TERMS OF SERVICE USER AGREEMENT
ACCEPTABLE USE GUIDELINES
THE FOLLOWING DESCRIBES THE TERMS IN WHICH GEHTSOFT USA, LLC OFFERS YOU ACCESS TO OUR SERVICES.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF ACCEPTABLE USE GUIDELINES.
Gehtsoft USA, LLC., (collectively, the “Company”), maintains and operates this Mobile Application, GS Easy Scanner App (the “Mobile Application” or the “App”) and https://www.gehtsoftusa.com (the “Site”)(collectively, the “Software”). By using the App or any current or future service(s) provided to you by the Company (collectively the “Services” or “Online Services”), you are agreeing to comply with and be bound by the Terms and Conditions of these Acceptable Use Guidelines and any operating rules, regulations, policies, and procedures that may be modified from time-to-time on the App or the Site (collectively, the “Terms”). The Terms govern your access to and use of the App, the Services and any information, products, software, and/or features made available to you. If you are using the App or Services on behalf of your employer, you represent that you are authorized to accept these Terms on your employer’s behalf. In the case of any violation of the Terms, the Company reserves the right to seek all remedies available by contract, law and in equity for such violations. The Terms apply to all visits to, and/or use of the App and use of the Services, both now and in the future.
ANY VIOLATION OF THESE TERMS MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT, THE SERVICES, OR SUCH OTHER ACTION PERMITTED WITH NO REIMBURSEMENT OR REFUND PROVIDED TO YOU.
2. LAWFUL USE.
Our Service and the App allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”).
You agree that your use of the App and/or any Services is subject to all applicable national, international, state, and local laws and any and all applicable regulations, including the Terms. You agree that your use of the App and/or Services will not:
- Contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancelbots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, surreptitiously intercept or expropriate the Services or any system, program, data or personal information or limit the functioning of any software, hardware, or equipment or to damage or obtain unauthorized access to any data or other information of any third party;
- Impersonate any person or entity, including any of our employees or representatives;
- Violate any United States export or import laws, including, without limitation, the Export Administration Act and the Export Administration Regulations maintained by the Department of Commerce; and
- Violate any federal or state law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, or firearm sales. The foregoing list is a non-exhaustive list of prohibited goods and services.
You are responsible for the Content that you post on or through the Service and the App, including its legality, reliability, and appropriateness.
By posting Content on, or through the Service or the App, you represent and warrant that:
- You own the Content and/or you have the right to use it and the right to grant the Company the rights and license as provided in these Terms; and
- That the posting of your Content on or through the Service or the App does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone, or any entity found to be infringing on a copyright.
4. YOUR RESPONSIBILITIES.
Company reserves the right and has absolute discretion to enforce the Terms. Company may, in its sole discretion, immediately terminate or suspend: (i) The Services; (ii) A Service Agreement; and/or (iii) Access to this App, if it determines that your services, offerings or activities violate the Terms. Without limitation, Company also reserves the right to report any activity (including the disclosure of appropriate data or merchant information) that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Company also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct. If you wish to report any violations of these guidelines, please contact email@example.com.
6. MODIFICATIONS TO THE APP.
Company reserves the right to amend the Terms and modify or discontinue all or part of the App, temporarily or permanently, with or without notice, and is not obligated to support or update the App. Any amended Terms shall automatically become effective immediately after they are initially posted on this App or the Site. Your continued use of the App after the posting of the amended Terms on the App constitutes your affirmative: (a) Acknowledgement of the Terms and its modifications; and (b) Agreement to abide by, and be bound by the Terms, as amended. Should you object to any modifications of the Terms, your recourse is to immediately: (a) Terminate use of the App and/or Services.
7. LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS.
The App contains links to third-party websites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked App. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked App by Company. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
8. INTELLECTUAL PROPERTY RIGHTS.
The App is proprietary to Company. All the text, images, marks, logos and other content of the App (“App Content”) is proprietary to Company or to third parties from whom Company has obtained permission. Company authorizes you to view, download, and print the App Content provided that: (i) You may only do so for your own personal and non-commercial use; (ii) You may not copy, publish or redistribute any App Content; (iii) You may not modify App Content; (iv) You may not remove any copyright, trademark, or other proprietary notices that have been placed in the App Content by Company. Except as expressly permitted above, reproduction or redistribution of the App Content, or any portion of the App Content, is strictly prohibited without the prior written permission of Company. To request permission, you may contact Company at firstname.lastname@example.org. You represent and warrant that your use of App Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties.
The App and Services are provided on an “AS IS”/“AS AVAILABLE” basis. Company does not represent or warrant that the App or services will be available, accessible, uninterrupted, timely, secure, accurate, complete, entirely error-free or virus-free nor does Company make any warranty as to the results that may be obtained from the use of the App or services or as to the accuracy or reliability of any content or any information or products obtained through the App or that defects in the services will be corrected. You expressly acknowledge that this App and the services are computer network-based services, which may be subject to outages, interruptions, attacks by third parties and delay occurrences. In such an event and subject to the terms hereof, Company shall use commercially reasonable efforts to remedy material interruptions and will provide adjustments, repairs, and replacements, within its capacity, that are necessary to enable the App and the services to perform their intended functions in a reasonable manner. You acknowledge that Company does not warrant that such efforts will be successful. If Company’s efforts are not successful, you may terminate the applicable service agreement and cease using the App. The foregoing shall constitute your sole remedy, and Company’s sole liability, in the event of interruption, outage or other delay occurrences in the Company services. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to your use of the App or services, including, without limitation, all claims and allegations relating to the alleged infringement of proprietary rights, the alleged inaccuracy of content, or allegations that Company has or should indemnify, defend, or hold you harmless from any claim or allegation arising from your use, republication or other exploitation of the App or services. You use the App at your own risk and neither Company nor the parties who provide information and materials for publication within the App will be liable for any damages arising from your use of this App. You understand and agree that any material or data downloaded or otherwise obtained through the use of the App or the services is done at your own discretion and risk and that user will be solely responsible for any damage to its computer system, loss of service or loss of data that results from the download or use of such material or data.
Except as expressly set forth in this Section 10, Company specifically disclaims all representations, warranties, and conditions whether express or implied, arising by statute, operation of law, usage of trade, course of dealing, or otherwise, including but not limited to, warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, or title with respect to the App or services, or other services or goods provided through this App. For the avoidance of doubt, you agree that Company does not represent or warrant that the services or App will be available, accessible, uninterrupted, timely, secure, accurate, complete, or entirely error-free.
11. LIMITATION OF LIABILITY.
Company expressly disclaims any liability or loss arising from or related to the App or the services (however arising, including negligence), including without limitation, liability or loss associated with unauthorized access to any server, merchant interfaces, Apps, facilities, or your data or your customer data (including credit card numbers and other personally identifiable information) due to accident, illegal or fraudulent means, including hacking, or devices used by any third party, or other causes beyond Company’s reasonable control. You expressly agree that Company shall not be liable for any loss arising from infiltration of the services, the Company’s system or website by means of software viruses, trojan horses, worms, time bombs, or any other software programs, or technology designed or intended to disrupt, damage, intercept or expropriate the Company’s services or any system, program, data or personal information or limit the functioning of the App, services or any software, hardware, or equipment or to damage or obtain unauthorized access to any data or any information of any third party.
As a condition of use of the App and services, you agree that neither Company, nor any officer, affiliate, director, shareholder, agent, contractor or employee of Company will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the App, services or service agreements, however arising, including without limitation, the inability to use the services or for the cost of procurement of substitute goods and services or resulting from any products, services provided or obtained or transactions entered into through the App or resulting from unauthorized access to, deletion or alteration of your transmissions or data or failure of the App to store your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible property, even if Company has been advised of the possibility of such damages. The limitations set forth in this section apply to the acts, omissions, negligence, and gross negligence of Company and its affiliates, parents, subsidiaries, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents, which, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.
Except as otherwise limited, our liability and the liability of our parent, subsidiaries, officers, directors, employees and agents to you or any third parties in any circumstances shall be limited to the lesser of (a) the amount you pay the Company in the 30 days prior to the action giving rise to liability or (b) $1000 (one thousand US dollars).
15. DISCLOSURE, FORWARD-LOOKING STATEMENTS.
Certain statements that are not historical facts contained in the App may constitute forward-looking statements. Such statements include, without limitation, statements about future financial and operating performance of Company, as well as the Company’s plans, strategies, partnerships, products, service markets, growth prospects, successes, cost-effectiveness, and security of new products or services, objectives, expectations, intentions or other statements that are not historical fact. Such statements are based on the then-current beliefs and expectations of the management of the Company and are subject to significant risks and uncertainty. Actual results may vary materially from those contained in forward-looking statements based on a number of factors including, without limitation, (i) dependence on a limited number of clients, (ii) the Company’s revenue concentration in the wireless telecommunications business and the declining subscriber growth rate in that business, (iii) the adverse impact that the financial and operating difficulties of the Company’s clients may have on the Company’s future revenues, and financial and operating results, (iv) continuing rapid change in the telecommunications industry and other markets in which the Company does business that may affect both the Company and its clients, (v) potential state, federal, and international regulation of voice conferencing or other services and related compliance and operating costs, regulatory assessments, and potential suspensions of service pending compliance with such regulation, (vi) uncertainties associated with the Company’s ability to develop new products, services, and technologies, (vii) market acceptance of the Company’s new products, services, and technologies and continuing demand for the Company’s products, services, and technologies, (viii) the impact of competitive products, services, and pricing on both the Company and its clients, (ix) current and future economic conditions including, without limitation, decreases or delays in capital spending by carriers and in new subscriber growth, and global economic recession, (x) integration, employee retention, recognition of cost and other benefits and revenue synergies, and other risks associated with acquisitions, (xi) the Company’s ability to execute on its objectives, plans, or strategies including, without limitation, product or services development plans, the mobile business strategy and the plans to develop alliances and grow its client base, (xii) economic and political instability in the domestic and international markets including, without limitation, the impact of terrorist threats and hostilities and the declaration of war or similar actions, (xiii) uncertainties associated with the Company’s ability to expand into new markets including, without limitation, the mobile business market, (xiv) the impact of restructuring charges and other charges on the Company’s business and operations, (xv) the industry risks associated with The Company’s business and operations including, without limitation, illegal or improper uses of The Company’s payment system, unauthorized intrusions or attacks on The Company’s payment system that may impair the operations of its payment system, changes or failures to comply with credit card association rules, governmental regulation and the application of existing laws to The Company’s business and dependence on relationships with third party payment processors, and (xvi) the factors disclosed in the Company’s filings with the U.S. Securities and Exchange Commission including, without limitation, its most recent Annual Report on Form 10-K. The Company undertakes no obligation to update any forward-looking statements. Nothing contained in this App constitutes an offer to sell or solicitation of an offer to buy any of the Company’s securities.
16. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the App is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the App may be subject to prosecution and will be prosecuted to the full extent of the law.
17. SERVICES OFFERED BY COMPANY ON THIS APP.
When you enroll to obtain a Service from the Company, you accept the specific Terms and Conditions applicable to that Service in accordance with the terms set forth in this Agreement. Company does not warrant that any service description or content contained in this App is accurate, current, reliable, complete, or error-free.
18. TERMINATION & EFFECT.
Company may terminate access to the App and the Services, with or without cause, at any time, and effective immediately. Termination may be accompanied by a written or electronic notice to you. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is immediately to: (a) Terminate use of the App and/or Services; and (b) Notify Company of the termination. Upon termination of access to the App and/or Services, your right to use the App and/or Services shall immediately cease.
20. GOVERNING LAW & JURISDICTION.
The App is accessible in all fifty US states and other countries, and each of these places has laws that may differ from those of New Jersey and from each other. As you and the Company both benefit from establishing a predictable legal environment in which to publish, access and use the App, by publishing, accessing, and/or using this App, you and Company agree that all matters arising from or relating to the use and operation of this App will be governed by the laws of New Jersey without regard to its conflicts of laws principles. You agree that all claims it may have arising from or relating to the operation or use of this App will be heard and resolved in the courts of New Jersey. You consent to the personal jurisdiction of such courts, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objections to proceeding in such courts.
Gehtsoft USA, LLC, and all other product names referenced herein are the trademarks or registered trademarks of their respective holders. This list may be modified from time-to-time. You shall not register or attempt to register any of the Company’s marks or trademarks that would reasonably be deemed to be confusingly similar to any of the Company’s marks or trademarks. You shall comply with all standards with respect to the Company’s marks and all uses of the marks shall be consistent with Company standards. For further information on Company copyrights and trademarks, please contact the Company at email@example.com.
When you create an account with the Company, the Service, the Site or the App, you represent to the Company that you are above the age of 18, and that the information you provide to the Company is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the App or the immediate termination of the Services. You are responsible for maintaining the confidentiality of your account and password, including but not limited to, restricting access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service, the App, the Company, or a third-party service. You must notify us via e-mail sent to firstname.lastname@example.org within twenty-four (24) hours of you becoming aware of any breach of security or unauthorized use of your account.
You may not use, as a username, the name of another person or entity or that is not lawfully available for you to use, a name, or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. Such authorization must be e-mailed to the Company at email@example.com. You may not use as a username any name that is offensive, vulgar or obscene. Final determinations about the offensiveness, vulgarity, or obscenity of any username are made by the Company. Any such final determination is not subject to appeal.
The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the sole discretion of the Company.
23. DMCA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing pursuant to 17 U.S.C § 512(c)(3):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online App are covered by a single notification, a representative list of such works at that App.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You can contact our Copyright Agent via email at firstname.lastname@example.org
You retain any and all of your rights to any Content you submit, post or display on or through the Service or the App and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you, or any third-party posts on or through the Service or the App. However, by posting Content via the Service or the App, you grant the Company the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for the Company to make your Content available to other users of the Service, who may also use your Content subject to these Terms. The Company has the right to monitor and edit all Content provided by users but is not obligated to perform any such monitoring.
In addition, Content found on or through this Service is the property of the Company or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain.
25. FORCE MAJEURE.
Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company’s reasonable control.
In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Acceptable Use Guidelines and the applicable Service Agreement, the latter shall govern.
27. CONTACT US.
If you have any questions about these Terms, please contact the Company at email@example.com