Terms of Use
Last updated: April 10, 2024
Introduction
The Services defined in this document are provided by Rosan International Consulting & Research SL. This document may refer to the service provider as "ROSAN SL", "ROSAN", "we", "us", or "our". These are the rules and restrictions governing the use of our websites, products, services, mobile applications, and other software (collectively, the "Services").
The term "Services" refers to the Sites, Web Applications, Mobile Applications, and Subscription Services, which can be used together with Products and other forms provided by ROSAN, as defined in points 1 to 5 below. Some ROSAN Products and Services may be used together or integrated with third-party products and services.
(1) Websites accessible at https://rosan-international.com or https://qualbot.io/ (individually a "Site" or collectively "Sites");
(2) Services, including technical support and services accessible through the Sites ("Web Applications");
(3) Software that can be downloaded to your smartphone or tablet to access the services ("Mobile Applications");
(4) Subscription Services, including services accessible through Web Applications and Mobile Applications ("Subscription Services");
These are the rules and restrictions that govern your use of our Products and Services. Please read these Terms of Use (the "Terms") carefully before using the Services, as they affect your legal rights and obligations (e.g., requiring arbitration and prohibiting class actions and limiting our liability). You acknowledge and agree that, except for ROSAN physical Products you may have purchased, the Services and the software integrated into the Product (and any updates thereof) ("Product Software") are licensed to you, not sold. You do not acquire any ownership interest in any Service or Product Software under these Terms, nor any other rights thereto beyond the right to use such Service and Product Software in accordance with the license granted and subject to all terms, conditions, and restrictions in these Terms. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be presented through the Services in connection with such features. You must review and accept the additional guidelines, terms, or rules before using such Services.
Your Acceptance
These Terms of Use (the "Terms") are a binding contract between you and ROSAN (the "Agreement"). If you do not agree to and accept all of the Terms, you do not have the right to use the Services, and you must cease using them immediately. By using the Services in any way, you agree to the Terms. The Terms will remain in effect while you use the Services. The Terms also include ROSAN's Privacy Policy. Other trademarks or trade names mentioned herein are reasonably necessary to identify the product or service only.
Modifications to the Terms
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this website (https://adri.care). You consent to receiving notices of updates to these Terms through our posting of updated Terms on this website. You must regularly visit this page to review the current terms. ROSAN may provide you with notices as required by law or for marketing or other purposes by email (to the email address you provide our Services), or by posting such notice on the Sites. ROSAN is not responsible for any automatic filtering you or your network provider may apply to email notifications. ROSAN recommends that you add @adri.care URLs to your email address book to ensure you receive email notifications from ROSAN. Your continued use of the Services will be deemed irrevocable acceptance of any updates to these Terms.
Legal Capacity
The Services are intended for a general adult audience. We will assume (and by using the Services you warrant) that you have the legal capacity to enter into these Terms (i.e., you are of sufficient age and mental capacity and otherwise legally entitled to be bound in a contract). If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to accept these Terms on its behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws applicable to you. You may not use these Services if applicable laws prohibit such use.
Account Registration
To use the Services, you may need to register for an account. When registering for an account, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You agree that you are solely responsible for all costs and expenses you may incur in connection with your use of the Services and for maintaining the confidentiality of your password and other account details.
Representations and Warranties
You represent and warrant that you are of legal age to enter into a binding contract. Otherwise, you represent and warrant that you have obtained parental consent and that they have read and accepted these Terms on your behalf. If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to accept these Terms on its behalf and bind them to these Terms. You may only use the Services for your personal, non-commercial use. Your use must comply with all laws applicable to you. You may not use these Services if applicable laws prohibit such use. We may prevent or suspend your access to the Services if you do not comply with any part of these Terms, any referenced terms or policies, or any applicable law.
Changes to the Services
The Services may change over time as we improve them. At any time, we may modify, suspend, discontinue, or restrict access to all or part of the Services and/or any related software, facilities, and services, temporarily or permanently, with or without notice, and/or to establish general guidelines and limitations on their use. Some of these changes to the Services may render certain hardware devices, third-party services, configurations, or software settings non-functional. We may make such changes at our sole discretion and with or without notice.
Intellectual Property
(a) You acknowledge that all intellectual property rights, including but not limited to patents, copyrights, trademarks, trade secrets, and all other proprietary rights in the Products, Product Software, and Services (i.e., Sites, Web Applications, and Mobile Applications) are owned by ROSAN or its affiliates, licensors, or suppliers (collectively, the "Intellectual Property Rights"). Your possession, access, and use of the Products, Product Software, and Services do not transfer to you or any third party any right, title, or interest in such Intellectual Property Rights. ROSAN and its affiliates, licensors, and suppliers reserve all rights not granted in these Terms. Furthermore, except for User Content (defined below), ROSAN retains full ownership of all content of the Services, including any downloadable software and all accompanying data.
(b) Use of the Services. Your right to use the Services and any content appearing therein is subject to your compliance with these Terms. Modifying or using the content of the Services for any unauthorized purpose under these Terms may violate Intellectual Property Rights protected by law and these Terms and is prohibited.
You are prohibited from using the Intellectual Property Rights except as specifically permitted in these Terms. Subject to these Terms, ROSAN grants you a limited, non-exclusive, non-transferable license to download, copy, install, and use authorized portions of the Services (including this Site) on your own device (e.g., your computer, smart device, etc.) for your personal use. You may not use the content of the Services in any other public or commercial way nor copy or incorporate any content from the Services into any other work, including your own website, without prior written consent from ROSAN. You must have a reseller or distribution license from us before you can copy or redistribute any part of the Services. Any authorization to copy content granted by us on any part of the Services for any reason is subject to you maintaining all copyright and other proprietary notices intact. You must not copy, modify, reproduce, or otherwise damage the structure or presentation of the Services or any content thereof.
In addition, you are prohibited from modifying, translating, adapting, or creating derivative works and improvements, decompiling, decoding, reverse engineering, disassembling, or otherwise reducing the code used in any software related to the Services into a readable form to examine the source code or construct such software and/or copy or create other products based (in whole or in part) on such software.
Forum
THE MATERIALS, INFORMATION, AND OPINIONS INCLUDED AND/OR EXPRESSED IN USER FORUMS, BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THE SERVICES ("FORUMS") ARE NOT NECESSARILY THOSE OF ROSAN, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR PARTNERS (COLLECTIVELY, "THE ROSAN GROUP"). THE FORUM IS USED TO DISCUSS PRODUCT INSTALLATION, USAGE ISSUES, AND SOLUTIONS. TO PROTECT THE SECURITY OF OUR PRODUCTS, YOU ARE NOT ALLOWED TO POST SECURITY VULNERABILITIES, SOURCE CODE, ETC., OF OUR PRODUCTS IN THE FORUM. IF FORUM CONTENT JEOPARDIZES THE SECURITY OF OUR PRODUCTS, ROSAN RESERVES THE RIGHT TO REQUIRE YOU TO VOLUNTARILY DELETE OR REMOVE POSTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
Submissions, Posts, and Emails
ROSAN welcomes your questions or comments about our Services. However, the ROSAN Group does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other material) in any format, by any means of transmission (including email). Such submissions are returned to the sender without review, deleted, or discarded without review. Therefore, do not send unsolicited submissions to any member of ROSAN.
Invited Submissions
From time to time, areas of the Services may expressly request submissions of concepts, stories, or other potential content ("Invited Submissions"). Where this is the case, please carefully read the specific rules or other terms and conditions posted elsewhere in the Services governing those submissions ("Additional Terms"), as they will affect your legal rights. If no Additional Terms govern those submissions, these Terms will apply in full to any Invited Submission you make. IN ANY CASE, ANY MATERIAL YOU SUBMIT TO US WILL NOT BE TREATED AS CONFIDENTIAL.
Our Use of Content
ROSAN will consider anything you provide and/or contribute to the Services as available for our unrestricted use free of any obligation to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms posted elsewhere in the Services, in which case those Additional Terms will determine how we treat your Invited Submissions. Regardless of any industry custom or practice, we will not pay you for the use of any content you submit to the Services.
User Content
You are solely responsible for all content, including but not limited to reviews, responses, profile entries, posts, questions, videos, images, and audio that you upload, post, email, transmit, or otherwise disseminate using or in connection with our Services. You represent and warrant that you have all necessary rights to do so. For some features of our Services, other users may request email notifications of your new public content or post their own comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, identify or feature popular users, protect you, improve our Products and Services, and/or develop new Products and Services. By posting or uploading any content to the Services (including but not limited to posts, responses, videos, images, etc.), you:
- Grant and assign to ROSAN a worldwide, royalty-free, perpetual, non-exclusive, unrestricted license to all rights to the User Content, including but not limited to copyrights, along with all necessary consents (if any) to allow its reproduction, distribution, modification, publication, and/or other exploitation by ROSAN and/or any person authorized by ROSAN, by any means and in all media now known or hereafter created, without payment or other references to you or any other person, and to advertise and promote such exploitation for the full term of all such rights (including extensions and renewals) and to the greatest extent possible in perpetuity;
- Waive all moral rights to the User Content that may be available to you anywhere in the world and confirm that no such rights have been asserted;
- Appoint ROSAN as your agent with full power to execute any documents and/or take any action that ROSAN deems appropriate to confirm the grant and assignment, consent, and waiver set forth above;
- Warrant that you have the rights and own the User Content and are entitled to participate in these Terms;
- Confirm that no User Content will be subject to any obligation of confidentiality or otherwise to you or any other person, and ROSAN will not be liable for any use or disclosure of such User Content;
- Acknowledge and agree that ROSAN may access, use, preserve, and/or disclose User Content to law enforcement authorities, government officials, and/or third parties, if required by law or if we believe in good faith that such access, use, preservation, or disclosure is reasonably necessary to: (a) comply with legal process or request; (b) enforce these Terms, including the investigation of any potential violations thereof; (c) detect, prevent or address security, fraud, or technical issues; or (d) protect the rights, property, or safety of ROSAN, its users, a third party, or the public as required or permitted by law. ROSAN also reserves the right, but has no obligation, to remove any User Content from our servers at any time in our sole and absolute discretion.
Usage Restrictions
While using the Services, you may create connections between our hardware devices, third-party hardware devices, our Services, and/or third-party services. You agree that you will not connect to the Services any hardware devices or third-party services in a way that could be dangerous to anyone or that could cause damage or loss of any property.
Your use of the Services is subject to the following additional restrictions. You may not use the Services or interact with the Services in a way that:
- Infringes or violates the intellectual property rights or any other rights of any other person;
- Violates any law or regulation;
- Is harmful, fraudulent, misleading, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Jeopardizes the security of your account or anyone else's account;
- Attempts in any way to obtain the password, account, or other security information from any other user;
- Violates the security of any computer network, cracks passwords or encryption codes, or incorporates any disabling code designed to allow inappropriate use, access, deletion, or modification of programs or software or hardware systems or to improperly disable, disable, damage, or shut down such programs or systems;
- Sends, creates, or responds to so-called "mail bombs" (i.e., sending copies of a single email message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engages in "spamming" (i.e., unsolicited commercial or other emails);
- "Crawls", "scrapes", or "spiders" any page or part of the Services (whether by manual or automated means);
- Introduces viruses, trojans, worms, logic bombs, or other malicious or technologically harmful material;
- Copies or stores a significant portion of the content;
- Decompiles, reverse engineers, or attempts to obtain the source code of the Services; or
- Undertakes any other activity that could adversely affect the operation or enjoyment of the Services by any other person, including placing malware on the Services.
Content of the Services
"Content" is all information collected during your use of the Services. It includes information provided by you, other users, connected hardware devices, and third-party devices and services connected to the Services. It also includes any information we provide in the Services, as well as any derived or aggregated information from any and all information provided to the Services.
Third-Party Services
You agree that ROSAN is not responsible for the risks you assume in connection with links or connections to third-party applications or services. You understand that such third-party services may or may not have their own terms, conditions, privacy policies, or other policies that may or may not relate to the Services. We encourage you to consider such agreements when connecting third-party services to the Services. We cannot and do not control, nor assume any responsibility or risk, for the content, accuracy, practices, opinions, or policies of any third-party application or service to which you may be exposed when interacting with the Services. Your interactions with third-party organizations and/or individuals found on or through the Services are solely between you and such organizations and/or individuals.
Third-Party Sites
The Services may link you to other sites on the internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of ROSAN, and you acknowledge that (whether such sites are affiliated with ROSAN or not) the ROSAN Group is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by ROSAN Group or any association with its operators. ROSAN cannot guarantee that you will be satisfied with the products or services you purchase from any third-party site linked to or from ROSAN, as third-party sites are owned and operated by independent retailers. ROSAN does not endorse any merchandise purchased from any third-party site, nor has ROSAN taken any steps to confirm the accuracy or reliability of the information contained on such third-party sites. ROSAN makes no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you are asked to provide to a third party, and you irrevocably waive any claim against us concerning such sites.
Termination
You are free to stop using the Services at any time. You understand and agree that we may or may not delete your User Content if you stop using the Services. At any time, ROSAN may (a) suspend or terminate your rights to access or use the Services if ROSAN believes in good faith that you have used the Services in violation of these Terms, including the guidelines, terms, or rules incorporated herein. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates. The new owner will not have the right to use the Product or Services under your account and will need to register for a separate account with ROSAN unless the new owner already has an ROSAN account that can be connected to that Product or Service. In the event we choose to cancel your account, we will attempt to provide you with prior notice of the cancellation so that you can recover any important User Content stored in your account. You understand and agree that we may not provide any prior notice for any reason, but typically because it would be impractical, illegal, not in the interest of anyone's safety or security, or otherwise detrimental to ROSAN's rights or property.
Product Specifications, Pricing, Typographical Errors
We make every effort to describe each product or service offered on the Services as accurately as possible. However, we are human and, therefore, do not guarantee that the product specification, price, or other content of the Services is complete, accurate, reliable, current, or error-free. In the event of errors relating to price or specifications, ROSAN will have the right to refuse or cancel any order at its sole discretion. If we charge your credit card or other accounts before the cancellation, we will issue a credit to your account for the amount of the charge. Additional terms may apply.
Security
All usernames and passwords used for the Services are for individual use only. You are responsible for the security of your username and password (if applicable). ROSAN will have the right to monitor your username and password and, at its discretion, require you to change them. If you use a username and password that ROSAN considers insecure, ROSAN will have the right to require you to change your username or password and/or cancel your account. However, ROSAN cannot guarantee that unauthorized
Security System Violations
You are prohibited from using any service or facility provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed to compromise security (e.g., password guessing programs, cracking tools, malware, deactivation codes, viruses, or network probing tools) is strictly prohibited. If you engage in any system security violation, ROSAN reserves the right to disclose your data to system administrators at other sites, law enforcement authorities, and/or government officials to assist in resolving security incidents.
Investigations
ROSAN reserves the right to investigate suspected violations of these Terms, including but not limited to any violations arising from any submission, post, or email you make or send to any Forum. ROSAN may seek to gather information from the user suspected of violating these Terms and from any other user. ROSAN may suspend any user whose conduct or posts are under investigation and may remove such material from its servers as it deems appropriate and without notice. If ROSAN believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, post, or email, permanently delete the material, cancel posts, warn users, suspend users and passwords, terminate accounts, or take other corrective actions it deems appropriate. ROSAN will fully cooperate with law enforcement authorities or court orders requesting or directing ROSAN to disclose the identity of anyone posting emails, or publishing or otherwise making available any materials believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE ROSAN GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF THE ROSAN GROUP DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY MEMBER OF THE ROSAN GROUP OR LAW ENFORCEMENT AUTHORITIES.
Disclaimer of Warranties
Except as expressly set forth below, ROSAN makes no representations or warranties regarding any product, software, service, information, or content included in or accessed through the Services, and we are not responsible for the accuracy, copyright compliance, legality, or decency of the material contained in or accessed through the Services. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. The products and services purchased or offered through the Services are provided "AS IS" and without any warranty of any kind from ROSAN or others, unless a specific warranty is provided in writing and explicitly for a particular product or service (and if such a warranty is provided, it applies only to the particular product or service).
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT FOR THE WARRANTIES THAT MAY ACCOMPANY CERTAIN ROSAN PRODUCTS, THE SERVICES AND ALL MATERIALS, INFORMATION, WEBSITES, SOFTWARE, FACILITIES, SERVICES, AND OTHER CONTENT RELATED TO THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ROSAN GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ROSAN GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ROSAN GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITES LINKED TO THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR ABILITY TO MEET YOUR REQUIREMENTS OR OTHERWISE. THE ROSAN GROUP DOES NOT WARRANT THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICES OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND THE ROSAN GROUP ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ROSAN BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO ROSAN IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO LIABILITY ARISING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
We will not be liable to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control, including but not limited to strikes, lockouts, or other labor disputes; breakdown of systems or network access; or flood, fire, explosion, or accident.
Risk of Loss; Insurance
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE USE OF THE SERVICES TO SECURE OR CONTROL ACCESS TO ANY REAL OR PERSONAL PROPERTY) IS SOLELY AT YOUR OWN RISK, AND YOU ACCEPT RESPONSIBILITY FOR ALL LOSS, DAMAGE, AND EXPENSE ARISING FROM SUCH USE. ROSAN IS NOT AN INSURER. YOU ARE RESPONSIBLE FOR MAINTAINING INSURANCE THAT COVERS ALL LOSSES, DAMAGES, OR EXPENSES, WHETHER DUE TO PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSS, OR ANY OTHER FORM OF LOSS, DAMAGE, OR EXPENSE ARISING FROM (I) THESE TERMS OR (II) THE SERVICES.
ROSAN may be or become the seller of various goods and services available on the Services. All items purchased through the Services are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery of ROSAN to the carrier.
Indemnity
You agree to indemnify and hold harmless ROSAN, its affiliates, officers, agents, employees, and partners from and against any claim, liability, damage (actual and consequential), losses, and expenses (including legal fees) that arise or are related in any way to any third-party claim related to (a) your use of the Services (including actions taken by a third party using your account) and (b) your breach of these Terms. In the event of such a claim, lawsuit, or action ("Claim"), we will send notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations under this provision).
Updates
ROSAN may, from time to time, at its sole discretion, develop and provide updates to its Services and/or Product Software, which may include updates, error corrections, patches, other error corrections, security fixes, and/or new features (collectively, including related documentation, if applicable, "Updates"). Updates may also modify or eliminate certain features and functionalities. You acknowledge that we have no obligation to provide Updates or continue to provide or enable particular features or functionalities. Depending on your device settings, when your device is connected to the internet: (a) the Services will automatically download and install all available Updates; or (b) you may receive a notice or be prompted to download and install available Updates. You must download and install all Updates immediately and acknowledge and agree that the Services or parts thereof may not function properly if you fail to do so. Furthermore, you agree that all Updates shall be considered part of the Services and shall be subject to all the terms and conditions of these Terms.
Product Software updates may be installed automatically without providing additional notice or obtaining additional consent. You agree to such automatic updates. If you do not wish to receive such automatic updates, your remedy is to cancel your account and cease using the Product Software and corresponding Products. If you do not cancel a previously created account, you will receive automatic updates.
We reserve the right to suspend, modify, or discontinue, temporarily or permanently, the application and/or services or any feature or part thereof, with or without prior notice, at any time and without liability to you.
Service and Product Software Limitations
You acknowledge and agree that the Services and Product Software are not intended to be 100% reliable or available 24 hours a day, 7 days a week. The Services/Product Software may be temporarily suspended without prior notice due to security reasons, system failures, maintenance, and repair, updates, or other circumstances. You agree that you shall not be entitled to any refund or discount for such suspensions. ROSAN does not offer any specific uptime guarantee for the Services/Product Software.
Assignment
You may not assign, delegate, or transfer these Terms or your rights and obligations under these Terms, or your Services account, in any way (by law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent. No one other than a party to these Terms has the right to enforce any of these Terms.
Additional Terms and Conditions
The following additional terms apply to our applications available through Apple, Inc. ("Apple") App Store (the "Apple Application"):
- You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Apple Application solely for your personal, private, and non-commercial use in connection with the Services, subject to all applicable Terms.
- Both you and ROSAN acknowledge that the Terms are entered into solely between you and ROSAN, and not with Apple, and that Apple is not responsible for the Apple Application or its content.
- You will only use the Apple Application on an Apple device that you own or control.
- You acknowledge and agree that Apple has no obligation to provide maintenance and support services with respect to the Apple Application.
- In the event the Apple Application fails to comply with any applicable warranty, including implied warranties by law, you may notify Apple of such failure; following notification, Apple's sole warranty obligation to you will be to refund the purchase price, if applicable, of the Apple Application; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the Apple Application.
- You acknowledge and agree that ROSAN, and not Apple, is responsible for addressing any claim you or a third party may have in relation to the Apple Application.
- You acknowledge and agree that, in the event a third party claims that the Apple Application or your possession and use of the Apple Application infringes that third party's intellectual property rights, ROSAN, and not Apple, will be responsible for investigating, defending, resolving, and discharging such infringement claim.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist-supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- Both you and ROSAN acknowledge and agree that, in your use of the Apple Application, you will comply with the terms of any applicable third-party agreements that may affect or be affected by such use.
- Both you and ROSAN acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms, and that by accepting these Terms, Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
The following additional terms apply to our applications available through Google Inc.'s ("Google") Google Play store (the "Android Application"):
- Without prejudice to any provision to the contrary in these Terms, if you use the Android Application, you hereby acknowledge and agree that (i) the Android Application is based in part on functionality provided by Google (the "Google Functionality"), (ii) any information provided by you through the Android Application may be shared with Google in connection with your use of the Google Functionality, and (iii) Google will handle all such information in accordance with Google's then-current privacy policy (currently available at http://www.google.com/privacy.html), as may be modified by Google from time to time.
- You acknowledge and agree that Google has no obligation to provide maintenance and support services with respect to the Android Application.
- In the event the Android Application fails to comply with any applicable warranty, including implied warranties by law, you acknowledge that Google has no warranty obligation with respect to the Android Application.
- You acknowledge and agree that ROSAN, and not Google, is responsible for addressing any claim you or a third party may have in relation to the Android Application, and that Google will not be liable to you for any claim, loss, liability, damage, cost, or expense attributable to any failure of the Android Application.
Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you have no authority of any kind to bind ROSAN in any respect. Except as explicitly stated in the preceding sections with respect to the Apple Application and the Android Application, you and ROSAN agree that there are no intended third-party beneficiaries of these Terms. If any provision of these Terms is determined to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Disputes
We will attempt to resolve any dispute with you quickly and efficiently. If you are not satisfied with us, please contact us as soon as possible. If you and we cannot resolve a dispute using our complaints procedure: we will inform you that we cannot resolve the dispute with you; and provide you with certain information about our alternative dispute resolution provider. If you wish to take legal action, the courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms. The laws of the United Kingdom will apply to these Terms.
Contact Us
For any questions, please contact us at [email protected].