END-USER LICENSE AGREEMENT
InnoTechnics Doo Beograd
SECTION 1. TERMS AND DEFINITIONS
1.1. The terms used in this Agreement denote the following:
1.1.1 INNOTECHNICS – InnoTechnics.org (“InnoTechnics”, “Us”, “Our”, “We”, “InnoTechnics Doo Beograd”) having its registered office at Kraljevacka 68, 11000 Belgrad, Serbia, and registered with SBRA under number 21803553 – signing with User this User Agreement to authorize the use of Website functionality and Services (hereinafter referred to as Licensor).
1.1.2. Intellectual Property – any results of intellectual activity or means of ascertainment, including Services, fully owned by INNOTECHNICS pursuant to applicable legislation.
1.1.3. Sign In – a special link from the home page to contain User’s personal data, Services status data and other information that enables actions specified in Services functionality and stipulated in this Agreement, including the subscription to and modification and termination of Services and the receipt and sending of INNOTECHNICS notifications, queries, and offers.
1.1.4. Operator — an individual authorized by this Agreement to access User’s Sign In link and make direct use of Services on User’s behalf.
1.1.5. User – an individual, entrepreneur or legal entity that has registered a personal Sign In area on the Website and agrees with the terms of this Agreement (hereinafter referred to as Licensee).
1.1.7. Website – the site on the Web to be found at https://innotechnics.com
1.1.8. Services — databases, including the InnoTechnics Database and other intellectual property items developed by InnoTechnics and accessible at https://innotechnics.com
, which enable automatic processing of data from systems to be found on the Website and the exchange of data between these systems as consented in User settings. The Services are described at https://innotechnics.com
. INNOTECHNICS reserves the right to re-code the Services at full discretion (which may augment or narrow down their functionality); such alterations are specified in Services descriptions and impact the validity of this Agreement for the Parties in no way – nor (unless another approach is manifestly specified herein) do such alterations compromise the fullness of Services that have already been made available to User.
1.1.9. Agreement – a narrative of this Agreement between User and INNOTECHNICS which contains all the terms and conditions required for User to get access to INNOTECHNICS’s Website and Services; the conditions on which User can utilize the Services and Intellectual Property; restrictions and Services suspension/termination conditions; the Parties’ responsibilities; and other relations that may arise from the use of the Services placed at https://innotechnics.com/agreement/
. User can access no Service unless all the terms and conditions under this Agreement are met.
1.1.10. Parties – parties to this Agreement.
1.1.11. Pricing — the cost of Licenses enabling the use of INNOTECHNICS’s Services, which can be found at https://app.innotechnics.com/profile/plan
1.1.12. License – a non-exclusive, non-transferable and unsublicensable right limited to the use of the Services in compliance with this Agreement.
1.1.13. Balance – User’s financial balance reflected in the Sign In area which can be used to buy Licenses for Services. Balance may be reflected as internal currency specifically introduced to service the Agreement.
SECTION 2. GENERAL PROVISIONS
2.1. This Agreement is a public offer (hereinafter referred to as “offer”) from INNOTECHNICS to an unlimited number of people, determining the essentials on which INNOTECHNICS grants User access to its Website and the usability of its Services. A contract that gives User access to the Services is deemed concluded and takes effect immediately upon completion by User of the actions stipulated in this offer (Clause 2.4 of this Agreement); the latter signifies peremptory acceptance of all the terms and conditions in this offer on an adhesion contract basis.
2.2. This Agreement is equally effective for all Users, irrespective of their purposes. This Agreement becomes legally binding as soon as a User accepts the offer and signs this Agreement (Clause 2.1).
2.3. User’s complete and unconditional compliance with this Agreement (acceptance of the offer) may be displayed by completing one or all of the following actions: (a) Sign In registration by User, (b) actual use of any Service, irrespective of the way User accesses them, (c) transfer of money to INNOTECHNICS to pay for a License and Services.
2.4. This Agreement may impact User’s legitimate rights and entails some accountability. If a User disagrees to accept all or some of this Agreement’s terms and conditions, he/she/it is not entitled to access the Website and use Services.
2.5. If User disagrees with Agreement terms, he/she/it undertakes to discontinue use of Services immediately and apply whatever ways are available to pro-actively notify INNOTECHNICS of his/her/its decision to discontinue use of Services.
2.6. The current iteration of this Agreement is permanently available at https://innotechnics.com/agreement/
INNOTECHNICS reserves the right to edit and amend the Agreement anytime without prior or ensuing User notification. User is expected to pro-actively follow changes in the Agreement and be aware of the latest Agreement iteration. Unceasing use of Services following the introduction of edits and/or amendments to this Agreement indicates User’s acceptance of and compliance with the above edits and/or amendments.
2.7. INNOTECHNICS is entitled to further notify User of changes in Agreement terms and conditions by sending messages to User’s email registered in Sign In and/or provided when Sign In registration data was modified.
2.8. User confirms that he/she/it is fully aware of Agreement terms and accepts those in their entirety prior to the use of Services.
SECTION 3. INNOTECHNICS SERVICES
3.1. The INNOTECHNICS Services enable User to do VC market analytics through collecting and elaborating data taken from open sources and online services, through processing own data sources (hereinafter referred to as “Third-party services”), and also through automatically processing the above information and messages, to an extent allowed by User settings and within INNOTECHNICS Services’ functionality. As the developer and exclusive owner of the Services INNOTECHNICS grants User a non-exclusive license for the use of Services (hereinafter referred to as “License”) under the terms and conditions of this Agreement.
3.2. License is granted to User on an extraterritoriality (global) basis.
3.3. License enables User to make use of Services for any purposes permitted by this Agreement and applicable legislation; that said, User is not entitled to grant third parties (except Operators) access to Services without getting prior approval from INNOTECHNICS, nor is he/she/it permitted to disclose to third parties (except Operators) on a pay or gratis basis any data enabling access to User’s Sign In or any other access to Services’ software interface.
3.4. License enables User to utilize Services by reproducing the Website interface and/or a webpage in User’s PC or other gadget, using any Internet browser and entering login and password data in Sign In on the Website for User authentication.
3.5. User License is not sublicensable (must not be transferred partially or entirely to third parties).
3.6. The scope of License and its validity period vary with a User-picked Pricing plan. This Agreement permits changes in the scope of License. For example, if User provides documented and INNOTECHNICS-accepted proof of his/her/its inability to utilize Services because of Website malfunction, INNOTECHNICS can extend the validity of the current License to make up for the down period.
3.7. Only one User Operator is entitled to draw on a License bought by User. If User deems it necessary for multiple Operators to use Services simultaneously, a respective number of Licenses must be purchased.
3.8. INNOTECHNICS grants User access to Services on a remote basis (via the Internet). To utilize INNOTECHNICS Services User is expected to register a Sign In area on the Website.
SECTION 4. ACCESS TO SIGN IN AND PROVISION OF INFORMATION
4.1. To access Services User registers his/her/its Sign In on the Website.
4.2. For Sign In registration, the following information is required:
● Contact information (email or other contact data);
● Login name (hereinafter “login”) and password for Website authentication;
● Other information required for User registration and Website authentication, as well as for further use of Services.
4.3. In the event of having any Sign In registration data changed User is expected to reflect the changes by entering new information in a special form in the User’s Sign In area, and keep the Sign In information updated throughout the validity of this Agreement.
4.4. If an email address or other contact information has been proven non-existent, invalid or not owned by User, Licensor is entitled to deny the User both License and access to the Website.
4.5. User registers on the Website just once. In the event of buying multiple Licenses, User can register as many times as there are Licenses purchased (with technical capabilities available).
4.6. User formally consents to INNOTECHNICS processing User-provided information and personal data on User, Operators and Third parties (as applicable) for the purposes outlined in this Agreement and in Personal Data Processing Policy.
4.7. For Sign In registration and subsequent authentications on the Website User enters the authentication data (login and password). If User has forgotten the password, he/she/it can initiate a password retrieval procedure. During the initial registration in Sign In, a one-time verification password is texted or emailed to User. User’s Sign In access data (login and password) is equivalent to User’s onomastic signature allowing him/her/it to use INNOTECHNICS Services under this Agreement.
4.8. User shall be held fully accountable for the security of the login and password he/she/it chooses, meaning no unauthorized access to these by third parties. Any Service-enabled actions completed on behalf of an authorized User shall be regarded as implemented by User him-/her-/itself.
4.9. INNOTECHNICS shall delete User’s Sign In area on the Website upon receipt of User’s personal request.
4.10. All complaints, requests and questions to INNOTECHNICS, and other correspondence, must be sent to the email address given on the Website, or via the online Customer Service form on the Website.
SECTION 5. PARTIES’ RIGHTS AND LIABILITIES
5.1. INNOTECHNICS gives User access to Website-based Services, providing a necessary level of access security and making operation breaks for planned maintenance. INNOTECHNICS reserves the right to contract third parties for Service provision without User notification/consent.
5.2. INNOTECHNICS enables User to utilize Services capabilities in any way permitted by the applicable law and this Agreement.
5.3. INNOTECHNICS shall not be held liable for the loss of Services access data suffered through User’s own fault and for any further costs to User which may arise as a result of the loss.
5.4. INNOTECHNICS reserves the right (which may or may not be resorted to) to edit and modify any content and Services elements, leaving to its full discretion the deletion, alteration or repositioning of content or elements without any notification or explanation. INNOTECHNICS shall not be held liable for any aftereffects of such content moderation to be experienced by User.
5.5. Unless other procedures are manifestly mandated by the applicable law’s peremptory norms, in the event of User violating the terms of this Agreement INNOTECHNICS shall be fully entitled to take whatever action may be deemed fit to protect its interests irrespective of how long before the violations were committed. So, inaction on the part of INNOTECHNICS immediately after a violation of the terms of this Agreement by a User was spotted never divests INNOTECHNICS of its right to take appropriate action to protect its interests at a later stage, nor does it indicate INNOTECHNICS’s waiver of its rights in the event of User committing similar violations in the future.
5.6. INNOTECHNICS is entitled to offer User within the latter’s License validity some information support on Services operation via email messages or notifications in Sign In.
5.7. INNOTECHNICS is entitled to upgrade its Services’ software components all on its own and at its full discretion as this Agreement lasts.
5.8. INNOTECHNICS is entitled to make backup copies of and archived User data as the User’s License is effective.
5.9. User undertakes to use Services solely within the scope and terms of this Agreement.
5.10. User undertakes to refrain from using any Third-party services or software to download, parse and process information and INNOTECHNICS’s Intellectual Property, notwithstanding his/her/its Sign In registration and commercial goals. A violation of this Clause shall be considered a gross infringement on INNOTECHNICS’s Intellectual Property to be sued in a court.
5.11. User undertakes to immediately notify INNOTECHNICS of any Services access security breach committed with the use of a login and password as well as User’s mobile phone without the knowledge of or consent from the User. INNOTECHNICS shall not be held liable for any security breach aftereffects, including the loss or distortion of data or the loss of money that has stemmed from third parties taking advantage of User’s login, password and/or mobile phone to impersonate him/her/it and access Services.
5.12. User undertakes to comply with the terms of this Agreement and admits INNOTECHNICS’s right to limit or bar access to Services or take whatever action may be deemed fit anytime without prior or subsequent User notification or explanation in order to check a User who has infringed on this Agreement, existing regulatory norms or the rights of third parties (provided that a document-backed complaint has been submitted by the latter).
5.13. User undertakes to keep confidential any commercial and technical information or personal data obtained as a result of cooperation with INNOTECHNICS.
5.14. In instances detailed in applicable legislation, User is expected to receive from third parties their written consent to the processing of those parties’ personal data and transfer of this data to INNOTECHNICS for processing. User shall bear full civil and administrative liability for failure to obtain such consent.
5.15. User is entitled to pick his/her/its preferred Pricing program from those listed on the Website, and work in accordance with that.
5.16. User is entitled to post to INNOTECHNICS his/her/its comments and suggestions regarding Services operation, which INNOTECHNICS can but is not liable to take into consideration.
5.17. User is not expected to submit to INNOTECHNICS any reports on how he/she/it has used Services.
5.18. User is entitled to give Operators access to Services.
SECTION 6. SERVICES USAGE PROCEDURE
6.1. User is entitled to buy a required number of Licenses in accordance with Pricing programs picked anytime following Sign In registration and Website authentication; the purchases are enabled through a special form available in Sign In.
6.2. Licenses chosen by User shall take effect immediately after payment, as provided in Section 7 of this Agreement.
6.3. To confirm the purchase of each new License by User INNOTECHNICS emails him/her/it an endorsement message.
6.4. Information about the number of Licenses purchased and valid, the Pricing programs selected, and the volume of Services-related datasets left available within each of the Licenses and the Pricing program selected, can be followed in User’s Sign In.
6.5. As User utilizes Services, he/she/it agrees to receive from INNOTECHNICS to User-registered email any newsletters and notifications of critical Services updates and other INNOTECHNICS information. User can decline such newsletters by notifying Licensor, using account details specified in the Legal Details section.
6.6. Upon purchasing a License User shall be expected to make use of Services and do necessary settings all on his/her/its own.
6.7. INNOTECHNICS shall not be expected to provide any technical or warranty support for User regarding Services. That said, INNOTECHNICS reserves the right to respond to User’s questions regarding Services and the Website asked via e-mail email@example.com
within 5 (five) business days of the receipt of a respective question.
SECTION 7. PAYMENT PROCEDURE
7.1. INNOTECHNICS offers User a License for a fee determined by Pricing programs and this Agreement.
7.2. The cost of each License is governed by the existing Pricing program. INNOTECHNICS reserves the right to unilaterally alter Pricing plans with an email and/or Sign In User notification sent no less than 3 (three) business days ahead of the date of effecting the changes. As this occurs, User shall have the right to unilaterally renounce this Agreement.
7.3. User covers the cost of a License for the software in accordance with a Pricing plan picked via one of the existing payment services preferred or a wire transfer to INNOTECHNICS’s bank account, using details specified in Section 14 “Account Details”.
7.4. INNOTECHNICS’s remuneration as per this Agreement may be subject to VAT according to applicable law’s.
7.5. User is expected to pay upfront for the Licenses he/she/it has picked in Sign In. No License takes effect until full payment is made.
7.6. In the event of using up the entire License scope as per the Pricing plan picked, or depleting User’s Balance, User shall be required to top up his/her/its Balance above the cost of the License bought (as specified in a special Pricing Rates proviso).
7.7. On its expiry date a Pricing plan gets automatically extended for the same period. INNOTECHNICS automatically debits an amount required from User’s payment card in accordance with the effective Pricing plans.
7.8. User is entitled to discontinue use of automatic payment mode anytime by going to the balance management page at https://app.innotechnics.com/profile/plan
or notifying INNOTECHNICS of User’s decision to terminate paid Services usage no later than 3 (three) days ahead of his/her/its Pricing plan’s expiry date.
7.9. During an initial Pricing plan payment User gives INNOTECHNICS and its partners consent to the storage of his/her/its payment card data and agrees that INNOTECHNICS is authorized to debit money from the card for:
a) automatic payment;
b) other payments pursuant to this Agreement;
c) paying off User’s debt as per this Agreement.
7.10. The moment of User’s money hitting INNOTECHNICS’s bank account indicates the fulfillment of User’s obligation to pay for a License.
7.11. User tops up his/her/its balance before the previous paid period is over. User is entitled to see his/her/its money accrued and debited at https://app.innotechnics.com/profile/plan
7.12. The term “service period” shall refer to a period of time during which User can access Services after he/she/it paid for these in accordance with his/her/its effective Pricing plan.
7.13. INNOTECHNICS’s obligation under this User Agreement shall be deemed fully and duly fulfilled if there is no written reasoned complaint sent by User via Sign In five days ahead of the close of a service period.
7.14. In the event of failure on the part of User to utilize the Services already paid for, no refund shall be allowed, as what he/she/it has paid for is access to INNOTECHNICS’s web interface and software placed on the Internet.
7.15. In case of termination by the Parties of this Agreement on access to the Service, reimburse policy is regulated in accordance with applicable law. You can submit refund requests by email firstname.lastname@example.org
SECTION 8. INTELLECTUAL PROPERTY
8.1. All the materials displayed as Services on the Website, including information, images, code, logos, graphics, sounds, etc., constitute INNOTECHNICS’s intellectual property and are protected by the international IP laws.
8.2. Pursuant to the terms of this Agreement, INNOTECHNICS hereby gives User a non-exclusive, non-transferable and unsublicensable limited License for the use of Services under the Agreement conditions.
8.3. Legitimate access to Intellectual Property under this Agreement is fully contingent on User’s unconditional compliance with this Agreement.
8.4. User hereby agrees that signing this Agreement by INNOTECHNICS does not imply any transfer or waiver of INNOTECHNICS’s rights for its Intellectual Property, nor can this Agreement be misconstrued as sales and/or a waiver of any IP rights.
8.5. A License under this Agreement takes effect at the moment of User’s acceptance of the terms of the Agreement by registering in Sign In and expires on any of the following dates, depending on which of these comes first: (a) the date of User’s deletion of his/her/its Sign In area; (b) the date of the termination of this Agreement; (c) the paid period ending date unless automatic payment has been used to extend the use of Services as per Pricing plans. Any attempt on the part of User to circumvent any security coding used to control access to Services, or to otherwise misappropriate Intellectual Property or Services in breach of the rules of this Agreement, shall signify immediate License termination.
8.6. INNOTECHNICS waives none of its rights, including its overall property rights and exclusive rights for INNOTECHNICS-owned Services and Intellectual Property, all copyrights and adjacent rights, trademark and service mark rights, know-how, brand names, corporeal rights, inventions, utility models and industrial designs, programming code, audio-visual effects, illustrative and other arts, sound effects, musical compositions and assignments both registered and unregistered, as well as all apps with updates and modifications. Unless explicitly mandated otherwise by peremptory norms of the applicable law and this Agreement, any copying, simulation, replay or distribution by User of Intellectual Property in any way on any drive disk, partially or in its entirety, without INNOTECHNICS’s prior written consent is strictly forbidden. Any rights which are not manifestly conferred on User under this Agreement shall fully remain those of INNOTECHNICS.
8.7. When using Services, User is not allowed to download, transmit, alter, post or take any other action that would infringe on third parties’ exclusive rights for any results of intellectual activity and means of ascertainment, including information, data, images and any other legally enforceable IP items owned by third parties – hereinafter referred to as “Third Parties’ Intellectual Rights”. User shall be held liable for a violation of Third Parties’ Intellectual Rights pursuant to applicable legislation.
8.8. No posting of User information that would break the law and/or infringe on third parties’ rights is allowed on the Website. INNOTECHNICS reserves the right to ban any User information, which would infringe on third parties’ intellectual, exclusive and/or personal non-property rights, upon copyright holder’s request or at its own discretion.
SECTION 9. CONFIDENTIALITY AND PERSONAL DATA
9.1. Licensor shall not disclose processed User data to third parties or take advantage of it in any way unspecified by the terms of this Agreement.
9.2. As owner of the data, User shall take appropriate measures to keep it confidential.
9.3. Licensor shall not retain User’s confidential information beyond the time span reasonably required for the processing of such information, which is governed by Personal Data Processing Policy. Past that, Licensor shall delete the User data.
9.4. In the event that personal data of Internet users has to be processed to give User access to Services, it is a personal data operator that shall be held accountable for obtaining such users’ consent.
9.5. To meet its obligations under this Agreement and give Users access to Services INNOTECHNICS processes their personal data (and that of Operators) on a fully legitimate basis. INNOTECHNICS outlines the foundations, procedures and conditions for such processing in this Agreement and its Personal Data Processing Policy.
9.6. User data processing is purposed to enable access to Services and to analyze the results of using the Services (incl. collection and filing of such results, preparation of advertising campaigns and targeted ads, conducting of statistical research and analysis of its findings, and accomplishment of other actions described in this Agreement and in respective Website sections).
9.7. INNOTECHNICS starts User (Operator) personal data processing right after Sign In registration.
9.8. User agrees that INNOTECHNICS is entitled to do the following with his/her/its personal data: collection, recording, filing, accumulation, storage, verification, retrieval, usage, transfer, depersonalization, banning, deletion, personal data obliteration, and other actions required to honor this Agreement and provide access to Services.
9.9. User agrees that INNOTECHNICS is entitled to transfer pre-depersonalized User data to third parties in order to collect and analyze statistical data, and for other objectives listed in Personal Data Processing Policy and in this Agreement.
9.10. INNOTECHNICS is entitled to permit third parties to display their ads on the Website. Some of those third parties may elect to store cookie files on a User PC to be able to identify the PC each time they send the User their online ads. No User personal data is disclosed to the third parties in the process. If User opts not to have the above data accessible by third parties in any form, he/she/it is entitled to forbid data collection by changing settings on his/her/its PC.
9.11. INNOTECHNICS takes reasonable and sufficient measures to protect User personal data. While understanding this, User also understands and agrees that no absolute protection against cyber threats can be ensured on the Web. User thereby gives his/her/its unconditional and irrevocable consent to leaving to INNOTECHNICS’s discretion the choice of what the latter deems a high enough level of personal data protection and suitable enough methods and place of data storage.
9.12. User understands and agrees that under no circumstances shall INNOTECHNICS be held liable for the loss and/or wrongful dissemination of personal data if the loss and/or dissemination resulted from third parties’ action.
SECTION 10. WRONGFUL USE OF SERVICES
10.1. User thereby assures INNOTECHNICS that he/she/it has full mental capacity, as stated by pertinent laws in his/her/its jurisdiction, to enter this Agreement and to perform any action in connection with the use of Services in User’s jurisdiction.
10.2. User is forbidden to:
10.2.1. Modify the html code, Java script, or any other source code integral to Services architecture. User is not in a position to use the source code Services have been programmed with as a basis for any new software products, to re-code the software, or to otherwise alter it;
10.2.2. Perpetrate or be conducive to perpetrating criminal or destructive actions prosecutable in accordance with the applicable law;
10.2.3. Impersonate a different individual or representative of a different organization and/or community, and mislead other Users into erroneous perceptions;
10.2.4. Collect and amass information about other Users, manually or automatically;
10.2.5. Thwart Services operation in any way, including but not limited to creating, distributing or taking advantage of software or any other computer-based data with an eye to unlawful destruction, obstruction, modification and copying of computer data or to incapacitation of cyber security means, as well as to impairment or demolition of any computer or telecommunications equipment; deploying malware (computer viruses) for unauthorized access; using serial numbers of commercial software products for their hoaxing; entering logins, passwords and other means for unauthorized access to Services; or posting links to the above information;
10.2.6. Upload, post and share, using the Website’s software, any means of publishing any text, software, images or other materials that promulgate terrorism, incite interethnic, racial or religious tensions, explicate or advocate violence or death, or contain descriptions or images of any brutality against minors in any form, including pornography;
10.2.7. Upload, post and share, using the Website’s software, any means of publishing any text, software, images or other materials that contain obscene materials or information that may elicit wrongdoings such as gambling or illegal arms or drug sales;
10.2.8. Upload, amass, use or share any advertising materials that describe fraudulent schemes, MLM selling techniques, ways of making money on the Web, etc.;
10.2.9. Try to access Services from two or more devices simultaneously. In the event of an account entry attempt from more than one device, User’s working session on a previously authorized device shall be terminated automatically.
10.3. When utilizing Services, User undertakes to keep their data completeness intact and avoid doing the following:
10.3.1. Attempting to scrutinize Services security systems for vulnerability or breach Services registration procedure;
10.3.2. Attempting to impede the use of Services by other Users, including but not limited to uploading malware, corrupting data, spamming Users often with identical information, simultaneously sending out large volumes of email messages and/or Services queries with intent to compromise Website server operation, and other activities beyond a normal scope of Services use which can, calculatedly or inadvertently, disrupt Services operation;
10.3.3. Sending out to Services Users unrequested materials, spamming them, and sending any messages and ads without INNOTECHNICS’s consent;
10.3.4. Emulating and/or hoaxing any TCP/IP packet name in its entirety or part in any email message or piece of information placed in Services;
10.3.5. Making or attempting to make use of any software or Services navigation and search procedures other than the Services-organic search engine and conventional and generally available browsers.
10.4. In the event of spotting any violation of Clauses 10.1 through 10.3, INNOTECHNICS shall leave it to its full discretion to unilaterally renounce this Agreement and delete the delinquent User’s Sign In area without any refund.
SECTION 11. LIABILITY. LIMITATION OF LIABILITY
11.1. Information about Third-party services, their characteristics and features, as well as entities that provide these (hereinafter referred to as “Third-party Right Holders”), to be found on the Website, is based on data INNOTECHNICS has obtained from open Internet sources.
11.2. INNOTECHNICS shall not act as orchestrator of any deals between a buyer and Third-party Right Holder, nor shall it join in any proposed/signed deals between a buyer and Third-party Right Holder as buyer, seller, customer, contractor, mediator or agent, nor assume any separate obligations herewith.
11.3. INNOTECHNICS has no means of controlling Third-party services and shall not guarantee the essence, quality, safety and legitimacy of Third-party services, the truthfulness and accuracy of information they provide, and the accessibility and functionality of Third-party services; nor shall INNOTECHNICS pledge that any deals between User and third parties will be signed and/or any separate obligations fulfilled by the respective parties of a deal.
11.4. INNOTECHNICS provides no representative, agent, mediator or any other entity to be associated with Third-party Right Holders in any way, and therefore shall not be held liable to User for any action, or failure to act, on the part of Third-party Right Holders, and for the accessibility and operability of Third-party services tapped by User.
11.5. Likewise, INNOTECHNICS provides no representative, agent, mediator or any other entity to be associated with Users in any way, and therefore shall not be held liable to Third-party Right Holders for User’s action, or failure to act, and for User’s utilization of Third-party services. INNOTECHNICS shall not be held liable for textual, diagrammatic, audio, video and other content of messages and information (hereinafter referred to as “Content”) which User transmits or receives with the help of either Services or Third-party services.
11.6. INNOTECHNICS shall not be held liable for any direct or oblique financial or other loss User may suffer as a result of temporary Services downtime that has occurred for any of the following reasons: scheduled or off-schedule technical maintenance; technical disruption of computer networks, servers and other means suffered by Internet providers; as well as wrongful actions by third parties or User him-/her-/itself, performed calculatedly or inadvertently (through lack of prudence), and/or any force-majeure situation. In the event of facing any of the above problems INNOTECHNICS undertakes to do its utmost to get Services working again within a reasonable time span.
11.7. Under no circumstances shall INNOTECHNICS be held liable for any violation of legally recognized personal data treatment procedures, if such a violation stemmed from User infringing on legal norms and the terms of this Agreement.
11.8. Limitation of INNOTECHNICS’s liability under this Agreement shall apply to as large an extent as applicable legislation allows. Limitation of INNOTECHNICS’s liability under this Agreement shall not apply exclusively in instances where peremptory legislative norms unambiguously prohibit any specific limitation of liability.
11.9. INNOTECHNICS shall not be held liable for User visiting and making use of external resources to which links may lead from the Website, including Third-party services.
11.10. INNOTECHNICS shall not be held liable for or directly or obliquely indebted to User in connection with any possible or actual losses or costs connected in any way with content of the Website and Third-party services User has utilized based on the Website information, Services, and links to external resources.
11.11. User thereby agrees that INNOTECHNICS shall not accept any obligation in connection with or be held liable for ads that may be placed on the Website.
11.12. INNOTECHNICS shall not be held liable for any damages caused to User by the actual use of Services (with the exception of instances set forth in applicable legislation).
11.13. User thereby confirms that he/she/it has full capacity to obtain and enjoy civil rights and assume and meet civil responsibilities pursuant to the legislation of the country of User residence.
11.14. User undertakes to avoid using Services in breach of his/her/its national legislation and the universally recognized principles and norms of international law. User further undertakes to use Services as originally purposed according to their functionality, including possible instances of transferring data to addressees who have appropriately given consent to obtaining such information, or to addressees who were the first to start communicating with User.
11.15. User thereby confirms that any information he/she/it makes available to INNOTECHNICS is truthful, complete, and up-to-date.
11.16. INNOTECHNICS shall not be held liable to User and third parties alike for any aftereffects that might arise from User submitting misleading, incomplete and outdated information.
11.17. In the event of establishing a fact of User infringing on the terms stated in Clause 11.16 of this User Agreement, INNOTECHNICS shall be entitled to block (deny access to) and then delete the delinquent User’s account.
SECTION 12. GUARANTEES
12.1. Access to the Website and Services is provided on an “as is” basis, with all possible imperfections they may have and without any warranty or operational seamlessness guarantee; User dives into these at his/her/its own peril. User thereby accepts all possible quality and characteristics related risks. INNOTECHNICS does not provide and thereby disowns any overt, assumed or legitimate obligation to provide any guarantee of impeccable operation, data accuracy, salability, satisfactory quality, usability for a specific project, non-infringement on third parties’ rights, as well as guarantees (if available) that would typically stem from routine business operations and practices. INNOTECHNICS does not guarantee that User will face no disruptions when using Services; that Services will live up to User’s expectations; that there will be no interruption or error in Service operation; or that Services will interact or be compatible with any other Website functions or Third-party services, or all errors in Services will be addressed.
12.2. If applicable legislation prohibits the disavowal or limitation of assumed guarantees, or the restriction of legally enforceable consumer rights, the above described refutations and limitations shall apply to a maximum extent allowed by the law.
12.3. The Guarantee disclaimer specified in Clause 12.1 of this Agreement provides a critical prerequisite that conditions INNOTECHNICS’s interest in this Agreement. Under no circumstances shall any written or uttered statements by INNOTECHNICS be construed at variance with the disclaimer.
12.4. INNOTECHNICS shall not be held liable for Services inaccessibility through the fault of third parties or as a result of a force-majeure situation, including power outages, fires, disruptions on telecom channels, acts of terrorism and other situations alike, and also as a result of scheduled technical maintenance of which INNOTECHNICS notified User in advance through any channels available, including notifications published on the Website.
SECTION 13. CONCLUDING STATEMENTS
13.1. INNOTECHNICS reserves the right to immediately restrict or completely block access to Services or take whatever actions deemed necessary to address a User’s breach of this Agreement without delay or prior notification of the delinquent User.
13.2. Depending on the unique nature of some Services components, INNOTECHNICS may establish special terms and conditions for access to such Services.
13.3. INNOTECHNICS is entitled to terminate this Agreement unilaterally as response to a User’s breach of its terms and conditions. If that occurs, the User is expected to cease the use of Services and Intellectual Property without delay.
13.4. INNOTECHNICS is entitled to revoke the offer contained in this Agreement. If that occurs, the money paid to INNOTECHNICS for a License and Services User will not receive because of the annulment of the offer shall be refunded based on the originals of written refund requests, covering the number of unused access days from the moment the User’s account was blocked or deleted till the end of the period to be serviced (Clause 8.4 of this User Agreement).
13.5. By entering this Agreement INNOTECHNICS and User come to an understanding that the Agreement lasts sine die, and either Party may initiate its termination, whenever deemed fit, as stipulated in this Agreement. If termination is initiated by User, he/she/it shall be entitled to no refund, no matter what period his/her/its money was to cover.
13.6. Personal Data Processing Policy is an intrinsic part of this Agreement. If any issue regarding personal data processing happens to arise, causing a contradiction between this Agreement and the Policy, Policy provisos shall prevail.
13.7. This Agreement provides a license contract, pursuant to applicable laws.
13.8. If any proviso of this Agreement has been declared null and void by a court decision, the Parties, notwithstanding that, shall take whatever action may be found appropriate to pursue the initial goals stated in this Agreement; all the other provisos shall remain legally binding in their entirety.
13.9. INNOTECHNICS and User shall take all the measures possible to amicably settle all disputes by means of negotiations. In case such settlement is deemed impossible, the disputes shall be resolved in court at the location of INNOTECHNICS in accordance with the applicable law.
13.10. Parties’ relations under this Agreement are governed by the applicable law.
13.11. Parties do not have any concomitant agreements verbally and/or in writing. The content of this Agreement fully and correctly presents Parties’ declaration of will.
13.12. In aspects that have not been explicitly covered by this User Agreement INNOTECHNICS and User shall be governed by the applicable law.
13.13. User and INNOTECHNICS shall communicate in a variety of ways, including personally, through registered mail exchange, electronically via the Website’s feedback form and User’s Sign In area, or by email messages using User’s email clients; INNOTECHNICS can also communicate through publications on the Website and in User’s Sign In area.
SECTION 14. LEGAL DETAILS
InnoTechnics Doo Beograd
SBRA registration number 21803553.
Registered at: Kraljevacka 68, 11000 Belgrad, Serbia.
Mail address: Kraljevacka 68, 11000 Belgrad, Serbia.