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TBI Terms of Use

(Last updated: 13 June 2019)

This document (together with the documents referred to in it) tells you the terms of use of the TBI (TIPCHECK Based Inspections) software application. Please read these Terms of Use carefully before using the Software application. By using the Software application, you agree to be bound by these Terms of Use.

You should save a copy of these Terms of Use for future reference. Click here to download these Terms of Use.

1  Disclaimer

1.1       The TBI-App (Easy/Pro) is an easy-to-use insulation self-inspection and reporting application for tablets and smartphones (Android/iOS). The Software application is intended to be used as an aid for the User to quickly check and report the performance of an insulation system and to roughly determine how much energy or cost saving potential an existing technical insulation system has to offer. The TBI-Admin software is an administration tool for administering the projects collected with the TBI-App (Easy/Pro) application.

1.2       The calculated estimations are based on basic and simplified heat transfer formulas (e.g. always using 0m/s wind speed and horizontal as the orientation of the system) and generic values, typical for standard insulation solutions. The User is exclusively responsible for the correctness of the input of data into the Software application. You must be aware that theoretical values can deviate from those occurring in practice and that, therefore, the estimated results fully depend on the accuracy of the inserted information like diameter, surface temperature, ambient temperature, etc. We do not provide or recommend any specific technical solution nor insulation material.

1.3       YOU SHOULD NOT RELY SOLELY ON THE SOFTWARE APPLICATION FOR DETERMINING THE PERFORMANCE OF AN INSULATION SYSTEM AND/OR THE ENERGY OR COST SAVING POTENTIAL. THE SOFTWARE APPLICATION ONLY ALLOWS YOU TO DETERMINE THE PERFORMANCE OF AN INSULATION SYSTEM AND/OR THE ENERGY OR COST SAVING POTENTIAL ROUGHLY, DUE TO THE INFLUENCE OF A NUMBER OF FACTORS, INCLUDING DATA/INPUT PROVIDED BY THE USER. THE SOFTWARE APPLICATION IS NOT MEANT TO REPLACE PROFESSIONAL ADVICE.

1.4       You acknowledge that you are aware and agree that under no circumstance EiiF will be held liable for damages occurring to persons and properties of any nature and/or any other damages or losses arising out of the use of the Software application or any information or Service obtained through it, including direct, indirect, consequential or incidental damages and losses.

2  Definitions

2.1       In this document, "EiiF", "we" and "us" mean the European Industrial Insulation Foundation (EiiF), incorporated in Switzerland, registered with the Suisse Trade Register of the Canton Vaud under number CHE-114,896,728, with office address at Avenue du Mont-Blanc 33, 1196 Gland, Switzerland, and/or any EiiF member authorized to use the member version of the Software application with its own name and logo; "Terms of Use" means these TBI Terms of Use, which set forth the terms and conditions for the use of the Software application; "Software application" means the TBI-App Easy, TBI-App Pro and/or TBI-Admin software application; "Service(s)" mean(s) the service(s) offered or supplied by EiiF through the Software application; and "User" and "you" means a natural person or legal entity that uses the Software application.

3  Applicability

3.1       These Terms of Use apply to the use of the Software application. Different terms or conditions only apply if and in so far as they have been separately accepted by EiiF expressly for each individual agreement.

3.2       By using the Software application (which also includes downloading and installing the Software application) you accept these Terms of Use.

3.3       If the Software application uses services of third parties, also any terms and conditions and/or privacy policies of those third parties may apply. EiiF is not responsible or liable for the services and/or privacy policies of third parties.

3.4       We have the right to revise and amend these Terms of Use from time to time.

4  Your status

4.1       By using the Software application, you warrant that:

            a)         you are at least 18 years old; and

            b)         if you are an individual, you are legally capable of entering into binding contracts; and

            c)         if you are using the Software application on behalf of a legal entity, you are authorized to enter into and bind such entity to these Terms of Use.

5  License

5.1       EiiF hereby grants the User a non-exclusive, non-sublicensable and non-transferable license to use the Software application.

5.2       The license for the use of the Software application is limited to the first device on which the Software application has been downloaded and activated. For any new or additional devices, a separate license per device, subject to the Terms of Use applicable at that time, will be required.

5.3       The license for the use of the TBI-App Easy Software application is free of charge. EiiF may at any time and at its sole discretion decide to introduce a license fee for the (continued/future) use of the TBI-App Easy Software application.

5.4       The use of the TBI-App Pro and/or the TBI-Admin Software application is subject to the payment to EiiF of the annual activation licence fee(s) set by EiiF at its sole discretion. EiiF will provide you with the annual license(s) for the activation of the TBI-App Pro and/or the TBI-Admin Software application only after proper receipt of such payment in the manner designated by EiiF.

5.5       The annual license(s) will not be renewed automatically. After expiration of the annual license the User can purchase a new annual license. The User accepts that EiiF may, but is not obliged to, give notice prior to expiry of the license, e.g. by e-mail.

5.6       Without EiiF's prior written permission, the User is not permitted to make the Software application available to third parties, to sell or rent the Software application to third parties, to decompile, reverse engineer or modify the Software application, or to (let others) remove or circumvent technical provisions intended to protect the Software application.

5.7       Any personal data submitted to the Software application is regarded to be data of the User.

5.8       EiiF at all times has the right to (i) discontinue the Software application, temporarily or permanently; (ii) make procedural and/or technical alterations and/or improvements to the Software application; (iii) change or remove data or information; (iii) restrict the use of the Software application or certain functionalities; and/or (iv) deny the User access and/or use of the Software application in full or in part, temporarily or permanently and/or by terminating the license.

6  Use of the Software application

6.1       Each and every use of the Software application is for your own risk and responsibility.

6.2       You may only use the Software application for lawful purposes. You may not use the Software application (i) in any way that breaches any applicable local, national or international law or regulation; or (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent, purpose or effect.

6.3       After the User has downloaded the Software application, the User may register through the Software application. Only fully and truthfully completed registrations will be considered by EiiF. In case of any changes of registration details or other relevant data, the User shall update such data through the Software application.

6.4       If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you shall not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with these Terms of Use.

6.5       In order to be able to use the Software application, the User shall for his own account provide for a connection necessary to access the Software application. A connection includes but is not limited to the necessary device (smartphone, tablet), system software and (internet) connection. EiiF is not responsible for any connection errors made by the connection service providers.

6.6       The User herewith acknowledges that EiiF is entitled to use and share aggregate information, not specifically identifying you or the legal entity on behalf of which you use the Software application (i) to enable the User to use the Software application; (ii) to provide and improve EiiF's Services through the Software application; and/or (iii) for updating and/or further developing the Software application.

6.7       EiiF will determine, in its discretion, whether there has been a breach of these Terms of Use. If a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.

6.8       In providing you with access to the Software application, EiiF in no way purports to assist the User with any violations of any laws or regulations in the User's state or country of domicile.

7  Cancellation

7.1       The User may cancel the use of the Software application by deleting the selected Software application from his device. The User shall not be entitled to any refund of any license fee(s) upon cancellation.

8  Privacy

8.1       We may use your personal data, for example information provided by you through the Software application, by using the Software application (e.g. geographical location of persons or objects connected to the device) or in any other way, information about your use of the Software application (log information) and (technical) information about your mobile device. Such personal data may be collected and used to ensure proper performance of the Software application, to provide the Services to you, to improve the Software application and/or the Services, to improve the Software application by means of machine learning, and to contact you or provide you with relevant information with regard to (your use of) the Software application and/or the Services.

8.2       In case and in so far we process any personal data of you, such data will be treated and processed in accordance with applicable personal data protection legislation. By using the Software application and providing us with any personal data through the Software application you agree to the processing of such data in accordance with these Terms of Use and applicable personal data protection legislation.

8.3       The personal data may be transferred to countries outside Switzerland or the EU in order to provide the Services and to run the Software application. By using the Software application and providing us with any personal data through the Software application you also agree to the processing of such data in accordance with these Terms of Use and applicable personal data protection legislation.

8.4       To learn more about EiiF's privacy practice, please read our Privacy Policy, which can also be found on our website (https://www.eiif.org/privacy-policy).

9  Liability

9.1       To the best of our ability, we will make efforts to provide the Software application with due care. However, EiiF cannot guarantee that the Software application will always be available or will always work without any interruptions, errors or defects, or that the information contained in the Software application or provided by EiiF through the Software application ("Information") is complete, correct and/or up-to-date. We will not be liable to you or any other party if for any reason the Software application is unavailable at any time or for any period.

9.2       All Information is provided by EiiF by way of non-binding information. EiiF makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability or availability of the Information. Any reliance on the Information is at your own risk.

9.3       EiiF is not liable for (the accuracy of any) information and other materials or communications that the User posts or provides through the Software application. EiiF reserves the right to (announced or unannounced) remove any information or other materials or statements that have been placed through the Software application.

9.4       EiiF is not liable for damage or loss resulting from loss or deterioration of any texts, photos, information, or other data inserted, provided or used by the User through the Software application.

9.5       To the fullest extent permitted by the applicable law, EiiF hereby disclaims any liability and in no event shall EiiF be liable for any damage including, without limitation, direct, indirect, consequential, incidental or punitive damages or other loss arising from the use of or the inability to use the Software application including damages arising from inaccuracies, alerts, notifications, omissions or errors in the Software application and/or the Information.

9.6       To the fullest extent permitted by the applicable law, in all matters in which EiiF is obliged to pay compensation, this compensation will never be higher than the price paid by the User to EiiF for the use of the Software application and/or the Service, in connection to which the damage is caused. Moreover, if such damage is covered by EiiF's business liability insurance, the compensation will never be higher than the amount that is actually paid by the insurer.

9.7       EiiF will not be liable or responsible for any inability to use the Software application that is caused by events outside our reasonable control (a "Force Majeure Event"). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation): (i) impossibility of the use of public or private telecommunications or electricity networks; (ii) legislation, regulations or restrictions of any government; (iii) cyberterrorism or other cyber-attacks, security incidents, intentional or otherwise corrupting or loss of data and (iii) the non-delivery or late delivery of products or services to EiiF by third parties engaged by EiiF.

10  Intellectual Property Rights

10.1     The User recognizes and acknowledges that all intellectual property rights and/or similar rights to the (content and design of the) Software application, including any and all underlying images, designs, sounds, videos and audio clips, and the Information are owned solely and exclusively by EiiF and/or its licensors.

11  Compliance

11.1     As the User, you represent and warrant that you shall only use the license, Software application and Services rendered by EiiF for the purpose for which EiiF provides the license, Software application and Services to the User. Under no circumstances is the User allowed to use the license, Software application and Services provided by EiiF for any illicit activities.

12  Notices

12.1     All notices given by you to us must be given to EiiF through e-mail to: info@eiif.org; or via registered letter towards: European Industrial Insulation Foundation (EiiF), Avenue du Mont-Blanc 33, 1196 Gland, Switzerland.

12.2     We may give notice to you at either the e-mail or mobile phone number you provide to us when registering through the Software application. Notice will be deemed received and properly served 24 hours after an e-mail is sent, and immediately after a text message is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail or text message was sent to the specified e-mail address or mobile phone number provided by the User.

13  Transfer of rights and obligations

13.1     You may not transfer, assign, charge, sub-contract or otherwise dispose of any of your rights or obligations arising under these Terms of Use, without the prior written consent of EiiF.

13.2     We may at any time transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms of Use.

14  Waiver

14.1     If we fail to insist upon strict performance of any of your obligations under any of these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

14.2     A waiver by us of any default shall not constitute a waiver of any subsequent default.

14.3     No waiver by us of any of these Terms of Use shall be effective unless it is expressly stated to be a waiver and is communicated to you in in accordance with clause 11.

15  Severability

15.1     If any of these Terms of Use are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will to that extent be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.

16  Law and jurisdiction

16.1     These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland.

16.2     All disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of Switzerland. In deviation from this provision, EiiF will also and at all times be entitled to submit a dispute or claim to the competent court for the place where the User has his residence or registered or actual place of business.

16.3     This clause 16 does not affect your statutory rights of a mandatory nature.

 

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