1. TERMS OF SERVICE FOR PeakCorteX MOBILE APPLICATION
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Last modified: October 31, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the PeakCorteX mobile application (the "Service").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not use or access the Service.
Your use of the PeakCorteX mobile application (the "Service") is governed by this legal agreement (the "Terms"). The Service is provided by Saymon R. Gattnar ("PeakCorteX"), email: support@peakcortex.com.
1.1 SOFTWARE IN OUR SERVICE
We give you a personal, non-assignable, non-exclusive, of the purpose of the contract limited license to use the Software provided to you by Us as part of the Service. The license is for the sole purpose of enabling you to use Our Service in the manner permitted in these Terms. You may not (or permit anyone else to) copy, modify, rent, loan, distribute, sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in any part of the Service or Software, nor may you reverse engineer, decompile, or otherwise attempt to extract the source code of the Software, unless expressly permitted or required by law.
1.2 SUBSCRIPTIONS
Some parts of the Service are provided against payment on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Contract Term and Billing cycles are set either on a monthly, half-yearly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of a contract term, your Subscription will automatically renew under the exact same terms and conditions unless you cancel it or we cancel it.
- Payment will be charged to iTunes Account at confirmation of purchase.
- The subscription is automatically extended by the previously agreed term unless auto-renew is turned off at least 24-hours before the end of the current period and the contract was terminated on time.
- Account will be charged for contract extension within 24-hours prior to the end of the current period, and the cost of contract extension will be the same as your in-app purchase cost.
- Subscriptions may be managed by the user and auto-renewal may be turned off by going to your Account Settings after purchase.
1.3 FREE TRIAL
We may, at our sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial"). At any time and without notice, We reserve the right to (a) modify the terms and conditions of the Free Trial offer, or (b) cancel such Free Trial offer.
1.4 FEE CHANGES
We at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
1.5 REFUNDS
Except when required by law, paid Subscription fees are non-refundable.
1.6 INTELLECTUAL PROPERTY: PeakCorteX
The Service and its original content, features and functionality are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of us.
1.7 LIMITATION OF LIABILITY
In no event shall We, nor Our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from a) your access to or use of or inability to access or use the Service; b) any conduct or content of any third party on the Service; c) any content obtained from the Service; and d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
We, Our subsidiaries, affiliates, and our licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
1.8 GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding Our Service, and supersede and replace any prior agreements We might have between us regarding the Service.
1.9 CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
2. TERMS AND CONDITIONS FOR PeakCorteX WEBSITE
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Last modified: October 31, 2020
Your use of the PeakCorteX website (the "Service") is governed by this legal agreement (the "Terms"). The Service is provided by Saymon Gattnar ("PeakCorteX"), email: support@peakcortex.com.
These terms outline the rules and regulations for the use of website, located at https://peakcortex.com. By accessing this website, we assume you accept these terms of service. Do not continue to use peakcortex.com if you do not agree to take all of the terms and conditions stated on this page. The Service is available to you if you are 13 years of age or older. If you are 13 or older, but under the age of majority in your country of residence, you must review this agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
The following terminology applies to these Terms: "Client", "You" and "Your" refers to you, the person visiting this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of Germany. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2.1 LICENSE
Unless otherwise stated, We (PeakCorteX) and/or its licensors own the intellectual property rights for all material on peakcortex.com. All intellectual property rights are reserved. You may access this from peakcortex.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from peakcortex.com
- Sell, rent or sub-license material from peakcortex.com
- Reproduce, duplicate or copy material from peakcortex.com
- Redistribute content from peakcortex.com
2.2 HYPERLINKING TO OUR CONTENT
You may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site.
No use of PeakCorteX logo or other artwork will be allowed for linking absent a trademark license agreement.
2.3 IFRAMES
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
2.4 CONTENT LIABILITY
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
2.5 YOUR PRIVACY
Please read our Privacy Policy
2.6 RESERVATION OF RIGHTS
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it's linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
2.7 DISCLAIMER
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
2.8 CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.