Services, and you may not use Consol’s trademark or tradedress without explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.
You may not use our trademarks without written permission.
2.4 Review of Content
Our Services display content that is not Consol’s. Such content is the sole responsibility of whichever entity or that makes it available on our Services. We may review content to determine whether it is illegal or violates our Policies, and if so, we may remove or refuse to display content which we reasonably believe violates our Policies, these Terms, or the law. However, that does not necessarily mean we review content; therefore, you may not rely on the possibility that we may do so.
We may but do not have to review content for illegality or violations of our Policies. If we do, we may remove bad content.
2.5 Mobile Devices
Whether or not we make our Services available on mobile devices, you agree not to use our Services in such a way that distracts you or prevents you from driving, flying, boating, or otherwise transiting in a safe manner or from obeying all applicable traffic, flight, marine, and safety laws.
Don’t text and drive. Don’t use Consol while you drive.
We may send you service announcements, administrative messages, and other information. You may opt out of some of these communications.
We may send you messages. You can usually opt out.
3. Your Consol Account
You will need a Consol Account and to pay for one or more Subscriptions to use most or all of our Services. You may create your own Consol Account, or an administrator (such as your employer or educational institution) may assign you a Consol Account. If you use a Consol Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your Account, its content, or both.
You’ll probably need a Consol Account and to pay for Subscription(s) to our Services.
You must keep your Consol Account password and if applicable, your Encryption-Specific Password (ESP) confidential. You should not reuse your Consol Account password or ESP on third-party applications or with any other account.
Keep your passwords safe.
If you are using our limited End-to-End Encryption (E2EE) service, you are responsible for remembering your Encryption-Specific Password (ESP). It is not possible for us to retrieve an ESP or help you retrieve and ESP. If you forget your ESP, any data that is encrypted will be lost. We are not liable for data loss.
If you forget your Encryption-Specific Password (ESP), there’s no way to retrieve it and you will lose any data you encrypted.
3.2 Unauthorized Use
If you learn of or suspect unauthorized use of your password, Consol Account, or Encryption-Specific Password (ESP), follow these instructions. You remain responsible for any activity that happens on or through your Consol Account, even if you do not authorize the activity.
You’re responsible for what happens if you don’t.
3.3 Paid Subscriptions
We may offer you paid “Subscriptions” to our Services on monthly, semi-annual, or annual bases. Subject to these Terms, and upon full and complete advance payment for each relevant billing period, your access to the Services will continue through the end of any such Subscriptions for so long as we accept payment and do not otherwise elect to suspend or terminate provision of Services to you and for so long as you allow us to take applicable payment from you. If you do not provide us an updated valid method of electronic payment, we will suspend any paid Subscription to the Services until you pay for the renewal of such Subscriptions.
If we terminate the provision of Services to you or terminate your Consol Account because you have violated these Terms (other than suspension for nonpayment), we are not obligated to refund your payments. If we terminate your Consol Account or terminate any of your paid Subscription(s) without good cause, or if you terminate your Consol Account or terminate any paid Subscription(s) we will provide you a pro-rated refund for the days remaining but unused in your Subscription.
If you violate these Terms or act illegally, we may not give you a refund when we terminate your Subscription or Account. Otherwise, if you cancel or we terminate, you will receive a pro-rated refund.
3.4 Data Storage Limit
We may impose a data storage limit on your use of our Services at any time, in any reason, in our sole discretion. Unless otherwise specified in a separate written agreement or unless we impose a different limit on your Consol Account pursuant to this term, the default data storage limit for all data comprising a user’s Consol account is 20 gigabytes.
This section 3.4, new as of August 12, 2016, enters into force as of September 1, 2016.
As of 9/1/2016, you may store up to 20GB at a time in your Consol account.
Unless otherwise specified in a separate written agreement your Subscription fees are due and payable in advance of any period in which you use our Services. All prices and fees are exclusive of tax, and you shall be responsible for paying taxes arising from our provision of Services.
Subscription fees do not include taxes, if you have to pay taxes on the Subscription.
4. Privacy & Copyright Protection
Consol’s Privacy Policies explain how we handle your personal data and protect your privacy while you use our Services. By using our Services, you agree that Consol can use such data according to our Privacy Policies.
See our Privacy Policies to know how your data is handled.
4.1 Digital Millennium Copyright Act
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set forth under the United States Digital Millennium Copyright Act (DMCA). If you believe another person is violating your copyrights and you desire to notify us, please read and follow Consol’s DMCA Policy.
We remove infringing material according to the DMCA.
5. Your Content in Our Services
Our Services allow you to upload, submit, store, send or receive content. You retain the right, title, and interest in any intellectual property that you hold in such content.
You keep the intellectual property to your own content.
5.1 Your License to Consol
When you upload, submit, store, send, or receive content to or through our Services, you give Consol—as well as third parties we may use to provide the Services to you—a worldwide license to use, host, store, reproduce, modify, create derivative works upon, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant under this license are for the limited purpose of Consol’s operation, promotion, and improvement of our Services, as well as to develop new Services. This license continues even after you stop using our Services, particularly as to content you leave on (or fail to delete from) our platform or content you have shared with other Consol users through our Services. You agree that you have the necessary rights to grant us this license for any content you upload, submit, store, or send to or through our Services.
Because it’s legally necessary, you license your content to us so we can provide you the Services with and for content you upload. For example, anying feature related to sharing with other users would not be possible without you licensing your content to us.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation, compensation, or additional consideration to you.
We may use your feedback to promote Consol.
6. Our Warranties & Disclaimers
Other than as may be set forth elsewhere in these Terms or in additional written terms which we and you agree to, neither Consol nor its suppliers or distributors make any specific promises about the services. Consol disclaims all promises and makes no commitments about the content within the Services. By way of example but not limitation, Consol disclaims all promises and makes no commitments pertaining to:
- the retention or deletion of your content or data or the content or data of any other user;
- the effectiveness or comprehensiveness of any encryption or decryption technology that you may employ through our Services (see also Section 6.1, below); and
- the specific functions of the services, service levels, uptime, or the reliability, availability, or ability of the Services to meet your needs.
We provide all Services “as is.”
Some jurisdictions provide for certain warranties, such as the implied warranty of merchantabilty, implied warranty of fitness for a particular purpose, and warranty of noninfringement. To the maximum extent permitted by law, we disclaim and exclude all warranties.
Our services are provided “as is” and offer no additional warranties other than what is specified on this page.
6.1 Limited End-to-End Encryption
Consol provides a limited End-to-End Encryption (E2EE) service, available to users via an additional subscription. Consol’s limited E2EE service does not apply to all content types or data that you may upload to or write into the Consol database through your Consol Account. Currently, Consol’s implementation of E2EE is limited to specific content types with varying levels of inherent security.
To subscribe to Consol’s limited E2EE, you understand and acknowledge that the service is subject to the separate terms and conditions of Consol’s End-to-End Encryption Policy. Consol disclaims all promises and makes no commitments pertaining to our limited E2EE service and we expressly provide it to encryption subscribers as is.
Please read and understand Consol’s E2EE Policy before subscribing to our limited E2EE service.
7. Limitation of Liability
To the extent permitted by law, Consol and our suppliers and distributors will not be responsible for lost profits, revenues, data, or financial losses. moreover, Consol and our suppliers and distributors will not be responsible for indirect, special, consequential, exemplary, or punitive damages.
Furthermore, to the extent permitted by law, Consol’s and its suppliers’ and distributors’ total liability, for any claims you may make under these terms, including for implied warranties, is limited to the amount you paid us to use the services (or, at our election, to supplying you the services again).
In all cases, Consol, its suppliers, and its distributors will not be liable for any loss or damage that is not reasonably foreseeable.
Our liability is limited to the amount you pay us.
8. Modifying and Terminating Our Services
We are constantly developing, updating, changing, and improving our Services. We may add or remove functionalities or features. We may suspend or stop any or all of our Services altogether.
You may stop using our Services at any time by canceling your Subscription(s) or terminating your Consol Account.
We are constantly changing our Services. You can leave anytime, though we will be sorry to see you leave.
9. Term & Termination
This Agreement and its Terms shall continue for so long as Consol provides Services to you, and where applicable, for so long as you maintain (and we allow you to maintain) a Consol Account, or for so long as you pay for Subscriptions to one or more Services, unless either party expressly terminates this Agreement.
This Agreement applies for so long as you are using our Services or have a Consol Account.
You may cancel any paid Subscription at any time. You may terminate your Consol Account at any time. We may also stop providing Services to you, or add or create new limits to our Services, or terminate your Consol Account or cancel your Subscription(s) at any time.
You can cancel at any time. We can terminate at any time.
10. About these Terms
We may modify these Terms or any additional terms that apply to a Service. Accordingly, you should visit and review these Terms on a regular basis. Changes shall not apply retroactively, and they will become effective no sooner than 14 days after they are posted, unless they are made to obey legal requirements, in which case they will be immediately effective. We will expressly designate all such immediately effective terms as such. If you do not agree to the modified Terms, you must discontinue your use of our Services.
We may modify these terms at any time. We will endeavor to give you 14 days’ notice of changes unless we have to make changes for legal reasons.
11. Interpretation and Miscellaneous
11.1 No Third-Party Beneficiaries
These Terms control the relationship inherent in this Agreement and only apply between us and you. They do not create rights for third parties. Third parties are not beneficiaries to this agreement.
This Agreement is between you and us, and it doesn’t benefit third parties.
11.2 Failure to Enforce is not Waiver
If you violate this Agreement, and we fail to enforce it immediately, we do not waive the right to enforce it later.
We are not giving up rights merely by not acting right away.
If a term in this Agreement is unenforceable, it will not affect the other Terms.
If one part of this Agreement is invalid, the rest of the Agreement is still valid.
11.4 Governing Law and Forum Selection
The laws of the State of Wyoming, excluding its conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the federal or state courts of Larimer County, Colorado, United States of America. You and Consol both consent to personal jurisdiction in those courts.
We use Wyoming law but Colorado courts. You agree.