Thank you for visiting our Website and using our cloud based biometric attendance system. Our cloud based biometric attendance system enables you to keep track of employee attendance.
Please read this Agreement carefully before accessing or using the Website or Services. By accessing or using any part of the Website or using any Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Services. If these terms and conditions are considered an offer by Neurotechnology, acceptance is expressly limited to these terms.
Services. Services include such features as are set forth on Provider’s Website, as Provider may change such features from time to time, in its sole discretion.
Grant of right to use Services. Provider will provide the Service to Recipient pursuant to its standard policies and procedures then in effect. The right to use the Service is worldwide, temporal, revocable, non-exclusive, personal and non-transferable subject to terms and limitations as described in this Agreement.
Recipient’s Account. If you sign up to the Website or Services, you are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify Neurotechnology of any unauthorized uses of your Account or any other breaches of security. Neurotechnology will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Recipient’s Identity. Recipient warrants: (i) that it has accurately identified itself through its Account and will maintain the accuracy of such identification; and (ii) that it is a corporation or other business entity authorized to do business pursuant to applicable law or an individual 18 years or older.
Right to Do Business. Recipient warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
Use of Services. In order to use Neurotechnology Services following guidelines, terms and conditions must be followed:
Neurotechnology Services must not be used in connection with any situation which violates law of Lithuania or any regulation and personal, privacy, property and other rights and this Agreement.
Copyright Infringement and DMCA Policy. As Neurotechnology asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by cloud.ncheck.net violates your copyright, please notify us by providing a written notice. Neurotechnology will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
Intellectual Property. This Agreement does not transfer from Neurotechnology to you any Neurotechnology or third party intellectual property. Neurotechnology, cloud.ncheck.net, the Neurotechnology logo, and all other trademarks, service marks, graphics and logos used in connection with cloud.ncheck.net, or the Website and Services are trademarks or registered trademarks of Neurotechnology or Neurotechnology’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website or Services grants you no right or license to reproduce or otherwise use any Neurotechnology or third-party trademarks.
Support. Neurotechnology may provide technical support for its Services in some situations. However, Neurotechnology may decide, in its sole discretion, to provide technical support, general support or customization for its Services (collectively “Support”), and may terminate that Support at any time with or without notice. Neurotechnology may change, suspend or discontinue any or all features of Services at any time. Also, Neurotechnology may limit or restrict completely access to Website or Services without any notices or liabilities.
Fees. Recipient agrees to pay fees for the use of the Service. Provider charges predefined fees for the Service depending on predefined maximum workload and database capacity, monthly usage and other criteria. Additional use is charged on per operation basis. Predefined fees are to be paid in the beginning of the payment period. Additional usage fees are to be paid monthly. If fees are not paid within 7 days of due date, Provider will automatically terminate service to Recipient. Charges are solely based on Provider’s measurements of Recipient’s use of the Services, unless otherwise agreed to in writing. Provider reserves the right to change fees for the Service, workload, usage, database capacity limits or other criteria at any time; however, Recipient will be informed in advance. Also, Neurotechnology may charge you for providing Services different from described in this Agreement. To the fullest extent permitted by law, Recipient waive all claims relating to charges unless claimed within 30 days after the charge (this does not affect Recipient‘s credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the discretion of Provider and only in the form of credit for the Service.
Termination. Neurotechnology may terminate your use of all or any part of the Website or Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website or Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No High Risk Use. NCheck cloud Website and Services are not fault-tolerant. The Website and Services are not designed or intended for use in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). You are not allowed to use the Website or Services in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug, and Cosmetic Act. You agree not to use the Website or Services in, or in connection with, any High Risk Use.
Disclaimer. NEUROTECHNOLOGY WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND AS AVAILABLE, AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) Provider does not warrant that the Website or Services will perform without error or interruption. You understand that you use Neurotechnology Website and Services at your own discretion and risk.
Limitation of Liability. IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARAISING FROM OR CENNECTED WITH USE OF THE PROVIDER SERVICES. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF RECIPIENT’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of some provisions of this Section, some provisions of this Section may not apply to you.
Waiver and release. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Neurotechnology, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of this Website or Services. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
Indemnification. To the maximum extent permitted by applicable law, You agree to indemnify and hold harmless Provider, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and Services, including but not limited to your violation of this Agreement.
Changes to the Agreement. Provider reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of Website or Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Provider may also, in the future, offer new Services and/or features through the Website (including but not limited to the release of new services, products, tools and resources). Such new features and/or Services shall be subject to the terms and conditions of this Agreement.
Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, nor may bind the other in any way.
Force Majeure. To the extent caused by force majeure the Provider will not be liable for delays or any failure to operate the Website, provide Services or perform this Agreement.
No Waiver. The failure of the Provider at any time to require performance by the Recipient of any provision of this Agreement shall in no way affect Provider’s right to enforce such provisions, nor shall the waiver by Recipient of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
Choice of Law & Jurisdiction. This Agreement will be governed solely by the internal laws of the State of Lithuania, without reference to such State’s principles of conflicts of law. The parties consent to the personal and exclusive jurisdiction of the courts of Vilnius, Lithuania.
Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
Amendments. In some situations Provider and Recipient could agree on modification to or variation of this Agreement. All such modification to or variation of this Agreement must be in writing and signed by authorized representatives of the Provider and the Recipient.
Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
This Agreement was last updated on 2016-10-18.