The “Provider” means Aventec and/or its affiliates and subsidiaries.
The “User” means the licensee and any person that has been added to a project organisation.
The “Services” means the Project and Construction management software that the User has the licence to use.
This Agreement describes the terms governing your use of the online services provided to you on this website, including content, updates and new releases, (collectively, the "Services"). It includes by reference:
The Privacy Statement provided to you in the Services available on the website or provided to you otherwise.
Additional Terms and Conditions, which may include those from third parties.
Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
By accessing or using our Services you agree that:
You can form a binding contract with the Provider
You will comply with this Agreement and all applicable local, provincial, national, and international laws, rules, and regulations, including applicable trade regulations.
3. YOUR RIGHTS TO USE THE SERVICES
3.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by the Provider. The Provider reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations, data limits, and otherwise comply with this Agreement, the Provider grants to you a personal, limited, nonexclusive, non-transferable right and license to use the Services.
3.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
Provide access to or give any part of the Services to any third party outside of the projects.
Reproduce, modify, copy, sell, trade, lease, rent, or resell the Services.
Decompile, disassemble, or reverse engineer the Services.
Make the Services available on any file-sharing or application hosting service.
4. PAYMENT AND TAXES.
For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for the Services, unless the Provider or its third-party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
Payments will be billed to you in currencies which may be made available (plus any and all applicable taxes), and your account will be debited (including any applicable taxes) when you subscribe and provide your payment information, unless provinciald otherwise in the program ordering or payment terms on the website for the Services.
You must pay with one of the following:
A valid credit card acceptable to the Provider;
A valid debit card acceptable to the Provider;
Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
By another payment option the Provider confirms to you in writing.
If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, or a chargeback is processed on your account, we may suspend or terminate your account immediately, without notice, and refuse any use of the Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
The Provider will automatically renew your annual Services at the then-current rates, unless the Services subscription are cancelled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for the Services.
5. USE WITH YOUR MOBILE DEVICE
Mobile access to the Services requires an active subscription, internet access, and may not be available for all mobile devices or telecommunication providers. You will need to check the Services website to ensure your mobile device and telecommunications provider is compatible with the Services. The Provider is not obligated to provide a compatible version of the Services for all mobile devices or telecommunication providers, which are subject to change by the Provider at any time with reasonable notice to you. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
THE PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:
THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
ANY LOSS, DAMAGE, OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
6. YOUR PERSONAL INFORMATION.
You can view The Provider's Privacy Statement provided with the Services and on the website for the Services. You agree to the applicable Privacy Statement, and any changes published by The Provider. You agree that The Provider may use and maintain your data according to the Privacy Statement, as part of the Services. You give The Provider permission to combine identifiable and non-identifiable information you enter or upload to the Services with that of other users of the Services and/or other Provider services. For example, this means that The Provider may use your and other users' non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for you to compare business practices with other users. The Provider is a global company and may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
7. CONTENT AND USE OF THE SERVICES
7.1. Responsibility for Content and Use of the Services
Content includes any data, information, materials, text, graphics, images, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant The Provider a worldwide, royalty-free, non-exclusive license to host and use your Content. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. The Provider is not responsible for any of your Content or data that you submit through the Services.
7.2. Restricted Use of the Services.
7.2.1. You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote or transmit any of the following, including but not limited to:
Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages would encourage "flaming" others, or criminal or civil liability under any local, provincial, country or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual's privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual to the public;
Except as permitted by The Provider in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
Virus, Trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content that you do not own or have the right to use which is not legally yours and without permission from the copyright owner or intellectual property rights owners thereof.
7.2.2. You shall not, and shall not permit any users of the Services or any other party to, engage in, solicit, or promote any activity that is objectionable or may be illegal, violates the rights of others, is likely to cause notoriety, harm or damage to the reputation of the Provider or could subject the Provider to liability to third parties, including: (i) unauthorized access, monitoring, interference with, or use of the Services or third party accounts, data, computers, systems or networks; (ii) interference with others' use of the Services or any system or network, including mail bombing, broadcast or denial of service attacks; (iii) unauthorized collection or use of personal or confidential information, including phishing, pharming, spidering, and harvesting; (iv) viewing or other use of any Content that, in the Provider's opinion, is prohibited under this Agreement; (v) any other activity that places the Provider in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; or (vi) attempting to probe, scan, penetrate or test the vulnerability of an the system or network or to breach the Provider's security or authentication measures, whether by passive or intrusive techniques. The Provider reserves the right to not authorize and may terminate your use of the Services based on reasonable suspicion of your activities, business, products or services that are objectionable or promote, support or engage in any of the restricted uses described above.
You shall have no right, title or interest in and to the Service or Software, which rights of ownership will always be held by the Provider.
You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for general archiving or back-up purposes. You also agree not to store "critical" data on the Service, including without limitation data pertaining to power generation, military or national security, or any function to sustain or rescue the health or well-being of any person.
7.3. Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. The Provider does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which the Provider is not responsible.
7.4. The Provider may freely use feedback you provide. You agree that the Provider may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant the Provider a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to the Provider in any way.
7.5. The Provider may monitor your Content. The Provider may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect the Provider or its customers, or operate the Services properly. The Provider, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7.6 Third-party Services. Our Services contain features designed to interoperate with third-party services (which may include, for example, Google, Facebook and Twitter services). Such Service features depend on those third-party providers continuing to make their services, including their application programming interfaces ("APIs") where applicable, available for the Services. If any of those third-party service providers ceases to make its applicable services or APIs available on reasonable terms to The Provider, We may cease providing the corresponding features without entitling You to any refund, credit, or other compensation.
8. ADDITIONAL TERMS
8.1. The Provider does not give professional advice. Unless specifically included with the Services, The Provider is not in the business of providing legal, financial, accounting, tax, health care, real eprovincial or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
8.2. We may tell you about other services. You may be offered other services, products, or promotions by the Provider ("Other Services"). Additional terms and conditions and fees may apply. With some Other Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant The Provider permission to use information about your business and experience to help us to provide the Other Services to you and to enhance the Services. You grant the Provider permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant The Provider permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
8.3. Communications. The Provider may be required by law to send Communications to you that may pertain to the Services or third party products and the use of information you may submit to us. Additionally, certain third party services you choose may require Communications with third parties who administer these programs. You agree that we and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our sponsored websites, such as http://www.aventec.net. You consent to receive these Communications electronically. The term "Communications" means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Services or third party services. We may also send Communications to you using the means listed below.
The decision whether to do business electronically is yours, and you should consider whether you have the required hardware and software capabilities described below. Your consent to do business electronically and our agreement to do so covers all transactions you conduct through the Services.
In order to access and retain an electronic record of Communications, you will need: a computer, a monitor, a connection to an Internet service provider, Internet browser software that supports 128-bit encryption, PDF reader, and an email address. As applicable, you are confirming to us that you have the means to access, and to print or download, Communications. We do not provide ISP services. You must have your own Internet service provider.
If you later decide that you do not want to receive future Communications electronically, please notify us by email at firstname.lastname@example.org. If you withdraw your consent to receive Communications electronically, we may terminate your use of the Services.
8.4. You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact the Provider if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
9. DISCLAIMER OF WARRANTIES
9.1. YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. THE PROVIDER AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
9.2. THE PROVIDER, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
10. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR THE SERVICES AGREEMENT(S) TO THE CONTRARY. THE ENTIRE LIABILITY OF THE PROVIDER, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, THE PROVIDER, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET THE PROVIDER SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF THE PROVIDER AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF THE PROVIDER, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold the Provider and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as "Claims"). The Provider reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any Claims. You agree to reasonably cooperate as requested by The Provider in the defence of any Claims.
11. CHANGES. We reserve the right to modify this Agreement, in our sole discretion, at any time. Such modifications may be posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. It is important that you review this Agreement whenever we modify it because your continued use of the Services indicates your agreement to the modifications.
12. TERMINATION. The Provider may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Services, related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable The Provider policy, or if you no longer agree to receive electronic communications, or if your use of the Services conflicts with The Provider's interests or those of another user of the Services. Upon termination, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect The Provider's rights to any payments due to it. The Provider may terminate a free account at any time. All sections will survive and remain in effect even if the Agreement is terminated.
13. GLOBAL TRADE RESTRICTIONS. You agree that you and anyone who uses the Services, including the related website, online services and mobile application, are not prohibited from receiving the services under the laws and regulations of the United Provincials or other applicable jurisdiction. You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United Provincials government. You agree that you will comply with these export control and sanctions laws and regulations, and will not transfer or provide any part of the Services, in violation of these laws and regulations, directly or indirectly.
14. GOVERNING LAW. English law governs this Agreement without regard to its conflict of laws provisions.
15. DISPUTES. Most disagreements can be resolved informally and efficiently by contacting our customer support team.
16. GENERAL. This Agreement, including the Additional Terms below and all services agreements, attachments, exhibits, and scheduled annexed thereto, is the entire agreement between you and the Provider regarding its subject matter and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. Any license of the Provider’s software or purchase of the Provider’s services and support are made pursuant solely to the terms and conditions of this Agreement. Notwithstanding the content of any purchase order, sales order, sales confirmation, or any other printed or pre-printed document relating to the subject matter herein, the terms and conditions contained in this Agreement shall take precedence over any contract or other document between you and the Provider, and shall be incorporated by reference into any subsequent purchase order, sales order, or contract, and any conflicting, inconsistent, or additional terms and conditions contained therein shall be null and void. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You may not assign or transfer ownership of this Agreement to anyone without written approval of the Provider. However, the Provider may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by the Provider or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact The Provider via an email to: email@example.com.