Terms of Use

Terms of Use 2020-01-28T20:28:38+00:00

Last updated 22 January 2020

These Terms of Use describe rules for visitors to all ATIV Software content, web pages, and software. We may change these Terms of Use at any time. Please review the Terms of Use each time you visit the website and/or app. By using ATIV Software products, software, services or website, you accept the most recent version of the Terms of Use and Privacy Policy. Please read our Terms carefully and contact support@ativsoftware.com if you have any questions.

1. Your Relationship with ATIV Software

Your usage of ATIV Software products, software, services or website (referred to collectively as “Services” on this webpage) is subject to the terms of a legal agreement between you and ATIV Software. This webpage explains how the agreement is made up and sets out some of the terms of that agreement.

    a. Our license to you. Subject to these Terms and Providers’ Terms, ATIV Software grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services. You may not copy, modify, distribute, sell, rent, or lease any part of our Services included software. You may not reverse engineer or attempt to extract our source code without our explicit written consent. ATIV Software reserves the right to revoke this license granted to you without notice for any or no reason.

    ATIV Software reserves the right in its sole discretion, but is not obligated, to permanently or temporarily terminate or suspend any user account for any reason, or for no reason, without any notice and liability. ATIV Software also reserves the right to remove any user-generated content ATIV Software believes to violate these Terms. ATIV Software retains the right to bring legal action to enjoin violations and/or to collect damages, if any, caused by violations.

    b. Use of the Services by you. You agree to use the Services only for purposes that are permitted by (i) the Terms and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

    You must be at least 13 years old to use the Services.

    You agree not to use or attempt to use these Services for improper purposes, including but not limited to:

    • any fraudulent, abusive, unlawful, harassing, or other improper purpose which may cause a risk of harm, loss, physical or mental injury, emotional distress, death, disability, or physical or mental illness to yourself, another user, or any other person. This also includes any risk or loss to ATIV Software, it’s business and reputation, employees, members, agents, partners, independent contractors, or other tangible property.
    • violations of any applicable foreign, federal, state and local laws, rules and regulations including, but not limited to, any laws relating to harassment or stalking a third party.
    • infringements of third party’s trademark, patent, trade secret, copyright, publicity, privacy, or other rights.
    • attempt to scan, probe or breach ATIV Software security or authentication measures.
    • sending or attempting to send unsolicited messages or spam.
    • impersonating any person or entity; falsely stating or misrepresenting your affiliation with a person or entity.
    • use of systems, software, or services to extract data from any Services for commercial purposes (“screen scraping”) is strictly prohibited.

    ATIV Software reserves the right to refuse service to anyone. If at any time your account is terminated, you will still be bound by Sections 2 and Sections 5-9 of these Terms. If you wish to terminate your account (i) remove all related app, software, and related Services from your devices and (ii) contact customer service at support@ativsoftware.com

2. Content and Data

You understand that all information (such as data files, linked content, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the (“Content”).

    a. Uploading or posting content. If you upload or post content to Services (“Content”), you retain all rights and you are solely responsible for the content you uploaded, posted or shared with others or to the public. You agree to give ATIV Software an unrestricted license to use any Content you uploaded. ATIV SOFTWARE IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON ATIV SOFTWARE SERVICES.

    b. How ATIV and others can use your Content. By uploading or posting content to ATIV Software Services You also grant ATIV Software, its partners, authorized clients, and affiliates a nonexclusive, royalty-free, transferable, sublicensable, worldwide license to use, host, store, reproduce, modify, communicate, publish, perform, create derivative works, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, improving our Services, and to develop new ones. Nothing in these Terms shall restrict other legal rights ATIV Software may have to Content such as other licenses. ATIV Software may, but is not required, review and moderate Content, and reserves the right to remove or modify Content for any reason, including Content believed to violate these Terms and policies.

    c. How long we keep Content. ATIV Software may retain Content for a commercially reasonable time depending on the Service Agreement with its clients and partners, for backup, archival, or audit purposes. Other users of Services may continue to use, store, display, reproduce, create derivative works, perform or distribute any Content that other users have stored or shared on their own or through Services. ATIV Software is not liable for the acts of other users with Content.

    d. Risks of data loss. Accidents happen, whether caused by human, hardware or software errors, natural disasters, or any other cause. It is your responsibility to back up data. While the ATIV Software will attempt to recover any lost data, ATIV Software makes no guarantee that any Content can be recovered. You will not hold ATIV Software liable for any data loss, regardless of where the Content is stored.

    e. Accuracy of data and third-party material. Services may display or make available, content, data, information, applications, or materials from third-parties (“Third-Party Material”) or provide links to third-party websites. ATIV Software provides links to third-party websites for your convenience, but ATIV Software does not review, control, or monitor the materials on any other websites. By using Services, you acknowledge and agree that ATIV Software is not liable or responsible to you or any third-party for verifying the content, accuracy, completeness, timeliness, validity, copyright compliance, or legality of Third-Party Material or websites.

    f. Exporting of content and software. Your use of Services must comply with all applicable import and export control laws and regulations of the United States and other countries and you must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to our Services that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software.

    g. Copyright and Trademark Policy. ATIV Software owns the names used for our products and services on this website, and these names are protected by United States and foreign trademark laws. A ® following a name on our website indicates that the trademark has been registered in the United States. A ™ following a name on our website indicates that it is an unregistered trademark. All trademarks are the property of their respective owners.

    ATIV Software respects the intellectual property rights of others and expects you to do the same. In accordance with the U.S. Digital Millennium Copyright Act, we will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe your content has been copied in a way that constitutes copyright infringement, please provide us the following information: (i) a physical or electronic signature of the copyright owner or person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or the subject infringing activity that is to be removed or access that is to be disabled, and information sufficient to permit us to locate the material; (iv) your contact information including your name, phone number, address, and email address; (v) a statement by you that you have good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or law; and (vi) statement that the information in the notification is accurate and, under penalty and perjury, you are authorized to act on behalf of the copyright owner.

    We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, ATIV Software will also terminate a User’s account if the User is deemed to be a repeat infringer. A complaint can be submitted by contacting us at copyright@ativsoftware.com.

    Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is Silke Fleischer, ATIV Software, 340 S LEMON AVE #4605, WALNUT, CA 91789, UNITED STATES.

    h. Wireless Carrier Rates. Standard wireless carrier’s rates may apply if cellular data is enabled in the device settings to access or use the Services. You also represent that you are the owner or authorized user of the wireless device on which the Services are being used, and you understand and are authorized to approve the applicable charges.

3. Security of Data

All files and data of Services are either accessible publicly or password protected. ATIV Software cannot guarantee that unauthorized third-parties will not be able to defeat any security measures implemented to protect Content. If you believe your files and data have been compromised, please notify us immediately. You will not hold ATIV Software liable for any damages or lost profits of any kind from any security breach.

4. Changes to the Terms

ATIV Software may make changes to these Terms from time to time. You understand and agree if you use the Services after the date on which the Terms have changed, ATIV Software will treat your use as acceptance of the updated Terms of Use.

5. Indemnity

You will indemnify, defend, and hold ATIV Software, its members, employees, agents, contractors, and affiliates harmless from and against any claims, damages, liabilities, judgments, costs, including attorney fees, from any third party claims arising from any breach by you of any Terms of Use.

6. Warranty Disclaimers

ATIV SOFTWARE PROVIDES SERVICES ON AN “AS IS” BASIS AND MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE, ACCURACY, RESULTS OF USE, RELIABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IN NO EVENT WILL ATIV SOFTWARE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF SERVICES REMAINS WITH YOU.

ATIV SOFTWARE DOES NOT WARRANT OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN SERVICES.

ATIV SOFTWARE DOES NOT WARRANT OR ASSUME RESPONSIBILITY IN RESPECTS TO UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, WORM-FREE, OR SECURITY WITH USE OF SERVICES.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ATIV SOFTWARE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, DIRECT, EXEMPLARY, PUNITIVE, COMPENSATORY, AND CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING IN CONNECTION WITH THIS AGREEMENT, WHETHER SUCH LIABILITY ARISES FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE AND APPLIES WHETHER OR NOT ATIV HAS ADVISED THE POSSIBILITY OF LOSS OR DAMAGE.

ATIV SOFTWARE SHALL HAVE NO LIABILITY WITH RESPECT TO THE CONTENT OF THE SERVICES OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS, LIBEL, INFRINGEMENTS OF RIGHTS OF PUBLICITY, PRIVACY, TRADEMARK, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, MORAL RIGHTS, OR THE DISCLOSURE OF PERSONAL INFORMATION. IN NO EVENT SHALL ATIV SOFTWARE BE LIABLE FOR DAMAGES GREATER THAN $100.00USD.

8. Governing Law and Jurisdiction

These Terms of Use shall be construed and governed by the laws of the State of California. Each party irrevocably and unconditionally consents to the exclusive jurisdiction and venue in State and Federal Courts located in San Francisco County, California.

9. General Terms

Modifications. ATIV Software reserves the right to discontinue, add, or modify any of our Services, Terms of Use and/or our Privacy Policy without notification. You should review the policies and Terms on occasion at http://ativsoftware.com/legal/.

Privacy. In addition to these Terms, you are also bound by the ATIV Software Privacy Policy available at http://ativsoftware.com/legal/privacy-policy/.

Exposure. You agree to use Services at your sole risk. You may be exposed to materials that are offensive, indecent, or otherwise objectionable including but not limited to unintentional links or references to objectionable material. ATIV Software is not liable for any damages from such material however, you may report to support@ativsoftware.com. Your sole remedy is to discontinue the use of Services.

Assignment. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you. Any attempted transfer or assignment will be null and void. ATIV Software reserves the right to transfer or assign rights or licenses without restriction.

Entire Agreement/Severability. In addition to the rules in these Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you purchase additional Services, or by following a link from this web site. Please read our Privacy Policy to learn how ATIV Software protects and uses information gathered through this web site.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

No Waiver. No delay or failure on the part of ATIV Software to exercise any right under these Terms or any law shall operate as a waiver of such right.

ATIV Customer Service.To contact ATIV Software for any reason please email our customer service team at support@ativsoftware.com.