Terms and Conditions
Last updated: June 5, 2019
These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with nerd.vision, including, but not limited to, any related sites, Software, Agents, API’s, Documentation and Content (the "Service") operated by Intergral GmbH (“Intergral”, ”us", "we", “We”, or "our").
Please review these Terms and Conditions carefully before using 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 visitors, 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 access the Service.
Service
Service Offering
We may choose to modify, suspend, stop or discontinue the Service, including any parts of the Service at any time without prior notice to you as we update our offerings.
Privacy Policy
The Privacy Policy http://www.intergral.com/privacy-statement governs any and all of the personal information that you provide to us.
Accounts
When you create an account (your “Account”) with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Account on our Service.
You are responsible for maintaining the security of your Account and password, and you are fully responsible for all activities that occur under the Account, including any other actions taken in connection with the Account, regardless of whether such activity is authorized by you.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Availability of the Service
The Service or parts of the Service may not be available in your country and Intergral may restrict the functionality of the Service in some countries. It is your sole responsibility to ensure that your use of the Service is and remains legal in the country where you reside. The Service may not be available in every language. If we determine that your use of the Service violates laws, creates an excessive load or results in adverse impact on our systems, Intergral may, in addition to any of its other rights or remedies and without liability to Intergral, suspend your access to the Service.
Fees and Payment
Subscriptions and Usage
The Service offers paid plans (“Paid-Plan”). By selecting a Paid-Plan you agree to pay Intergral any monthly and annual subscriptions fees (“Subscription”) as well as any additional usage charges (“Usage”) indicated on the Service.
Fees will be automatically charged at the start of each billing period, unless otherwise agreed in writing with Intergral. Your Subscription fees and Usage fees may have different billing periods. Annual Subscription fees may be prorated into a monthly billing period on some Paid-Plans.
A valid payment method, including credit card, is required to process the payment for your Paid- Plan. You shall provide Intergral with accurate and complete billing information including full name, address, state, zip code, telephone number, and valid payment method information. By submitting such payment information, you automatically authorize Intergral to charge all Subscription and Usage fees incurred through your Account to any such payment instruments.
Unless you notify Intergral before the end of the applicable subscription period that you want to cancel a Subscription or Intergral cancels the Subscription, the Subscription will automatically renew and you authorize us to collect the then-applicable Subscription and Usage fees using any payment mechanism we have on record for you.
Paid-Plans can be canceled at any time through your online Account management user interface. You will still be responsible for the payment of all Usage fees and charges incurred prior to the cancellation of the Service, as well as any Subscription fees owed.
Downgrading your Service may cause the loss of content, features, or capacity of your Account. Intergral does not accept any liability for such loss.
Disputes to Charges or Invoices
Intergral must receive written notice of any disputed charges or invoices from you within fourteen (14) days of the invoice date. You must be willing to provide information in reasonable detail concerning the disputed charges or invoices.
Taxes
You are responsible for all taxes. Intergral will charge tax when required to do so. If you are exempted from applicable taxes, you must provide Intergral with your official exemption documentation at the time of purchase.
Free Trial
Intergral may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
At the end of the Free Trail, your Subscription will expire and any further use of the Service will require you to pay any applicable fees.
At any time and without notice, Intergral reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
Fee Changes
Prices for the Service, including but not limited to Subscription fees and Usage fees of the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by contacting you via email or by posting the changes to the Service website.
Your continued use of the Service after any fee changes come into effect constitutes your agreement to pay the modified fees.
Refunds
Except when required by law, paid Subscription fees, Usage fees and charges are non-refundable.
Restrictions
Except where relevant laws require to be permitted, you may not and shall not:
(i) reverse engineer, modify, disassemble, decompile, make derivative works of or otherwise attempt to discover the code, implementation or algorithms of any part of the Service;
(ii) use the Service in order to develop or permit others to develop a product or service similar to the Service, competitive or otherwise;
(iii) offer the Service or any part thereof to third parties for the purposes of resale, renting, leasing, transferring, lending, timesharing, assigning or redistributing without our written permission;
(iv) circumvent, disable or otherwise interfere with the security of the Service, or attempt or perform a breach of the security of the Service including probing or scanning for security vulnerabilities;
(v) send to the Service any virus, worm, Trojan horse or other malicious or harmful code or content;
(vi) use robots, spiders, scrapers or similar tools or methods to access, monitor or collect content about the Service for any purpose;
(vii) access data not intended for you, or access an account you are not authorized to access;
(viii) interfere with, circumvent, manipulate, overload, impair or otherwise disrupt the Service or workaround any technical limitations in the Service;
(ix) enable any feature or functionality that is otherwise disabled, inaccessible or undocumented in the Service;
(x) use the Service in an unlawful manner, or for any harmful, or irresponsible, or inappropriate purpose, or in breach of these Terms.
Agent License
Use of any of our software agents (each an “Agent”) is governed by these terms and conditions and any license agreements which are included with the Agent, or expressly stated in the Service page(s) or repositories providing the Agent. We grant you a limited license to install and execute our Agent software.
Use of Decompiler
The Service includes decompiling functionality ("Decompiler") that enables reproducing source code from the original binary code. You hereby acknowledge that the binary code and source code may be protected by copyright, trademark and other laws which may prohibit you from decompiling them and/or using Decompiler. Before using Decompiler, you should make sure that the decompilation is not prohibited by any applicable license agreement of the application and/or original binary code (except to the extent that you may be expressly permitted under applicable law) or that you have obtained permission to decompile the code from the copyright owner. Using Decompiler is entirely optional. Intergral does neither encourage nor condone the use of the Decompiler and disclaims any liability for your use of Decompiler in violation of applicable laws.
Use of Debugger
The Service includes debugging functionality ("Debugger") that enables debugging programs that may contain binary code, source code and intellectual property protected by copyright, trademark, patent and other laws which may prohibit you from debugging them and/or using Debugger. Before using Debugger, you should make sure that debugging is not prohibited by any applicable license agreement of the program and/or original binary code (except to the extent that you may be expressly permitted under applicable law), or by other protecting laws, or that you have obtained permission to debug the program from all legal protection owner(s). Using Debugger is entirely optional. Intergral does neither encourage nor condone the use of the Debugger and disclaims any liability for your use of Debugger in violation of applicable laws.
Third-Party Web Sites, Services, Products and Technology
Our Service may contain links to third-party web sites or services that are not owned or controlled by Intergral. The Service may also contain third-party technology (for example plugins created by entities other than Intergral). Intergral does not endorse, has no control over and assumes no responsibility for, the content, operation, functionality, privacy policies, or practices of any third party web sites, services, products or technology. You also acknowledge and agree that Intergral shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, services, products or technology available on or through any such web sites, services, products or technology. In addition, we may provide you with software governed by an open source license. If there are provisions in those open source licenses that expressly conflict with these Terms, the relevant open source license terms will apply.
ANY THIRD PARTY PRODUCT OR TECHNOLOGY DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH YOUR USE OF THE SERVICE IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH THIRD PARTY PRODUCT OR TECHNOLOGY.
Intellectual Property
Except with respect to your Data, you agree that Intergral and our licensors own all rights, title and interest in the Service. NerdVision, the NerdVision logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Intergral or Intergral’s 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 Intergral. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Neither your use of the Service or this Agreement transfer from Intergral to you any rights to use the Intergral trademarks, logos, domain names, or other brand features Intergral or third party intellectual property, and all right, title and interest in and to such property will remain solely with Intergral.
Your Data
Your use of the Service may require you to transmit data (your “Data”). You retain ownership and all rights in your Data. You hereby represent and warrant that you have all of the necessary rights and consents to disclose Data to Intergral, including but not limited to personally identifiable information for use by the Service and that Data may be transferred outside of the EEA. You shall provide all notices to the data subjects as required by all applicable laws, rules and regulations in connection with the processing of any personally identifiable information by the Service. You hereby grant Intergral the right to process Data in anonymized and aggregated forms for the purposes of but not limited to operating the Service, improving the Service, internal statistics, promotion, sales and marketing. You must not submit Data to the Service that is regarded as “sensitive” including but not limited to personal health information, government issued identification numbers and other data that has been defined by applicable laws as “sensitive” personal data or data that violates the intellectual property rights of third parties. You shall be solely responsible for ensuring that any processing of Data by Intergral and/or you by the Service does not violate any contracts and agreements that you have entered into or any applicable laws.
Customer Reference
By using the Service you acknowledge and accept that we may identify and indicate you as a customer and user of the Service and you grant us the right to use your name, logo and website URL, on our websites, in online or offline marketing materials, social media and in
press releases. You can opt-out of this at any time by submitting a written request via email to support@nerd.vision, requesting to be excluded from Customer Reference. Requests may take thirty (30) calendar days to process.
Termination
We may terminate or suspend your account or cease providing the Service or any part of the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
You understand that any termination or suspension of the Service may result in you losing access to the Service, deactivation or the deletion of your Account and the deletion of any and all passwords, content and data associated with your Account. Intergral will not have any liability whatsoever to you for any suspension or termination, including deletion of your data.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by closing your Account for the Service through your online account management user interface.
Closing your Account will result in Termination of the Service.
If you close your account, you will still be responsible for the payment of all Usage fees or charges incurred prior to the cancellation of service, as well as any Subscription fees owed.
If you wish to terminate this Agreement, you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Limitation Of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INTERGRAL, NOR ITS 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 (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) 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.
Indemnification
You agree to indemnify, defend and hold harmless Intergral, its licensors, parents, subsidiaries, affiliates, directors, officers, agents, employees, contractors, resellers or other partners from and against all claims, demands, losses, expenses or damages, including attorneys’ fees, arising out of or related to your use of the Service, including but not limited your violation of this Agreement, your violation of any law or to allegations that any use of your data under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party.
Warranties and Disclaimer
The Service is available “AS-IS” AND WITHOUT WARRANTY. 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.
Intergral its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, error-free, securely or be 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, are accurate or reliable. Intergral will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Service. In the event of a failure or malfunction of the Service we will attempt to regain the Service’s availability as soon as practicable. Such incidents will not be considered a breach of these Terms.
Export Control
United States: If the Service is used by you in the United States, you acknowledge: (a) The Service and any portion thereof is subject to U.S. export jurisdiction and agree to comply with all applicable international and national laws that apply to the Service, including the U.S. Export Administration Regulations, as well as end-user, end- use, and destination restrictions issued by U.S. and other governments and notwithstanding the above; and (b) the provisions of the USA Uniform Computer Information Transaction Act do not apply to this Agreement. You also agree that you will not use the Service or any part thereof for any purpose prohibited by U.S. law.
General: The export of the Service or any portion thereof from the country in which you obtained the Service may be subject to control or restriction by applicable local and international laws. You are solely responsible for determining the existence and application of any such law to any proposed export and for obtaining any needed authorization. You agree not to export the Service or any portion thereof from any country in violation of applicable legal restrictions on such export.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Baden-Württemberg, Germany, without regard to its conflict of law provisions.
General Terms
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements between us regarding the Service. 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 full force and effect and an enforceable term will be substituted reflecting our intent as closely as possible.
Modifications to Agreement
We reserve the right, at our sole discretion, to modify the Agreement at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Please check the Service regularly to review our current Terms.
Contact Us
If you have any questions about these Terms, please contact us at support@nerd.vision.
