By accessing, providing data or otherwise using this Business Impact Explorer – beta version (hereinafter “the Service”), you agree to these Terms of Service (hereinafter “the Terms”), which form a legally binding agreement between Transmetrics AD, registered in the Bulgarian Commercial Register under No. 203327443, having its registered address at 164 Knyaz Boris I, 2nd floor, 1301 Sofia, Bulgaria (hereinafter “Transmetrics”), and the User (as defined below). If you accept the Terms on behalf of a legal entity, you represent and warrant that you have full authority to bind that legal entity to the Terms. If you do not agree to the Terms, do not access, provide data or otherwise use the Service.
If you agree to the Terms in your individual capacity, you may be referred herein as “User”, “you” or “your”. If you agree to the Terms on behalf of a legal entity, then “User”, “you” or “your” will mean that legal entity.
2. Service Description
The Service analyzes time series demand data to diagnose the impact of events & business changes in the logistics industry. The Service is in test mode. Any reliance on or other use of the results of the Service is solely at the risk of the User.
3. User Data
3.1 When you upload or otherwise provide data to be analyzed via the Service (hereinafter “the Analyzed Data”), you give Transmetrics (and those we work with) a worldwide license to use, store and modify the Analyzed Data for the purpose of providing the Service. You must ensure that you have the necessary rights to grant Transmetrics this license. The Analyzed Data is only processed until the results of the Service are provided to the User and is deleted once the current user session ends. Transmetrics does not undertake to provide encryption or any other security measures in connection with the Service.
3.2 The Service does not require the provision of any personal data and is not designed to process such data. Accordingly, you expressly agree that the Analyzed Data will not include personal data within the meaning of Regulation (EU) 2016/679 (The European General Data Protection Regulation) or any other personal data protection legislation that may be applicable to you.
4. Compliance with laws
You warrant that you comply with all applicable laws, including (but not limited to) all export control and economic sanctions laws, relating to the use of the Service. The use of the Service in any unlawful manner or for any unlawful purpose is strictly prohibited.
The Service is provided free of charge. If any custom, duty, tax (including withholding tax), levy or fee for the import or export, transfer, access or use of the Service, then the User is responsible to pay any such amount.
6. DISCLAIMER OF WARRANTY
THE SERVICE IS PROVIDED ON AN ‘AS IS’ BASIS. TRANSMETRICS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
FURTHER, TRANSMETRICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE SECURITY, ACCURACY, LIKELY RESULTS OR RELIABILITY OF THE SERVICE OR OTHERWISE RELATING TO THE SERVICE.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANSMETRICS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, EVEN IF TRANSMETRICS OR A TRANSMETRICS AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to indemnify and hold Transmetrics, its directors, employees and suppliers harmless from any claim or demand made by any third party due to or arising out of the Analyzed Data, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another, including but not limited to any damages and reasonable attorneys’ fees incurred in connection with such claim or demand.
9.1 Transmetrics may revise the Terms at any time without notice. By using the Service, the Client agrees to be bound by the then current version of the Terms.
9.2 These Terms are governed by and construed in accordance with the laws of Bulgaria, without regard to the conflict of laws provisions thereof, and the parties irrevocably submit to the exclusive jurisdiction of the courts in Bulgaria.
Date: 14 April 2020