Terms of Service
Effective Date: 01/05/24
Welcome to Critical Core Group (a trading name of DHK Limited), operating at criticalcoregroup.com and associated domains (“we,” “us,” “our”). We sell digital packaged business capabilities (“applications” or “Apps”) and related services to customers worldwide, deploying them on the Oracle APEX platform within client-chosen regions for compliance, regulatory, and data residency needs.
By accessing our websites, purchasing our Apps or services, or otherwise engaging with us, you agree to these Terms of Service (“Terms”). If you do not agree, you should not use our websites or services.
1. Global Availability
Our services are offered worldwide. However, certain jurisdictions may impose laws, regulations, or restrictions that could affect your ability to purchase or use our Apps. You are responsible for ensuring that your use of our services complies with all local laws and regulations in your jurisdiction.
We reserve the right to refuse service or subscriptions to any entity or individual based on our own internal (proprietary) review process. If we choose to cancel or decline a subscription (for reasons unrelated to your breach of these Terms), we will provide a refund for any payment received and notify you that the service is not available to you.
2. Use of Our Apps and Services
Licensing: When you purchase or subscribe to an App, we grant you a limited, non-exclusive, non-transferable license to use that App solely for your internal business operations, subject to these Terms.
Oracle APEX Platform: Our Apps are deployed on Oracle APEX, and the hosting environment (deployment type and region) is chosen by you (the client) to meet compliance and data residency requirements. You must comply with Oracle’s terms of service and acceptable use policies when using any Oracle service. ( Oracle Cloud Services Agreement)
Updates & Modifications: We may update, modify, or discontinue Apps or features from time to time. We will endeavor to provide reasonable notice (we consider a minimum of one year reasonable) where material changes impact your existing usage. We will rarely discontinue, but factors beyond our control may necessitate it.
Storage and Data Needs: Each APEX service requires storage. Egress and ingress are not charged. The storage cost is US$2.70/month per 20GB block of storage required. This is typically ample for standard data requirements, but high-volume image or video needs should be factored into costings. Our standard applications do not typically include high-volume image or video requirements, hence your data costs per month should remain low.
Subscription Model & No Lock-In: Most of our Apps are provided under a subscription model without long-term lock-in. You may cancel your subscription at any time without incurring penalties. Upon cancellation, your license to use the App terminates immediately, and we reserve the right to disable access to the service. Any amounts owed for the current billing cycle remain due.
Data Ownership: While we own the intellectual property rights to the Apps, all data you input or generate in the App belongs to you. Upon termination of your subscription (or once in any 90-day period), you may request a data export within a specified timeframe (within 30 days), subject to any applicable data retrieval fees (currently free). Beyond this timeframe, we may delete your data in accordance with our retention policies.
Restrictions on Use / Prohibited Activities:
- You will not research, access, or use our websites or Apps for investigative journalistic or reporting purposes, nor for the study or reverse engineering of our applications or intellectual property.
- You will not publish or publicly review, report on, or disclose any aspect of our Apps or services unless you have obtained our prior written authorization.
- You agree not to post publicly accessible negative reviews without first discussing any issues directly with us and allowing us up to two (2) months to rectify the situation. Any review should be conducted professionally and only with our authorization.
3. Client Responsibilities
You are responsible for maintaining the confidentiality of your account credentials, user IDs, and passwords. You are also responsible for all activities carried out under your accounts. You agree to provide accurate and current information during account setup or during purchase transactions.
If you experience disappointment or any issue with the Apps, you agree to provide feedback through our contact or feedback page and allow us two (2) months to rectify any disappointment. For more complex reconfiguration issues, please allow us three (3) months to address your needs.
4. Fees & Payment
Pricing & Currency: All prices are typically listed in USD. Payment must be made in the specified currency, unless otherwise agreed upon by us.
Subscription Model: Some Apps are offered as a monthly or annual subscription. Continued access to the App or service requires timely payment of subscription fees.
No Refund on First Subscription Payment: The first subscription payment initiates our processes, including providing full app features and additional terms of service. Because this unlocks our confidential IP, no refund will be provided for the first subscription payment.
Chargebacks & Disputes: Any chargeback or claim alleging that you did not receive the product as advertised will be deemed a fraudulent or bad-faith dispute. Such disputes will be turned over to our collections agent at a base fee of US$1,100.00, plus any additional costs incurred by the agent (which may exceed US$2,500). We will also bill you a chargeback administrative fee of US$550. By agreeing to these Terms, you agree to pay all such fees and costs if you initiate a chargeback or dispute in violation of these Terms.
Taxes & Duties: You are responsible for any taxes, duties, or other charges imposed by your local authorities or relevant jurisdictions.
5. No Warranties
Our Apps and services are provided on an “as is” and “as available” basis, without any warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted operation. We do not guarantee that the Apps will meet your specific needs or that they will operate error-free.
6. Indemnification
You agree to indemnify, defend, and hold harmless Critical Core Group (DHK Limited), including our officers, directors, employees, agents, and affiliates, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use or misuse of our Apps or services, including any data you enter or store within the Apps.
- Your breach of these Terms.
- Your violation of any applicable laws or regulations.
- Any third-party claim arising from or related to your business practices or activities.
- Factors outside our control that may affect service availability or performance.
This indemnification obligation survives the termination of these Terms and your use of the Apps or services.
7. Limitation of Liability
Exclusion of Consequential Damages: In no event shall we be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or related to your use of our Apps or services, including loss of revenue or profits, even if advised of the possibility of such damages.
Liability Cap: To the fullest extent permitted by law, our total cumulative liability under these Terms shall not exceed the amount you paid for the App or service giving rise to the claim in the twelve (12) months preceding the event.
8. Intellectual Property Rights
All intellectual property rights (e.g., copyrights, trademarks, design rights) in the Apps, documentation, and associated materials remain our sole property or that of our licensors. You may not modify, distribute, or reproduce these materials except as allowed by written agreement or applicable law.
We do not publicly expose all features of our Apps until after payment is made, in order to protect our IP and ensure it is only disclosed under a binding agreement. The first subscription payment grants you access to full application features, additional app-specific terms of service, and confidential materials not otherwise publicly available.
9. Termination
We reserve the right to terminate or suspend your account or access to Apps if you violate these Terms or engage in any conduct that jeopardizes the security or integrity of our services. Upon termination, your license to use the Apps ceases, and any amounts owed remain due.
You have the right to cancel any subscription and halt or reject any service subscription at any time, for any reason. If our termination is not due to your breach, we will refund any unused portion of your subscription fee.
10. Global Compliance & Export Control
You agree to comply with all applicable export control, trade, and economic sanctions laws and regulations in connection with your use of our Apps and services. We make no representation that our Apps or services are appropriate or available for use in your jurisdiction; accessing our services where they are illegal is prohibited.
11. Governing Law
Unless otherwise required by local law, these Terms shall be governed by and construed in accordance with the laws of [Insert Governing Jurisdiction], without regard to conflict of law provisions. You consent to the exclusive jurisdiction of the courts in [Insert Governing Jurisdiction] to resolve any dispute arising out of or related to these Terms.
12. Amendments
We may update these Terms from time to time. If we make material changes, we will notify you by email (if available) or by posting a notice on our websites. Your continued use of our services after any amendments indicates your acceptance of the updated Terms.
13. Contact Us
If you have questions about these Terms or any other concerns, please contact us:
Email: [email protected]
Additional Notices
Use of GenAI: You acknowledge that Generative AI (“GenAI”) has been used in the creation of certain website content and in our application development processes, in compliance with worldwide AI regulatory requirements. This use does not alter or diminish any of our intellectual property rights in the Apps.
Deployment & Configuration: We can change your deployment option before the application is delivered, based on a change request from you. Configuration or setup can be undertaken by our team based on your user information. Typically, one or two administrators will have majority control over your users; we remain available to support requests within reason.
No Meetings Prior to Subscription: No formal product or service meetings will take place until a subscription is initiated. We will respond to miscellaneous queries beforehand, but detailed demonstrations or discussions require an active subscription.