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Terms & Conditions

Last updated: September 30, 2024

Please read these terms and conditions carefully before using the service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, whereas "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for the election of directors or other managing authority.
  • Country refers to: the United Kingdom
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Acutro Ltd, 1 Kings Avenue, London, United Kingdom, N21 3NA.
  • Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
  • Service refers to the Acutro Platform which is a cloud-based application sold as software-as-a service (SaaS).
  • Terms and Conditions (also referred to as "Terms") mean these terms and conditions that form the entire agreement between you and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third party that may be displayed, included or made available by the Service.
  • Website refers to Acutro, accessible from https://acutro.net/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgement

These are the terms and conditions governing the use of this Acutro service and the agreement that operates between you and the Company. These terms and conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these terms and conditions. These terms and conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the service you agree to be bound by these terms and conditions. If you disagree with any part of these terms and conditions then you may not access the service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the service.

The service start date will begin from when an order is raised by you.

Acutro payment terms for the service are 30 days. If the payment terms are not met, then you are breaching these terms and conditions.

Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy Policy of the Company. Acutro's Privacy Policy describes its policies and procedures on the collection, use and disclosure of your personal information when you use the service. Please read the Privacy Policy carefully before using the service.

Links to Other Websites

The Acutro service may contain links to third-party websites or services that are not owned or controlled by the Company.

The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on the Acutro service.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Termination

Acutro may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these terms and conditions.

Upon termination, your right to use the service will cease immediately.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of this terms and conditions and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the service or 100 GBP if you haven't purchased anything through the service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the service, third-party software and/or third-party hardware used with the service, or otherwise in connection with any provision of this terms and conditions), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

The Company is not responsible for any loss of data for any data sources being monitored as part of the service. It is the responsibility of the individual or 3rd party that own the systems or hardware where data is being transmitted from.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"As is" and "As available" Disclaimer

The Acutro Platform is delivered as-a-service is provided to you "as is" and "as available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the service, or the information, content, and materials or products included thereon; (ii) that the service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the service; or (iv) that the service, its cloud infrastructure, the servers, or content shared from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this terms and conditions and your use of the Service. Your use of the Acutro Platform may also be subject to other local, state, national, or international laws.

Disputes Resolution

If you have any concerns or dispute about the service, you agree to first try to resolve the dispute informally by contacting the Company and / or raising a support ticket if its a technical issue.

For European Union (EU) Users

If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you reside.

The United States Legal Compliance

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or the United States government has designated that as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability

If any provision of these terms and conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these terms and conditions shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These terms and conditions may have been translated if The Company have made them available to you on its service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

Acutro reserve the right, at its sole discretion, to modify or replace these these terms and conditions may have been translated if Acutro have made them available to you on its service. You agree that the original English text shall prevail in the case of a dispute.

If a revision is material will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect and communicate them on the service. What constitutes a material change will be determined at Acutro's sole discretion.

By continuing to access or use the service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the service.

Contact Us

If you have any questions about these terms and conditions, you can contact us:

  • By email: hello@acutro.com
  • By visiting this page on our website: https://acutro.net/contact/
  • By phone number: 0800 123 4567
  • By mail: 1 Kings Avenue, London, United Kingdom, N21 3NA

Contact the Acutro team

If you would like to start your smart buildings or data-led maintenance journey, please contact one of the Acutro team.
hello@acutro.co.uk
0333 577 2019
Acutro HQ, London

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