Agreement of Terms of use between you and Qymatix


Updated as of 09th December 2016

Qymatix Solutions GmbH
Haid-und-Neu-Strasse 7
76131 Karlsruhe
Germany

Contact
Phone +49 (0) 721 9658 670
Telefax +49 (0) 721 174268
E-Mail info@qymatix.com
________________________________

GENERAL


Terms of use apply to all users of Qymatix (also referred as „Service“ or „Qymatix“) a product owned by Qymatix Solutions GbmH. Qymatix Solutions GbmH is based in Karlsruhe, Germany, and this Agreement is governed by and is to be construed in accordance with German law. The German Courts will have non-exclusive jurisdiction to deal with any dispute which has arisen or may arise out of, or in connection with, this Agreement.

This agreement governs the use of Qymatix services and Qymatix website. If you register for a demonstration or a free trial, this agreement will also govern that demonstration or free trial.

By using Qymatix services, visiting Qymatix website or clicking on a dedicated box, you are agreeing to the terms of this agreement on your behalf or on behalf of a company or other legal entity you might represent, and you acknowledge to have the authority to bind such entity and its affiliates to this agreement. If you do not agree with this terms of use, you must not accept this agreement and must not use Qymatix services.

You shall not access Qymatix if you are a direct competitor, except with Qymatix prior written consent. Additionally, you may not access Qymatix for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

SERVICE


Qymatix is a predictive analytics service, dedicated to a professional use only. Qymatix Solutions GmbH has no liability for any corruption, deletion, destruction, loss or accuracy of any of your data or analytics.

Qymatix reserve for itself the right to modify or terminate this Agreement at any time and without prior notice. If you continue to access or use Qymatix you are indicating the acceptance of any new terms or conditions. If you do not accept the modified terms of use, you do not need to accept them and will have to refuse of continuing using Qymatix services.

ACCOUNT

In order to access Qymatix, you will have to register yourself and create an account. You must be 18 years or older to use this Service. You must be a human and agree not to use or launch any automated system to access Qymatix unless authorized to so by our prior written consent. Your login must only be used by you and you alone. You are not allowed to share your login information not the access rights with any other person neither are you allowed to share your account or access. Similarly, you may never use another’s user account. You can still create separate logins for different persons.

You are responsible for all activity that occurs on your account. Qymatix will not be liable for any loss or damage from your failure to comply with this obligation. One person or legal entity may not maintain more than one account for free trial purposes. You may access and use the Service only for lawful purposes. You must notify Qymatix immediately of any breach of security or unauthorized use of your account at info@qymatix.de. You must provide Qymatix with your full legal name, a valid email address, and any other information requested during the signup process.

Qymatix thereby grants you a personal, non-sub licensable, non-transferable and non-exclusive right to use this service. Intentionally failing to identify yourself or proving Qymatix with a false name in order to gain access to the service is considered a violation of this terms of use and could be prosecuted.

You expressly understand and agree that Qymatix is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from your use of our services. You agree that you bear sole responsibility for adequate security, protection, and backup of your data.

Qymatix reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the service without notice.

You shall not attempt to perform reverse engineering, decompile or any other methods to acquire Qymatix source code. You are prohibited from developing and/or providing a “hosted service” that reimplements or duplicates the Qymatix functionality.

PAYMENT AND REIMBURSEMENTS


Qymatix can be tested for free during a trial period,without any commitment of a future purchase. If you want to use the service after the trial period, you must subscribe through your account to the paying version at the rates and conditions applied. You will no longer enjoy any second free trial period. Payments for any period of use are charged before the start of it. A valid credit card is required for paying accounts. Direct billing is also possible if decided by Qymatix. There is no account activation fee but implementation cost ay apply. If during any two weeks period you are not satisfied with the usage of the tool, you can contact us and we will reimburse you the last two weeks of usage. You can only ask for a reimbursement once.

Taxes will be charged regarding your location for each payment and will appear on each bill. Customers living outside the European Union won’t be charged additional taxes unless future changes in the legislation of your country force Qymatix to. Customers living inside the European Union but outside Germany will be charged German taxes unless they give us their intra-communitarian VAT number. You agree to provide Qymatix with complete and accurate billing information. You can always downgrade your type of subscription for the following calendar month.

CHANGES TO THE SERVICE AND PRICES


Qymatix holds the right without prior notice at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof). Prices and monthly subscription plan fees to the Qymatix Service, are subject to change. Notice can be provided at any time by posting the changes to the Qymatix Site.

Qymatix will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Qymatix Service.

TERMINATION

You are responsible for termination of your account. You can cancel your account at any time by clicking on the „cancel my account“ button or by sending an email to your sales contact. After the termination of your account, all of your generated content and information can be immediately deleted from Qymatix, unless agreed otherwise.

This information cannot be recovered once your account is terminated. If you terminate the Service before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.

Qymatix reserves the right to refuse the service to anyone for any reason at any time. Qymatix has the right to suspend or terminate any account and to refuse the current or future use of the Qymatix Service for any reason at any time.

CONTENT OWNERSHIP


Qymatix has no intellectual property rights or any other property rights over the material you provide to the Service. Your profile, materials, and data uploaded remain exclusively yours. Neither this Agreement nor the usage of the service grants you any license, interest or right in respect of any intellectual property rights of Qymatix.

Qymatix has the right to remove any content at any time without prior notice. You may not duplicate, copy, or reuse any portion of the HTML/CSS or any visual design elements of the service without express written permission from Qymatix. You agree not to reproduce, duplicate, copy, sell, resell or exploit in any way any portion of the Qymatix Service, use of the Qymatix Service, or access to the Qymatix Service without the express written permission by Qymatix.

Nothing in this Agreement will prevent you from making any disclosure of any intellectual property rights of Qymatix if required by law or by any competent authority.

SUPPORT


Your use of the Qymatix Service is at your sole risk. The Qymatix service is provided on an „as-is“ and „as-available“ basis. Technical support is provided to paying account holders first and to fee account holders only if available. Technical support is only available via email at info@qymatix.de. You understand that Qymatix uses third party vendors and hosting partners to provide the necessary software, hardware, networking, storage, and related technology required to run the Service and is not liable in any way for downtimes or technical issues of third-party, vendors or hosting partners. Unless otherwise expresses, your data will be hosted in Germany.

If the bandwidth usage exceeds the limit specify in your subscription plan or significantly exceeds and average bandwidth usage (as determined by Qymatix), Qymatix withholds the right to disable your account until you can reduce your bandwidth consumption.

You must not transmit any worms or viruses or any code of a destructive nature through Qymatix service and to Qymatix and you will be held accountable for it shall it happen.

Shall Qymatix fail to exercise or enforce any right or provision of this Terms of Use, it will not constitute in any way a waiver of such right or provision. The Terms of use constitutes the entire agreement between you and Qymatix and govern your use of the Qymatix Service, superseding any prior agreements between you and Qymatix (including, but not limited to, any prior versions of the Terms of Use).

THIRD PARTY SERVICES


Some of our products rely on third party providers. Shall any of them cancel or refuse their services without prior advice, Qymatix might be able to continue providing you with some of the selected functionalities. In that case, we will do our best to find a suitable substitute. If we are not able to replace the third party service, we will inform you within 48 hrs. In that case, we will reimburse you with a proportion of the service we are not longer able to provide. By no means shall Qymatix be held responsible for breach of contract.

FINAL CLAUSES


The place of jurisdiction for any disputes that arise from or in connection with this agreement is Karlsruhe, Germany. Should individual terms of this agreement be invalid or lose validity due to factors arising at a later date, the validity of the rest of the agreement shall remain unaffected. Communication with you may take place in the form of emails sent to the email address entered you provided Qymatix during registration. You must ensure that your email address is always up to date and that it is always able to receive emails from Qymatix.

LOGO


By registering for the Qymatix service, you grant Qymatix permission to use your company name and logo for marketing and promotion purposes only.

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