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1.2 By using the Solutions, Customer agrees to be bound by these ToU.
1.3 Customer is a business entity that uses Solutions to communicate with Users. User means the end-user who uses one or more Solutions based on their relationship with Customer.
1.4 Nevron may change or amend any provision of these ToU at any time without prior notice. Customer’s use of Solutions after such change or amendment shall be deemed consent to the new provisions.
2.1 The type and scope of Solutions to be used by Customer and Customer’s rights regarding Solutions shall be defined in an offer or quote sent by Nevron (Offer). Upon Customer's acceptance, the contents of the offer shall form part of the agreement between Nevron and Customer.
2.2 Nevron shall charge Customer for the Solutions based on the Pricelists which shall be sent to Customer or published online. Nevron may use different Pricelists for different Solutions and/or different territories. In such cases, the Pricelist for the territory in which the Customer’s premises, with regard to which Solutions are being used, is located shall apply. In case of a vessel, the Pricelist for the territory in which the Customer has its registered seat or business address shall apply. If there is no pricelist for a certain territory, a general pricelist shall apply.
2.3 In case of discrepancies between these ToU and Offer or Pricelists, Offer or Pricelists shall prevail.
2.4 In case of discrepancies between Offer and Pricelists, Offer shall prevail.
2.5 Nevron may change any price and/or other conditions in Pricelists at any time of which Customer shall be duly informed. Customer’s use of Solutions after such change shall be deemed consent to the changed prices.
2.6 Unless otherwise agreed, Solutions shall be charged by Nevron in advance.
2.7 Unless stated otherwise, all prices listed shall be without VAT and any other applicable taxes or government-imposed fees which shall be charged by Nevron on top of the listed prices.
2.8 Unless otherwise agreed, recurring payments for Solutions may be terminated at any time. In such a case, access to Solutions shall be terminated on the last day of the period for which the payment has been made.
2.9 Failure to pay for Solutions may result in Nevron’s termination of access to Solutions without prior notice.
3.1 By entering into an agreement with Nevron regarding the use of Solutions, Nevron grants to Customer a non-exclusive, revocable, non-transferable, temporary and territorially limited licence (Licence) to use the Solutions in line with their purpose and intended use.
3.2 Any other use of Solutions shall be regarded as a violation of Nevron’s copyright and other intellectual property rights and shall be dealt with accordingly.
3.3 Nevron may revoke the Licence at any time for any reason, including, but not limited to, force majeure (act of God), violations of provisions of these ToU, and non-payment for the use of Solutions .
4.1 Solutions are provided on an “as-is” basis. Nevron may change, amend or update Solutions or any part or functionality thereof at any time without prior notice.
4.2 No warranty is given by Nevron regarding Solutions, including, but not limited to, any conditions of merchantability or fitness for a particular purpose.
4.3 Nevron assumes no liability for any damage that may occur from, or in connection with, the use of Solutions. If this disclaimer is to be found void or inapplicable for any reason, then Nevron’s liability (amount of damages) shall be limited to the maximum extent permitted by the applicable laws.
5.1 Where Solutions shall be provided through the mobile app (to be downloaded and installed by Customer’s Users on their devices), and such mobile app shall be branded as Customer’s mobile app, it shall be the sole responsibility of Customer to be in line with the terms and conditions set forth by the Apple App Store and Google Play Store, or any other mobile app marketplace, during the term of the agreement to use Solutions.
5.2 Nevron assumes no liability for Customer’s failure to comply with the above obligation.
6.1 Customer guarantees that the copyrights to any and all texts, graphics, photos, designs, trademarks or other information (Content) to be used as part of Solutions, are fully owned by Customer or that Customer has permission to use Content. Customer shall protect and defend Nevron from any claims and/or penalties arising from the use of Content.
6.2 The provisions of the previous paragraph shall also apply to the Content that is owned and/or copyrighted by a third person if Customer has asked or authorized Nevron to use such Content.
7.1 Unless otherwise agreed, Customer may terminate the agreement with Nevron for the use of Solutions at any time by a written notice to Nevron. In addition to that, non-payment of the fee to use Solutions for the next time period by Customer shall be deemed termination of the agreement by Nevron and Nevron shall act accordingly.
7.2 Nevron may terminate the agreement to use Solutions at any time. In such case, access to Solutions shall be terminated on the last day of the time period in which the notice of termination was sent to Customer.
8.1 The agreement to use Solutions shall be construed and interpreted in accordance with the laws of Slovenia, to the exclusion of provisions on conflicts of law.
8.2 Nevron and Customer shall first try to resolve amicably any dispute arising from, or in connection with, the use of Solutions. Failing that, a competent court in Kranj, Slovenia, shall have exclusive jurisdiction to settle such a dispute.