Terms and Conditions of Online Services
Terms and Conditions of Online Services provided on PharosN Portal (pharosnavigator.com) are updated and effective as of 10 August 2017. PLEASE READ THIS AGREEMENT CAREFULLY.
The company GOLEM - Gesellschaft für integrierte mikroelektronische Komplettlösungen Gesellschaft m.b.H., Hausfeldstrasse 22/1/7, 1220 Vienna, Austria named here as “Provider” implements and runs this web site under the name “Pharos Navigator Portal” or “PharosN Portal” or having domain names pharosnavigator.com and pharosnavigator.biz and win2biz.com as technical means for providing you with innovation in digital transformation services enabled by Smart Sustainable Systems which include Information, Data, Models of complex cyber-physical systems, Transformation engines, On-line and mobile applications, Software, Products and Documents, and collectively named as “Services”.
PLEASE READ CAREFULLY: BY CLICKING "I AGREE" and CREATING A SELF-MANAGED ACCOUNT or PURCHASING CREDITS or SUBSCRIBING TO SERVICES or USING THE SERVICES, YOU ARE AGREEING TO THESE TERMS and CONDITIONS OF SERVICE ("AGREEMENT") ON BEHALF OF THE ENTITY ON WHOSE BEHALF YOU ARE SETTING UP YOUR MEMBER ACCOUNT AND YOUR ORGANIZATION (“ORGANIZATION”) AS IT’S SUPERVISOR.
The TOS may have the following terms used in the text:
Administrator of Business Applications (ABA): means a member of the administrative group of the PharosN engine who is responsible for running the engine in a VOrg after its subscription and installation. As a rule each ABA shall be a Member of this VOrg having some of its roles;
Account: means a personal account at PharosN Portal that is created, managed and owned by you as Portal Member;
Agreement: means this Terms and Conditions of Use having abbreviation TOS, as may be renewed and/or amended by the Provider from time to time;
Additional Agreements or Additional License Agreements: mean that the Services, Products, utilities and offerings provided at the Portal or any of its affiliated sites or partners may be subject to separate Agreements which may correspond to the Service type, content, other conditions and policies which shall be checked prior to its copying and use. If certain instances of specific Services may be subjected to regulation of additional policies, terms or requirements (hereinafter —which create any discrepancies between Additional Policies and these Terms, then Additional Agreements shall prevail.
Contributor: means a member of VOrg having possibility to pay, subscribe and use subscriptions for services for the Organization and invite other members without approval by Master or Supervisor. Contributor role is limited only to these functions however it can be promoted to become Master or Supervisor or relevant VOrg by its Master or Supervisor.
Data Backup: means encrypted dataset of special structure which was made during valid subscription for the Service through use of the Service called “PharosN Engine” installed in specific VOrg and containing the data in relation to the engine operation and its applications in the VOrg.
Device: (whether or not capitalized) means a desktop or laptop computer, mobile tablet, mobile phone, or other device having central processor, storage and capable to run major browsers and operating systems like Android or Microsoft Windows or Ubuntu, Red Hat, etc.
Deposit account: The counter of current deposit in Euro currency that is available to your VOrg which you can use to cover the fees for service subscriptions. The amount in the deposit is created by receipt of your and other payment from your VOrg members using recognized payment providers.
Engine means PharosN software available for portal subscribers as service and running in cloud or at premises enabling custom digital transformation of data streams into information services and controls and sending the user data and analytics to user devices.
IP Rights: means (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow, trade secrets and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights.
Master: means a Portal Member who administers some VOrg having a role of its Master and being responsible for managing the services provided to the VOrg such as its membership and subscriptions. Compared to a role of Supervisor, the Master is provided with unique possibility to add or remove other Masters and Supervisors and Members of this particular organisation that no other member of organization has.
Member: means anyone who was registered at the Portal and was provided with personal on-line account and can access to his/her personal area over Internet and set own VOrg and or join other VOrgs and can subscribe and use the Services in these VOrgs. A member shall have some role in every VOrg e.g. be a Master on own VOrg and Subscriber in another VOrg.
Member activities: means Member actions using own personal account such as management of subscriptions to Services, accessing information on subscription implementation, obtaining relevant documentation and invoices, accessing history logs, making payments to subscribe for services and other activities available to Portal Members.
Notify: means to provide you with information about events related to your use of Services by sending messages to your Inbox at PharosN Portal and your account in subscribed engines, emailing to external mail services.
Object model: means the specific logical structure of components interacting in the cyber-physical system described by means of the PharosN instruments and stored in the engine database; the examples are enterprise, factory, district, city, building, machine, etc.
Password: means a unique combination of symbols known only to you that entered in combination with your User ID that gives access to your personal account.
Personal Information: means information that you may provide at the time of registration or otherwise, such as name, physical location or address, IP address, e-mail address, employment, associated organizations or similar information that identifies you as a unique individual.
PharosN the same as Pharos Navigator® meaning the integrated digital transformation platform provided to the members as Service.
Portal PharosN: means this web site and its sub-sites providing Services to its Members that are implemented and maintained by the Provider at domains pharosnavigator.com and pharosnavigator.biz and win2biz.com.
Provider, we, us, or our (whether or not capitalized) means the company GOLEM Integrated Microelectronics Solutions GMBH, Austria as well as its subsidiaries and affiliated organisations collectively referred to.
Provider Affiliate, Partners (whether or not capitalized): means persons or entities who have provided products, licenses, or services with which Provider has entered into an agreement to sublicense or to provide Provider Services to users.
Publish information means to provide to or make accessible the information for public access in Internet by your advertisements, emailing, desktop messaging, posting to blogs, forums, or any other websites you may visit.
Service means everything which is provided to you while you are logged into the Portal including web content information, graphics, websites, applications, software, objects, interactive wizards, documentation, materials, on-line courses, commands, tools, which were made available to Members of the Portal and provided by the Provider or its authorized agents, distributors, and licensees.
Service Subscription means unified way of accessing to Services provided only for Portal Members. Each Subscription to Service is generally available under some fee which can be paid by Member from personal deposit or by covered by payment certificates issued by the Portal administration. Each subscription is available for particular time period and can be extended manually or automatically.
Software means the copies of software components available to you for your use by Provider as subscription services.
Subscription period for any service begins after the payment of its subscription fee, regardless of the date of activation, and expires at the end of specific purchased term that may be daily, monthly, yearly or for another periodic metric.
Supervisor: means a member of VOrg having responsibility to manage its services such as membership and subscriptions for services on behalf of such VOrg. Supervisor role has the same powers as Master excluding capacity to denote or remove any Master or other Supervisor from own VOrg.
Supervisor-ABA: means a member of VOrg having responsibility of ABA at some engine running in VOrg. This role provides powers to extend the subscription for the engine and initiate its backup or restore without approvals of VOrg Master or Supervisors.
Subscriber: means a member of VOrg having possibility to pay, subscribe and use subscriptions for services for the Organization and invite other members (subject to approval by Master or Supervisor). Subscriber role is limited only to these functions however subscriber can be promoted to become Master or Supervisor in his/her VOrg by its Master.
Terms: means collectively this Agreement and any other Additional Terms that you enter into with the Provider or any of its Affiliates in respect of the Provider Software, Products and/or Websites;
Use or Using Provider Services means each time you visit websites pharosnavigator.com or pharosnavigator.biz or win2biz.com or win2biz.net, register with these sites, login into personal account, use its instruments, subscribe to services including the Software, use the Software, obtain encrypted data backups, install and reinstall PharosN engines and client software, restore backups, view the status of your service subscriptions, access any of Portal information or request support.
You, yourself, user, and customer (whether or not capitalized): refers to the individual having personal account at the Portal for using the Services.
Your Content: means any information, data, text, graphics or other materials uploaded, downloaded or appearing as result of your use of the Portal Services including data stored in your engines installed and running as Service subscriptions.
VOrg or Virtual Organisation is an organized group of Portal Members having unique identification ID and optional roles in managing the access to the Portal services. The VOrg name is provided by a Member who creates it. The name may or may not be associated with legal entities existing in countries but shall correspond to particular legal name if relevant legal documents are required such as invoices for service subscriptions.
By accessing or using this Portal as well as it sub-sites providing the Services to Users and by registering to Use Portal Services, and each time you Use a Provider Product or Service, you affirm your acceptance of these Terms and Conditions of Service Use (TOS) and agree to comply with them now and throughout the period of your Use of the Services and thereafter.
If you do not agree to these TOS in their entirety, do not Use Services.
The Provider may change the Terms and Conditions of Service Use unilaterally at any time, without prior notice to you, and in its sole discretion to eliminate inconsistencies and adapt to changing legal or technical environment. The new or modified TOS will be effective immediately after we publish them on our portal http://pharosnavigator.com and http://pharosnavigator.biz and http://win2biz.com. We will inform you by sending notification of a change to the last known email address of the customer.
If you do not agree to be bound by Provider’s TOS as Published by Provider from time to time, your sole and exclusive remedy is to discontinue using Services.
If you breach any of the TOS, your authorization to use this Site automatically terminates and you must immediately cease the use of Services, destroy any related software and materials downloaded or printed from the Portal.
1. The services which are made available to you after your registration as Portal Member meaning your acceptance of TOS consist of the following main categories:
- Software implementing functions described in the PharosN Portal information pages
- Sample object models of different cyber-physical systems existing in the real world that are used for digital transformation while running on PharosN engine and provide users with information services related to specific application areas
- Learning wizards, on-line courses and training materials
- Services supporting partners in their business developments (consulting, training, promotion, referencing, certification)
- Advertisements, case studies
The services are provided upon subscription and payment of fees meaning that you agreed with its conditions including prices. Payments can be made by using major third party payment providers made available to you in your personal area or by using special promotional Payment Certificates which you may receive from PharosN Portal administration.
While payments for service subscriptions can be made by any Member of VOrg, the implementation of subscriptions is available only within the relevant VOrgs.
2. The Provider will give Customer the best service available by means of PharosN Portal and PharosN engine and its applications and undertake its continuous improvement, but Customer understands that these are best possible novel services and agrees to hold the Provider harmless from any quality of service claims. The Provider makes absolutely no claim for quality of service or availability of features as may be and expected by Customer. To compensate customer for any possible inconveniences arising from services, Customer shall receive 50% off any monthly unlimited plan. This discount is already reflected in the price suggested to Customer on our Plans web page. CUSTOMER AGREES THIS IS JUST THE ONLY COMPENSATION FOR ANY SERVICE ISSUES WHICH MAY ARISE.
The Services are intended and offered only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into an Agreement for such Services. The agreement and access to services require registration of an individual as “Member of Portal” and access to personal account.
The membership is free. During registration you shall provide your actual and error free personal data which are required for implementing your privacy and secure 24*7*365 access to services (i.e. 24 hours for 7 days in a week for 365 days in a year) and protection or your data and ownership rights as well as enable relevant technical and legal conditions for Provider to support all these.
Your personal data is stored in the Portal and kept confidential and not shared to anyone and legally protected by legislation of European Union. The Portal does not have any public directory of its Members and their Organizations and such information is not available to any Member or search engine or public in Internet unless you publish it elsewhere.
You are responsible to keep your personal data updated within 14 days of any change such as name, residence address, contacts and affiliation with your organizations.
You are responsible for personal information that you may introduce to other persons and in relation to particular cases as follows:
- by making your login and password known to third parties e.g. by having your device running PharosN client after the login and leaving your working place or making login from a public computer that may have some pre-installed logger programs copying your login information, etc
- by joining VOrgs you provide their members with your name and contacts
- by publishing your business advertisements at the sub-site Pharos Discovery or case studies or forums, etc that makes such information content open to search engines and Internet community
Your personal data and account may be accessed by the Pharos Portal administrators in case there are technical issues or indications of non-compliance to the TOS.
Your personal instruments in Member Area
During your Membership you have access to and able to use the following instruments:
- Member Profile describing your personal data, contacts, location and other information helping you access and recover your access to Member area if you forget your login, change of your Password and Login, and preferences in receiving notifications about events related to your account including its access and removal
- History of your transactions, subscriptions and activities, including log files of your activities for monitoring your work
- Your VOrgs and their members and subscriptions for services (engines, clients, applications, backups, etc) and relevant events
- Inbox having received and sent messages and life chat with other Members of your Organizations and Portal Administration
- Support options such as Questions and Answers, References and Guides and Feedback forms for requesting administrative assistance
- Manage of your publications at the Portal sites such as Advertisements, Case Studies, Community Insider, etc.
You are responsible for use of these instruments accordingly to the Terms and Conditions of this Agreement. Your Portal Membership makes possible creating your own VOrgs and becoming its Master by default and inviting others to join your VOrgs in different roles and subscribe for services. You can participate in other VOrgs in any of the roles available such as its Member or Master or Supervisor or Contributor or Subscriber by accepting their member invitations, subscribing for services to these Organizations and using of services provided to these VOrgs. You can cease you membership and close your account at any time however resulting in the loss of access to your services and VOrgs.
Your Identity, Password, Email and SMS contacts and trust representation.
You shall make your Password complying with the requirements of minimum length and complexity, keep its safe and take all necessary precautions to ensure your secure access to your Member Area at Portal and its continuous protection. The compliance to the security and protection rules is your responsibility and if not strictly implemented, may cause potentially serious issues for your VOrgs and their access to services especially in case some third party obtains access to your personal account where you have roles of Master or Supervisor of your VOrg. You may add your trust representative as additional Master or Supervisor to your VOrg helping you to secure your Membership and roles and copyrights for relevant data.
You acknowledge herewith and agree that
- Portal administration does not know, never asks for and cannot restore your password unless your rights are legally verified.
- You are fully responsible for maintaining your safe access to your personal Member area, VOrgs and services including assignment of Master and Supervisor roles for your VOrgs and administration of engines running in your VOrgs if you have the roles of its Master or Supervisor.
- You shall make and keep your personal contacts such as email secure and updated complying with the requirements of security and data protection as these contacts are part of identification methods ensuring your capacity to restore access to your Member Area at PharosN portal by your own in case you forget your password.
The compliance to setting and updating your personal contacts allows you receiving notifications about main events promptly including activities related to access to your personal account and VOrgs and implementation of services including extension of subscriptions, restoring backups, realising copyrights for your applications models, etc.
Delivery of messages and notifications. The Provider can reliably deliver messages to you Member Inbox only. The Provider cannot guarantee reliable delivery of Portal messages to your mailboxes that are run by different providers and subject to conditions which are outside of the Provider control. In view of variety of reasons causing messages be lost e.g. spam filters, communication breaks, natural disasters, mobile devices temporary forgotten or lost, etc. you may undertake having two or more optional contacts always enabled for increasing reliability of portal notifications about your membership events.
Provider would use "active" or "continuous" authentication meaning that rather than making authentication a single event, the Portal system continues to monitor a user's characteristics and behaviour over long period of use.
Purpose of VOrg as portal organisation is to enable self management of your service use in your business and to ensure your copyrights for data and complex object models which you and your team may develop. These products can be used for your real world organization as well as sold to your customers.
The PharosN portal services are available to VOrg only. Your VOrg may consist of one or more members such as, for example, senior management of your real world organisation, your employees, operators or research collaborators. You may invite other individuals to join your VOrg at any time.
VOrgs rules. A VOrg is a named unique group of collaborating Members of Portal which may or may not have relation to some legal entity. It can be set by any portal member using command “Add new organisation”, who defines its name, location and other properties and have it listed in the section ”My Organizations” of personal profile and becomes its Master.
There are the following rules in setting and running your VOrgs which you agree to comply with:
The VOrg name that you make in your personal account appears in the list “My Organizations” and is used for providing you with official documents such as Invoices for Services, Agreements, Certificates, etc as legal documents. The documents can be made available to third parties (e.g. your and Portal provider accounting, national tax administrations, etc).
In case you may need to have certain documents, e.g. invoices related to payment for services for tax recovery, the name, location and other formal descriptors of your VOrg shall correspond to relevant legal entity receiving the services.
The list of your organizations is known only to you. It has the following purposes:
- Making your subscribing and inviting new members to your organizations easy
- Supporting convenient reporting and invoicing
Each person joining your VOrg learns its name and names of its members and some other attributes.
There are four members groups in VOrgs differing in rights of its members: Masters, Supervisors, Contributors and Subscribers.
Master has full set of rights to manage the VOrg membership, inviting others to have any of the roles, assigning and changing the roles of members including cancellation of membership and the whole VOrg. Any VOrg must have at least one Master who is responsible to managing VOrg, its services, subscriptions, engine operations, ensuring the VOrg copyrights for data and object models and its use for business purposes.
Supervisor has the same responsibilities as Master with the only difference that Supervisor cannot assign role of Master to anyone and cannot remove Master from the Organization. Supervisor can invite other Members as Supervisors, Contributors or Subscribers.
Supervisor-ABA has the same responsibilities as Supervisor the particular engine where he/she is ABA. Only members of ABA group in particular engine can become Supervisor-ABA providing powers to extend the subscription for the engine using VOrg deposit and initiate its backup or restore without approvals of VOrg Master or Supervisors.
Contributor can subscribe to and pay for any service subject to approval by Master or Supervisor and can invite additional members to the VOrg having the Subscriber role without approval by Master or Supervisor.
Subscriber can subscribe to and pay for any service and can invite additional members to the VOrg having the role Subscriber however subject to approval by Master or Supervisor.
Masters and Supervisors can see all services which VOrg uses e.g. engines and their settings, while Supervisor-ABA, Contributors and Subscribers can see only those services which they use (engines, object models, etc)
After your registration as Member of Portal you have your first VOrg created under your name by default to enable your prompt subscribing to services. You become Master of each of your VOrgs automatically and can change its name and other attributes anytime later. As Master you can invite other individuals to join your Organization in different roles such as Master or Supervisor or Contributor or Subscriber subject to their acceptance as well as subscribe for available services or cancel existing subscriptions at any time.
Your invitations to other individuals for joining your VOrg can be sent to their personal email contacts. If your invitation is accepted then the invitee shall registers as Portal Member and then joins your VOrg automatically. Portal Members do not know each other unless they join the same VOrg as there is no public directory of Members and no searching by name or login.
The main rules defining rights of Members of your Organization are as follows:
- Each Member must have one of the roles available in the VOrg such as Master or Supervisor or Contributor or Subscriber or Supervisor-ABA
- Each Member can see the directory of Members for this VOrg, their contacts and roles
- Members can invite other individuals to join the VOrg
- Members having roles of Subscriber or Supervisor-ABA can invite other persons to join the VOrg having the role of Subscriber subject to approval of Master or Supervisor (i.e. it may be refused before the invitation is not sent to the invitee)
- Members can pay for the VOrg services or to VOrg deposit account
- Members having the roles of Contributor or Supervisor can subscribe for the VOrg services subjects to approval by the Master or Supervisor of this VOrg prior to its implementation
- Contributors or Supervisors or Supervisor-ABA cannot exclude other Members from their VOrg, but Masters and Supervisors can.
Both Master and Supervisor shall be responsible for proper management of their VOrgs and its usage of services including without limitation, its membership, beginning, extending and ending of service subscriptions, approvals or disapprovals or subscriptions and memberships by other members of VOrg, backups and upgrades, assignment of relevant rights for Masters and Supervisors and Supervisor-ABA as engine administrators ABA, ensuring ownership of organizational data and application objects, monitoring and enabling the availability of Services to their Organizations and relevant prompt management actions required in due course.
Master and Supervisor shall ensure that all users of each engine comply with this Agreement and any other applicable Additional Terms.
Your responsibilities as VOrg Master
Your responsibilities as Master are as follows:
- Setting new VOrg and providing its unique and complete identification
- Inviting some person to join your VOrg subject to condition of invitee acceptance of the invitation and his/her registration as Member of Portal to have own personal account
- Defining the role of the invitee as such as Master, Supervisor, Contributor or Subscriber or Supervisor-ABA
- Promoting and denoting and changing Member roles when necessary
- Cancellation of any Member participation in your Organization (delete a Member)
- Subscribing Organization for a service, making payments for subscriptions and using of the organizational deposit or cancelling some subscription
- Authorizing subscriptions and its cancellations made by other Members of your Organization having the roles of Contributors or Subscribers
- Monitoring and authorising all subscriptions and its extensions for the Organization including new engines, its administration, repair, upgrading, migration, restoring of backups for particular engines
- Authorizing invitations to other persons by Members of your Organization having the roles of Subscribers; the Contributors have default authorisation to invite other persons to join their organizations without approvals by Masters or Supervisors
- Ensuring your organization ownership rights for data and application object models implemented on the engines running in your organization including the right to be present and administer each engine running in the Organization as its Administrator (ABA)
- Authorizing transfer, merging, separation and closure of Organizations and their running services
- Authorizing publications on behalf of Organization such as advertisements, case studies, other public information
- Prompt responding to the communications with Portal Administration related to your VOrg
- VOrg Supervisor can exclude or downgrade own role and any other Member having roles of Contributor and Subscriber but cannot exclude another Supervisor or Master
- Exiting own Organization by own command under condition that he/she is not the only last Master in the organisation; An organization always shall have at least one Master
- Transferring your role as Master to another member of VOrg in case you decide to cancel your membership or personal account
As Master you agree that your VOrg can be closed and its data erased in case you are the only Master and you leave or stop responding to the Portal notifications about events related to your VOrg management. YOUR COPYRIGHTS FOR RELEVANT DATA AND OBJECT MODELS ARE ENSURED AS LONG AS YOUR VORG EXISTS AND ITS ENGINES HAVE REGULAR BACKUPS.
Relations of VOrg to legal entities
In case you define your VOrg under the name of existing legal entity you shall be aware regarding potential conflicts and legal issues that may arise if your VOrg documents are made available to some third parties e.g. invoices, your publications of case studies or advertisements, copyrights for applications, objects and data. As Master or Supervisor you are responsible for correct unique identification of your VOrgs and its relevance to existing legal entities and overall compliance to the terms of the TOS.
Ensuring VOrg data ownership rights
Masters or Supervisors are responsible for securing their VOrg access to uninterruptible services by managing Members activities and subscriptions for services and its implementation including approval of PharosN engine installations, upgrading and reinstallation in case of hardware or power failures. These operations are related to restoring object models and databases from their encrypted backups to particular engines in your Organization. The restoring requires authorisation by Master or Supervisor of the VOrg for all its engines or by Supervisor-ABA for a its engine. The relevant commands are available at their personal account at PharosN Portal. The backups cannot be restored to any hardware without the authorisation from the Master or Supervisor or Supervisor-ABA at Pharos Portal.
Owners or Managers of legal entities or teams collaborating in joint projects shall be have their authorised Masters managing respective VOrgs and its engines to control application data and models as well as ensure relevant copyrights.
Example: A company manager hired some consultant under temporary contract to help registering their company as VOrg, installing digital transformation engines and setting enterprise applications. As such operations require Master, the consultant was temporarily assigned as Master of company VOrg and Administrator of Business Applications (ABA) on new PharosN Engine subscribed. After the implementation the consultant left the company, moved to another country and become unavailable having his personal account login unknown to the company management. As result all important Master actions such as authorization of engine replacement and restoration of its backup on the new hardware in the company, extension of service subscriptions, etc. became impossible for the company management and important company application data lost. The reason was that these actions require authorization by Master or Supervisor of the VOrg but there is no one to provide it as the consultant had not invited anyone from the company management to become another Master for the relevant VOrg. Consequently the VOrg and it services are terminated automatically after certain time-out as it does not have operational Masters or Supervisors.
Conclusion: To avoid such situations the company owners and/or its management shall have direct presence as Masters of the newly set VOrg along with the consultant as of the moment of its initial definition.
Technical assistance in running your engine and application models and database: The ownership of application databases and relevant object models running on engines in your VOrg is controlled by Masters and Supervisors and Supervisor-ABAs in your VOrg by making subscriptions and data restore authorisation. At the same time the management of users and authorisation of their rights to access data at each engine are controlled by its ABAs.
The Provider undertakes special measures to secure VOrg data protection and empower its self-management. As result the Provider has principal technical limitations to support full restoration of these rights caused by the following:
- By default, each engine is generated automatically after the subscription and sends its unique login credentials only to (1) the Master or Supervisor who authorised the subscription in particular organisation and (2) the Subscriber for the engine. After the first login these two persons have to change their temporary passwords and become the first ABAs of the engine having the rights to add other users and assign their data access rights.
- The Provider does not have access to the engine unless the engine ABA administrator explicitly adds some provider representative as the engine user e.g. for providing the application support. Such access is subject to prior legal agreement between VOrg Masters and Portal Administration.
- There are several security and data ownership protection mechanisms embedded in the engine software and its connectivity to Portal which are activated automatically linking VOrg, its Members and each engine in this organization in a unique way.
- While the engine is running, it can be accessed only by those users which are authorised by its local ABA
- If the engine stops by some reason, its restoration fully depends on combination of the following conditions (1) availability of data backup which is always unique and encrypted and (2) authorization by its Master or Supervisor or Supervisor-ABA to restore the engine in the VOrg using this unique backup.
- Each engine backup is made automatically to locations defined by local engine administrators; it is encrypted by AES 256 accordingly to the standards ISO/IEC 18033-3 and has unique automatic password generated for corresponding VOrg, the engine and backup time. The password is not known to Provider or any other person including VOrg members and/or administrators ABA of each engine.
- The right to restore engine application data is controlled by the Masters and Supervisors of the VOrg securing the ownership of application data.
- The mechanisms block unauthorized restoring of the application data from the engine backups on any other engine or hardware engine or using third party software. At the same time it makes restoration of the application data impossible at any other engine outside the VOrg or any other location or hardware.
- The Provider can assist the VOrg Master and Supervisor to restore ownership and data copyright for their organization after the end of subscription for their engine only if (1) the backup file is available and (2) the ownership was documented in legally correct way accordingly to existing international laws and (3) there is official request by VOrg Master and related legal entity owners to Portal administration confirming coverage of relevant costs.
- The Master is a key person responsible for implementation of overall application data ownership control. In order to ensure secure management of engines in the VOrg, it is recommended for Masters and/or Supervisors to have the engine subscriptions continuously running along with implementation of regular application data backups.
Masters are responsible to keep the data about their VOrgs updated within 14 days of any change.
Inviting others to join your organization. No one can join your Organization without invitation by its Master or Supervisor or Contributor. For example if you are manager of some enterprise then after becoming Master of your VOrg you can invite other senior managers or employees to join it as Members of your VOrg in any of existing roles.
Your invitations are sent directly to your invitee from your Member Inbox to some external mail as standard message and, if accepted, the invitee becomes Member in your VOrg automatically in a role defined in your invitation message.
If a Member of your VOrg has role of “Subscriber” then his/her invitation to any person shall be first approved by you as Master or some Supervisor of your organization prior to its sending to this invitee. If approved, the invitation message is sent and, if the invitee accepts it, then he/she becomes Member in your Organization with the same role “Subscriber”.
In all these cases the Portal Membership and relevant personal account is required prior to joining your Organization.
You are responsible for choosing the persons to join your VOrg.
Inviting additional Supervisor(s). As VOrg Master you and its other Supervisors may invite and appoint additional Supervisors to your VOrg. Each new Supervisor shall be required to accept and agree to this TOS and any other applicable Additional Terms. You shall procure that all Supervisors read, agree to and comply with this Agreement and any other applicable Additional Terms, and You shall be responsible for any breach of the Terms by such Supervisors. Having your trust representatives as Masters and/or Supervisors and Members in your VOrg would help you to recover your access in case lose access to your Member account.
As Master you can exclude any other Member in any role from your organization at any time. Supervisors in your VOrg cannot exclude Masters or other Supervisors from your VOrg.
Restriction on sharing. It is prohibited for You to:
- Share own personal accounts with others Members or Non Members for accessing Portal as each account is provided individually to registered and indentified Members
- Share own Passwords that are being used for their individual access to Member accounts. You shall ensure that neither You nor Members of your organizations shall share the same Passwords.
- Shared use of contacts with other Members and Non-Members (e.g. use common public email address for a company) that may cause incorrect response to notifications, its loss, breach of security and privacy, etc.
Users of engines installed in your VOrg. Users of every engine running in your VOrg are defined and authorized locally by its Administrators of Business Applications (ABA).
There is no obligatory registration of such users as Members of Portal and they can use engine without Portal Membership. However users accessing Portal from their client software are supported by additional authentication and identification that allows additional smart information functions such as target information services by VOrg, notifications, news, learning, new applications, etc.
As VOrg Master or Supervisor you are responsible for communicating the TOS and Engine License Agreement to all users of each engine and for compliance to these Agreements during service implementation.
No Unsolicited Communications. Under no circumstances shall you send (or allow other Members of your VOrg, engine Administrators and its Users) unsolicited commercial communications using Portal instruments and services which are made available to you as Member of Portal. You shall not (and you shall ensure that your Administrators and/or Members shall not) send or procure the sending of any communications, including email messages on behalf of, or purporting to originate on behalf of, Provider. You agree that you will comply with all applicable laws concerning marketing, advertising, sending communications or similar activities, in connection with your use of any Provider services.
Lifecycle of your organization
The PharosN Portal implements the self-managed automated delivery of services to your VOrg as follows:
- Your VOrg has unique identification meaning that if one VOrg is closed and reopened again under the same definitions (name, locations, Master, etc) then it always become different by its identifier and technically be treated by Portal as a new one. It means that the data backups from the engines of closed VOrg cannot be restored in such VOrg.
- Any VOrg can have Members and Services only if it has at least one Master and the fees for service subscriptions are paid
- When you do not want to continue your Master responsibilities you shall invite someone acting as Master of your Organization prior to your exit
- If you discontinue implementing your Master management responsibilities by not attending your personal account at PharosN Portal and not responding to the Portal notifications about required Master actions for your VOrg such as approvals of Member activities, restoring engines and its application database from backups, deciding about subscriptions extension, etc by any reason, the Portal undertakes automatic procedures supporting existing Members of your Organization in implementation of their activities as follows:
- It sends invitation to the most active members to become Master of the VOrg and waits for their accepting of the invitation. If accepted then new Master replaces you in the Organization and it continues functioning until the services are used by the Members and users of particular engines and subscriptions are made and extended
- If there are no Members in the Organization or none of existing Members accepts invitation, then the Organization enters the ceasing period which provides you and its Members the last opportunity to secure access and secure your data and application objects. After the end of this period the Organization is closed and its application data is not recoverable even if its encrypted backup exists.
- If there are no Members in your Organization or no Subscriptions are available during 12 months since your last login into the Member area of Portal the Organization may be closed and deleted. This condition is not applied to your personal Organization having your name which is available for your activities during the whole period of your Membership.
By accepting the TOS you acknowledge your agreement and your acceptance of these rules and conditions.
Communications and interactions with VOrg members and Provider and
Your Inbox in Member area shall used for communications between you and Members of our VOrgs and Portal Administration. You agree to check your Portal Inbox regularity for messages related to membership activities and timely implementation of relevant actions.
Provider undertakes multiple technical measures and solutions to ensure highest possible level of security and data protection. However overall security and data protection depends on your actions and activities as well.
You shall undertake all necessary precautions to ensure the security of your Member ID, Password, email addresses and SMS and monitor relevant events in your personal account. If you suspect that any Password has been shared in breach of this Agreement or has become known to anyone other than the Member to whom the Password has been assigned, then you shall ensure that such password is immediately changed in order to protect your personal account and access to your VOrg.
The typing of the password shall be made on your personal devices which are under your control. The access to your Member account from public devices or devices which are used by any other user shall be avoided as it may cause assess to your account by third parties afterwards. You shall monitor log files and notifications regarding your timely access to Member area, content of your working sessions and actions of Members of your organizations for matching actual working sessions by time and place and content.
You as shall not respond to any unsolicited requests for your credit card details, passwords or other personal data about you and other Members which may be received to your contacts including various third party services such as email, SMS and post. The Provider and Portal Administration
1. Never request any financial or billing or private data or related to your membership and VirOrs in messages sent to any of your personal contacts including email or SMS or post, etc
2. Never answer to inquiries to provide information about Portal Members and their VirOrs to any third party EXEPT of the clear legal cases and rulings made in strict compliance to the European Union laws (http://ec.europa.eu/).
Neither Provider nor its officers, employees or Affiliates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss arising from or relating to any failure by You to comply with this paragraph and TOS in general.
While accessing the Portal you are responsible for implementing correct login procedure especially when using common browsers, checking the conformity of the official domain names to official Portal ones, avoiding use any other domain names in relation to PharosN services, checking such web sites SSL certificates, managing your personal information only in your Member area, not sharing personal information about Members of your Organization in public communications outside Portal as well as using reliable password managers to avoid typing password and checking domain names manually.
You shall use internal Portal communication Inbox in your collaboration with Members of your VOrgs for exchanging actual details of service implementation in your Organizations such as mentioning other Member names, their contacts and roles, engine names, its IP addresses and activation keys in order to keep such information unknown to spammers as much as possible. You shall avoid using external communication channels for exchanging of this information with other Members of your VOrgs. In all practical cases you may send your colleagues simple notification email message offering to access the details in your relevant message to their Member Inbox at Portal.
The non compliance to these terms is considered as breach of TOS and may result in possibility of third parties to access your Member area, account, service subscriptions and potentially cause loss of privacy, important data and applications and relevant copyrights damaging your business.
You may not Use Provider Services for any unlawful purpose. Without limiting the foregoing:
(a) Provider Services may not be used for any illegal purpose and may not be used in violation regulations of European Union and other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to do so in the country where you use the Products and Services.
(b) You may not use Provider Software Services if you are a citizen, national, or resident of any country to which the European Commission has prohibited or restricted export of such software. Each time you use Provider Software Services you represent, warrant, and covenant that: (1) You are not a citizen, national, or resident of, nor under the control of, any such country to which the European Commission has prohibited or restricted export; (2) You will not download or otherwise export or re-export the Provider Software, directly or indirectly, to the countries nor to citizens, nationals or residents of those countries; (3) You will neither Use nor allow the Provider Software to be Used for, any purposes prohibited by European Union laws, including, without limitation, for the development, design, manufacture or production of nuclear, chemical, or biological weapons of mass destruction; (4) The Provider Software will not be exported, directly, or indirectly, in violation of these laws, nor will the Provider Services be Used or any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
(c) You may not use Provider Software Services if you register under different name and other person identity. Each time you use Provider Software Services you represent, warrant, and covenant that your identity matches your existing official documents issued by the country in which registered your nationality and place of residence.
The Membership registration and use of services under different and fake names breach the Terms of Services and lead to the termination of this Agreement at any time and may cause relevant legal cases against individuals involved.
You acknowledge and agree that the Provider Services are not intended for use with any high risk or strict liability activity, including, without limitation, any real-time applications, robotics, air or space travel, technical building or structural design, power plant operation, life support or emergency medical operations or uses, and that Provider makes no warranty and shall have no liability arising from any Use of the Provider Services in any high risk or strict liability activities.
Provider has the right at any time to change, modify, add to, discontinue, or retire any Provider Product or Service and any aspect or feature of the Provider Services including, but not limited to, the software, hours of availability, equipment needed for access or Use or the availability of Provider Services on any particular device or communications service. Provider will provide notice of material changes to the Provider Services or changes to this Agreement by posting them to the Portal. Provider shall have no obligation to provide you with notice of any such changes in any other manner. It shall be your responsibility to check the Portal periodically to inform yourself of any such changes. From time to time, Provider may issue new releases, revisions, or enhancements to the Provider Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to Use the Provider Services being updated or upgraded, and you may Use them only in accordance with the then-current TOS and any additional license terms that may accompany them. Provider may automatically update Provider Services you have installed on your computer without your prior consent. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, Provider may, in its sole discretion, terminate your current license or continue to support your current Provider Services without the automatic update or replace your Provider Services with other Provider Services. If Provider terminates your current license on account of your failure or refusal to approve such fees, then Provider may refund, on a pro-rata basis based on the remaining term of the current license any fees related to the period during which your VOrg will not have access to your Provider Services. The refunding is made only for actual payments for services and to the legally validated accounts of relevant representative organizations. The refunding is not applied to the promotional or payment certificates provided to VOrg by the Portal administration.
If Provider updates the Provider Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Provider Products and Services. These TOS (including any documents incorporated by reference) constitute the entirety of the Agreement between us as Provider of services and you as Customer concerning the subject matters discussed herein. This Agreement supersedes any prior written or oral representations, understandings, or agreements, and may not be modified except by the posting of changes to Portal as provided in this Section. No written or oral statement, understanding, representation, or alleged agreement made outside the TOS posted at Portal by Provider may be used to modify, interpret, add to, supersede, or construe the terms of this Agreement, except by means of a written agreement signed by a responsible officer of the Provider.
Scope of License. Provider grants you a non-exclusive, non-transferable limited and revocable license exercisable solely during the term of this Agreement, to use applicable Portal services, information, Member instruments presented in personal account area of each Member and other related sites of the Provider solely for the purpose of accessing and using the Services. Your license for access to Portal Services and the tools provided for Members is valid only after your proper and correct registration presenting your actual name and your location and your organizations. You shall have no right to use the PharosN Portal and its services for any purpose other than the ones described in this Agreement and corresponding Additional Agreements for each particular service. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Provider technology if such reverse engineering, decompilation, or disassembly is intended to create, or will be used in, a competitive product.
You acknowledge and agree that Provider trademarks, trade names, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of the Provider, as mentioned in this agreement.
You may not sub-license, or charge others to Use or access the Provider Services and you may not redistribute the Provider Services or provide others with access to or Use of them, unless you have entered into a separate Partner Agreement or other agreement with Provider that expressly authorizes you to engage in this activity. Without limiting the forgoing, you will not permit others to Use the Provider Services to access or decrypt data stored on engines registered in your Organizations and provided by Provider or Provider Affiliates; you will not use or permit others to use the Provider Services to decrypt data encrypted by others; and you will not Use or permit others to Use the Provider Services to provide encryption or decryption services to others, whether or not such services are compensated.
You agree to comply to separate Additional License Agreements and Policies which may be required for some of the Services and which shall be checked prior to its subscribing, copying and use. If certain instances of specific Services may be subjected to regulation of Additional License Agreements or Policies, which create any discrepancies between Additional Policies and these TOS, then Additional Policies shall prevail.
All subscriptions to services are available on a fee prepay basis covered by payments from your personal accounts or by your VOrg deposit or by payment certificates of the Provider. You are responsible for keeping reasonable amount at your VOrg deposit that is necessary for covering the extension of subscription fees for your services and having it running uninterrupted in case you may need it this way.
The adding necessary amount to your VOrg deposit is implemented by transactions supported by independent authorised international payment providers. The Provider receives only confirmation of successful or unsuccessful transaction from the payment provider which does not have data about credit cards, bank account, etc. Provider does not collect and does not store any financial information about you and your financial sources. It is your responsibility to select and use particular payment provider and implement necessary transactions for your VOrg deposit when you consider it necessary.
Introductory evaluation subscriptions. Some subscriptions for services may be provided to your VOrg under prepaid certificates issued by the Provider for example to your first VOrg. The payment certificates may cover subscriptions for complete set of services including main software products such as engine and several clients with model builder instruments and sample enterprise model and report with the purpose to allow you quick learning and understanding how you can apply the Services to your business tasks and develop your own applications.
You agree that Provider may limit issuing prepaid certificates accordingly to its business policies. In case you cancel your subscription which used such prepayment certificate the relevant amount is not refundable and not applicable to any other subscription.
Subscription extension and renewals.
You agree that Provider assist you in possibility for automatic extension of your VOrg subscriptions only if
- You permit it as Master or Supervisor or Supervisor-ABA by making the setting “ON” for relevant parameter “Autorenewal” in “My Subscriptions” in your personal area for particular service subscription
- You keep sufficient amount at your VOrg deposit to allow covering the fees for extension of services at the end of the previous subscription period
If you used prepaid promotional certificate by Provider to access the Services for free period and then decided to extend it by payment of subscription fees then you acknowledge that the Services are useful for your business.
The Provider would send you notice to renew your license for continuing use of Services upon its expiration if there is no permit for automatic renewal or VOrg deposit amount is not sufficient to cover the new subscription fee. Provider may terminate your license after the end of service subscription if you do not renew your license manually and cover the relevant fees.
You agree to keep regular checking of your Portal Inbox in personal Member area of as well as email contacts provided in your personal profile and SMS contacts to receive the Provider notifications promptly.
Cancellations and Renewals. You may cancel your subscriptions to services in the following ways:
- Cancel a next renewal of running service by removing (checking out) the Autorenew checkbox in your personal member area My Subscriptions and ceasing use of particular Services which allow auto renewals
- By not extending service manually after the end of its running period
- By making “Cancel Subscription” command in your personal member area section named “My Subscriptions” for particular Services.
You agree and acknowledge that the cancellations are subject to the following conditions:
- You can cancel service subscription in your VOrg only if you are Master or Supervisor of this VOrg
- In case there are other Masters or Supervisors in the Supervisor group for this organization the cancellation of the subscription comes into force upon approval of all other Masters and Supervisors of VOrg and Supervisor-ABA of relevant engine. This condition secures interests of VOrg Members and relevant Engine users who use the Services in case of differences between opinions regarding the subscription for Services.
- In case you are VOrg Member and you make and pay subscription fee that has to be authorized by Master or Supervisor of this VOrg, you agree that (1) your action is aimed at covering the subscription fees for selected service to the VOrg and (2) you transfer all rights for the service management Masters and Supervisors of the VOrg and (3) therefore you cannot cancel the service afterwards if your role is Contributor or Subscriber.
- If you made the subscription by using Payment Certificate by Provider then the amount is not refundable.
You acknowledge and agree that if you do elect to cancel any of your PharosN engine license within this specified period after a change in the TOS, or if you cancel your license or fail to renew an expired or terminated license for any reason, it may cause deleting relevant information about the Services and result in possible loss of your data stored in engine application databases, the engine backups and related applications developed by you and your colleagues during previous service subscriptions’ periods.
The cancellation is subject to other conditions as described in the section “Termination” below and is legally binding and ceases all depending services and come into force as of beginning of next day Central European Time.
VOrg termination. After the termination command is issued, all subscriptions which may be assigned to VOrg such as engines, clients, application objects are cancelled and the organizational data and applications which existed on such engines are deleted. If You choose to terminate your VOrg having subscriptions for the engines then you acknowledge that all its data and application models developed through your Use of Provider Services for this VOrg, including without limitation, the Data required for running its engines and implementation of your Master functions for managing the VOrg and its services and data in respect to your VOrg (including subscription history and membership history) will no longer be accessible to You, and cannot be restored.
Once Organization is deleted, neither its members, nor the engines and its databases and applications previously associated with these engines, can be retrieved by its former members even if there are relevant backup files available. If you set new VOrg after deleting the previous one, all subscriptions and data from the deleted organization cannot be restored in this new VOrg as it would have another unique identifier. You are able to merge two VOrgs in one.
By accepting the terms of this TOS you confirm understanding and agreement with irreversible consequences of your decision to close your Organization if it has running engines and databases and applications.
The payment for any service subscription is made from your financial sources into VOrg deposit. You agree (i) to make payments to your VOrg deposit accounts with the only purpose of covering its the service subscription fees including its automatic extension and (ii) to keep the amounts of such payments at necessary minimum.
You will be automatically notified (see Section Communications) in case the amount at your personal deposit is not sufficient to make subscription or extend your running subscriptions which you commanded as “Extend automatically”.
Although the Provider reserves the right to change service fees at any time, each subscription fee that already paid, guarantees the availability of service for the relevant subscription period. All invoices for service subscriptions are made accordingly to the current information provided for VOrg profile. It can be checked and corrected before making payment. The invoice content cannot be changed after the payment. It is your responsibility to make all necessary checks and corrections prior to payment for service subscription or its automatic extension.
You acknowledge and agree that Provider uses external, independent and internationally registered Payment Providers for receiving payments to your VOrg deposit account. The Provider and the Portal do not ask for and do not collect and do not keep any data about your credit cards and financial accounts. It is your responsibility to keep sufficient amount at your VOrg account deposit for covering optional fees for Service subscriptions your Members make including its automatic extension.
Refunding in case of service subscription cancellation
Due to complexity of payment options the subscription fee for Services can be refunded after cancellation of the subscription under the following conditions:
The refunding amount is calculated in proportion to the time during which the service are not consumed
The time interval starts from the beginning of the next month
The date of cancellation is the day when all Masters and Supervisors in your VOrg agreed regarding cancellation
The rest amount is refunded only to the same VOrg member who actually made payment for the subscription and to his/her financial payment provider that was used in the relevant transaction
- You are not refunded if you break TOS and have all services ceased.
In case the payment provider does not accept the refunding it can be alternatively made to the bank account of the legal entity which set the VOrg. The relevant procedure requires the receipt of official signed inquiry from such entity to the Provider and coverage of additional processing costs.
Extended free trials supporting your consumer rights
Provider supports implementation of Consumer Protection Laws and Policies by issuing prepaid certificates covering extended free evaluation periods for your first organization which you establish as Portal Member. In case you decide to extend the subscription after such introductory free evaluation period by purchasing a license after such initial introductory period, you acknowledge that you are aware and agreed and used the opportunity to "try before you buy" provided to you by Provider by prepaid certificates issued for your new organization for free use of Services for its evaluation period prior to such purchasing of service and that you had learned, tried and found the service useful and suitable for your private and business needs. In all such cases of your subscription extension and new subscriptions for the same services there is no refunding.
In addition all promotional trial subscriptions are final and not subject to a refund.
Value Added Tax (VAT)
VAT is a tax on consumer spending within the territory of European Union Member State. VAT is not included in prices displayed on Provider site. When applicable accordingly to current EU regulations for digital products, VAT is charged separately and will be itemized on invoices and billing information.
Who may be charged VAT. Provider is required to comply with the European VAT regulations and charge VAT for digital e-services to customers located in the E.U. categorized as Business users in the E.U. may be required to self-account for VAT under EC Directive 2006/112, Art 196 and new rules on the place of supply as of 1 January 2015.
NOTE: If you are not familiar with the VAT self-accounting rules in your country, please contact your accountant or professional adviser for more information and review relevant sections on official site “European Commission Taxation and Customs Union” or relevant sources of information in your country.
The invoices for Provider Services are prepared automatically upon payment for service subscription by a Member of VOrg. The information about the VOrg is presented in the invoice as it was entered by you or some other VOrg Master. The invoice is issued for actual amounts paid prior to the access to services.
Your must notify us about any problems or discrepancies related to payment transaction from your payment provider account to your deposit account at Portal within seven (7) days after they first appear. Provider does not have any information about your bank accounts or credit cards or any other payment services you may use except confirmation about payment receipt or its failure from the payment provider. Prior to sending to us any notifications of problems you shall clear all issues related to the payment directly with your payment provider which you used for sending amount to VOrg deposit account at Portal and have all details of the problem. The notification shall be sent to us by using Feedback form (same as Provider Contact) indicated in Section “Member Feedback” and selecting relevant category.
If you do not bring such problems or discrepancies to our attention within that seven (7) days period, you agree that you waive the right to dispute such problems or discrepancies.
You agree that you shall be bound by these TOS as of your first registering as Portal Member until the later of the dates you keep your Portal Membership. When you subscribe to particular Provider Services and install and run the services you agree to be bound by additional License Agreements which may exist for each Service.
The Provider may send you notices requesting your Membership actions when necessary in case there are long time intervals when you do not login into your Member area and/or do not implement such actions as required by your roles of Master or Supervisor or Contributor or Subscriber or Supervisor-ABA in your organizations accordingly to the TOS. In case of long non-activity periods and absence of response to such notices from you, the Provider has rights to cease your Membership, your services and assign it to other Members in your Organization including transfer of your relevant role to other Members in your organization and remove your VOrg if there are no Members and activities and erase all personal data.
Provider may, in its sole discretion, transfer or assign all or any part of its rights in the Provider Software, the Provider Services, and any license or contract related thereto, and may delegate all or any portion of its duties, if any, under any such Provider Services, licenses, or other contracts.
You may not sell, assign, grant a security interest in or otherwise transfer any right in the Provider Services, nor incorporate them (or any portion of them) into another product or service, nor copy the Provider Services unless you have special legally binding agreement with the Provider. You may not translate reverse-engineer or reverse-compile or decompile, disassemble, make derivative works from, or otherwise attempt to discover any source code in the Provider Software or decrypt any files related to the Products and Software. You may not modify the Provider Software or use it in any way not expressly authorized by these TOS. You may not obtain the communications protocol for accessing the Provider Products. You may not authorize or assist any third party to do any of the foregoing.
The software services which you subscribe to are implemented automatically by special protected communication protocols between Portal and your engine. It allows automated installation of your services after subscription, monitoring of implementation and quality of services, regular updating of the software features and security, implementation of your ownership rights for application data and your management activities as Master or Supervisor.
Provider may in its sole discretion implement automatic updates and automatic installation of PharosN software services accordingly to the licenses for these Products and Services and your running subscriptions. These automatic updates and installations may not be consistent across all platforms and computers and hosting options; and the performance and features offered by Provider may vary depending on your computer and other equipment.
You agree that your version of the Provider Software realizing the Services is automatically checked and updated by the special protocols of secure communications between Portal and your computers running Engine subscriptions. You agree to accept and comply to the condition that the engine license include automatic checking of available software updates and validation of authorized subscription services by implementing regular Internet connection of the engines installed in your VOrg to the Portal for the time interval required for such operations which run during the minimum engine workload time that is at night by default.
You agree to take no action to interfere with such automatic updates and installations, scanning, and related activities and services. If you shut down your computer or the Provider Software during an automatic update or installation or otherwise interfere with such installation, the software may be damaged and/or cease to operate and application data lost and may result in additional reinstallation and extended non-operational time and costs which have to be covered by you.
Your acknowledge and agree herewith that Provider and its specialists and Partners
- Do not access to your engine data and application objects and protected archives running by your engines during these automatic software updates
- Do not have any technical means for copying your database and / or application objects to PharosN Portal or to any other place using the communication protocols for the software updating
It is your responsibility to implement secure and protected management of your application database and object models by its regular encrypted backups and restoring procedures in case of engine failures or migration to other engine hardware for each engine installed in your Organization.
The Provider may offer additional services to customers requiring monitoring the content of the communication between Portal and their running engines.
End-of-life (EOL) policy today
The date of release of updated version of the software is the beginning time for replacement of the current version with its update. The end of life for the current version is 30 days after this date.
Accordingly to the PharosN engine license you shall ensure daily Internet connectivity of your engine with Portal that allows prompt updating. In case of connectivity problems such updating connection shall be realized at least Once a Week to ensure compliance to License Agreement terms. If there is no connection between your engine and Portal for period of more than EOL, the Provider may terminate your License and implementation of Services unless particular case of Force Majore.
Engine backup service saves your data and application objects to your engine backup file automatically after you define the location of the backup file. It scans for changes or additions to your database and then periodically creates an encrypted copy of a modified or newly designated database file. The encryption is made with most comprehensive methods currently available in information technology such as AES 256 accordingly the standard ISO/IEC 18033-3 and with automatically generated unique password at the moment of backup having unique combination of your subscription attributes, identifier of your VOrg, etc. After such encryption the backup file can be stored in any save place which you consider appropriate including cloud storage, local engine or flash.
This backup can be restored only in your VOrg and on the engine where it was created and only after approval of such request by the Master or Supervisor of your organization or Supervisor-ABA of this engine. No one in your VOrg neither Users of Engine including its Administrators nor Portal Administration would know the Password for restoring of the backup.
Restoring such backup to any computer while having the backup file means technically having implemented the combination of the following conditions:
- Your VOrg which had the engine service subscription exists having its unique ID
- Your service subscription for the engine shall be valid and the engine running (or restored after some hardware failure or upgrade)
- The engine shall be connected to Internet during the restoring of the backup
- The Master or Supervisor of the VOrg or Supervisor-ABA of the engine shall approve the restoration of the backup at your specific engine in their personal Member area at PharosN Portal prior to its restoring
- The device having backup file shall be accessible by the engine during the restoring procedure i.e. at local hard disk or remote network storage, etc.
- You shall have ABA rights on your engine
You or any other person shall not be able to restore from the backup file if
- It was created without valid running service subscription
- The target engine to which you want to restore data does not have running service subscription
- Restoring is attempted to an engine which is not registered at the Portal in your Organization
- There is no Internet connection between engine and PharosN Portal
- The restoring to the engine has not been approved by Master or Supervisor in your Organization or Supervisor-ABA prior for restoring on particular engine
- The backup procedure was not completed successfully
- The backup file name and / or size and / or content was modified or changed.
You are responsible for local implementation of the engine backup by the following:
- Ensuring that Administrators of each engine have automatic backup settings “ON”
- Selecting and providing necessary backup device or service for saving backup file (e.g. to the local hard disk connected to the engine or to network computer, etc)
- Monitoring and ensuring availability of space which is required for keeping the backup file stored safely without errors
- Checking and implementing the restoring procedure from time to time to ensure your capacity for its prompt implementing if required
- Informing Provider by Feedback from your Member area about any technical problems which may occur during your backup and restoring procedures.
You are informed and agree that Provider does not access to and does not maintain any copy of your data and cannot assist you in its restoring on any of your engines unless you comply to all these conditions. If your license to use Provider Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, Provider may, without notice, deny you restoring any of your Backup Data in some other organizations and its newly subscribed engines.
You agree that if
- You stop making backup files assigned by default your data is no longer be backed-up,
- You delete a file from your storage,
- You change file name or edit its content,
- Your subscription for engine which produce backups ended or stopped
- The Master or Supervisor of your Organization where you are Member does not agree to approve restoring of the data on the particular engine of VOrg
- The VOrg which had your engine was closed
- You ended your Membership and/or closed Organization however opened it again later
- Your engine does not have access to its backup device when it runs backup
- Your backup file storage is not accessible during your restoration attempt
- You terminate or allow your license to terminate, non-renew, or otherwise lapse for any reason
that the backup files you have marked, deleted, moved or stored on a deleted, inaccessible, or unlicensed computer cannot be restored should you wish to restore them.
You agree that Provider and Provider Affiliates does not retain and have no obligation to retain your Backup Data (unless available as service and having you subscribed to it). Immediately after your trial or license has been terminated, expired, or otherwise lapsed, you shall use the opportunity to extend such subscription license to keep access to your data, applications and its backup running.
You agree that Provider does not have services and technical means to restore your encrypted backups in case your account was terminated and then you make a new account as such backups are managed by Masters and Supervisors of each VOrg in unique way and after such VOrg is ceased, its engine databases cannot be restored.
Provider may, in its sole discretion, provide customer support or service to you. This service may be available only on selected days and during a limited number of hours. Service may also only be made available through certain delivery modalities such as email and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services, Provider may employ a variety of tools to aid in the process of resolving your issues as a user. You grant Provider the right to use these tools and hold Provider harmless for the use of these tools as well as the guidance provided by its customer support staff who, you acknowledge, cannot be fully aware of all of the complexities associated with the Provider Services, your engine, or all of the related or associated infrastructure that may affect the performance of your systems or the encryption and backup of your files.
You agree and understand that certain programs, files, information or data you restore may require that you have access to VOrg on Portal, license keys and rights that Provider may not have and that you will retain any needed copies of such information. You agree and understand that your data, objects and applications will require special configuration of the service components such as software and hardware in order to access data restored from your Provider Services and that Provider has no obligation to assist, and may not be able to assist, you with such configurations.
Quality of Services
The Provider will use reasonable endeavours to provide the Services with minimum disruptions. However, the Provider cannot guarantee that the Services will always function without disruptions, delay or other imperfections. Since the Provider services implemented by using various communication lines and providers supporting Internet availability in countries, local Wi-Fi networks in your organizations and third party communication services by your mobile operators and emails to your mail-boxes there may be power outages or internet service disruption and message losses due to technical or other reasons including anti-spam filters, you may experience some disruptions and delay which will interfere with the quality of Your services
You may access Provider Services only through the interfaces and protocols and applications provided or authorized by Provider on Portal. You agree that you will not access Provider Services through unauthorized means, such as unlicensed software clients. In particular Provider uses various with components which are licensed from third parties subject to the terms and conditions of “open source” software licenses (“Open Source Software”) Open Source that are integrated into PharosN software to provide necessary functionalities, performance, quality and reliability of the products and services. Open Source Software may be identified in the Documentation, or in a list of the Open Source Software provided to you upon written request. To the extent required by the license that accompanies the Open Source Software, the terms of such license will apply to the terms of this TOS with respect to such Open Source Software, including, without limitation, any provisions governing access to source code, modification or reverse engineering. You agree to use the products and services as provided and running on dedicated operating environment accordingly to Provider settings and instructions including disabled root password and authentication for SSH and locked down user accounts, backup only certain types of files. You agree not to circumvent these limitations in any way, including but not limited to, changing file names and extensions or header information.
Technical improvement and maintenance: The Provider may change technical solutions for services in order to keep pace with the latest demands and technological developments or to comply with any Applicable Laws. The Provider may also have to repair, improve, and/or upgrade the Services and this may require us to restrict, limit, suspend, interfere and/or interrupt the Services at any time in our sole discretion.
Connectivity requirements for services: You are aware and agree that the Licenses for Provider Services and implementation of Services technically require use Internet connection between your Member area at PharosN Portal and your PharosN engine if running on local engine and Services installed on your engine. If your Internet connection to your Pharos Navigator engine may not be available continuously, it shall be made available daily or preferably at night when engine has minimum workload. The Agreement requires that your engine shall be having daily connection to Portal during the time interval sufficient for updating of the software services and maintenance of the software otherwise. If the connection not implemented at least once per week it is considered as violation of the TOS and may cause termination of Agreement and Services.
You are responsible for ensuring conditions of such minimum connectivity frequency and duration and prompt actions to ensure the connectivity if the software updating and maintenance were not implemented successfully. Without limiting the foregoing, you must pay all charges, taxes, and other costs and fees related to obtaining your own reliable Internet access and any communications or other charges incurred by you to access Provider Services.
Provider may implement optional offline updating procedures for customer engines which are installed in house without direct access to Internet. In each such case the engine administrators shall implement updating procedures manually by using additional software components provided by the Provider and installed on intermediary computer to download and store the update, connect it to the engine, run the update, save resulting confirmation data to storage device and connect it to Internet for PharosN Portal uploading. The request for such support services and utilities shall be sent to Portal Administration by Master or Supervisor of relevant VOrg and subject to additional costs of service implementation.
You acknowledge that your personal data which you provide during your Membership and which is saved in the PharosN Portal may be
- Shared with organizations or individuals if there is a good-faith belief that access, use, preservation or disclosure of the information is requested by official organizations under applicable law, legal process or enforceable governmental request accordingly to European Union legislation
- Used to enforce applicable TOS, including investigation of potential violations, detect, prevent, or otherwise address fraud, security or technical issues protect against harm to the rights, property or safety of the Provider of Services, our users or the public as required or permitted by law.
Provider may share aggregated, non-personally identifiable information about Membership publicly and with our partners like publishers, advertisers or connected sites. For example, we may share information publicly to show trends and statistics about the general use of our services, its applications, branches of industries, geographic distribution, etc.
Personal Data. You shall inform each engine User that you as Master or Supervisor of ABA administrator may obtain their personally identifiable information about their access to PharosN Portal and engine and use of their client software. The information can be used for validation of User association to particular engine and VOrg as well as for compliances to Agreement. You acknowledge and agree that you shall process (and shall ensure that Your ABA shall process) such personally identifiable information in accordance with all applicable data protection laws. You represent and warrant keeping all such personal and traffic data confidential and use and protecting it strictly in compliance with applicable data protection laws.
Requirements for Registration or Use of Provider Products. Provider’s Services are intended and offered only for lawful use by individuals or organizations with the legal capacity and authority under applicable law to enter into a contract for such Services. Provider does not offer Services to minors or where prohibited by law. By registering for and/or by using Provider Services, you represent and warrant that you have the legal capacity and authority to enter into a binding agreement to adhere to the TOS and that you will use Services only in accordance with these TOS and with all applicable laws.
If a Member uses Services that are provided by any third party as Provider partner including any person, entity or organization, the Member using the Provider Services, by virtue of such use, agrees that any information the Member provides to Provider (including but not limited to the individual's Personal Information) will be accessible to, and may be viewed, changed, or deleted by the person, entity or organization that provided the Provider Services to the individual.
You agree to provide accurate and complete information when you register for a Portal Membership and Provider Service and you agree to keep such information accurate and complete during the entire time that you keep such Membership and use Provider Services. You understand that your account is self-managed and no one may validate your credentials to restore access to your account in case information provided by you during and after such registration is incorrect or erroneous.
The Portal may ask you from time to time for acknowledgement of your user name or password while accessing your Member area or using the Provider Services and use various technologies to verify and validate it. You are solely responsible for
- Checking the Provider domain name pharosnavigator.com, pharosnavigator.biz, pharosnavigator.info and win2biz.com in such inquiries
- Any consequences arising in whole or in part out of your failure to keep your information about you and your associated Organizations updated and maintain the confidentiality of your username and/or password to access your personal accounts at PharosN portal and PharosN engines.
- Monitoring your activity in section “History” of your personal account area and set your contacts for sending notifications regarding any change of your personal profile and organizations and services.
Protection of your data. The Provider does not have public directory of Members of Portal and their registered Organizations and does not provide this information to any third party. You are solely responsible for protecting the information about your Membership, roles in your organizations, your selection of service subscriptions, including publications of your advertisements and its implementation on particular computer operating environment.
Data exchange between Engine and Portal during updating and servicing. Provider automatically inspects PharosN software configuration during communicating sessions between your Engine and Portal including version ID, service ID, subscription status, installed component services and related information on quality of services in order to confirm that each system component is properly represented and valid.
Due Authority. Each party represents and warrants that it has the legal power and authority to enter into this Agreement, and that, if you represent legal entity, this Agreement and each Order is entered into by an employee or agent of such party with all necessary authority to bind such party to the terms and conditions of this Agreement. You are responsible for maintaining the confidentiality of your member number and/or password as correctness your personal information including contacts used for your access verification. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
Warranties and disclaimers except as expressly provided otherwise in written agreement between you and the Provider.
WARRANTY DISCLAIMER. ALL PRODUCTS ARE PROVIDED “AS IS,” AND PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. PROVIDER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF PROVIDER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PROVIDER NOR ANY OF ITS THIRD PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY PRODUCTS OR ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY PRODUCTS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE; (B) THE PRODUCTS WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE PRODUCTS (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ANY STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR ANY ENGINE(S) THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DISCLAIMER OF OTHER WARRANTIES. No oral or written statement, information or advice given by Provider, its Affiliates, or their respective employees, partners, dealers, or agents shall create any warranties in addition to those express warranties set forth in this Section.
Limitation of Liability
With respect to defects or deficiencies in the Provider Services, the liability of Provider and Provider Affiliates will be limited to performance of its responsibilities under Section “Warranties”.
With respect to other breaches of contract, the liability of Provider and Provider Affiliates shall be limited and in no event will such liability exceed the total amount received by Provider from you under these TOS as service fee for your current Subscription Period.
NEITHER PARTY’S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO US FOR PRODUCTS AND SUPPORT AND MAINTENANCE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, OUR AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS SHALL BE 1 EURO. THIS SECTION (LIMITATION OF LIABILITY) SHALL NOT APPLY TO (1) AMOUNTS OWED BY YOU UNDER ANY ORDERS, (2) EITHER PARTY’S EXPRESS INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, OR (3) YOUR BREACH OF SECTION “RESTRICTIONS” OR SECTION “COMBINING THE PRODUCTS WITH OPEN SOURCE SOFTWARE OF THIRD PARTY CODE IN PROVIDER PRODUCTS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO SUPPLIERS OF ANY THIRD PARTY COMPONENTS INCLUDED IN THE PRODUCTS WILL BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER. The parties agree that the limitations specified in this Section “Limitation of Liability” will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.
IN ADDITION, YOU UNDERSTAND THAT THE SERVICES ARE NOT DESIGNED OR INTENDED TO BE FAIL-SAFE, OR COMPLYING WITH YOUR REAL-TIME REQUIREMENTS OR BE USED AS CRITICAL COMPONENTS IN LIFE-SUPPORT OR SAFETY DEVICES OR SYSTEMS, OR ANY OTHER MISSION CRITICAL APPLICATION THAT INVOKES THE POTENTIAL RISKS OF DEATH, PERSONAL INJURY OR SEVERE PROPERTY OR ENVIRONMENTAL DAMAGE (INDIVIDUALLY AND COLLECTIVELY, "CRITICAL APPLICATIONS"). ANY USE OF THE SERVICES WITH RESPECT TO SUCH CRITICAL APPLICATIONS IS FULLY AT YOUR OWN RISK, IN PARTICULAR, WITH RESPECT TO AUTOMOTIVE, ROBOTICS, AEROSPACE / DEFENSE, AVIONICS, MEDICAL DEVICES OR PRODUCTS, HEALTHCARE APPLICATIONS, SUBJECT TO APPLICABLE LAWS AND REGULATIONS GOVERNING LIMITATIONS ON PRODUCT LIABILITY.
Neither Provider nor any Provider Affiliate assumes any liability to any party other than you arising out of your Use or inability to Use the Provider Services. The limitations of damages set forth above are fundamental elements of the bargain between Provider and you. Provider would not be able to provide the Provider Services to you without such limitations.
This Site contains links to third-party Web sites that are not under the control of the Provider. The Provider makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non-the Provider Web site, you do so at your own risk and the Provider is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. The Provider provides these links merely as a convenience and the inclusion of such links does not imply that the Provider endorses or accepts any responsibility for the content or uses of such Web sites. This Site can be accessed from other countries around the world and may contain references to the Provider services and programs that have not been announced in your country. These references do not imply that the Provider intends to announce such services or programs in your country.
Certain Services offered on this Portal and its Sites accommodate or require user-supplied information, materials or communications (collectively, 'User Content').
The Provider reserves the right, in its sole discretion, to delete or remove your Member Content from the Portal or its Sites and to restrict, suspend or terminate your access to all or part of this Portal, at any time for any reason without prior notice or liability.
The Provider may establish general practices and limits on your use of any Service, including, but not limited to, on number of your organizations, number of services, retention time of your advertisements, its content. The Provider shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any service.
The Provider may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards or other user forums, and (ii) the substance of any User Content.
To the maximum extent permitted by law, the Provider will have no liability related to Member Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. the Provider also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any Member Content.
Depending upon the nature of the Service, by submitting User Content to this Site you grant the Provider one of the following two types of licenses:
1. For Member Content that is the result of your publications, such as advertisements, pictures, presentations and case studies related to work you have done using the Provider products, you hereby grant the Provider a worldwide, royalty-free, non-exclusive license to reproduce and modify (for purposes of formatting, maintenance or Site administration only) such Member Content. You also grant the Provider the right to distribute and publicly display and perform such Member Content for the purpose for which such Member Content was submitted to the Service such as Discovery. This license will be in effect until such Member Content is removed from the Site.
2. For Member Content such as public comments to the Community Forums, bug reports, piracy reports or product suggestions, you grant the Provider an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Member Content, and you also agree that the Provider is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
However, the Provider will not release your name or otherwise publicize the fact that you submitted such Member Content to us unless: (a) we first notify you that the Member Content you submit to a particular part of the Portal or its Sites will be published or otherwise used with your name on it; or (b) we are required to do so by law.
PROHIBITED COMMUNICATIONS you may only submit to the Site, Member Content that is (a) owned by you, or (b) submitted with the express permission of the owner, or (c) in the public domain.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may be considered as violation of the TOS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PROVIDER, PROVIDER AFFILIATES AND PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE PROVIDER SERVICES AND/OR YOUR VIOLATION OF ANY TERM OF THESE TERMS AND CONDITIONS OF SERVICE USE. Should you bear financial responsibility for payment to Provider for Provider Services or have otherwise made payment for Provider Services, you agree to indemnify any Users of Provider Services that you have paid for with respect to any and all matters. If you are a beneficiary of another party having paid for said Provider Services, whether or not the paying party(s) is a user of Provider Products and Services, your sole source of recourse, for any and all claims, is to the party that bears financial responsibility to Provider for Provider Products and Services. PROVIDER RESERVES THE RIGHT, AT ITS OWN EXPENSE AND IN ITS SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, AND ONLY IN SUCH EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE A DEFENSE FOR PROVIDER IN THAT MATTER. If Provider chooses to provide its own defence in connection with any matter subject to indemnification under these Terms and Conditions of Service Use, you shall participate and cooperate in the defence of Provider and Provider Affiliates, at your own expense, to the full extent requested by Provider.
All trademarks, service marks or other similar items appearing on the Provider Products or Service are the property of their respective owners, including, without limitation, the Provider. The Provider Services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the Provider Services and shall remain with Provider and its licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner with Provider’s or its licensor's ownership of or rights with respect to the Provider Services.
Except as expressly provided herein, Provider and its Partners do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Services. Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Provider.
You may not remove any copyright or other proprietary notices contained in the documents and information. The Provider reserves the right to revoke the authorization to copy, view, download and print the documents and information available on this Site at any time, and any such use shall be discontinued immediately upon written notice from the Provider.
The rights granted to you constitute a license and not a transfer of title.
As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites hosted by Provider:
support (at-sign) win2biz.com
If you believe content hosted by Provider infringes a copyright, please provide the following information to the Provider identified above: (i) A physical or electronic signature of the copyright owner or authorized agent; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address); (v) A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All conflicts and claims issues related to the use of Services are considered only upon availability of legally correct TOS by users which had been registered as users presentation of the responsibility for accuracy and validity of such registration is beard by the registrants. The provider stores and uses the records of registration as it was made by registrants and is not legally bound for any possible inaccuracy errors, mistakes in registrations or fake registrations.
Acceptance of Claims. All claims of legal entities to the Provider regarding the Services are accepted for consideration only in case of correspondence between documents of such legal entity issued in the country of entity registration and data about such entity provided by relevant Member of the Portal during the registration of the entity and store in the portal and the date of the last use of the Portal services, confirming compliance to this TOS.
Arbitration claims by existing legal entity in some country regarding an authorized use of its identity by some Member of Portal shall be settled directly between the representatives of legal entity and Member of Portal accordingly to the law of the country of legal entity residence. The Provider shall not be involved in such resolution as it cannot validate and cannot support any side in such disputes.
Arbitration of International Disputes. Notwithstanding the provisions of Subsection (Arbitration of Domestic Disputes), any dispute arising under this Agreement that involves a dispute between Provider and a person, shall, at either party's request, be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules, with such arbitration to be conducted in a country of European Union or such other place as the parties to such arbitration may agree.
Exceptions to Agreement to Arbitrate. Disputes pertaining to i) export controls, ii) unlawful Use of the Provider Services, or iii) the scope, applicability, or compliance with governmental or court-ordered access to or limits on use of Member Data, shall not be resolved by arbitration, but shall instead by resolved by reference to a judicial or administrative body with jurisdiction over the dispute.
Costs of Arbitration. The administrative expenses, arbitrator fees, and facility charges associated with the arbitration shall be split equally between the parties; provided that, in cases involving Consumer Licensees, the Consumer Licensee shall not be required to bear such expenses, fees, and charges in excess of One Thousand Euro (1,000 €), and Provider shall bear the remainder of such expenses, fees, and charges. Each party shall be solely responsible for its attorney fees, expert witness fees, and other costs, fees, and expenses, except as may otherwise be provided in Section “Indemnification”.
Discovery Procedures in Arbitration. The parties shall be entitled to such discovery as is appropriate in the judgment of the arbitrator, in light of the nature and objectives of arbitration and to ensure that each party has an adequate opportunity to determine the factual bases for its claims and defences.
Class Actions. Class actions and other procedural devices, however denominated, that allow pursuit in a single proceeding of claims of more than one claimant unrelated by blood or marriage shall not be permitted in the case of arbitrations hereunder involving either Consumer Licensees or Commercial Licensees or both.
Form and Effects of Award. The arbitrator shall render a naked award. Judgment on any arbitral award under this Agreement may be entered in any court of competent jurisdiction. It is the intent of the parties that neither the award nor any resulting judgments have claim preclusion or collateral issue preclusion effects except as between the parties themselves. All other provisions of this Agreement shall be governed by and construed and interpreted in accordance with the laws of Austria and European Union.
PROVIDER SHALL HAVE THE ABSOLUTE AND UNILATERAL RIGHT IN ITS SOLE DISCRETION TO DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF PROVIDER SERVICES TO USERS WHO ARE DEEMED BY PROVIDER TO BE USING THE PROVIDER SERVICES IN A MANNER NOT REASONABLY INTENDED BY PROVIDER OR IN VIOLATION OF LAW, INCLUDING BUT NOT LIMITED TO SUSPENDING OR TERMINATING A MEMBER’S ACCOUNT WITH PROVIDER AND THE LICENSE TO USE THE PROVIDER SERVICES.
Provider Services are designed to serve the needs of particular types of users, such as individual consumers or small and medium organizations. If you have purchased a Provider Product or Service that is inappropriate for your actual usage, Provider may require you to switch to an appropriate Provider Product or Service which may result in your having to pay Provider additional fees for use of the appropriate product or to terminate your purchased Provider Services and refund, on a prorated basis, any fees paid you may have paid on the unused portion of your Provider subscription. Provider may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of Provider Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate. Your consumption of Provider Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of Provider’s services by Members, generally in number of memberships and organizations opened, closed, number of invitations sent to join your organizations, etc. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or Provider Product or Service that will permit you to continue to use Provider Services.
Although violations of this policy are infrequent, we reserve the right to terminate or suspend your license to Use Provider Services and any license to use the Provider Software, without prior notice in the event of a violation of this policy. If Provider believes that you are breached our Fair Use Policy and the user has not switched to another Service Grade if offered, Provider will allow the Member 30 days from date of first communication to retrieve their data before deletion of the users account and data. 1st notice will be sent 30days before account deletion, 2nd notice will be send 20days before account deletion and the 3rd final notice will be sent 3 days before account deletion. All communications will be sent to the Inbox of a Member in PharosN Portal and copies to email address as defined in the Member account.
You also agree that Provider may retain your Personal Information and related account information for a reasonable time after your license has been terminated and help you to restore your account if you may rejoin Membership.
Termination for unlawful or abusive use, other breach.
Provider may block your access to your Member area, Organizations and their Services including restoring of backup data and/or terminate your use of the Provider Services if Provider reasonably believes that the your use of services support of illegal activities, if providing Provider Services to a person located in a particular country would violate European Union or other applicable law, or if your continued Use of Provider Services may damage, disable, overburden, or impair Provider engines or networks. If you breach these TOS, your right to use the Provider Services shall automatically terminate if you fail to cure the breach within fifteen (15) days after notice from Provider or any of the Provider Affiliates, unless your breach is due to violations of Section “Lawful Use”, Section “No Transfers or Modifications by You”, Section “Indemnification”, Section “Trademarks”, Section “Government Restrictions”, in which case termination will be without notice and without any right to cure.
The termination of your Organization if takes place by any reason as defined in the TOS including your own actions or Provider action caused by violation of TOS results in the following consequences:
(a) Cancellation of Membership for all Members of this Organization including its Supervisors
(b) Cancellation of services which are running in the Organization causing loss of access to its applications and data
(c) Loss of unique identifiers assigned to every organization resulting in principal loss of ability to restore encrypted backups with organizational data and applications in any new Organization
You acknowledge and agree to have these consequences resulting from your decisions to close any your organization or face these consequences as result of violation of TOS.
You agree that in case of termination of your Member account at PharosN Portal you lose connection to Products and Services and your Organizations which you had prior to this termination as well as your databases which could have been accumulated on the engines which you run in your organizations as its supervisor. In such case the data and applications which were available to you and your organizations prior to termination may become lost.
If this Agreement pertains to a trial, beta, or evaluation license (such as a license that provides access to services paid by payment certificates by Provider for limited time i.e. free subscriptions for services, for which you have not paid a fee and/or for which you do not pay a fee and associated taxes on or prior to expiration), the license granted under these TOS will terminate upon the expiration or cancellation of the trial or evaluation period, when the Provider Product or Service you are using is no longer made available, up to 14 days from the date you first installed the Provider Product and Service, or when Provider cancels or terminates the license, whichever is shorter. You agree to Use the Provider Services for no longer than the trial or evaluation period covered by Provider Payment Certificate unless you enter into another license and pay a license fee and associated taxes as applicable, or Provider allows your license to roll over for another service subscription interval which Provider may elect to do at its sole discretion and without notice to you.
Your license will end upon the sooner to occur of (i) expiration of your Subscription Interval, (ii) upon your non-renewal of the license, (iii) upon your cancellation of the license, (iv) when Provider elects to discontinue the product, (v) upon your breach of these TOS (if such breach is not cured within the time indicated below in this Section (Termination, Expiration, Cancellation), or (vi) when Provider cancels or terminates your license, (any such expiration, cancellation, discontinuation, or termination are referred to hereafter as "termination").
Upon termination: i) you shall immediately cease any and all Use of the Provider Services and delete all copies of them; ii) the Provider Software may be disabled by Provider without notice to you; and iii) you will no longer have the right to access services or retrieve your Backup Data; you hereby grant Provider at its sole discretion the unrestricted right to delete or retain all such Personal Information at any time after termination, without notice.
In the event of any termination, expiration, or cancellation, the restrictions on your Use of the Software and the other applicable restrictions as set forth in Section “Lawful Use”, Section “Provider License”, Section “No Transfers or Modifications by You”, Section “Warranties”, Section “Limitation of Liability”, Section “Indemnification», Section “Trademarks, Service Marks, and Other Intellectual Property”, Section “High Risk Activity”, Section “Dispute Resolution, Governing Law, Venue”, Section “Survival”, Section “Notice”, Section “Limitation on Actions”, Section “Miscellaneous” and Section “Severability” shall survive such termination, expiration, or cancellation, and you agree to remain bound by those terms.
Any notice that may or must be given by Provider in connection with this Agreement or in connection with the Use of the Provider Services, may be given by sending it to your Member Inbox and relevant notification to email address provided by you upon registering for the Provider Services as your contact or as you may provide from time to time thereafter by modifying your Member profile at the Portal. You are responsible for ensuring that your accurate contact email address and SMS are available to Provider and inform you about any needed updates.
Provider may, in its sole discretion, use other means of providing notice, such as: regular, certified, or registered mail; SMS, PharosN mobile applications, commercial delivery service. All such notices shall be deemed given when dispatched with payment of delivery charges made or arranged. You hereby consent to receiving notice by any such means. Notwithstanding the foregoing, Provider has no obligation to provide notice or attempt to locate a customer other than through the Member Inbox and email address and SMS provided.
You agree that Provider may guarantee delivery of such notification only to your Member Inbox but not by communications services provided by third parties such as emails and SMS and post.
These TOS were negotiated and written in English. Any inconsistency between the TOS as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version. Les parties ont convenu de rediger cette entente en anglais.
These TOS (including the items incorporated by reference and modifications that may be made from time to time), constitute the entire agreement between Provider and you regarding Provider Services, and supersedes all prior agreements between you and Provider regarding the subject matters hereof. Any item or service furnished by Provider in furtherance of these TOS, although not specifically identified in them, shall nevertheless be covered by these TOS unless specifically covered by some other agreement entered into in written or electronic form between you and us. Any modification or change in these TOS proposed or offered by you shall not become a part of these TOS unless accepted in a writing dated after the effective date of the applicable TOS and signed by an authorized officer of Provider. Should there be any conflict in terms between this Agreement and any other document, the terms and conditions set forth in the Additional Agreement for specific services shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neuter in gender, are meant to be used interchangeably as the context of the sentence might imply.
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law must be commenced within one year after the cause of action accrues.
You agree to reimburse Provider for any costs or fees related to its enforcement of this Agreement, including without limitation the expert fees and attorney fees regularly charged by the experts and legal counsel chosen by Provider. Provider is not responsible for misprints, errors or omissions in its advertising and promotional materials. If you have designated a person (whether by email, orally, by registering such person with Provider PharosN Portal, by granting such person access to your Member name and password or by having your computer registered for Provider Services) to have access to your Organizations and Services, you hereby authorize Provider to give such designated person access to your personal information, list of your organizations, your roles in these organizations, your rights as Supervisor for services running in these organizations, setting all service parameters, approvals for engine replacements and relocation, restoring its application data from backups, adding and deleting Members of organizational groups, installation of new services and cancelling the subscriptions for running services and cancelling your Member account including without limitation in the event of your death or incapacity.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed, or reformed to the extent reasonably required to render it valid, enforceable, and consistent with the original intent underlying such provision and ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.
The Provider reserves its right to take all legal steps available to enforce these TOS. The Provider's failure to enforce these TOS in every instance in which they might apply, or the failure to require at any time performance of any provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions or of the Provider's rights to enforce such provisions. No waiver of any provisions of this or any other Agreement with the Provider shall be effective unless expressly stated to be such in writing and signed by both parties.
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© 2017 win2biz.com. All Rights Reserved