T&C Commercial DGMV-ID Suite
Important: Please read this Commercial Agreement (“Agreement”) carefully as it sets out the terms and conditions you must agree to in order to use our products.
These terms and conditions applies to the following DGMV-ID Suite components: DGMV-ID Mobile Application
DGMV-ID Multi-Tenant White-Label Application
DGMV-ID Browser Extensions
DGMV-ID Enterprise Dashboard
DGMV-ID Passwordless Backend Integration
DGMV-ID Identity Server
Hereinafter referred to as the “Software” The user of the software will be referred to as the “Licensee” hereinafter.
GENERAL TERMS AND CONDITIONS
A. DigiCorp Labs develops versions of software functionality, available for public release, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).
B. DigiCorp Labs aims to conduct testing of the Software before its official commercial release to the public. However, it is important to note that the presence of bugs or errors cannot be entirely ruled out.
C. The Licensee who utilizes the Software acknowledges the Disclaimer.
DISCLAIMER
Notwithstanding Digicorp's best efforts to thoroughly test the application prior to its commercial release, it is important to acknowledge that the software provided herein may potentially include bugs or defects, and its performance on certain devices might be unpredictable. As a result, the licensee is strongly advised to take precautions to protect valuable data and to exercise care when utilizing the software and/or its associated materials.
In consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:
1. ACCESS TO SOFTWARE
DigiCorp Labs hereby provides the Licensee with a non-exclusive, non-transferable, and revocable access to utilize the Software starting from the date of acceptance of this Agreement. This access is granted in accordance with the terms and conditions outlined below.
2. FEEDBACK
The Licensee shall possess the capability to provide feedback, commentary, or suggestions for improvements regarding the Software (referred to as the "Feedback"). Through this agreement, the Licensee transfers all rights, ownership, and stake in such enhancement concepts to DigiCorp Labs, which includes any subsequent product enhancements conceived from such notions. The Licensee hereby acknowledges and consents that DigiCorp Labs holds the right to utilize the Feedback for any intended purpose.
3. INTELLECTUAL PROPERTY
The Licensee hereby acknowledges and agrees that the Software is the exclusive and proprietary asset of DigiCorp Labs, encompassing valuable trade secrets and other forms of intellectual property owned by DigiCorp Labs. The Licensee undertakes to regard the Software, along with any accompanying documentation or materials, as the rightful property of DigiCorp. Without obtaining prior explicit written consent from DigiCorp Labs, the Licensee shall refrain from engaging in the following activities:
Replicating, vending, or providing access to the Software to any external parties.
Altering, reusing, disassembling, decompiling, reverse engineering, or otherwise attempting to comprehend the Software or any segment thereof.
4. NO WARRANTY
Please be advised that the Software may experience operational inconsistencies and could undergo significant modifications prior to any subsequent commercial release, or even be discontinued after the commercial release. The Software is being provided without any form of warranty, including but not limited to warranties related to performance, non-infringement of third-party rights, merchantability, or suitability for specific purposes. The entire risk arising out of the use or performance of the Software remains with Licensee. In no event shall DigiCorp Labs be liable for any damage whatsoever arising out of the use of or inability to use the Software, including without limitation, any direct, indirect, consequential, exemplary, special, incidental or punitive damages, or damages for lost data or lost profits, even if DigiCorp Labs has been advised of the possibility of such damages.
5. REFERENCE
DigiCorp Labs may request Licensee to provide feedback for use in customer testimonials, and as a reference in marketing and sales initiatives by DigiCorp Labs.
6. DIGICORP LABS RESPONSIBILITY
DigiCorp Labs do not take responsibility for any damages in Licensee equipment (motion system, gaming/simulation platform, accessories, software etc). Licensee is responsible for taking all necessary actions to secure the equipment and software used for Software.
7. PRODUCT SUPPORT
Licensee acknowledges that DigiCorp Labs will, based on best-effort only:
provide technical support under the terms of this Agreement,
continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Software either to Licensee or to any other party,
provides no assurance that any specific errors or discrepancies in the Software will be corrected
8. EXPIRATION
Either party may terminate this Agreement at any time with or without reason by providing advance written notice. Upon any expiration or termination of this Agreement, the rights and accesses granted under this Agreement shall immediately terminate. Licensee participation may be terminated immediately without written notice upon failure to comply with any of the terms and conditions of this Agreement. DigiCorp Labs will not provide reimbursement for prepaid license subscriptions if the Licensee terminates the agreement prior to the expiration date of the license.
9. PRIVACY POLICY
This Privacy Policy governs the use of the Software, provided by DigiCorp Labs. By using the Software, you agree to the terms outlined in this Privacy Policy. Collection of Personal Data:
DigiCorp Labs does not actively seek or request personally identifiable information, such as names, email addresses, device details, or similar data, through the Software. However, Licensees have the voluntary option to provide personally identifiable information and/or device details through email correspondence. This information may be shared for the purpose of obtaining support or other related reasons. In such cases, DigiCorp Labs is firmly committed to safeguarding your privacy and personal data. Our Privacy Policy is meticulously crafted to adhere to the stipulations of the General Data Protection Regulation (GDPR) as well as the privacy-related guidelines set forth by Apple's App Store and Google Play for apps and software featured on their platforms This entails:
Data Processing: DigiCorp Labs exclusively acquires and processes personal data and consent in instances where it is imperative, such as facilitating support for the Licensee.
Data Subject Rights: Licensees retain the rights to access their data, rectify inaccuracies, request data deletion under specific circumstances, and raise objections to data processing.
Data Breach Notification: In the event of data breaches, DigiCorp Labs is obliged to promptly notify relevant authorities and affected individuals.
International Data Transfers: DigiCorp Labs refrains from transferring personal data beyond the confines of the European Economic Area (EEA).
Limitation of Liability:
DigiCorp Labs shall not be held liable for any damages, losses, or consequences arising from the provision of personal data in connection with the use of the Software. Users are responsible for ensuring that any data shared with the Software is done so with informed consent.
Third-Party Requests:
In the event that a third party linked to the Software requests personally identifiable information, such as names and email addresses, users are advised to refer to the privacy policy of the respective third party. DigiCorp Labs shall not be responsible for the privacy practices or policies of such third parties.
Security Measures:
We take reasonable steps to protect the security of your data. However, it's important to note that no data transmission over the internet or method of electronic storage is entirely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
Changes to Privacy Policy:
DigiCorp Labs reserves the right to modify or update this Privacy Policy at any time, and such changes will be effective upon posting on our website or within the Software. It is your responsibility to review this Privacy Policy periodically to stay informed about how we are protecting and using your information. If you have any questions or concerns about this Privacy Policy or your data, please contact us at support@digicorplabs.com By using the Software, you acknowledge that you have read and understood this Privacy Policy and agree to its terms.
10. GOVERNING LAW
This Agreement shall be governed, construed and enforced in accordance with the laws of the Netherlands.
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