nootiz, a software from hantha. The web expert is a tool for visual feedback and increases team productivity.
nootiz distinguishes between three different types of users depending on the nootiz products used:
- We call the users of the websites "website visitors".
- Users who use a free trial version of nootiz are "free users". Free users can access and use the service, but their access is limited in time.
- Users who use the service as part of a paid nootiz subscription are called "subscribers". The service features and functions available to subscribers are determined by the type of subscription and the specific conditions, according to a separate agreement concluded between nootiz and the organisation (e.g. your employer or another legal or natural person, called "customer") to regulate the provision of, access to and use of the service (the "customer agreement").
We may change these terms at our sole discretion. Please check this page regularly for updates. We will notify you of any changes to these terms and conditions in accordance with applicable legal obligations. Your continued use of the Service and the Websites after any such update will be deemed to be your acceptance of such changes.
1. ELIGIBILITY AND SCOPE
1.1 General information. To use the Service and the Websites, You must be at least 18 years old and capable of accepting these Terms. If nootiz has prohibited you in the past from accessing the Service and the Websites, you are not permitted to access or use the Service and Websites.
1.2 Territorial scope. These Terms apply to users in all countries.
2. REGISTRATION AND USE
2.1 Registration and confidentiality. To access the service, you must register for a nootiz account by creating a user name and password. You agree to provide accurate, complete and up-to-date registration information about yourself. You are responsible for ensuring that your password remains confidential and secure. By registering, you acknowledge that you are fully responsible for all activities that occur under your user name and password. We may assume that all communications we receive through your account are also from you. If you are responsible for processing invoices or are an administrator or if you have confirmed in writing that you are authorised to make decisions on behalf of a client ("Account Administrator"), you represent that you are authorised to make decisions on behalf of the client and confirm that nootiz can rely on your instructions.
2.2 Unauthorised Account Use You are responsible for notifying us at email@example.com if you become aware of any unauthorised use of or access to your Account. You understand and agree that we may request information from you which may be used to establish your identity and to help maintain the security of your account. nootiz will not be liable for any loss, damage, liability, expense or legal fees that you may incur as a result of someone else using your password or account, with or without your knowledge and/or permission, whether or not you have notified us of the unauthorised use. You will be liable for any loss, damage, liability, expense or legal fees incurred by nootiz or any third party as a result of someone else using your account. In the event that the account administrator or client loses access to an account or otherwise requests information about an account, nootiz reserves the right to request from the account administrator or client any confirmation deemed necessary by nootiz before, in its sole discretion, restoring access to the account in question or providing information about that account.
3. OUR INTELLECTUAL PROPERTY RIGHTS
The service and the websites belong to nootiz, are operated by hantha. The web sites are operated and contain materials (including all software, designs, texts, editorial materials, information texts, photos, illustrations, audio clips, video clips, works of art and other graphic materials as well as names, logos, trademarks and service marks) which are derived in whole or in part from materials provided by nootiz and its partners and from other sources and which are protected by EU copyright law, provisions of international treaties, trademarks, service marks and other protective rights. The Service and the Websites are also protected as a collective work or collective work under European and global copyright law and other laws and international treaties. You agree to comply with all applicable copyright laws and other legal requirements and any additional copyright notices or restrictions contained in the Service and the Websites. You acknowledge that the Service and the Websites have been developed, compiled, prepared, revised, selected and arranged by nootiz and others using methods and evaluation standards, the development and application of which has required the expenditure of considerable time, effort and money and which constitute valuable intellectual property of nootiz and others. You agree to notify nootiz immediately upon becoming aware of any allegation that the Service and the Websites infringe any copyright, trademark or other contractual or statutory rights. Any unauthorized use of any material contained on or through the Service and the Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4.USER CONTENT AND FEEDBACK
4.1 User content and entries to the Service. The Service allows you to write feedback, create tasks and enter related information, text, files and other materials (collectively, the "User Content") and share this User Content with others. User Content that is submitted or otherwise made available to the Service is subject to the following terms and conditions:
4.1.2 Subscriber Content on the Service. Content entered by Subscribers to the Service ("Subscriber Content") is owned and controlled by the Customer in accordance with the introduction to these Terms and the Customer Agreement. nootiz has a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host and display Subscriber Content for the following limited purposes: (i) maintaining, providing and improving the Service; (ii) preventing and resolving technical or security issues and resolving support requests; (iii) conducting investigations when we believe in good faith or have received a complaint that Subscriber Content violates the Customer Agreement or these Terms; (iv) complying with valid subpoenas, requests or other lawful process that meets the requirements of the Customer Agreement and our Enforcement Policy; and (v) to the extent otherwise specified in our Customer Agreement or as expressly authorized in writing by Customer.
4.2 Feedback on the Websites. The Websites may have certain features that allow you to send comments, information and other materials (collectively "Feedback") to nootiz and to share that Feedback with other users. By submitting feedback via the Websites, you grant nootiz a licence to access, use, copy, reproduce, process, adapt, transmit, host and display such feedback for any purpose (to the extent required by law or in good faith to comply with legal process). We reserve the right to remove feedback posted in public forums at our sole discretion for any reason.
4.3 User Content and Feedback Statements. You acknowledge and agree that you have all necessary rights to enter User Content and Feedback without violating any third party rights. You understand that nootiz has no control over and is not responsible for User Content or feedback and that when using the Service and/or the Websites, You may be exposed to User Content or feedback from other users that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other unintended errors or inaccuracies. You acknowledge that you will indemnify and hold nootiz harmless for any claims arising from any User Content or feedback you submit through the Service and/or the Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of any such disputes. In any event, you will cooperate with us in enforcing all available defenses.
5. LICENCE AND PERMITTED USE
5.2 ZPermitted use All users must comply with the following rules for permitted use of the Service and the Websites.
Interruption of the service. The following is prohibited:
- Access to, manipulation or use of non-public areas of the service and the websites, nootiz's computer systems or the technical support systems of nootiz providers;
- examining, querying or testing the vulnerabilities of any system or network or breaching or circumventing any security or authentication measures;
- accessing or browsing the Service and the Websites by means other than nootiz publicly supported interfaces (e.g. "scraping");
- attempting to disrupt or overload our infrastructure by intentionally making inappropriate requests or placing a strain on our resources (e.g., using "bots" or other automated systems to send requests to our servers in excess of what a human user could send in the same time period); or
- Interfere with or disrupt access by Users, hosts or networks, including but not limited to, sending viruses, overloading, flooding, spamming, mail-bombing the Service and the Websites or scripts creating User Content in a manner that interferes with the Service and the Websites or imposes an unreasonable burden on the Service and the Websites.
Misuse of the Service and the Websites. You may not use the Service and the Websites to conduct, promote or support the following:
- unlawful or fraudulent activities;
- imitate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity in a manner that misleads, confuses or deceives others, or intends to do so;
- Activities that are defamatory, libellous or threatening or that constitute hate speech, harassment or stalking;
- Vepublishing or posting private or personal information about other people without their express permission or consent;
- Sending unsolicited messages, solicitations or advertising or spam;
- posting or linking to harmful content designed to damage or interfere with another user's browser or computer; or
- Promoting or advertising products or services other than your own without the appropriate approval;
Standards for User Content within the Service and Websites. You may not post User Content on the Service or the Websites that:
- violates any applicable law, the intellectual property rights of any third party, publicity rights or the right to privacy or publicity;
- is misleading, fraudulent, unlawful, obscene, pornographic (including child pornography, which we will remove if we become aware of it and report it to law enforcement authorities, including the National Center for Missing and Exploited Children), defamatory, libelous, threatening, hateful, harassing or stalking;
- perreceive personal information from minors;
- sencontain sensitive personal information such as financial information, payment card numbers, social security numbers or health information without the prior written consent of nootiz under a client agreement;
- Vircontains viruses, bots, worms or similar harmful material; or
- contain information that you are not permitted to provide by law or under contractual or fiduciary obligations.
Violation of this Section 5 In addition to any other remedies that may be available to us, nootiz reserves the right to seek all remedies it deems necessary, including the immediate suspension or termination of your account or access to the Service or the Websites by notice and without liability to you, if you fail to comply with the rules in this Section 5 or if, in nootiz's sole discretion, such action is necessary to prevent interruption of the Service or the Websites for other users. If you are a subscriber, nootiz reserves the right to notify the customer's account administrator(s) or other representatives of the customer of any breach of these terms and conditions.
6. DATA PROTECTION
7. LIMITATION OF LIABILITY
If we fail to comply with these Terms, we will be liable for any loss or damage suffered by you which is a foreseeable consequence of our breach of these Terms or our negligence; however, we will not be liable for any loss or damage which is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was an accepted order. We also provide the Service and the Websites for your internal use only. We shall not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunities arising from your use of or reliance on the Service and the Websites. Our liability to you is in no way excluded or limited if this would be unlawful. This includes liability for death or personal injury caused by our negligence or that of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, and for violation of your legal rights in relation to the Service and the Websites.
The information provided on or through the Service and the Websites is provided for general information purposes only. We do not confirm the accuracy, completeness or usefulness of this information. You rely upon such information solely at your own risk.
We cannot guarantee that files available for downloading from the Internet or our Service or the Websites are free from viruses or other destructive code. It is your responsibility to establish adequate procedures and checkpoints that meet your specific requirements for virus protection and accuracy of data input and output, and to maintain a means of recovering lost data outside the Service and the Websites.
9.EXTERNAL LINKS AND SERVICES
The Service and the Websites may contain (1) information and content provided by third parties; (2) links to third-party websites or resources, such as vendors of goods and services; and (3) third-party products and services for direct sale to you. nootiz is not responsible for the availability of such external websites or resources. nootiz is not responsible or liable for (i) any content, advertising, products, or other materials on or available from such websites or resources, (ii) any errors or omissions on such websites or resources, or (iii) any practices related to the handling of information or other business practices of the operators of such websites or resources. You further acknowledge and agree that nootiz 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 linked website or resource. Your interactions with such third parties are subject to their terms and conditions and privacy policies and all other similar provisions.
nootiz reserves the right to modify or discontinue, temporarily or permanently, the Service and the Websites (or any part thereof) at any time with or without notice. You acknowledge that nootiz shall not be liable to you or any third party for any modification, suspension or interruption of the Service and the Websites.
11. APPLICABLE LAW
Please note that these terms and conditions, as well as their subject matter and conclusion, are subject to Italian law. However, if you are a consumer and you are resident in another European country, you will and if you are a consumer and you are resident in a country in the Asia-Pacific region or in the UAE, you may benefit from all mandatory provisions and legal rights available to you under the laws of that country. These Terms do not affect your rights as a consumer to invoke mandatory provisions of local law.
You may contact nootiz at firstname.lastname@example.org in the event of complaints or disputes concerning the Service. You and nootiz will use your best efforts to resolve any dispute, claim, question or difference in good faith directly through consultation and negotiation as a condition of either party's right to bring suit or other form of complaint. If we fail to reach an amicable settlement in the informal dispute resolution process within 30 days, all disputes, controversies, claims, demands, issues or causes of action between you and nootiz arising out of, under or in connection with the Services shall be submitted to the exclusive jurisdiction of the Italian courts. However, if you are located in any other European, Asia Pacific or UAE country, you may also bring suit in that country.
12. GENERAL TERMS AND CONDITIONS
12.1. No waiver. If we do not insist that you perform any obligations under these terms and conditions, or if we do not enforce our rights against you or delay doing so, this does not mean that we have waived those rights or that you do not have to perform your obligations. If we waive our right to pursue any default or breach by you, we will do so only in writing; this does not mean that we will automatically waive our right to pursue any future default or breach by you.
12.2 Severability. The individual provisions of these Terms are severable. If a court or competent authority decides that any provision is unlawful or unenforceable, the remaining provisions shall continue in full force and effect.
12.3 Various. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
12.4 Notices. We may send notices to you by email by posting a notice on the Service and the Websites or by any other method we choose; notices will be effective upon posting. Your communications to us will be effective upon receipt and must be sent to the following physical or e-mail address: (1) hantha. The Web Experts, 39058 Sarnthein, Italy; or (2) email@example.com
12.5 Language: The contract language is German. Italian law shall apply exclusively. The German version of these translation and business conditions is authoritative. The English version is for information purposes only.
12.6 Language: The contract language is German. Italian law shall apply exclusively. The German version of these terms and conditions shall be decisive.
12.7 Place of jurisdiction: Province of Bolzano, Italy
If you have any questions about these conditions, please send us an email to firstname.lastname@example.org.