February 26th, 2020
1. APPLICABLE TERMS
2. ACCESS TO AND USE OF SERVICE
Use of Service. You may use Service on your PC, laptop, smartphone or smart TV (“Device”). To use Service, you will need a device that meets the system and compatibility requirements for the relevant Service, working Internet access, and compatible software (internet browsers). Service Provider is not responsible for and does not endorse any service made available through Service that originates from a source other than Service Provider.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. In this case, YOU and YOUR refers to such entity. You may not use these services if you do not have such authority or if you do not agree with the Terms, therefore in this is the case you may not click the I ACCEPT button.
Age Restrictions. In order to use Service, you must create a valid account on the InVIEW website (“InVIEW Account”). If you are considered a minor in your country, you must have your parent or legal guardian’s permission to use Service and to accept the Terms. You must comply with any additional age restrictions that might apply for the use of specific services or features.
Third-Party Fees. You are responsible for any access or data fees incurred from third parties (such as your Internet provider or mobile carrier) in connection with your use and viewing of Service.
Unauthorized Access to Accounts. You are responsible for protecting your user account and for your account activities, please make sure to keep your user account and password secure. You must not share your account details with anyone else. You must not collect or harvest any personal data of any user of Service, including account details.
Disabled Accounts. If Service disables access to your account in accordance with the Terms (for example if you violate the Terms), you may be prevented from accessing the Service, your account details or any data that is stored with your accounts.
Malware protection. To protect you against malicious third-party software, URLs, and other security issues, Service Provider may receive information about your device’s network connections, potentially harmful URLs, the operating system, etc.
Changes to these Terms. If the Terms change, you will be duly notified, and the new Terms will be effective from the date of the notice. Your continued use of Service following such notice will indicate your acceptance of the new Terms. The new Terms will apply to your use of Service. If you do not agree with such changes, you will be given the opportunity to terminate your use of Service.
3. PURCHASES AND PAYMENTS
Access to Service. Service will be available to you after you agree to these Terms. You cannot create an account nor connect to a Cloud without leasing/purchasing the inVIEW Gateways/Edge device (hereinafter: the Hardware) provided by us.
Pricing and Payments. In order to subscribe to Service, you must agree to these Terms. You are responsible for all amounts payable associated with your use of Service. Prices and payments may be determined in a separate Agreement/offer confirmed by you/purchase order confirmed by you/price list confirmed by you/sales quote confirmed by you. When you subscribe, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If the price of the subscription changes later, we will notify you. The change will apply to the next payment due from you after the notice. If you do not wish to pay the changed price for a subscription, you may cancel the subscription as described in the Cancellations section of these Terms, and you will not be charged further amounts for the subscription, provided you have notified us before the end of the current billing period. If your subscription is canceled and you later decide to re-subscribe, you will be charged at the then-current subscription rate.
Taxes. “Taxes” means any duties, customs fees, levies or taxes associated with the use of Service, including any related penalties or interest. You are responsible for any Taxes and must pay for Service without any reduction for Taxes. If we are obligated to collect or pay Taxes, the Taxes will be charged to you. You must comply with any and all applicable tax laws, including the reporting and payment of any Taxes arising in connection with your use of and subscription to Service. The reporting and payment of any such applicable Taxes are your responsibility.
Subscriptions. Subscriptions are automatically charged monthlyunless otherwise determined in separate Agreement. You will be charged the first day after the 30-day subscription period expires. You will be notified about this charge via email.
Cancellations. You may cancel a subscription at any time before the end of the applicable billing period and the cancellation will apply to the next billing period. You may cancel your subscription at any time during any month of the subscription, and the subscription will be cancelled as of the following month. You will not receive a refund for the current billing period, unless explicitly approved by us. You will be charged for the use of Service prior to cancellation according to these Termsincluding the fee for the subscription for the month in which the cancellation took place,
4. RIGHTS AND RESTRICTIONS
Right to Use Service. When you start using our services, you will have the non-exclusive right, solely as expressly permitted in these Terms and associated policies, to use Service on your device solely for your internal business or personal operations. All rights, title and interest regarding Service not expressly granted to you in the Terms are reserved. All intellectual rights are property of INDAS DOO NOVI SAD. We retain all ownership and intellectual property rights of the Service. We retain all ownership and intellectual property rights to anything developed and delivered under the agreement.
Violation of Terms. If you violate any of the Terms, your right to use the Service will immediately terminate, and Service Provider may terminate your access to Service without refund to you.
Restrictions: You may not:
- use (in part or in whole) Service as part of any public performance or display unless specifically permitted by us and only in the exact manner provided;
- sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign Service to any third party, except as specifically permitted by us and only in the exact manner provided;
- use Service in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of Service that is presented to you in streaming format;
- use Service as part of any service for sharing, lending or multi-person use, or for the purpose of any other institution, except as specifically permitted by us and only in the exact manner provided;
- attempt to, or assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components that protect, obfuscate or otherwise restrict access to Service;
- remove any watermarks, labels or other legal or proprietary notices included in Service, or attempt to Service including any modification for the purpose of disguising or changing any indications of the ownership or source of Service.
Defective Service. Once Service is available to you through your account, you should check the Service as soon as reasonably possible to ensure that it functions and performs as stated, and notify us as soon as reasonably possible if you find any errors or defects.
Restriction or Unavailability of Service. Subject to the Terms, Service that you are subscribed to will be available to you for the period selected by you as long as Service Provider has the right to make such Service available to you. In certain cases (for example, if Service Provider loses the relevant rights, Service is discontinued, there are critical security issues, or there are breaches of applicable terms or the law), Service Provider may restrict or disable your use of Service that you have subscribed to. You may be given notice of any such restriction or cessation, when possible.
Dangerous Activities. Service is not intended for use in the operation of nuclear facilities, life support systems, emergency communications, aircraft navigation or communication systems, air traffic control systems, or any other such activities in which case the failure of the Services or Service could lead to death, personal injury, or severe physical or environmental damage.
Illegal/Unlawful Activities. By agreeing to these Terms, you agree that you will not use the Service for any illegal or unlawful activities and that you will not upload any content that may be considered as copyright infringement. We are not responsible for the activities you carry out when using Service as well as for the uploaded content. You agree to indemnify Service Provider or any third party for all damages incurred through your usage of Service in a manner not in accordance with these Terms.
Disclaimer. Service Provider does not guarantee that the services will be performed error-free or uninterrupted, or that we will correct all service errors. You acknowledge that Service Provider does not control the transfer of data over communications facilities, including the internet, and that the service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Service Provider is not responsible for any delays, delivery failures, or other damage resulting from such problems or its usage in general. To the extent not prohibited by law, these warranties are exclusive and there are no other express or implied warranties or conditions including for hardware, systems, networks or environments or for merchantability, satisfactory quality and fitness for a particular purpose.
Governing Law. This Agreement is governed by the laws of the Republic of Serbia excluding its conflicts of law provisions.
Jurisdiction. Any dispute arising out of this Agreement will be resolved in front of a competent court of the Republic of Serbia.