THESE APPCONTROL TERMS OF SERVICE ("TERMS") SET OUT THE TERMS PURSUANT TO WHICH TP VISION EUROPE B.V. ("WE" or "US") IS WILLING TO PROVIDE YOU, OR THE LEGAL ENTITY REPRESENTED BY YOU, ("YOU" or "YOUR") WITH ACCESS TO APPCONTROL.
WE ARE TP VISION EUROPE B.V., REGISTERED AT PRINS BERNHARDPLEIN 200 (1097 JB) AMSTERDAM, THE NETHERLANDS.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE INFORMATION ABOUT THE PROCESSING OF PERSONAL DATA IN CLAUSE 10, BEFORE PRESSING THE "ACCEPT" BUTTON OR OTHERWISE CONFIRMING THE APPLICABILITY OF THESE TERMS. PRESSING THE "ACCEPT" BUTTON OR THICKING THE “ACCEPT” BOX MEANS THAT YOU ACCEPT THESE TERMS AND THAT YOU AGREE THAT THEY ARE APPLICABLE TO YOUR ACCESS TO AND USE OF APPCONTROL. YOUR ACCEPTANCE CONSTITUTES THE EXECUTION OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR ACCESS TO AND USE OF APPCONTROL ("AGREEMENT"). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD TERMINATE THE REGISTRATION PROCESS BY CLICKING "CANCEL" OR THE "BACK" BUTTON. IF YOU PRESS "CANCEL" OR THE "BACK" BUTTON, YOU WILL NOT BE ALLOWED TO ACCESS APPCONTROL.
WE STRONGLY SUGGEST THAT YOU DOWNLOAD OR SAVE A LOCAL COPY OF THESE TERMS FOR FUTURE REFERENCE. YOU CAN ACCESS THE TERMS VIA YOUR APPCONTROL ACCOUNT.
1.Basic Terms.
These Terms govern your access to and use of APPCONTROL (the "Service") online or through an application (the "App") available on mobile devices.
You may not use the Service if: (a) you are not of legal age to form a binding contract with us, or (b) you are a person who is barred or otherwise legally prohibited from accessing the Service under the laws of the country in which you are resident. Notwithstanding the foregoing, you must be at least 16 years of age to assume the responsibilities under these Terms. If you are under 16 years of age, you may use the Service ONLY if one of your parents or legal guardians consents. If you use the Service, we will assume that you are 16 years of age or older or, if you are under 16 years of age, that your parent or legal guardian has consented to your use of the Service.
2.Copyright, Trademarks and Other rights.
All copyrights, trademarks and other rights, title and interest in and on the Service are and shall remain the property of TP Vision. Nothing in the Terms gives you a right to use any of the trademarks, logos, domain names or other distinctive brand features of the TP Vision. Any feedback, comments or suggestions you may provide to us are provided on an entirely voluntary basis, and we shall be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
3.Usage of Service, Term of Agreement.
You agree not to exploit the Service in any unauthorised way, including, but not limited to, by trespass, burdening network or server capacity or using the Service for purposes other than those authorized.
Copyright and other intellectual property laws protect the Service, and you agree to abide by and maintain all notices, licence information and restrictions contained therein. Unless expressly permitted herein or otherwise permitted in a separate agreement with us, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display or in any way exploit the Service in whole or in part. You may not decompile, reverse engineer, disassemble, change, replace or attempt to root any software or security components part of the Service unless specifically permitted by applicable mandatory law. Use of the Service to violate, tamper with or circumvent the security of any computer network, software, passwords, encryption codes or technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited. The Agreement is effective for the duration of your access to and use of the Service. You may terminate it at any time by stopping your access to and use of the Service. We also may terminate or suspend the Agreement, at any time, without notice, and accordingly deny you access to the Service, if in our sole discretion you fail to comply with any of these Terms, or your continued access and use is harmful to the interests of any third party or is in violation of any applicable law.
4.No Warranty.
WE, AND OUR AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSEES (COLLECTIVELY, TPV FOR THE PURPOSES OF THESE SECTIONS 4 AND 5) DO NOT REPRESENT, WARRANT OR PROMISE THAT THE SERVICE, OR ANY OTHER INFORMATION OR MATERIALS THAT YOU RECEIVE OR ARE GIVEN ACCESS TO VIA THE WEBSITE OR APP WILL BE ACCURATE, RELIABLE, TIMELY, SECURE, ERROR‐FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE IS PROVIDED ON AN AS‐IS AND AS‐AVAILABLE BASIS, AND IS SUBJECT TO CHANGE OR TERMINATION WITHOUT NOTICE. TPV CANNOT ENSURE THAT ANY SERVICE OR APP (INCLUDING FILES, INFORMATION OR OTHER DATA) THAT YOU ACCESS OR DOWNLOAD WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES. TPV EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON‐INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.Limitation of Liability.
TPV DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR ACCESS TO OR USE OF THE SERVICE OR APP. YOU ASSUME TOTAL RESPONSIBILITY FOR AND ALL RISKS IN RELATION TO YOUR ACCESS THERETO OR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OBTAINED THEREON. YOUR SOLE REMEDY AGAINST TPV FOR ANY DAMAGE, COSTS OR DISSATISFACTION CAUSED BY ACCESS TO OR USE OF THE SERVICE, APP OR WEBSITES, IS TO STOP USING THE SERVICE OR THE RESPECTIVE APPS OR WEBSITE.
6.Indemnification.
You agree to indemnify and defend us and hold us harmless against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable legal fees, resulting or arising from or relating to your access to or use of the Service, your breach of these Terms or your infringement or violation of any rights of another party.
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7.Limitation on Access and Export Control.
We reserve the right (but will not have any obligation) to refuse access to the Service. We also reserve the right to access, read, preserve and disclose any usage information as we reasonably believe is necessary to (i) comply with any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests or (v) protect the rights, property or safety of us, our users and the public. We may, at our sole discretion, add or remove access to the Service at any time. Furthermore, we reserve the right, at any time and at our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area or jurisdiction we choose. The Service is subject to the export control laws of, among others, the Netherlands and the United States, and may not be accessed by (i) a national or resident of Cuba, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and any amendments hereto, as applicable.
8.Changes to the Service and/or Terms.
We may, at our discretion, change, update or upgrade features or the Service or decide to stop offering the Service entirely. If such changes have an impact on these Terms, you will receive a notice about the updating of these Terms. You understand and agree that if you use the Service after the date on which the Terms change, we will treat your use as acceptance of the updated Terms.
9.Account protection.
You are responsible for safeguarding the username and password that you have selected for your account. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
10.Privacy and cookies.
We strongly believe in protecting your privacy and informing you about the way we collect, use and store your personal data. Any personal data that you provide to us, or that is collected by us, is subject to the Privacy Statement. The Privacy Statement is accessible in your AppControl account. The Service makes use of "cookies" to collect and store some of your account credential data. A "cookie" is a small text file stored on your device, which allows us to provide the service for that account. The cookies will expire when the browsing session ends.
11.Governing Law.
Your agreement with us shall be governed by and is construed under and in accordance with the laws of the Netherlands, excluding its conflict of law provisions. The court of Amsterdam, the Netherlands, shall be the only competent court to settle any disputes between you and us arising out of or relating to the Agreement, unless applicable mandatory consumer law requires otherwise.
12.Miscellaneous.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect. No addition to or removal or modification of any of the provisions of these Terms will be binding upon us, unless made in writing and signed by our authorised representative. These Terms and our Privacy Statement are the entire agreement between you and us regarding your use of the Service. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of the Service, or this Agreement, must be filed within 13 (thirteen) calendar months after such claim or cause of action arose, or will be considered expired. The "No Warranty" and "Limitation of Liability" provisions of this Agreement are for the benefit of us as defined therein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
13. About Us.
The Service is provided to you by:
TP Vision Europe B.V. Prins Bernhardplein 200
1097 JB Amsterdam The Netherlands
Trade Register Number 53045394 VAT Number NL850721854B01
If you have any comments or questions regarding the Service or this Agreement, or wish to report any violation of these Terms, please contact us at privacy@tpv‐tech.com.
