Neocepts Services Terms and Conditions
Posted Date: July 15, 2020
Welcome! Thank you for your interest in our services.
We, Neocepts Inc and/or its affiliates (“we” “our” or “Neocepts”), provide a variety of features and services through our website, Neosights platform and various web, PC & mobility applications, that you can enjoy through various consumption channels here(“Services”), and these Terms and Conditions (“Terms”) will cover your use of our Services.
ACCEPTING OUR TERMS
By creating an account or using our Services, you confirm that you accept these Terms. You also confirm that:
- You have reached the age of 18; or
- You are 13 or older but younger than 18 (“Minor”), and you represent that you have reviewed these Terms with your parent or legal guardian and that you and your parent or guardian understand and consent to the terms and conditions of these Terms. If you are a parent or guardian permitting a Minor to use the Services, you agree to: (i) supervise the Minor's use of the Services; (ii) assume all risks associated with the Minor’s use of the Services, (iii) assume any liability resulting from the Minor’s use of the Services; (iv) ensure the accuracy and truthfulness of all information submitted by you or the Minor; and (v) assume responsibility and are bound by these Terms for the Minor’s access and use of the Services
Sometimes we may need to change these Terms. We’ll let you know about any changes by posting the updated Terms on our website. If we think the changes are material, we may send a notification to the email address linked to your Neocepts account before the updated Terms become effective. If you don’t agree to the changes, you can stop using our Services and delete your Neocepts account. By continuing to use our Services after the updated Terms become effective, you confirm that you understand and accept the updated Terms.
USING OUR SERVICES
LICENSE | We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services. You may use our Services for personal and business use or for internal business purpose in the organization that you represent. according to these Terms and the instructions we provide in our Services. All references to our Services include all related content and any other materials used to implement and provide access to our Services, including updates, upgrades, enhancements, modifications, revisions or additions to our Services we make available to you. You acknowledge and agree that our Services belong to us and our partners, and are protected under applicable copyright, trademark, trade secret, patent, and other intellectual property laws and treaties. These Terms do not grant you any ownership interest in, or to our Services, but only a limited right of use that can be revoked according to these Terms. The availability and features of our Services may vary depending on where you live, which device you’re using, or which software or operating system version you have.
USER GUIDELINES | We work hard to protect the security and safety of all users of our Services. We also strive to make our Services available without interruptions. To help us meet these goals, you agree that:
- You won’t reverse engineer, decompile, disassemble, or make any attempts to discover the source code or algorithms of our Services.
- You won’t modify or disable any features of our Services.
- You won’t create any derivative works based on our Services.
- You won’t rent, lease, lend, sublicense, or provide any commercial hosting services using our Services.
- You won’t infringe our intellectual property rights or the rights of anyone else while using our Services.
- You won’t use our Services in any way that violates these Terms or any laws, rules, regulations, codes of practices, guidelines or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction in which you are a resident or from which you are using the Services (“Applicable Law”).
- You won’t use our Services in any fraudulent or malicious way, for example to introduce viruses, malicious code, or harmful data.
- You won’t use our Services in any way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users.
- You won’t collect or harvest any information or data from our Services or systems or attempt to decipher any transmissions to or from the servers running our Services, except to the extent allowed by Applicable Law.
INTERNET | Our Services may require Internet access to provide certain features to you. You acknowledge that access to the Internet may result in charges depending on your payment plan, and that we are not responsible for the availability or speed of the Internet.
UPDATES | We’re always working to make our Services better. To share improvements and new features with you, we may provide updates or upgrades to our Services. These updates and upgrades are designed to improve, enhance, and further develop our Services and may include bug fixes, patches, enhanced features, plug-ins, and new versions. Essential updates, such as critical bug fixes or security updates, may be downloaded and installed automatically without your consent to protect you and other users. For other non-essential updates, you will be notified in advance and be able to choose whether to download and activate the update.
THIRD PARTY SERVICES | We work with a global network of partners to provide you with useful content in our Services. This may include information, links, advertisements, or other contents provided by third parties (“Third Party Services”). We aren’t responsible for, and have no control over, any ThirdParty Services, and we aren’t liable for any damages or losses that are caused by any Third Party Services.
ADVERTISEMENTS | We provide most features of our Services for free. To keep these features free, we may show you ads or promotions provided by us or third parties while you use our Services.
You may need to create an account to use some of our Services (“Neocepts Account”). By creating a Neocepts Account, you agree that:
- You’ll provide accurate and complete information when you create your account.
- You’ll update your account if any of your information changes.
- You’ll safeguard your password and won’t share it with anyone.
- You’ll contact us immediately if you suspect anyone else is using your account.
You can delete your Neocepts Account at any time on the respective app or website that the account is linked to.
Some of our Services allow you to share things like comments, photos, messages, or documents or data with us or with other users. When you share content, you continue to own the intellectual property rights to your content and you are free to share the content with anyone else wherever you want. However, to use your content in our Services, you need to grant us a license for any content that you create or upload using our Services. “When you upload, transmit, create, post, display or otherwise provide any information, materials, documents, media files or other content on or through our Services (“User Content”) you grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform and publicly display the User Content (“User Content License”), to the full extent allowed by Applicable Law.”
We do our best to keep User Content safe, but we’re not responsible if any of your User Content or other data is lost. You should keep local copies or make backups of contents and other data, just in case something goes wrong. You are entirely responsible for the user content provided by you and for any consequences arising in connection with that user content (including any loss or damage suffered or incurred by us or other users).
You represent and warrant that (i) you are the owner of all rights pertaining to the user content or otherwise authorized to grant us the user content license; (ii) the user content will not infringe any intellectual property or other third party rights; (iii) the user content will comply and conform to any age classification rules and requirements (including accurate and adequate classification and rating of any user content, as the case may be) under applicable law.
CHANGE / TERMINATION
CHANGE | We may, at any time:
- Change, add, suspend, or remove features from our Services.
- Suspend or terminate your right to use our Services, including access to your account or data.
- Pre-screen, review, flag, filter, modify, refuse, reject, block access to or remove any or all content from our Services.
ENDING THESE TERMS | BY YOU | You can terminate these Terms at any time by deleting your Neocepts Account and stopping your use of our Services.
ENDING THESE TERMS | BY NEOCEPTS | We may suspend or delete your Neocepts Account or stop providing you with all or part of our Services at any time, if:
- We reasonably suspect that you have violated these Terms or the instructions we provide in our Services.
- You have clearly demonstrated (either directly or through your actions, statements, or otherwise) that you don’t intend to comply with these Terms.
- We decide to end all or part of our Services (either worldwide or in the country where you are a resident or from where you are using our Services).
- We are required by Applicable Law to end all or part of our Services (for example if due to changes in Applicable Law or due to court rulings or judgments which makes the Services or parts of them to become or be considered unlawful).
If we suspend or delete your Neocepts Account, we’ll try to notify you using the email address associated with your account or the next time you attempt to access your account or our Services, depending on the circumstances. In all such cases, these Terms will terminate, including, without limitation, your license to use our Services. This means that you have to stop using all of our Services. The termination of these Terms shall have no prejudice to any rights, obligations, and liabilities that you or we have accrued or incurred during the term of these Terms.
NOTICE | We will provide you with reasonable notice of any change, suspension or discontinuation of our Services, unless it is urgently required, in which case we will notify you at the same time as the change, suspension or discontinuation. To the maximum extent permitted by Applicable Law, we will not be liable to you or to any third party if we exercise such rights.
DISCLAIMER OF WARRANTY | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SERVICES, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US.
WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SERVICES OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (ii) WILL BE FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SERVICES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD PARTY SERVICES, ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SERVICES.
LIMITATION OF LIABILITY | TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR AGGREGATE LIABILTIY FOR ALL CLAIMS RELATING TO A SPECIFIC SERVICES EXCEED THE AMOUNT YOU PAID US FOR SUCH SPECIFIC SERVICES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SERVICES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
INDEMNIFICATION | You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all officers, directors, and employees from any and all third party claims, actions, losses, damages, liabilities, judgments, grants, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of our Services or use by any person that you allow to use our Services that is not in accordance with these Terms, (ii) any breach of this Agreement by you or by any person that you allow to use our Services, or (iii) any violation of any laws or regulations or the rights of any third party by you or by any person that you allow to use our Services.
COPYRIGHT POLICY | We respect the intellectual property rights of others. We may suspend or delete an account or stop providing all or part of our Services to an account, if we reasonably believe that such account has repeatedly infringed intellectual property rights
GOVERNING LAW / DISPUTE RESOLUTION |These Terms and your relationship with us under these Terms will be governed and construed in accordance with the laws of the jurisdiction where you are a resident, without regard to its conflict of law provisions. These Terms will not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If you use the Services for personal use, then any legal matters arising in relation to these Terms that are not amicably settled, will be subject to the non-exclusive jurisdiction of the courts of the jurisdiction where you are a resident.
If, upon our explicit consent, you use our Services as part of your business, trade or profession, then any legal matters arising in relation to these Terms will be subject to arbitration proceedings in English under the arbitration rules of the International Chamber of Commerce in the location of the respondent. Notwithstanding the foregoing, we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
NO WAIVER | If we do not exercise or enforce any legal right or remedy which is set out in these Terms or which we have the benefit of under any Applicable Law, this will not be construed as a formal waiver of our rights or remedies and such rights or remedies will remain available to us.
RESERVATION OF RIGHTS AND FEEDBACK | Nothing in these Terms give you a right to use the Neocepts name or any of the Neocepts trademarks, logos, domain names, and other distinctive brand features. All rights, title, and interest in and to our Services (excluding content provided by third parties) are and will remain the exclusive property of Neocepts and its licensors. If you choose to make available any comments, ideas, feedback, or suggestions, we will be free to use such comments, ideas, feedback or suggestion as we see fit and without any obligation to you.
EXPORT LAW | You acknowledge and agree to comply with any and all Applicable Law in using our Service, including, without limitation, all applicable export restriction laws and regulations.
SURVIVAL | Any provisions within these Terms that by its nature should continue to be in effect, including without limitation the following Sections: Ownership, Disclaimer of Warranty, Limitation of Liability, Indemnification and General, shall survive the expiration or termination of these Terms, and remain valid and binding.
ELECTRONIC COMMUNICATIONS | You agree to receive all agreements, notices, disclosures and other communications electronically, including by email, push notification, pop-up or text.
SERVICES SPECIAL TERMS
These Terms generally apply to all of our Services, while the terms in this Section (“Special Terms”) only apply to the specified Services. If there’s any conflict between these Special Terms and the rest of these Terms, the Special Terms will apply. We may additionally provide separate terms, policies and guidelines within each Service.
If you have any questions about our Services, contact us.