This Terms and Conditions of the Service (the “TOS”) is a legal agreement between you and Karta Software Technologies, Lda., under which Karta Software is providing you online add-ons, content and other online services through your device available to the software solutions provided by Karta Software and/or its partners (the “Service”). BY ACCEPTING THIS AGREEMENT YOU ARE DEEMED TO AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TOS.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS you are requested to immediately cease using this service.
Karta Software reserves the right to modify these TOS at any time, effective upon publishing the modified TOS within the Service.
This TOS agreement is set up at the time of completing the voluntary registration process (activation of the account) and terminates when the user account is deleted, cancelled or otherwise made unavailable.
After completing the voluntary registration process the party initiating the registration will become a Registered User. The registration process consists of 2 steps, a) a voluntary registration and b) confirmation of the registered data (activation of the account). The accounts that are registered, but not activated are subject to automatic deletion 48 hours after the registration process has started.
The Registered User will have access to:
The Registered User will have access to his/her personal profile that allows him/her to modify and customize his/her personal settings at any time. Any information, including personal information that you supply to us shall be voluntary, true, complete and accurate in all respects. You agree to immediately notify us of any changes to your data via the personal settings of the Service. Registered Users can delete their profile (including all data associated to it) at any time. Registered users may subscribe (opt-in) to newsletters during the registration process, and may decide to unsubscribe (opt-out) any time using their personal profile on the Service. For a security measure you are asked not to share your identification credentials (like passwords) with any other persons, or otherwise not provide access to the Service with these data.
You agree not to (or attempt to) interfere with, disrupt the operation of the Service. You also agree to adhere to any security policies in place. Also, you agree that usage of the Service should be in accordance with relevant laws and basic ethics.
Karta Software does not intentionally seek to collect information from children. If you are under the age of 18, you may only access the Services and send information about yourself to Karta Software with the permission and involvement of a parent or legal guardian.
This Service collects and stores anonymous and personal information. Anonymous information is collected during automated server logging, while personal information is collected only based on voluntary user actions.
a) Usage and transaction logging For security, data protection and transaction logging purposes this Service logs information regarding certain actions of the Registered Users such as completed transactions and downloads.
b) Anonymous data For quality assurance, optimization and service enhancement purposes the Service also collects anonymous data (including, but not limited to software version, coverage information, etc.) with automated logging mechanisms.
To perform various Karta Software obligations:
If Registered User has subscribed for the newsletter and/or marketing and/or promotional offers:
As reasonably needed by Karta Software partners to perform obligation towards the Service or to adhere to statutory or other binding regulations: * Karta Software may make the collected data available to third parties, Karta Software parent companies and affiliates whenever it is necessary to fulfil Karta Software’s obligations towards the Service. These obligations include, but are not limited to billing, payment, customer support, to operate the Service, to protect our intellectual property rights or the rights, safety or property of the Registered Users. Karta Software may also disclose the collected data to conform to legal or regulatory requirements or to any reasonable request of a law enforcement, government or regulatory body.
Karta Software and its licensors (as the case may be) shall be the owner of all intellectual property rights in and to the contents, products and services or any parts thereof provided through the Service.
Unless otherwise indicated Registered Users receive solely the limited right to use the contents, products and services offered through the Services; all other rights are expressly reserved.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Karta Software OR ITS PARTNERS (SAVE THE LIABILITIES THAT CAN NOT LEGALLY BE EXCLUDED) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE OR ANY CONTENTS, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THEREFROM, INCLUDING ANY LOSS OF DATA. TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY, IN THE AGGREGATE, OF Karta Software, FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING ATTORNEYS’ FEES AND COSTS AND EXPERT-WITNESS FEES AND COSTS OF ANY NATURE WHATSOEVER OR CLAIMS EXPENSES RESULTING FROM OR IN ANY WAY RELATED TO THE AGREEMENT FROM ANY CAUSE OR CAUSES SHALL NOT EXCEED THE DOCUMENTED PURCHASE PRICE OF THE CONTENT, PRODUCT OR SERVICE AFFECTED.
Although we aim for a 24/7 operation, we do not guarantee that the Service actually operates in this timeframe. Karta Software will do its commercially reasonable effort to maintain the availability of the Services.
Karta Software uses use state-of-the-art safety and security measures to prohibit unauthorized access to the Services. Furthermore, we take steps to protect the Registered User’s data from unauthorized access, disclosure, alteration, or destruction. Such measures may include secure server software (SSL) that encrypts all information you input before it is sent to us.
Karta Software may, at its sole discretion and at any time, limit your access to the Service or any parts thereof as appropriate or necessary for security or business reasons, as a result of any alleged or suspected breach of these TOS, or to protect intellectual property. Karta Software may also impose limits on certain features or may restrict Registered Users to access parts, or all of the Service without notice or liability. Karta Software has the right to remove Registered User accounts and/or suspend them without prior notification.
To the fullest extent permitted by law this TOS shall be interpreted and enforced in accordance with the procedural and substantive of the laws of the Portuguese Republic by the court of competent jurisdiction residing in Porto, Portugal.
In case of dispute the English version of the text shall prevail.