Fees & Payments
The FREELUCY application is provided by ins-pi free of charge and does not require end user licenses.
The Apps availability is dependent on the ServiceNow platform. Limited customer support is available during the hours, and via the contact information, provided on Vendor on the ServiceNow Store. You may notify Vendor if the App is not performing in accordance with the App User Guide. Contact your internal 1st and 2nd level support, in case of issues not directly related to the App. ServiceNow will notify Vendor if the problem lies with the App and in that event the Vendor shall comply with the response and resolution times below. The support is restricted to 3rd level App inquiries only on best effort. Please refer to the support and feature request page for further details.
Warranty, Indemnity and Disclaimer of Warranty
ins-pi warrants that:
(a) the App and Vendor developed App components—excluding third-party libraries will perform in accordance with this User Guide and the ServiceNow certification results alongside the ServiceNow Platform;
(b) the App do not contain any thing or device (including any software, code, file, program, worm, Trojan horse, virus or other similar things) which may (i) prevent, impair or otherwise adversely affect the operation of any of Your computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; or (ii) prevent, impair or otherwise adversely affect access to or the operation of any program or data (whether by re-arranging, altering or erasing the program or data in whole or in part or otherwise); (c) use of the App by You in accordance with this Agreement will not adversely affect the performance of the ServiceNow Platform; and (d) the provision and use of the App in accordance with this Agreement will not infringe or contribute to the infringement of any third party intellectual property rights. The Vendor agrees to indemnify You and hold You harmless against any loss, liability, damage, cost or expense, including reasonable legal fees, arising from any claim that the provision and use of the App in accordance with this Agreement infringes the intellectual property rights of a third party. EXCEPT AS SET OUT ABOVE, THE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. VENDOR EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE APP IS ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE PERFORMANCE OR USE OF THE APP. TO THE EXTENT THAT VENDOR MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
Limitation of Liability
EXCEPT TO THE EXTENT THAT DISCLAIMER OF LIABILITY IS PROHIBITED UNDER APPLICABLE LAW, IN NO EVENT WILL VENDOR, SERVICENOW, OR ANY OF THEIR ITS RESPECTIVE AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE TO YOU FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES ARISING FROM LOSS OF REVENUE, USE, DATA, OR PROFITS, INJURY TO REPUTATION OR GOODWILL, OR THE COST OF SUBSTITUTE GOODS OR SERVICES) WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE. IF, UNDER APPLICABLE LAW, LIABILITY FOR DIRECT DAMAGES CANNOT BE EXCLUDED (NOTWITHSTANDING THE FOREGOING), THEN THE TOTAL CUMULATIVE LIABILITY OF VENDOR (OR ANY OTHER PERSON) IN CONNECTION WITH THIS AGREEMENT AND THE APP, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF US$1.00. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMIT. YOU ACKNOWLEDGE THAT THE FEES REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT VENDOR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SERVICENOW WILL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, IN TORT OR OTHERWISE UNDER THIS AGREEMENT OR IN RELATION TO THE APP. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THIS SECTION WILL APPLY EVEN IF AN EXCLUSIVE REMEDY UNDER THIS AGREEMENT HAS FAILED OF ITS ESSENTIAL PURPOSE.
Choice of Law and Venue
This Agreement will be governed by the laws of Germany without giving effect to any choice of law principles that would require the laws of a different country or state. Any legal action between You and Vendor arising out of this Agreement or Your use of the App must be instituted exclusively in the German courts, and You consent to jurisdiction and venue in such courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (USA) do not apply to this Agreement.