Chapps Software Licensing Terms
You also expressly acknowledge that these documents, together with the service proposal signed by you, form an integral part of the entire Agreement between the parties, and cannot be interpreted separately.
Chapps hereby grants you a personal, non-transferable, non-exclusive, and non-sublicensable licence to download, access and use the Applications on any device you own or control, in accordance with the terms of this Licence Agreement, the General Terms and Conditions and the Privacy Statement.
2. Third-Party Beneficiaries
You hereby acknowledge and agree that Apple Inc., its subsidiaries, as well as Alphabet Inc. and its subsidiaries are third-party beneficiaries of this Licence Agreement and that upon your acceptance of this Licence Agreement, Apple Inc. and Alphabet Inc. will be entitled (and will be deemed to have accepted this right) to enforce the Licence Agreement in respect of you as a third-party beneficiary thereof.
You also acknowledge and agree that the distribution partners and their subsidiaries operating under licence with Chapps are third-party beneficiaries of this Licence Agreement and that upon your acceptance of this Licence Agreement, such distribution partners have the right (and will be deemed to have accepted this right) to enforce the Licence Agreement against you as a third-party beneficiary thereof.
3. Responsibilities of Chapps
Chapps warrants that the Chapps Applications will be made available in a manner consistent with the general industry standards reasonably applicable to the making available of such Chapps Applications.
The Chapps Applications are made available “as is” and “as available”, including all defects and without any warranty of any kind.
Chapps will host the Applications on a secure data centre and monitor and manage their performance. Chapps may change the Applications at any time, including, but not limited to, the user interface and general layout of the screens.
4. Using the Chapps Applications
Use of the Applications does not include the supply of any mobile device or other necessary equipment to use it. To use the Applications, you need an Internet connection and appropriate telecommunication links. We carry no responsibility or liability for any telephone or other costs you may incur.
Chapps’ permission to use the Applications is subject to your compliance with these terms and conditions and the following restrictions:
- You may not access or use in any way any of the underlying data, codes, content or other material provided by Chapps in connection with the Applications;
- You may not edit, remove, modify, tamper with, or change in any way the Applications or any part of them.
- You may not copy, distribute, communicate to the public, sell, rent or otherwise use the Applications in any other way as permitted (nor may you authorize others to do so);
- You may not distribute or make available the Applications over a network that would allow them to be used by multiple devices at the same time;
- You may not remove, alter or replace any copyright, trademark, trade name, logo or other indication of origin on the Applications, nor may you allow the Applications for the product to appear as belonging to anyone other than Chapps or use any automated computer program or automated computer application to scan, copy, index, sort or otherwise improperly use the Applications or any part thereof;
- You agree not to decrypt any underlying software or circumvent any technological protection contained herein;
- You must comply with all laws and regulations when using the Applications and may not use the Applications for illegal or unlawful purposes;
- You may not use the Applications in any way that could harm or be detrimental to Chapps’ business activities;
- You may not, in the course of your use of the Applications, transmit material that is defamatory, offensive or otherwise objectionable;
- You may not, during the use of the Applications, pretend to be any other person or body, or to misrepresent any relationship with any person or organ;
- You must not use the Applications in any manner that could disable, damage, overload, weaken, compromise, or impair Chapps systems or security or that could interfere with the use of other users;
- You may not infringe our intellectual property rights or those of any third party in connection with your use of the Applications.
If you choose or are assigned a user identification code, password, or any other piece of information as part of our security procedures, you must treat that information confidentially and not disclose it to any third party.
We have the right at any time to deactivate a user identification code or password, whether you have chosen it, or it has been assigned by us, if in our opinion you do not comply with any of the provisions of these Licensing Terms.
You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of the data you enter or add.
You must ensure that no disruptive computer program code, virus, denial of service, or spam attack, worm, Trojan horse, authorization key, license control device, or software lock is introduced by you, or anyone authorized by you to use the Applications.
You acknowledge that unauthorized use of the Applications may cause irreparable damage to Chapps and/or its affiliates or licensors. Accordingly, in the event of such unauthorized use, Chapps, its affiliates and/or licensors will have the right, in addition to any other remedies available to them, to have an immediate injunction issued against you, prohibiting any further use of the Applications. In addition, you may be subject to prosecution and payment of damages.
Your right to use the Applications will expire immediately upon breach of any provision of this Licence Agreement. In such a case, Chapps reserves the right to block your access to, or use of, the Applications.
5. Disclaimer of Warranties
All terms, conditions, promises or warranties other than those expressly accepted in this Licence Agreement are rejected by Chapps.
Although we make every effort to make the Applications available 24 hours a day, we will not be liable if, for any reason, they are unavailable for any period of time.
We do not guarantee that your access to the Applications will be uninterrupted, timely or error-free. Given the nature of the Internet, such a guarantee is not possible. Chapps is not responsible for delays, disruptions to delivery or other damage resulting from problems with the Internet or electronic communication. Regular maintenance and the introduction of new facilities and functions by Chapps may also affect the availability of the Applications.
Access to the Applications may be temporarily or permanently suspended or revoked at any time without notice to you personally or to all users. We may also, for any reason, impose restrictions on the duration and manner of use of any part of the Applications. If we impose restrictions on you personally, you should not attempt to use the Applications under any other name or user or on any other mobile device.
We do not guarantee that the Applications will be compatible with all the hardware and software you use.
While we make every effort to ensure that the information and materials on the Applications are accurate, Chapps makes no guarantee or promise, express or implied, that it is complete, accurate, up-to-date, or suitable for any particular purpose.
Your use of the Applications is entirely at your own risk. You are responsible for protecting data stored on the device (computer, tablet, smartphone, etc.) used by you to access or use the Applications and Chapps assumes no liability whatsoever for any loss of or damage to such data.
Furthermore, Chapps will not be liable to you for any content of the Applications that may be defamatory, offensive, or otherwise objectionable.
In general, Chapps makes no promises or guarantees that the Applications will meet your requirements and be suitable for a particular purpose, that they will work continuously or that they will be safe or free of errors, malfunctions or defects.
6. Limitation of Liability
Except as otherwise provided for in this Licence Agreement, neither Chapps nor any of its authors, developers, licensors, or distributors will be liable to you for any damages arising out of the use or misuse of the Applications.
This limitation of liability includes, but is not limited to, the following:
- Any damage to, or viruses or any other code having a harmful effect on, equipment (including, but not limited to, your mobile device), software, data or other property resulting from your downloading, installing, accessing or using the Applications or obtaining any material from, or by virtue of, the use of the Applications;
- Damage arising from any inaccuracy or incompleteness in the content of the Applications, or any loss, damage, cost or expense of any kind incurred by you in connection with your access to, use of or inability to use the Applications or any of their content;
- Damage resulting from personal injury, incidental, special, indirect or consequential damage, including, but not limited to, damage caused by loss of profits, loss of data, business interruption or any other commercial damage or losses arising out of, or in connection with, your use of, or inability to use, the Applications;
- Damage resulting from actions by third parties;
These limitations of our liability apply regardless of whether such damage results from the use or misuse of, and/or reliance on, the Applications or from the inability to open or use the Applications or from any interruption, suspension or discontinuance of the Applications.
You should always seek professional advice before making decisions recommended by the Applications or about information obtained through Chapps that could have legal or financial implications. Chapps accepts no liability whatsoever for any damage incurred as a result of failure to obtain appropriate professional information or advice.
In no event shall Chapps’ liability exceed the amounts paid by you in the 12-month period preceding the event giving rise to such claim.
7. Apple Inc’s Warranties and Liability
You recognise that:
- Apple is not responsible for the Applications or their content;
- Apple has no obligation to provide maintenance and support services for the Applications;
- In the event that the Applications fail to fulfil any warranty given under this Licence Agreement, you may notify Apple and Apple will refund the purchase price for the Applications to you;
- Apple, to the extent permitted by relevant law, has no warranty of any kind with respect to the Applications and will not be responsible for any claims, losses, obligations, damages, costs or expenses attributable to any failure to comply with any warranty;
- Apple will not be responsible for intervening in any action brought against you or any third party in respect of the Applications or your possession and/or use of them, including, but not limited to: (i) claims arising out of product liability; (ii) any claim that the Applications would not meet any relevant requirement imposed by law or regulation; and (iii) claims arising out of consumer protection legislation and similar legislation;
- In the event that a third party were to claim that the Applications or your possession and use of them would infringe that third party’s intellectual property rights, Apple would not be responsible for investigating, defending, settling and nullifying any such alleged infringement of intellectual property rights.
The provisions of this article shall in no event prevent, disrupt, mitigate, or otherwise adversely affect the validity, application and enforceability of the Disclaimer of Warranties and the Limitation of Liability, as set forth in Articles 5 and 6 of this Licence Agreement.
8. Alphabet Inc’s Warranties and Liability
You recognise that:
- Alphabet is not responsible for the Applications or their content;
- Alphabet has no obligation to provide maintenance and support services for the Applications;
- In the event that the Applications fail to fulfil any warranty given under this Licence Agreement, you may notify Alphabet and Alphabet will refund the purchase price for the Applications to you;
- Alphabet, to the extent permitted by relevant law, has no warranty of any kind with respect to the Applications and will not be responsible for any claims, losses, obligations, damages, costs or expenses attributable to any failure to comply with any warranty;
- Alphabet will not be responsible for intervening in any action brought against you or any third party in respect of the Applications or your possession and/or use of them, including, but not limited to: (i) claims arising out of product liability; (ii) any claim that the Applications would not meet any relevant requirement imposed by law or regulation; and (iii) claims arising out of consumer protection legislation and similar legislation;
- In the event that a third party were to claim that the Applications or your possession and use of them would infringe that third party’s intellectual property rights, Alphabet would not be responsible for investigating, defending, settling and nullifying any such alleged infringement of intellectual property rights.
The provisions of this article shall in no way prevent, impair, weaken, or otherwise adversely affect the validity, application and enforceability of the Disclaimer of Warranties and Limitation of Liability set forth in Articles 5 and 6 of this License Agreement.
9. Intellectual Property
All intellectual property rights including, but not limited to, copyright (including computer software copyright), patents, trademarks or trade names, design rights, database rights, know-how, trade secrets and rights of trust in the Applications (together the “Intellectual Property Rights”) are owned or licensed by Chapps.
You acknowledge that your rights in the Applications are licensed to you (and not sold or otherwise transferred to you) and that by using the Applications you do not acquire any ownership rights or interests in, or relating to, the Applications or the Intellectual Property Rights.
The names and logos of Chapps and of the Applications are trademarks of Chapps or third parties and no right or license is granted to use them for personal purposes.
10. Data Storage
The data you collect with the Chapps Applications are stored and managed by Chapps via cloud storage. In order to keep the volume of these data limited, Chapps applies the following rules with regard to this data storage:
- For inspections carried out in sequences (a final inspection based on a previous initial and any interim inspections, such as with the Rental Inspector)? once the sequence has been completed, the saved photos are deleted after 24 months, and the saved PDF documents are permanently deleted after 84 months (7 years). The start of a new sequence on an object is regarded as the completion of all previous sequences, even if no final inspections were carried out beforehand. For all other finalised inspections, the stored photos will be permanently deleted after 24 months and the generated PDF reports and documents after 84 months (7 years).
- Upon request and upon payment of a specific additional fee, you may request an extension of the storage periods of the data in the cloud. You must request this before the expiry of the storage periods referred to in point 1).
- When you terminate your subscription to the Chapps Applications, the stored data will be permanently deleted from the Chapps cloud storage upon expiry of 30 days following the last day of the terminated subscription. However, you may request a data export of your then existing data (pdf reports, photos, and videos) from Chapps by e-mail to email@example.com from an e-mail address which corresponds to an e-mail address linked to your account, prior to the expiry date of your subscription. This data export is subject to a fee, which is communicated by Chapps in advance and is calculated based on the available data volume.
You agree to indemnify and protect Chapps and its affiliates, managers, directors, shareholders, representatives and employees against any action, claims and proceedings brought by any third party in connection with your use of the Applications, as well as all related costs, damages and expenses (including, but not limited to, attorneys’ fees) fully and effectively.
12. Authorisation for processing personal data
Certain features of the Applications may require certain personal data to be processed by Chapps.
Chapps takes your privacy seriously and undertakes to treat the personal data it processes with due care.
Chapps may amend these License Terms in due course.
We always communicate the most recent version on our website and invite you to consult it regularly. The date of the last change is at the top of this document. Older versions are stored in our archives.
Of course, we inform you via our websites or other common communication channels of any change in content.
If you do not agree to a change, the Applications can no longer be used. You must then remove the installation from your device and stop visiting and using the Applications.
14. Various provisions
You hereby state and warrant that (i) you are not in a country subject to an embargo by the U.S. Government or designated by the U.S. Government as a country supporting “terrorism” and (ii) you are not on any U.S. Government list of persons subject to any prohibition or restriction.
If any provision of this Licence Agreement is invalid or unenforceable under any applicable law, that will not affect the validity or enforceability of the remainder of the provisions of this Licence Agreement. Without further action by the parties to this Agreement, such provision shall be amended to the extent possible to make it valid and enforceable.
Any failure by Chapps not to enforce any provision of this Licence Agreement shall not be deemed to constitute a waiver of these provisions and shall in no way affect its rights to enforce any provision of this Licence Agreement at a later date.
Regardless of the country from which you open the Applications, your use of the Applications will always be governed by Belgian law. In the event of any dispute arising out of, or in connection with, this Licence Agreement, including any questions regarding its existence, validity, or termination, and/or arising out of, or in connection with, access to or use of the Applications, the courts of Brussels (Belgium) will have exclusive jurisdiction.
If you have any questions or concerns about these Licensing Terms, you can always contact us by e-mail via firstname.lastname@example.org.