Livingroom Analytics - App Terms & Conditions
LAST UPDATED May16, 2018
1. Background
1.1 Livingroom Analytics, Fruebjergvej 3, 2100 København Ø, Denmark, company registration number DK38840606 (hereinafter “Livingroom”, “we,” or “us”) has developed an application for mobile devices (hereinafter the “Software”), accessed via a browser or installed on mobile devices, which the User may use in connection with the Livingroom Analytics Software as a Service (hereinafter “SaaS”). The term “you” or “User” refers to any user of the Software.
1.2 Livingroom’s Software is not available for persons under the age of 16.
1.3 These general terms and conditions (hereinafter referred to as “Terms”) apply between Livingroom and the User for all use of our Software. By downloading or installing Livingroom’s Software, the User accept the terms and conditions described in these Terms.
2. Amendment
2.1 Livingroom may amend the Terms at any time. In case Livingroom decides to amend these Terms, we will post a new version that has to be accepted with your next update of the Software. Any amendments to the Terms will be effective upon acceptance of the new or changed terms.
2.2 Livingroom may discontinue or change any service or feature on the Software at any time and without notice.
3. Scope
3.1 In order to use the Software, the User must be configured in the SaaS and be provided with a username and password.
3.2 The Software can be downloaded and installed free of charge. In order to use the Software, Users are required to be registered in the SaaS, which is subject to a subscription fee.
4. Limited License
4.1 The User receives a non-exclusive license with the right to install the Software (install and record the Software into the memory of a personal device) or access the Software via a browser, and use the Software as intended. Livingroom does not provide any rights to the User for Software use, except for the rights expressly stated in these Terms.
4.2 The User is prohibited from:
4.2.1 Distributing, renting, or leasing the software;
4.2.2 Altering, merging, adapting, decompiling, disassembling, modifying, translating into other languages or in any way changing the Software or any of its components;
4.2.3 Using the Software in other ways that are not expressly stipulated in the Terms.
4.3 The User may use the Software during the term of validity of these Terms in the above-mentioned ways anywhere in the world.
4.4 All rights not expressly granted in these Terms are reserved.
5. Warranties
5.1 To the maximum extent permitted by applicable law, Livingroom expressly waives any warranties, direct or indirect, towards the User regarding the Software, including but not limited to any indirect warranties towards quality, suitability for specific purposes and observation of rights. The Software shall be provided “as is” without further warranties of any nature. The User shall assume all risks related to any damage and losses arising from use or impossibility of using the Software. Livingroom does not guarantee that the Software meets the User’s requirements and that Software operation will be unfailing or error-free.
6. Limitation of liability
6.1 To the maximum extent permitted by applicable law neither Livingroom or its licensors or partners shall bear any liability to the User for any damage (including but not limited to it, actual losses, incidental losses, indirect losses, lost profit or lost data, regardless of whether such damage was predictable or not) arising in connection with these Terms and with the User’s operation of the Software.
6.2 Livingroom shall not bear liability for inability to install or launch the Software on the User’s personal mobile device and also for possible errors and failures in the Software operation.
6.3 The User must connect to the internet in order to use the Software. All costs of the internet connection shall be incurred by the User. Livingroom shall not be liable for any damage caused to the User as a result of a failure to connect to the internet or installation of malicious Software on the User’s mobile device.
6.4 In any event shall the liability of Livingroom be limited to an amount of DKK 5.000.
7. Privacy Policy
7.1 At all times any information collected and being processed during your use of the Software will be treated in accordance with our Software Privacy Policy. The User is obliged to ensure the security of his/her account and confidentiality of his/her data.
8. Term and Termination
8.1 The Terms becomes effective upon your downloading/installing of the Software, upon signing up for the Software, or upon your use of the Software, whichever occurs first, at which date (“Effective Date”) you are considered to have accepted these Terms. The Terms shall continue until terminated by either party or breached by you.
9. Applicable Law
9.1 Any disputes that may arise out of the Terms, shall be settled in accordance with Danish law by the City Court of Copenhagen, Denmark.