These Terms of Use are a legal agreement between you (an End User) and MyFaro. By checking the “I agree” checkbox, accessing, installing, downloading or otherwise using the SaaS-platform, you agree to be bound by these Terms of Use (hereinafter referred to as the “Terms”). If you do not agree to these, then you are not allowed to use, download or otherwise access the SaaS-platform and MyFaro does not grant you a license to use the SaaS-platform.
The following definitions shall apply in these Terms regardless of whether they are used in their plural or singular form:
These Terms are applicable to your use of the SaaS-platform and describe your rights and obligations with regard to the SaaS-platformand any related services.
MyFaro grants you a revocable, non-exclusive, non-transferable, limited license (without the right to sub-license) to access and use the SaaS-platform, strictly in accordance with these Terms. This license is granted to you solely for the purposes of facilitating your personal duties towards your Client Company and you may not use the SaaS-platform for any other purposes.
4.1 End User obligations
While using the SaaS-platform, you are obliged to:
4.2 End User restrictions
While using the SaaS-platform, you may not (directly or indirectly):
All Intellectual Property Rights vested in the SaaS-platform and any related services are the sole and exclusive property of MyFaro (or its licensors) and are protected by the applicable copyrights and other applicable rights in accordance with local, national and international legislation.
MyFaro does not grant you any other rights to the SaaS-platformthan granted pursuant to these Terms. The rights in the SaaS-platform described in these Terms are licensed (not sold) to you and you shall not in any way acquire any title, rights of ownership, copyrights, Intellectual Property Rights or other proprietary rights of whatever nature in the SaaS-platform.
Except as otherwise provided in these Terms, you shall not (directly or indirectly), without the written consent of MyFaro:
6.1 Support
For support related matters, you should in first instance contact your Client Company (or the person assigned by your Client Company).
If you are an employee, consultant, agent or other representative of the Client Company and you encounter problems when using the SaaS-platform MyFaro shall provide the support services on a best effort-basis via an online ticketing system.
6.2 Availability
MyFaro will make commercially reasonable efforts to ensure a continued availability of the SaaS-platform. However, we do not guarantee that the SaaS-platform shall be accessible or available at any time, any place or on any End User device. The SaaS-platform may for example not be available during periods of maintenance carried out by MyFaro or its hosting provider (which can be either planned or unplanned). If feasible, maintenance by MyFaro shall be carried out outside of regular business hours and MyFaro shall inform you as soon as reasonably possible of any such maintenance.
MyFaro and the Hosting Provider reserve the right to conduct any unplanned maintenance at any time if necessary for security reasons or other reasons requiring immediate maintenance. MyFaro or the Hosting Partner will not be held liable for any damages resulting from such unavailability of the SaaS-platform. MyFaro shall inform the Client Company of the unplanned maintenance as soon as possible.
MyFaro reserves the right to modify or update the SaaS-platform from time to time to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
MyFaro has the right to verify the End User’s usage of the SaaS-platform, including by keeping logs containing data concerning the Users’ use of the SaaS-platform, including access, volume usage and account usage. These logs are kept for invoicing, service monitoring and improvement as well as security purposes. The End User agrees that these logs can be used as evidence to demonstrate compliance or breach of these Terms or any agreement between MyFaro and the Client Company and all rights and obligations thereunder. The logs shall be construed as evidence, unless proof to the contrary.
9.1 End User’s Third Party Technology
The End User acknowledges that in order to use the SaaS-platform, it may need appropriate hardware, networks, operating systems, data transmittal lines with appropriate communication applications or environments.
The End User acknowledges that, if applicable now or in the future, in order to use the SaaS-platform, it may need to obtain, at its own expense, the right to use any software owned by third parties.
For the avoidance of doubt, any Third Party Technology purchased by the End User or otherwise included in the SaaS-platform shall exclusively be governed by the service offering of the applicable Third Party Technology.
9.2 MyFaro’s or the Client Company’s Third Party Technology
Third Party Technology, whether provided by MyFaro or involved by the Client Company, are subject to the delivery conditions, guarantees, maintenance conditions and any other contractual terms ("Third Party Warranties") of the supplier concerned ("Third Party Supplier"). The End User explicitly accepts the applicability of the specific conditions for Third Party Technology. The End User shall, where possible, address any claims exclusively to the Third Party Supplier in view of obtaining the repair of any visible and/or hidden defects in the Third Party Technology in accordance with such Third Party Warranties.
The End User acknowledges and agrees that, to the extent permitted by applicable law, MyFaro does not accept obligations, nor provide any warranties, with respect to the Third Party Technology in addition to the Third Party Warranties.
9.3 Hosting
The SaaS-platform will be hosted in the datacenters of MyFaro’s Hosting Partner and such hosting is subject to the applicable service offering of the Hosting Partner. The hosting services shall be subject to the applicable Terms and conditions of the Hosting Partner as available on https://aws.amazon.com/agreement/ and https://www.mongodb.com/legal as may be changed by the Hosting Partner from time to time.
The SaaS-platform and any related services are made available to you “as is”. MyFaro disclaims all warranties of any kind, either express or implied, including but not limited to implied warranties of accuracy or completeness of data, merchantability and fitness for a particular purpose, or non-infringement with respect to the SaaS-platform.
Subject to the maximum extent permitted under applicable law and the below paragraphs, MyFaro shall only be liable towards the End User for direct damages caused by MyFaro that were foreseeable and MyFaro’s maximum liability shall not exceed the amount actually paid out by MyFaro’s insurer for the damage causing event related to the usage of the SaaS-platform.
Subject to the maximum extent permitted by law, MyFaro shall not be liable to you for any indirect, punitive, special, consequential, or similar damage (including damages for loss of profit, lost revenue, loss of business, loss of corruption of data, loss of goodwill, and reputational damage, (potential) investments and costs of restoring data) arising or incurred due to the usage of the SaaS-platform. MyFaro is not responsible for any actions taken or decisions made based on the information provided on the SaaS-platform. Users should always exercise their own judgement and are encouraged to verify the provided information and seek professional advice when appropriate. Users should never fully rely on the information generated in the SaaS-platform.
In any case, MyFaro shall not be liable for damages caused by you, your Client Company or any third parties (including third party service providers and providers of Third Party Technology).
During your use of the SaaS-platform MyFaro collects and processes your personal data as a data processor on behalf of your Client Company (as data controller) in accordance with the instructions, the legal basis and the purposes as determined by your Client Company (including to enable MyFaro to perform its contractual obligations under the agreement concluded with your Client Company).
Please contact your Client Company (being the data controller) if you wish to receive more information about the legal basis and the purposes of the processing of your personal data.
To learn more about our use of personal data and how MyFaro protects your personal data, please read our privacy policy (available at https://www.myfaro.be/privacy-policy-2/).
MyFaro reserves the right to change these Terms from time to time (e.g. to reflect changes in applicable law, best practices or to deal with additional feature(s) which we may introduce).
Any change will be notified to you by e-mail or advised to you on your next usage of the SaaS-platform, thirty (30) days prior to entering into force, unless that change is needed to comply with relevant law (in which case, the change may be enforced immediately). The date of the most recent version is shown on the first page of these Terms. Please review these Terms periodically to stay informed of changes that may affect you.
By accessing or otherwise using the SaaS-platform after the Terms have been changed in accordance with this clause, you agree to be bound by the amended Terms. If you do not agree with any of the amended provisions, you will have no right to access and use the SaaS-platform.
These Terms shall apply for as long as you remain an End User.
If you do not comply with these Terms, MyFaro reserves the right to immediately terminate (or alternatively, at MyFaro’s discretion, refuse or suspend) your access to the SaaS-platform, without any formalities being required and without prejudice to any other right MyFaro may have under applicable law.
In following circumstances your access to the SaaS-platform may be refused:
The provisions of these Terms that are expressly or implicitly intended to survive termination, shall survive expiration or termination of your access and use of the SaaS-platform, including without limitation, the provisions relating to Intellectual Property Rights and limitation of liability.
MyFaro is not required to provide you with copies of End User Data nor continue to maintain copies of such End User Data on the SaaS-platform. However, if requested by the End User upon termination of the access to the SaaS-platform, MyFaro may provide to the End User all End User Data stored in the SaaS-platform on an external hard disk or by any other digital means (at the discretion of MyFaro). MyFaro will not retain End User Data beyond a term of thirty (30) days after termination of the access to the SaaS-platform.
MyFaro is not responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by force majeure or events outside of its control. In such case MyFaro will inform you as soon as possible and shall undertake such steps to minimize the effects of force majeure or events outside of its control.
Without written approval of MyFaro, you may not transfer your rights or your obligations under these Terms to another person. MyFaro may assign, transfer and/or subcontract the rights and obligations under these Terms to its affiliates.
If any provision of these Terms is held to be unenforceable (in whole or in part), the other provisions shall nevertheless continue in full force and effect. The provisions found to be unenforceable shall be enforceable to the full extent permitted by applicable law.
These Terms may be waived only by a written document signed by the party entitled to the benefits of one or more provisions of these Terms. No such waiver or consent shall be deemed to be or shall constitute a waiver or consent with respect to any other Terms or conditions, whether or not similar. Each such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given and shall not constitute a continuing waiver or consent.
These Terms shall be governed by and construed in accordance with the laws of Belgium and the Parties hereto submit to the exclusive jurisdiction of the courts of Ghent (Bruges division), Belgium.
Before initiating proceedings before the competent courts, you shall exercise reasonable good faith efforts to amicably settle any disputes that might arise during the execution of these Terms.
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