TBI Terms of Use Latest update 22 April 2020
This document (together with the documents referred to in it) covers the Terms of Use of the TBI (TIPCHECK Based Inspections) Software applications. Please read these Terms of Use carefully before using the Software applications. By using the Software applications, you agree to be bound by these Terms of Use.
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1 Disclaimer
1.1 The TBI-App is an easy-to-use insulation self-inspection and reporting application for tablets and smartphones (Android/iOS). The 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-Software is a browser-based tool for professional use only for administering the projects collected with the TBI-App 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 such as 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 (TBI-App and/or TBI-Software) for determining the performance of an insulation system and/or the energy or cost saving potential. The Software application only allows you to roughly determine the performance of an insulation system and/or the energy or cost saving potential, 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 circumstances will EiiF be held liable for damages occurring to persons and/or 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 and/or TBI-Software application; "Service(s)" mean(s) the Service(s) offered or supplied by the 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 the 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 Use of TBI-App
5.1 The EiiF hereby grants the User a non-exclusive, non-sublicensable and non-transferable licence to use the Software application.
5.2 The use of the TBI-App Software application is free of charge. The EiiF may at any time and at its sole discretion decide to introduce a licence fee for the (continued/future) use of the TBI-App Software application.
5.3 Without the 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.
5.4 Any personal data submitted to the Software application is regarded to be data of the User.
5.5 The 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 licence.
6 Use of TBI-Software and TBI-Software licence
6.1 The EiiF hereby grants the professional User a non-exclusive, non-sublicensable and non-transferable TBI-Software licence to use the TBI-Software application.
6.2 The TBI-Software licence for the use of the TBI-Software application is limited to connect to one mobile device on which the TBI-App has been downloaded and activated. For connecting it to any new or additional mobile devices, a separate TBI-Software licence subject to the Terms of Use applicable at that time, will be required.
6.3 The use of the TBI-Software application is subject to the payment to the EiiF of the annual licence fee set by the EiiF at its sole discretion. The EiiF will provide you with the annual licence of the TBI-Software application only after proper receipt of such payment in the manner designated by the EiiF.
6.4 The annual licence will not be renewed automatically. After expiration of the annual licence the User can purchase a new annual licence. The User accepts that the EiiF may, but is not obliged to, give notice prior to expiry of the licence, e.g. by e-mail.
6.5 Without the EiiF's prior written permission, the User is not permitted to make the TBI-Software application available to third parties, to sell or rent the TBI-Software application to third parties, to decompile, reverse engineer or modify the TBI-Software application, or to (let others) remove or circumvent technical provisions intended to protect the TBI-Software application.
6.6 Any personal data submitted to the TBI-Software application is regarded to be data of the User.
6.7 The EiiF at all times has the right to (i) discontinue the TBI-Software application, temporarily or permanently; (ii) make procedural and/or technical alterations and/or improvements to the TBI-Software application; (iii) change or remove data or information; (iii) restrict the use of the TBI-Software application or certain functionalities; and/or (iv) deny the User access and/or use of the TBI-Software application in full or in part, temporarily or permanently and/or by terminating the licence.
7 Use of the Software application
7.1 Each and every use of the Software application is at your own risk and responsibility.
7.2 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.
7.3 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 the EiiF. In case of any changes of registration details or other relevant data, the User shall update such data through the Software application.
7.4 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.
7.5 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. The EiiF is not responsible for any connection errors made by the connection service providers.
7.6 The User herewith acknowledges that the 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 the EiiF Services through the Software application; and/or (iii) for updating and/or further developing the Software application.
7.7 The 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.
7.8 In providing you with access to the Software application, the 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.
8 Cancellation
8.1 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 licence fee upon cancellation.
9 Privacy
9.1 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.
9.2 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.
9.3 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.
9.4 To learn more about the EiiF privacy practice, please read our Privacy Policy, which can also be found on our website (https://www.eiif.org/privacy-policy).
10 Liability
10.1 To the best of our ability, we will make efforts to provide the Software application with due care. However, the 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.
10.2 All information is provided by the EiiF by way of non-binding information. The 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.
10.3 The 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.
10.4 The 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.
10.5 To the fullest extent permitted by the applicable law, the EiiF hereby disclaims any liability and in no event shall the 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.
10.6 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 the 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 the EiiF's business liability insurance, the compensation will never be higher than the amount that is actually paid by the insurer.
10.7 The 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 the EiiF by third parties engaged by the EiiF.
11 Intellectual Property Rights
11.1 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 the EiiF and/or its licensors.
12 Compliance
12.1 As the User, you represent and warrant that you shall only use the licence, Software application and Services rendered by the EiiF for the purpose for which the EiiF provides the licence, Software application and Services to the User. Under no circumstances is the User allowed to use the licence, Software application and Services provided by the EiiF for any illicit activities.
13 Notices
13.1 All notices given by you to us must be given to the 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.
13.2 We may give notice to you at either the e-mail address or the 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.
14 Transfer of rights and obligations
14.1 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 the EiiF.
14.2 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.
15 Waiver
15.1 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.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 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 accordance with clause 13.
16 Severability
16.1 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.
17 Law and jurisdiction
17.1 These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland.
17.2 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, the 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.
17.3 This clause 17 does not affect your statutory rights of a mandatory nature.
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