TERMS AND CONDITIONS
Effective as of November 13, 2019
Version: Initial
These Terms and Conditions (hereinafter the “Terms”) apply to the PresentinAR located by the link www.presentinar.com (hereinafter the “Site”) and govern its use provided by SOFTENGI LLC (hereinafter the “Company”), and also to the service (hereinafter the “Service”) accessible by using the PresentinAR App (hereinafter the “App”). Please read them carefully as they contain important information regarding your legal rights and obligations.
All collective terms are interchangeable in both singular and plural versions. There Terms reference and treat all parties equally without prejudice to their nationality, ethnicity, cultural and social background, skin color, gender, beliefs or their absence, disability and sexual orientation.
1. ACCEPTANCE OF THE TERMS
1.1. By downloading the App and/or accessing or using the Site and the content available at the Site, you explicitly confirm that you have read, understand and agree to these Terms. If one or any of these Terms is unacceptable for you, you must cease using the Site or the App.
1.2. If you are going to use the Site or the App on behalf of a legal entity, you represent and warrant that you have the ability to agree with these Terms on behalf of that legal entity.
2. GENERAL PROVISIONS
2.1. The Site provides information about the Company and the Company’s services and products, including the App and Service.
2.2. If national legislation of your country prohibits you to access the Site, you should not access it.
2.3. In order to use features provided by the Site and the App, you may be asked to provide personal information, such as name, email, pictures and 3D models. You should file an inquiry if you would like to cease using the Site and the App and delete your personal data. We reserve the right to suspend the access to the App at any time if we have reasonable concerns that you have, may or intended to violate these Terms. We may also suspend your access to the Site or take any steps we consider appropriate.
2.4. The Company is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for.
2.5. At some point, we may wish to update the App. The App is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. The Company does not promise that it will always update the app so that it is relevant to you and/or works with the particular Android & iOS version that you have installed on your device. However, you shall always accept updates to the application when offered to you to be able to use it. We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.
3. PURPOSE AND CONDITIONS
3.1. All the information provided via the Site for informational purposes only and does not constitute any professional advice. You should not rely on any information provided in your personal or business activity. The Company makes all reasonable efforts to make the information accurate and reliable, but we cannot guarantee that all the information is accurate at the moment you will use it. Nevertheless, this is not an obligation of the Company to maintain the Site and its content. The Site operates on “as is” basis with no representation or warranty related to its functionality.
3.2. You shall use the content and the information placed on the Site according to these Terms. You agree not to copy, modify or reproduce the content in any other way without our prior written consent.
3.3. We may provide the App on the conditions of the freemium and the App is intended for use “as is”. Basic version of the App provided at no cost while the Company reserves the right to set price for the provision of advanced features.
3.4. While we welcome any feedback or comments from you, please note that any unsolicited ideas, feedback or suggestions pertaining to our business, such as proposals for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names you transfer irrevocably, royalty-free, perpetually, worldwide, and exclusively all the proprietary rights for listed items to the Company upon submission. You waive moral rights for the listed items, your right for any compensation and the rights to forbid, allow, restrict or otherwise by any method influence or obstruct the Company's use or rights for the items listed above.
4. INTELLECTUAL PROPERTY
4.1. All titles and logos at the Site and the content published herein, source code, processes, designs and technologies, domain names, marks and logos are fully vested and protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws except where expressly stated otherwise.
4.2. The App itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it belong to the Company.
4.3. The content may contain links to third-party controlled sites. Content at those sites may be protected by applicable copyrights, trademarks, patents, trade secrets or other proprietary rights and laws. We neither control nor endorse any content provided by third parties. Third-party sites, content and software are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for them. You use any such content at your own risk and according to the Terms and Conditions specified by the provider of that content.
4.4. The Site may include third party components and links with separate legal notices or governed by other agreements. You interact with such components and links on your sole discretion. Please make yourself familiar with conditions of such notices or agreements prior you decide to interact with such components and links. We specifically disclaim any liability for the results of such interactions.
5. USE RESTRICTIONS
5.1. You are prohibited to:
5.1.1. Post, upload, send via email or otherwise make available any content that:
5.1.1.1. Infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
5.1.1.2. Is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, or promotes extreme violence or cruelty to animals, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, beliefs or their absence, disability, gender, age, veteran status, or sexual orientation/gender identity);
5.1.1.3. Discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information;
5.1.2. Use the Site or any information placed therein for any commercial purpose and/or use the Site for the solicitation of business in the course of trade or in connection with a commercial enterprise;
5.1.3. Use the Site for any fraudulent or unlawful purpose or for the promotion of such activities;
5.1.4. Copy or modify the App, any part of the App, or our trademarks in any way;
5.1.5. Attempt to extract the source code of the App, translate the App into other languages, or make derivative versions.
5.1.6. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
5.1.7. Collect or harvest any personal data of any user of the Site;
5.1.8. Interfere with or disrupt the operation of the Site or the servers or networks, including by hacking or defacing the Site;
5.1.9. Reproduce, modify, adapt, translate, distribute or use for any commercial purpose any content placed on the Site without our prior written consent. We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis;
5.1.10. Interfere or attempt to interfere with the proper functioning of the Site, including making any automated use of the Site, the Service or the related systems, or take any action to bypass any robot exclusion headers or other measures we take to restrict access to the Site that is deemed to impose an unreasonable or disproportionately large load on our servers or network infrastructure;
5.1.11. Frame or mirror any portion of the Site;
5.1.12. Download and store the content, placed on the Site in a systematic way;
5.1.13. Use any robot or another device to gather content from the Site and/or circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of content, or enforce limitations on use of the Site;
5.1.14. Reverse engineer, decompile or disassemble any part of the Site.
5.2. You understand and agree that any liability, loss or damage that occurs as a result of the breach of the aforementioned prohibitions is solely your responsibility. The Company is not responsible for your violations.
5.3. The App stores and processes personal information that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App won’t work properly or at all.
6. ONLINE CONTENT AND CONNECTION DISCLAIMER
6.1. We do not guarantee the accuracy, completeness, or usefulness of any information on the Site nor do we adopt or endorse, nor we are responsible for the accuracy or reliability of any opinion, advice, or statements made by other parties. We take no responsibility and assume no liability for any content posted by you or other users. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
6.2. Though we strive to enforce these Terms, you may be exposed to content that is inaccurate or objectionable when you use or access the Site. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or to limit or deny a user’s access to the Site or take other appropriate action if a user violates these Terms or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious.
6.3. We will treat your emails as confidential unless you expressly waive the confidentiality of your letters. This does not apply to cases when you contact us via public means, such as social networks. The Company shall have the right to remove any material that in its sole opinion violates or is alleged to violate, the law or these Terms or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution. If you become aware of misuse of our Site or violation of these Terms, please contact us.
6.4. Certain functions of the App will require the App to have an active internet connection. The connection can be performed via Wi-Fi, or provided by your mobile network provider, but the Company cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
6.5. If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data consumed for the duration of the connection while accessing the App, or other third party charges. If using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.
7. WARRANTY DISCLAIMER
7.1. THE SITE & APP IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE.
7.2. THE SERVICE IS PROVIDED BY THE COMPANY AT NO COST AND IS INTENDED FOR USE “AS IS”. THE COMPANY ACCEPTS NO LIABILITY FOR ANY LOSS, DIRECT OR INDIRECT, YOU EXPERIENCE AS A RESULT OF RELYING WHOLLY ON THIS FUNCTIONALITY OF THE APP. ALTHOUGH WE ENDEAVOUR TO ENSURE THAT IT IS UPDATED AND CORRECT AT ALL TIMES; WE DO RELY ON THIRD PARTIES TO PROVIDE INFORMATION TO US SO THAT WE CAN MAKE IT AVAILABLE TO YOU.
8. LIMITATION OF DAMAGES
8.1. To the extent permitted by applicable law, in no event shall the company, its affiliates, directors, employees, licensors or partners, be liable to you for any loss of profits, use, data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from:
8.1.1. the use, disclosure, or display of the content;
8.1.2. your use or inability to use the Site;
8.1.3. relying wholly on the functionality of the App;
8.1.4. the Site in general or the software or systems that make it available; or
8.1.5. any other interactions with use or with any other user of the site, whether based on warranty, contract, tort (including negligence) or any other legal fact, and whether or not we have been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.
9. INDEMNIFICATION
9.1. If you have a dispute with any third party, you indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
10. AMENDMENT OF THE TERMS
10.1. We can amend these Terms at any time and will update them in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes. Your continued use of the Site signifies your consent with our revisions to these Terms. We will notify you separately only of sufficient changes to the Terms.
11. GOVERNING LAW AND DISPUTE RESOLUTION
11.1. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the ICC Rules, which Rules are deemed to be incorporated by reference into this clause.
11.2. The number of arbitrators shall be 1 (one).
11.3. The seat, or legal place, of arbitration, shall be Stockholm.
11.4. The language to be used in the arbitral proceedings shall be English.
11.5. The governing law of the contract shall be the substantive law of England and Wales.
12. PRIVACY POLICY
12.1. We are doing our best to protect any information you may share with us. Please refer to our Privacy Policy PRIVACYPOLICYLINK for information on how we collect, use and disclose your information.
12.2. You acknowledge and give your explicit consent that your use of the Site and the App is subject to our Privacy Policy. Our Privacy Policy explains how we collect, use, and disclose information that pertains to your privacy. By using the Site or the App you also consent to the collection, use, and disclosure of your personal information for the purposes identified therein.
13. MISCELLANEOUS
13.1. If any provision of these Terms is held or found to be invalid or unenforceable, this shall not affect other provisions and they will remain in full force and effect. If we decide not to enforce any provision of these Terms, this shall not be considered a waiver of our right to enforce such provision. Our rights under these Terms survive any termination of the Terms.
13.2. We may at any time by any reason discontinue the maintenance of the Site or the App and terminate these Terms. The provisions of Sections 4, 6, 7, 8, 9 and 11 shall survive the termination of the Terms, alongside other provisions that by their nature shall survive such termination.
13.3. We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.
13.4. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
13.5. If you still have any questions regarding these Terms or about the Company, please contact us by email at info@presentinar.com