Terms of Service

Valid from 08.01.2020

General Terms 

1. These license terms (hereinafter, the “Terms”) constitute a legally binding agreement between Hepta and User with respect to use of the uBird application (hereinafter the „Application“). 
2. These Terms apply to the Application and to any update, releases, upgrades, future versions, supplements or associated components and printed material and/or online or electronic documentation. Except otherwise expressly stated in these Terms, any reference to the Application shall be deemed to be made to any functionality or services provided by Hepta (not by third parties) through the Application. 
3. User completely and unequivocally agrees to be bound by these Terms without modification by electronically accepting the ToS and/or installing, copying, downloading or otherwise using the Application, User completely and unequivocally agrees to be bound by these Terms without modification. 
4. User will not access, install, download or otherwise use the Application, if User does not accept the Terms and/or does not intend to be legally bound by the Terms. 
5. The Application is licensed, not sold. 

License 

1. Hepta grants to User a limited, revocable, non-exclusive, non-transferable, worldwide license to access, download, install and/or use the Application solely for its purposes strictly in accordance with present Terms. 
2. User may access and/or install the Application on a device, that the User owns or controls. 
3. User has to register an account in order to use the Application.

Restrictions 

1. User agrees not to, and will not permit others to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application. 
2. User may not copy (except as expressly permitted by this Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof. 
3. User agrees that any Hepta service contains information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright and that User will not use such information or materials in any way whatsoever except for permitted use of the Hepta service. 

Consent to Use Data, Privacy Policy, Intellectual Property 

1. User agrees that Hepta may collect and use User data (including its employees and service providers) and related information which it has uploaded to the Application or modified thereafter (including but not limited to User´s work content, images, annotations and technical information). Hepta may use this information free of charge to improve its products or to provide services or technologies to the User and its customers. 
2. The ownership of the User‘s data which is uploaded via the Application belongs to the User. The User grants an irrevocable worldwide license to Hepta to use the Users data to improve Hepta’s products or to provide services or technologies to the User and its customers.
3. Hepta follows the legal acts when handling personal information and logging information. 
4. User accepts Privacy Policy and agrees to be contacted by Hepta.

Modifications to Application 

1. Hepta reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to the User. 

No Warranty 

1. User expressly acknowledges and agrees that use of the Application is at User´s sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with User. To the maximum extent permitted by applicable law, the licensed Application and any services performed or provided by the Application are provided “as is” and “as available”, with all faults and without warranty of any kind, and Hepta hereby disclaims all warranties and conditions with respect to the Application, including but not limited to, the implied warranties and/or conditions of satisfactory quality, of fitness for particular purpose, of accuracy, and non-infringement of third party rights. Hepta does not warrant, that the functions contained in, or services performed or provided by the Application will meet User´s requirements, that the operation of the Application or service will be uninterrupted or error-free, or that defects in the Application or services will be corrected. No oral or written information or advice given by Hepta or its authorized representative shall create a warranty. 

Limitation of Liability 

1. To the extent not prohibited by law, in no event shall Hepta be liable to the User or any third party for direct or indirect damages whatsoever, including without limitation damages for loss of profits, loss of data, business interruption or any commercial damages. 

Term and Termination 

1. These Terms shall remain in effect until terminated by User or Hepta. 
2. Hepta may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms with or without prior notice. 
3. These Terms will terminate immediately, without prior notice from Hepta, in the event that User fails to comply with any provision of these Terms. User may also terminate these Terms by deleting itself from the Application. 
4. Upon termination of these Terms, User shall cease all use of the Application. 

Severability

1. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

Amendments to this Agreement 

1. Hepta reserves the right, at its sole discretion, to modify or replace these Terms at any time. 

Applicable law and agreements, complaints and dispute resolution 

Applicable law and agreements, complaints and dispute resolution

1. Present Agreement is governed by the jurisdictions of Estonia. 
2. All disputes between the parties will be settled by negotiations. If the parties fail to reach an amicable agreement, the dispute will be resolved at the Harju County Court. 
3. The User or other party can submit their claim or complaint on the following email: info@heptainsights.com. 

Contact Information 

If you have any questions about these Terms, please contact us: 

Hepta Group Airborne OÜ 

Registry code 14311560 

Paju tn 2, 50603, Tartu,

ESTONIA 

https://www.heptainsights.com/

E-mail: info@heptainsights.com