Mobile Application (SYNERTRACKER) T&Cs

Mobile Application Purposes

The purpose of the Mobile Application Service is to provide the Services through mobile technology.

The Mobile Application Service commercial conditions are described in the confirmed Order Form.

Terms and conditions of use

By using the Mobile Application Service, you agree to :

• Comply with the laws and regulations in force;
• Refrain from using the mobile application for purposes that are illegal or contrary to these terms and conditions;
• Refrain from infringing the intellectual property rights of Synerglass-Soft or third parties;
• Refrain from altering, modify or circumvent the security measures of the mobile application;
• Refrain from using the mobile application in an abusive manner or by disrupting its proper operation.

Synerglass-Soft reserves the right to suspend or terminate access to the mobile application in the event of a breach of these terms of use.

Protection of personal data

The use of Synerglass-Soft Mobile Application may involve the collection and processing of personal data. Synerglass-Soft undertakes to comply with the laws and regulations in force regarding the protection of personal data.

You can consult our privacy and cookie policies and our GDPR Data Processing Statement which are incorporated by reference hereby to find out more about the collection, processing, storage in the cloud and protection of your personal data.

Sign-Up Mandatory Procedure

You need to sign up for a user account by providing all required information in order to access or use the Mobile Application Service.

You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; (ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete; and (iii) to expressly (e.g., box ticking) agree to the present T&Cs and privacy-related documents incorporated here by reference.

Otherwise, Provider may immediately suspend or terminate the Services.

Warranty Disclaimer

The Mobile Application Service is provided “as is”. Synerglass-soft hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Synerglass-Soft does not make any warranty that the Mobile Application Service will be error free or that access thereto will be continuous or uninterrupted.

Limitation of Liability

You agree that Synerglass-Soft shall, in no event, be liable for any consequential, incidental, indirect, special, punitive, or other loss or damage whatsoever or for loss of business profits, business interruption, computer failure, loss of business information, or other loss arising out of or caused by your use of or inability to use the Mobile Application Service, even if Synerglass-Soft has advised of the possibility of such damage. In no event shall Synerglass-Soft’s entire liability to you in respect of any service, whether direct or indirect, exceed the fees paid by you during the twelve (12) months prior to the first event giving rise to such liability.

Indemnification

You agree to indemnify and hold harmless Synerglass-Soft from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Mobile Application Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim arising from feature bugs or content of the Mobile Application by either you or a third party;. This indemnification obligation will survive these Terms and your use of the Mobile Application Service.

Intellectual property rights

Synerglass-Soft retains full title and property on the Mobile Application and it is the legitimate and exclusive holder of all Intellectual Property rights linked to the Mobile Application content (including but not limited to texts, images, videos, logos) and the Services and Documents associated with it.

The use of the Mobile Application does not confer users with any claim on any intellectual property rights.

Any reproduction, representation, modification, commercial or non-commercial use, in whole or in part, of the mobile application and/or its content is prohibited, except with the prior written consent of Synerglass-Soft.

Modification of terms and conditions

Synerglass-Soft reserves the right to modify these terms and conditions at any time, by publishing an updated version on its website or by informing users by e-mail. Changes will come into effect on the date of their publication or notification to users.

Final provisions

If any provision of the Agreement is held to be wholly or in part invalid or unenforceable, the invalidity or unenforceability will not affect the other provisions of the Agreement.

A waiver by Synerglass-Soft of any breach or obligation of these Terms is not deemed a waiver of any other breach or obligation.

These terms and conditions constitute the entire agreement between Synerglass-Soft and the user concerning the use of the mobile application and replace any previous agreement, oral or written, relating to this subject.