As a user, you acknowledge and guarantee:
Any objection or contestation to these Product Software Terms will be interpreted as a refusal to agree to these Product Software Terms. IF YOU WERE TO DISAGREE WITH THESE PRODUCT SOFTWARE TERMS YOU ARE NOT PERMITTED TO USE THE PRODUCT.
API refers to Cronovo application programming interface for developers dedicated for Cronovo digital health Products and Services, as specified in the the applicable API agreement. Products or Cronovo Products and/or Services or Cronovo Services refers to a range of Cronovo digital health products and services offered and provided by Cronovo. Website: refers to the website available at the following address : www.cronovo.com.
It is understood and agreed between the parties that Cronovo shall have the right, in any case, to modify all or part of these Product Software Terms, to reflect changes to the law or any applicable regulation, or modification of our Products and Services -or any event which is deemed sufficient by Cronovo to command such revisions. Any new version of the Product Software Terms will not apply retroactively but replaces and supersedes the previous Product Software Terms. We advise you to frequently consult the Cronovo Services Terms and Conditions and to save each version on durable media.
Your identification through a Cronovo account (hereinafter the “Account”) is required before any connection, access and use of the any Product Software. We remind you that you may decide to create your Account under a pseudonym. By connecting an Application and a Product, you identify yourself as the user of the Product. This connection allows you to:
The Product Software is composed of elements such as text, interfaces, photographs, charts, pictures, browsing means, trademarks, logo, graphics, design, music, artworks, computer code, software, fonts or any other elements incorporated into the Product (hereinafter “Product Software Element”). The Product Software Elements and all rights, including without limitation title and intellectual property rights therein, are owned by Cronovo and/or its licensors and affiliates and are protected by international treaty provisions and all other applicable national laws of the country in which it is being used. The structure, organization, and code of the Product Software are valuable trade secrets and confidential information of Cronovo and/or its licensors and affiliates. Subject to your compliance with the Cronovo Services Terms and Conditions, including these Product Software Terms, we, or any third party specifically designated for this purpose, grant you a personal, non-exclusive, non-transferable, non-assignable, non-sublicensable license, revocable at any time at Cronovo’s sole discretion, to access and use the Product Software strictly in accordance with the Cronovo Services Terms and Conditions. Use of the Product Software does not grant you any intellectual property rights in or to any information or content in the Product Software. The license granted under these Product Software Terms is strictly limited to the purpose of Cronovo Services Terms and Conditions. You may not distribute, transfer the right to use, modify, translate, reproduce, resell, sublicense, market, rent, lease, reverse engineer, de-compile, extract or otherwise attempt to discover the source code of any software included in the Product Software. For open source licensed software, if any, applicable open source license terms apply. No right or license, express or implied, is granted to any part of the Product Software except as expressly set forth herein. In addition, no licenses or immunities are granted to the combination of the Product Software with any other software or hardware not delivered by Cronovo or its authorized distributors or resellers. Also, any and all licenses with respect to any patents of Cronovo and/or its licensors and affiliates and of any third party (including essential patents) are specifically excluded from the scope of the Cronovo Services Terms and Conditions, including these Product Software Terms, and such licenses need to be acquired separately from Cronovo or the respective right holders, as the case may be. Unless otherwise specified, the right hereby granted may apply to any updates and evolution of the Product Software.
By using any Product Software, you may allow Cronovo, or any third party designated by Cronovo for such purpose, to store data collected when using a Product and/or an Application and/or functionality allowed by a Product and Application. You may not be able to access to your data at all times, as we cannot guarantee you that your data will be available forever. We therefore recommend you to frequently save your data though the means provided in the Application.
The following warranty applies to:
The following warranty does not apply to:
Unless required by any mandatory legal provision, the Website, the Applications, Product Software, hosting services, the API and improvements of any of the above (hereinafter the “Elements”) are provided on an “AS IS” and “AS AVAILABLE” basis. Cronovo MAKES, AND USER RECEIVES, IN CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE ELEMENTS, OR ANY CONTENT, SERVICE OR FEATURE OF THE ELEMENTS, INCLUDING ANY INFORMATION AND DOCUMENTS DOWNLOADED BY YOU ARE FREE OF ERRORS OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED. Cronovo DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ELEMENTS. YOUR SOLE REMEDY AGAINST Cronovo FOR ANY DISSATISFACTION WITH ALL OR PART OF THE ELEMENTS OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WITHOUT WHICH THE PARTIES WOULD NOT HAVE ENTERED INTO THE AGREEMENT.
Any event that is deemed at once unforeseeable, insurmountable and external and thereby prevents us from fulfilling our obligations under these Product Software Terms is considered an event of Force Majeure (“Force Majeure Event”). The following events are especially considered as examples of Force Majeure Events: strikes, flood, fire, lock-outs, disruption and distractions in transport services, supply difficulties in raw material or energy, any communication interference resulting in any difficulty to fulfil any order or performance of any act required by the Product Software Terms shall be suspended for the duration of the Force Majeure Event. The performance of such act shall be immediately continued once the cause of the Force Majeure Event ceases.
This version of the Product Software Terms constitutes the entire agreement between you and us and cancels, excludes and replaces any previous conditions in its subject matter. You acknowledge that other documents of the Cronovo Services Terms and Conditions may also apply to you when you are subject to these Product Software Terms.
If any provision of these Product Software Terms is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
Any failure to exercise or delay in exercising any right, power or privilege under these Product Software Terms shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.
Any notification and communication between Cronovo and you can be realised by any electronic means of communication such as emails. You hereby grant us your express consent for sending you by electronic means of communication any notification through your Cronovo account.
In the event of any controversy or dispute between Cronovo and You arising out of or in connection with your use of any Products and Services provided by Cronovo, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute amicably through alternative dispute resolution. These Cronovo Terms and Conditions are governed by United Kingdom law. In the event that litigation arises out of or in connection with your use of any Products and Services provided by Cronovo, the Parties undertake to seek an amicable solution before any legal action. In case of dispute, only the United Kingdom courts will be competent. If despite all our efforts to meet your expectations you do not get satisfaction after our customer service, you can make free use of a consumer mediator.Alternative Dispute Resolution for Consumers Center, Retail ADR will help you in your efforts if you contact them: (i) via their online form (https://www.retailadr.org.uk/contact/), (ii) by email at [email protected] or (iii) by ordinary mail or recommended to the Retail ADR, 12 Walker Ave, Stratford Office Village, Wolverton Mill, Milton Keynes, MK12 5TW, United Kingdom.The Parties may agree to resolve their dispute through the online dispute resolution platform provided by the European. You can access to the platform here: ec.europa.eu/consumers/odr
Updated on 12 Sep 2018.
Versions: 12 Sep 2018 , 20 Jun 2017