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Terms and
Conditions
Privacy
Your Privacy is important to us. Please read Tolomeo Software's Privacy Statement, as it describes the types of data we collect from you and your devices. If the processing is based on your consent, by agreeing to these terms, you consent to the collection, use, and disclosure of Your Content and Data by Tolomeo Software as described in the Privacy Statement. In some cases, we will provide a separate notice requesting your consent as outlined in the Privacy Statement. Your content Many of our Services allow you to store your content. Tolomeo Software does not claim ownership of your content. Your content will remain your property and will remain your responsibility. a. If you share your content with others, you understand that they may, on a worldwide basis, use, store, record, reproduce, transmit, share, and display your content for the purpose for which you have made your content available. You represent and warrant that, so long as these Terms are in effect, you have (and will have) all necessary rights in and to your content that is uploaded, stored, or shared on or through the services and that the collection, use, and retention of your content will not violate any law or the rights of any third party. Tolomeo Software does not own or control, test, pay, endorse, or otherwise assume any responsibility for your content and, for this reason, will not be responsible for your content or material that others upload, store, or share through the use of the services. b. To the extent necessary to provide the services to you and others, as well as to protect you and the services and to improve Tolomeo Software&apos:s products and services, you grant Tolomeo Software a royalty-free, worldwide intellectual property license to use your content, for example, to copy, preserve, transmit, reformat, display, and distribute via communication tools your content on the services. Code of Conduct a. By agreeing to these Terms, you agree that, when using the services, you will follow the following rules: Not to engage in activities that exploit, harm, or threaten to harm minors. You will not spam or engage in phishing activities. Spamming is the sending of unsolicited bulk e-mails, instant messages, or similar electronic communications. Phishing is the sending of an e-mail or other electronic communications to fraudulently or illegally induce recipients to disclose personal or confidential information, such as passwords, birth dates, Social Security Numbers, passport numbers, credit card information, financial or other confidential information, or to gain access to accounts or records, leak documents or other confidential information, payment or financial benefit. Do not publicly display or use the Services to share inappropriate content or material (including, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity) or Your content or material that does not comply with local laws or regulations. Do not engage in fraudulent, false, or misleading activities (e.g., soliciting money under false pretenses, impersonating an individual or entity, manipulating the services to increase game counts, influencing ratings, rankings, or comments) or activities that are libelous or defamatory. Not to circumvent any restrictions on access to or availability of the services. Do not engage in activities that could harm you, others, or the services (e.g., the transmission of viruses, harassment, posting of terrorist or violent extremist content, racial slurs and threats, or support of violence towards others). Not engage in activities that violate the privacy or data protection rights of other persons or entities. Not assist other individuals in violating these rules. b. Enforcement. If you violate these Terms, we may, in our sole discretion, stop providing the services to you or close your Tolomeo Software account. We may also block the delivery of a communication (e.g., an email, file share, or instant message) to and from the services as part of our effort to enforce these Terms, or we may remove or refuse to post your content for any reason. During the investigation of alleged violations of these Terms, Tolomeo Software reserves the right to review your content to remedy the problem, and you hereby authorize such review. However, we cannot monitor all Services and do not intend to do so. Use of the Services and Technical Support a. Tolomeo Software Account. To access many of the services, you need a Tolomeo Software account. Your Tolomeo Software account allows you to log in to our website and make use of the services provided by Tolomeo Software. b. Creating an Account. You may register online to create a Tolomeo Software account. You agree not to use false, inaccurate, or misleading information when registering for a Tolomeo Software account. In some cases, if you obtain a Tolomeo Software account through a third party, that third party may have additional rights to the account, such as the ability to access or delete the account. If so, please read carefully any additional terms provided to you by the third party, as Tolomeo Software assumes no responsibility or liability in connection with such terms. If you create a Tolomeo Software account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind such entity to these Terms. You may not transmit your Tolomeo Software account credentials to another user or other entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Tolomeo Software account. c. Minors and Accounts. By creating a Tolomeo Software account or using the services, you agree to be bound by and accept these Terms, and you represent that you have reached the "age of majority" or "legal responsibility" where you reside or that your parent or valid legal guardian agrees to be bound by these Terms on your behalf. If you do not know whether you have reached the age of majority or the "legal responsibility" applicable to the place where you reside, or if you do not understand this section, please ask a parent or legal guardian for assistance. If you are the parent or legal guardian of a minor, you and the minor agree to be bound by and accept these Terms and assume responsibility for any use of the Tolomeo Software account or the services, including purchases, whether the minor's account has already been created or will be created later. d. Data Plans and Additional Equipment. To use many of the services, you must have an Internet connection or a data or cellular network plan. You are responsible for providing all connections, plans, and equipment necessary to use the services, as well as for paying the providers' prices for such connections, plans, or equipment. Such prices are in addition to the charges you pay for the services and are non-refundable. Check with the providers to determine if such prices apply to you. e. Service Notices. In the event we have something to tell you about a Service you use, we will send you Service notifications. If you provided us with your email address or phone number associated with your Tolomeo Software account, we may send you Service notifications by email. f. Termination of User Services. If Your Services are terminated (at the instance of Tolomeo Software), first, your right to access the services will immediately cease and your license to use the software related to the Services will terminate. Second, we will delete the Data, or your content associated with the service or otherwise disassociate it from you and the Tolomeo Software account (unless we are required by the applicable law to retain, return or transfer it to you or a third party you designate). As a result, you may no longer have access to the services (or The content that you have stored therein). We, therefore, recommend that you make regular backup copies. Use of Third-Party Applications and Services The Services may enable you to purchase or access services, websites, links, content, material, knowledge, integrations, or applications from independent third parties (companies or persons other than Tolomeo Software). Many of our services will also help you find, make requests to or interact with Third Party Applications and Services, and share your content or Data. Also, please remember that when you use our services, they will make Third-Party Applications and Services available to you. Third-Party Applications and Services may also allow you to store your content or your Data with the publisher, provider, or operator of such Third-Party Applications and Services. Third-Party Applications and Services may include a privacy policy or require you to agree to their terms to install or use such Third-Party Applications and Services. Third-party terms do not modify these Terms. Tolomeo Software does not grant any intellectual property licenses to you as part of any Third-Party Applications and Services. You agree to assume all risks and liability arising from your use of such Third-Party Applications and Services and agree that Tolomeo Software is not responsible for any inconvenience arising from your use of them. Tolomeo Software is not responsible or liable to you or anyone else for any information or services provided by Third Party Applications and Services. Availability of Services a. The Services, Third Party Applications, and Services or material and products offered through the services may be unavailable from time to time, may be offered on a limited basis, or may vary by country or device region. If you change the location associated with your Tolomeo Software account, you may have to repurchase the materials or applications that were available to you and for which you paid in the previous country or region. You agree not to use or access materials or services that are illegal or unlicensed for use in the country or region from which you use or access such materials or services, and you further agree not to conceal or misrepresent your location or identity to use or access such materials or Services. b. Although we strive to keep the services up and running, all online services experience interruptions. Tolomeo Software is not responsible for any interruptions or losses you may suffer as a result. In the event of a Service interruption. It is recommended that you periodically back up Your content and the Data that you store on the Services or that you store through Third-Party Applications and Services. Updates to the Services or Software and Changes to these Terms. a. We may change these Terms at any time and will tell you when we do so. Your use of the Services after the changes take effect will signify your acceptance of the updated terms. If you do not agree to the added terms, you must stop using the services, close your Tolomeo Software account and, if you are the parent or guardian of a minor, you must assist us in closing your Tolomeo Software account. b. Sometimes, you will need software updates to continue using the services. We may automatically check your software version and download software updates or configuration changes. You may also be required to update the software to continue using the services. Such upgrades will be subject to these Terms unless the upgrades are accompanied by other terms, in which case those other terms will apply. Tolomeo Software is not obligated to make any updates available to you, nor does Tolomeo Software guarantee that the version of the system for which you purchased (or licensed) software, applications, content, or other products will be supported. Such upgrades may not be compatible with software or services provided by Third-Parties. You may withdraw your consent to future software updates at any time by uninstalling the software. c. In addition, there may be times when it is necessary to remove or change features or functionality of the service or to cease providing a service or access to Third-Party Applications and Services. Except to the extent required by applicable law, we have no obligation to provide a new download or replacement of any previously purchased materials, Digital Products, or applications. We may release the services or their features in the preview or beta version, which may not function properly or in the same manner as the definitive version. Software License Unless accompanied by a separate license agreement from Tolomeo Software, any software we provide to you as part of the services is subject to these Terms. The services are subject to the sections below. a. If you comply with these Terms, we grant you the right to install and use the software by only one person at a time when using the services. The software or website that is part of the services may include third-party code. The third-party owners of the code, and not Tolomeo Software, license you to use any third-party scripts or code that is linked to our software or website. Any notices that may be included in this document regarding third-party code are for informational purposes only. b. Tolomeo Software reserves all rights in the software not expressly granted by Tolomeo Software, whether by implication, estoppel, or otherwise. This license does not grant you any rights and you may not: Circumvent or bypass any technical protection measures contained in or related to the software or services; disassemble, decompile, decrypt, pirate, emulate, exploit or reverse engineer the software or any other aspect of the services contained in or accessible through the services, except and only to the extent that such activity is expressly permitted by applicable intellectual property law. Separate components of the software or services for use on different devices; publish, copy, rent, lease, sell, export, import, distribute or lend the software or services unless Tolomeo Software expressly authorizes you to do so; transfer the software, software licenses or rights to access or use the services; use the services in an unauthorized manner that may interfere with any other person's use of or access to services, data, accounts or networks. Warranties a. Tolomeo software and our affiliates, resellers, distributors, and suppliers make no warranties, express or implied, or conditions regarding your use of the services. You understand that your use of the services is at your sole risk and that we provide the services on an "as is," "as available" and "as available" basis. Tolomeo Software does not guarantee the accuracy or timeliness of the services. You may have certain rights under local law. Nothing in these terms will affect those rights if they apply. You acknowledge that telecommunications equipment and systems are not free from defects and that an occasional period of downtime may occur. We do not warrant that the services will be uninterrupted, timely, secure, and error-free or that there will be no loss of content. We also do not warrant any connection to or transmission from computer networks. b. To the extent permitted by local law, we exclude all implied warranties, such as those of merchantability, satisfactory quality, fitness for a particular purpose, professional competence, and absence of infringements. Limitation of Liability To the extent permitted by applicable law, you may not recover any damages for loss or consequential damages; loss of actual or anticipated profits (whether direct or indirect); loss of actual or anticipated revenue (whether direct or indirect); loss of contract or business or other loss or damage arising from the use of the services in a non-personal capacity; special, indirect, incidental or punitive loss or damage; and to the maximum extent permitted by law, direct loss or damage in excess of the limits specified in an above. These limitations and exclusions will apply even if this remedy does not provide you with full compensation for any losses or fails of its primary purpose, and even if Tolomeo Software knew or should have known of the possibility of such damages. To the fullest extent permitted by law, these limitations and exclusions apply to anything or any claim relating to these Terms, the services, or software related to the services. Tolomeo Software will not be liable for any failure or delay in the performance of its obligations under these Terms to the extent such failure or delay arises from circumstances beyond Tolomeo Software's reasonable control (e.g., labor disputes, acts of God, war, or terrorist activity, malicious damage, accidents, or compliance with applicable law or governmental regulation). Tolomeo Software will use its best efforts to minimize the effects of such events and to perform its obligations unaffected by them. Other Contract Clauses This clause, the clauses, and those clauses which, by their terms, apply after termination of these Terms shall survive any termination or cancellation of these Terms. To the extent permitted by applicable law, we may assign these Terms, subcontract our obligations under these Terms or sublicense our rights under these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the services. This document constitutes the entire agreement between you and Tolomeo Software regarding your use of the services. This agreement supersedes all other prior agreements between you and Tolomeo Software regarding your use of the services. By agreeing to these Terms, you are not relying on any statement, representation, warranty, condition, undertaking, or promise not expressly set forth in these Terms. All parts of these Terms apply to the maximum extent permitted by applicable law. If a court or arbitrator holds that we cannot enforce a portion of these Terms as written, we may replace the affected terms with similar terms to the extent necessary to make them enforceable under applicable law, but the remainder of these Terms will not be modified. These Terms exclusively govern the relationship between you and Tolomeo Software for mutual benefit. These Terms are not intended for the benefit of any Third-Party, other than Tolomeo Software's successors and assigns. Section headings are provided for reference purposes only and have no legal effect. Reservation of Rights and Comments.?Except as expressly provided in these Terms, Tolomeo Software does not grant you a license or other rights of any kind under any know-how, patent, intellectual property, trade secret, trademark, or other intellectual and industrial property owned or controlled by Tolomeo Software or a related entity, including, without limitation, names, trade dress, logo or equivalents. By submitting to Tolomeo Software any ideas, proposals, suggestions, or comments, including, without limitation, ideas for new products, technologies, promotions, as well as product names, comments, and enhancements, you provide Tolomeo Software, without charge, royalty or other obligation to you, the right to make, have made, create derivative works of, use, share and market your comments in any manner and for any purpose. You will not provide feedback that is subject to a license that obligates Tolomeo Software to license its software, technology, or documentation to any third party because Tolomeo Software includes your feedback in it.