Mobile Application with embedded Intellexer™ API Service

Terms Of Use April 12, 2016

TERMS OF USE

Mobile Application with embedded Intellexer™ API Service

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This Mobile Application with embedded Intellexer™ API Service Terms of Use is a legal agreement between you (an individual) and EffectiveSoft Ltd. (“EffectiveSoft”) and governs your use of the Mobile Application with embedded Intellexer™ API Service (“Application”) provided by EffectiveSoft.

By using the Application you accept and agree to be bound by the terms and provision of this agreement (“Terms of Use”). Any usage of the Application will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use the Application.

1 License

EffectiveSoft hereby grants you a worldwide, unlimited, non-exclusive license to use the Application as described below for the sole personal purposes.

2 Modifications

From time to time EffectiveSoft may modify these Terms Of Use and will post a copy of the amended Agreement at http://www.conceptmeister.net/termsofuse.html. EffectiveSoft should inform you about such changes promptly. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Application immediately. You will be deemed to have accepted the Agreement as amended if you continue to use the Application after any amendments are posted on the Web Site above.

3 Confidential Information

EffectiveSoft does not want to receive confidential or proprietary information from you through the Application. Please note that any information, material or feedback submitted to this Application will be deemed NOT to be confidential. EffectiveSoft may use for any purpose without restriction any feedback and suggestions that you provide.

EffectiveSoft uses the information it collects from the Application to provide, maintain, protect and improve it, to develop new Applications, and to protect EffectiveSoft and its users. Information EffectiveSoft receives via your use of the Application shall not be subject to disclosure to any third-parties or in the pursuit of advertising or any other commercial purposes.

You represent and warrant you obtained all required authorizations prior to providing the any content and/or data to the Application.

4 Reservation of rights and ownership

As between you and EffectiveSoft, you acknowledge that EffectiveSoft owns or has a license to all titles and copyrights in and to the Application. All titles and intellectual property rights in and to the content available through the Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

In order to improve or enhance the Application, or to develop new Services, EffectiveSoft may use the content and data that you provide to the Application. By using the Application, you agree that EffectiveSoft may internally access, extract, compile, synthesize, analyze and otherwise make derivative works of your content and data to improve or enhance the Application and/or Intellexer™ API Service, or to develop new Services. You will not be identified in any such enhancements or new Services.

Please note that EffectiveSoft does not retain the raw textual content submitted to the Application and does not claim copyright or license for any submitted content.

5 Service improvements

EffectiveSoft may periodically modify the Application and/or Intellexer™ API Service in order to improve its functionality and performance.

6 Termination

Without prejudice to any other rights, EffectiveSoft may terminate this Agreement, if you fail to comply with these Terms of Use. In such event, you must immediately destroy all copies of downloaded materials and terminate using of the Application.

EffectiveSoft will not be liable for any costs, expenses, or damages as a result of the Application termination.

7 Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EFFECTIVESOFT PROVIDES THE APPLICATION WITH EMBEDDED INTELLEXER™ API SERVICE AS IS AND WITH ALL FAULTS. EFFECTIVESOFT DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SERVICE.

THE APPLICATION WITH EMBEDDED INTELLEXER™ API SERVICE AS IS” MEANS THAT EFFECTIVESOFT WILL NOT ACCEPT ANY CLAIMS TO THE SERVICE CONNECTED WITH THE FOLLOWING:

  • ACCURACY OF INFORMATION PROCESSING;
  • QUALITY OF INFORMATION EXTRACTION;
  • QUALITY OF PLAIN TEXT EXTRACTION FROM DIFFERENT FILE FORMATS AND SOURCES;
  • OTHER SUBJECTIVE ASPECTS OF COMPUTER-BASED UNDERSTANDING OF THE DOCUMENTS.

8 Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EFFECTIVESOFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE APPLICATION WITH EMBEDDED INTELLEXER™ API, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF EFFECTIVESOFT, AND EVEN IF EFFECTIVESOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9 Applicable law

This Agreement shall be construed in accordance with, and all actions arising hereunder shall be governed by the laws of the Republic of Belarus.

10 Entire agreement

This Agreement is the entire agreement between you and EffectiveSoft relating to the Application and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Application or any other subject matter covered by this Agreement. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

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