CHEQROOM Terms of Use

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This web page represents a legal document that serves as our Terms of Use and it governs the use of our proprietary software and related services, features, content, programs or applications (web-based or mobile) (collectively, “SaaS-platform”), as owned and operated by CHECKROOM. These Terms of Use specifically apply to users or visitors of our SaaS-platform (hereafter “you” or “User”).

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. These Terms of Use, along with our Terms & Conditions (where applicable), Privacy Policy http://www.cheqroom.com/privacy-policy-cookies/ and other posted guidelines within our SaaS-platform, collectively “Legal Terms”, constitute the entire and only agreement between you and CHECKROOM, and supersede all other agreements, representations, warranties and understandings with respect to our SaaS-platform and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our SaaS-platform, and you should review all Legal Terms prior to using our SaaS-platform. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By using our SaaS-platform, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our SaaS-platform. If you have already accessed our SaaS-platform and do not accept our Legal Terms, you should immediately discontinue use of our SaaS-platform.

The last update to our Terms of Use was posted on June 1, 2020.

Definitions

The terms “us” or “we” or “our” refers to CHECKROOM, the owner of the SaaS-platform.

“Agreement”: refers to the agreement your company or organization has concluded with CHECKROOM for the provision of the Service.

“Content”: means all text, information, graphics, audio, video, and data offered through our SaaS-platform, whether free to all or part of our Service.

“Customer”: means the paying company or organization that, as a customer of CHECKROOM, offers the Service to the Users.

“Intellectual Property Rights”: means all currently known or later additional (a) copyrights, neighbouring rights and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how, expertise; (d) patents, patent rights and industrial property rights; layout design rights, design rights; supplementary protection certificates; (f) trade and company names, domain names, database rights, rental rights and all other industrial and intellectual property rights or similar rights (whether registered or not); (g) all registrations, Services for registration, renewals, extensions, subdivisions, improvements or reissues relating to these rights and the right to apply, maintain and impose any of the foregoing, in any case and in any jurisdiction worldwide, for as long as this protection applies;

“Legal Terms”: refers to these Terms of Use, along with our Terms & Conditions (where applicable), Privacy Policy http://www.cheqroom.com/privacy-policy-cookies/ and other posted guidelines within our SaaS-platform

“Member Account”: refers to the account of a Member that has registered with us to use our Service.

“Member Content”: all content, data or information provided, submitted, or made available through the Service by the Member.

“Member”: means an individual that has registered with us to use our Service.

“Personal Data”: means any information about an identified or identifiable person.

“SaaS-platform”: CHECKROOM’s proprietary software and related services, features, content, programs or applications (web-based or mobile) created by CHECKROOM.

“Service”: represents the collective functionality and features as offered through our SaaS-platform to our Users.

“User”: is a collective identifier that refers to either a Visitor or a Member.

“Visitor”: means someone who merely browses our SaaS-platform, but has not registered as Member.

Use of the Service

CHECKROOM offers the Service which allows the Users to manage their equipment online via the different features of our SaaS-platform. With regard to the use of the Service, each User is obliged to:

  1. to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our SaaS-platform;
  2. refrain from manipulating the tests, in any way whatsoever or using any technique;
  3. not to send any data, messages or documents in any way via the Service, or to load any data or documents via the Service:

In order to use the Service on the SaaS-platform, you must have an internet connection. You bear sole responsibility for any telecommunications or computer network equipment required to use the Service. You are solely responsible for providing this.

CHECKROOM reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to cancelling your Member Account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Eligibility and Registration for Membership

You may view some of our Content without becoming a Member of our SaaS-platform. Your membership is not transferable or assignable and is void where prohibited. You certify that you are at least age 13 years of age or older.

During the registration process, you must provide your legal full name, a valid email address and any other information requested in order to complete the registration process.

Any registration by any Member in contravention of the above limitations is unauthorized, unlicensed and in violation of our Legal Terms. You agree to and to abide by all of the terms and conditions of our Legal Terms. CHECKROOM has sole right and discretion to determine whether to accept a Member, and may reject a Member’s registration, with or without explanation.

When you complete the registration process, you will create a password that will allow you to access our SaaS-platform. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security regarding your account or information. You agree that CHECKROOM shall not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

You also agree that the acquired login will only be used by yourself, a single login shared with multiple people is not permitted; any other use is a violation of this license and will result in the revocation of your membership.

To be eligible for any of our “CHEQROOM Academic” plans, you must be able to show evidence of current employment at a government-recognized public or private primary or secondary school, local education authority, public or private university or college, for-profit career/vocational school that grants degrees and/or certificates, or school for instrumental instruction/tuition. When you are unable to produce such proof, we reserve the right to immediately disable your membership.

When you significantly exceed the average Service usage (as determined solely by CHECKROOM) of other CHEQROOM customers, we reserve the right to immediately disable your membership.

License – Restrictions

The Service and the SaaS-platform made available by us are our exclusive property. All rights in and to the Service or the SaaS-platform not expressly granted to you in our Legal Terms are reserved by us.

CHECKROOM grants you a non-exclusive, non-transferable, revocable license to access and use our SaaS-platform strictly in accordance with our Legal Terms. Your use of our SaaS-platform is solely for the purposes stated within our Legal Terms; any other use is a violation of this license and will result in the revocation of your membership.

You, nor a third party, will under no circumstances:

  1. decompile, disassemble or reverse engineer the software, or attempt to reconstruct or discover the source code, underlying ideas, algorithms, file formats or programming interfaces of the SaaS-platform in any way;
  2. distribute, sell, rent, sublicense, lease, lend, distribute or otherwise transfer the Service and/or the SaaS-platform or any part of it to a third party, except as expressly permitted under our Legal Terms;
  3. use the Service and/or the SaaS-platform for time-sharing, hosting, providing services or similar purposes, except as expressly permitted under our Legal Terms;
  4. change, remove or make unreadable any product identification, proprietary information, copyright notices, digital watermarks or other notices in or on the Service and/or the SaaS-platform;
  5. change, modify or adapt any part of the Service and/or the SaaS-platform, create a derivative work from any part of the Service and/or the SaaS-platform or integrate the Service and/or the SaaS-platform into or with other software, except to the extent expressly permitted in writing by us;
  6. provide yourself with unauthorized access to our IT infrastructure or the structure to access the Service and/or the SaaS-platform or to use the Service and/or the SaaS-platform to perform or promote illegal activities;
  7. use the Service and/or the SaaS-platform to generate unwanted e-mail advertisements or spam;
  8. use an automatic, electronic, or manual high-volume process to access, search, or collect information about the Service and/or the SaaS-platform (including but not limited to robots, spiders, or scripts);
  9. pretend to be another person or entity;
  10. intentionally distribute worms, Trojan horses, corrupt files or other destructive or deceptive elements or use the Service and/or the SaaS-platform for unlawful, invasive, infringing, defamatory or fraudulent purposes;
  11. to remove or otherwise circumvent technical and other protective measures in the Service and/or the SaaS-platform.

We reserve the right, but have no obligation, to monitor and remove any Member Content that is deemed to violate the provisions of our Legal Terms or to be inappropriate, or that violates the rights of third parties or applicable laws or regulations.

Intellectual Property

Within the scope of the Agreement between the Customer and us, the Service and/or the SaaS-platform and all established and/or applicable, related or associated worldwide Intellectual Property Rights remain our exclusive property.

All rights in and to the Service and/or the SaaS-platform that are not expressly granted to the User in our Legal Terms are reserved to CHECKROOM. Except as expressly provided herein, no express or implied license is granted to the User with respect to the Services and/or the Platform or any part thereof, including any right to obtain any source code, data or other technical material relating to the Service and/or the SaaS-platform.

By submitting any Member Content to the SaaS-platform, you hereby grants us a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, aggregate, reproduce, distribute, display, and perform such Member Content in connection with the Service and our (and our successors’ and assigns’) businesses. The latter includes the right for CHECKROOM to use data derived from your use of the SaaS-platform, including but not limited to, information regarding the performance of Customer’s network, applications and/or systems, data about transactions in Customer’s network, and in general any data generated as a result of User’s use of the SaaS-platform (hereinafter: “Derived Data”), however solely for purposes of operating, maintaining and improving the SaaS-platform and/or Service or, if compiled into non-identifiable aggregate data, for CHECKROOM’s sales and marketing purposes.

Our SaaS-platform may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our SaaS-platform does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our SaaS-platform is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our SaaS-platform is strictly prohibited. Your use of our SaaS-platform does not grant you ownership rights of any kind in our SaaS-platform.

Privacy

Your privacy is very important to us and CHECKROOM will comply with all applicable laws when processing your Personal Data. You will always remain owner of your Personal Data. We only use your Personal Data in order to provide the Service and/or the SaaS-platform to you.

In our Privacy Policy you will find more information on how we collect and process your Personal Data.

Before using our Service, you must agree to and consent with our Privacy Policy.

Linking to Our SaaS-platform

You may provide links to our SaaS-platform, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our SaaS-platform, (b) your SaaS-platform does not engage in illegal or immoral activities, and (c) you discontinue providing links to our SaaS-platform immediately upon request by us.

Links to Other Websites

Our SaaS-platform may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. The inclusion of links within our SaaS-platform does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. CHECKROOM has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Warranty Disclaimer

CHECKROOM reserves the right to change any and all Content and features of our SaaS-platform, at any time without notice. Prior of all Services, including but not limited to annual subscription plan fees to the Service, are subject to change upon 21 days notice from us. Such notice may be provided at anytime by posting the changes to the SaaS-platform or the Service itself. Our SaaS-platform may be temporarily unavailable from time to time for maintenance or other reasons. CHECKROOM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Content. CHECKROOM is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, SaaS-platform, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to anyone’s computer, mobile phone, or other hardware or SaaS-platform, related to or resulting from using, uploading, or downloading materials in connection with our SaaS-platform. Under no circumstances will CHECKROOM be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our SaaS-platform, or for any interactions between Users of our SaaS-platform, whether online or offline.

Our SaaS-platform is provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our SaaS-platform is not claiming to be a complete patent database. CHECKROOM is not liable for the incompleteness of the data. Our SaaS-platform may contain bugs, errors, problems or other limitations. CHECKROOM, including all our affiliates, have no liability whatsoever for your use of our SaaS-platform, other than as specified in our legal terms. CHECKROOM cannot guarantee and does not promise any specific results from use of our SaaS-platform. CHECKROOM does not represent or warrant that our SaaS-platform is accurate, complete, reliable, current or error-free or that it is free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content and use industry-recognized programs to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our SaaS-platform is disclaimed. Without limiting the foregoing, you understand and agree that you use our SaaS-platform at your own risk and that you will be solely responsible for your use thereof and any damages to you, your mobile device or computer system, or other harm of any kind that may result. We, as well as all of our affiliates, are not liable for any indirect, special, incidental or consequential damages (including damages for loss of income, business, profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between you and CHECKROOM. Our SaaS-platform would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through our SaaS-platform shall create any warranty, representation or guarantee not expressly stated in our Legal Terms.

Limitation of Liability

You agree that on the basis of these Terms of Use, we can only be held liable to the extent that the damage suffered by you can be directly attributed to us. CHECKROOM, as well as all our affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:

  1. any errors in or omissions from our SaaS-platform;
  2. the unavailability or interruption of our SaaS-platform;
  3. your use of our SaaS-platform;
  4. any delay or failure in performance of our SaaS-platform;
  5. your unauthorized of our SaaS-platform;
  6. your failure to use the latest version of the our SaaS-platform made available to you or your inability to integrate or install any corrections we made to the SaaS-platform; or
  7. your failure to use the latest version of the our SaaS-platform made available to you or your inability to integrate or install any corrections we made to the SaaS-platform; or

We will not be liable in any way for any damages resulting from your acts or omissions on the basis of the Content available on the Service. Nor can we be held liable for actions, errors, omissions, representations, warranties, violations or omissions of third party independent service providers.

CHECKROOM and its affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.

CHECKROOM and its affiliates have no liability and will make no warranty or other restitution to you with regards to our SaaS-platform, other than as specified herein, for any reason, including, but not limited to, delays, cancellations, strikes, governmental issues, or force majeure.

In no event will CHECKROOM or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any losses arising from your use of our SaaS-platform, even if CHECKROOM is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, CHECKROOM’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to your ceasing use of our SaaS-platform.

Subject to the maximum extent permitted by applicable law, CHECKROOM’s liability under these Terms of Use in respect of each event (or series of connected events) of damage shall not exceed €5.000 per cause of damage.

Indemnification

You agree to indemnify, defend and hold harmless CHECKROOM and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates, from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of our Legal Terms or your use of our SaaS-platform.

Duration and Termination of Your Account

The agreement will be effective from the time the Customer, of which you are a member, subscribes to our Service and will remain in effect until it is terminated or as long as you continue to use the Service. In the event that we choose to cease supplying the Service and/or the SaaS-platform, or to grant a third party the right to supply the Service and/or the SaaS-platform, we will notify you at least three months in advance.

You acknowledge that if you violate the terms of our Legal Terms, CHECKROOM reserves the right to terminate your Member Account without notice. You may also voluntarily terminate your account, for this you are solely responsible. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking the Account link on the settings page.

If the Agreement between CHECKROOM and the Customer is terminated for whatever reason, your Account will be terminated as well.

We may at any time terminate or suspend your use of the Service and/or the SaaS-platform immediately, without prior notice or liability, in our sole discretion, for any reason and without limitation, including but not limited to a breach our Legal Terms.

You understand that if your account is terminated, you will lose access to our Service and any Member Content you have provided. You understand that we are not required to provide you with copies of such Member Content nor continue to maintain copies of such Member Content on our SaaS-platform.

Updates and Changes

We reserve the right to at any time, with or without reason and without prior notice to or liability to you:

  1. amend, supplement or change our Legal Terms;
  2. change the Service and/or the SaaS-platform. This also includes the removal or discontinuation, temporarily or permanently, of any service or other characteristic of the Service and/or the SaaS-platform without any liability of CHECKROOM towards the User or any third parties; and/or
  3. reject or discontinue your use of and/or access to the Service and/or the SaaS-platform in whole or in part, temporarily or permanently.

Any such changes, additions or modifications to the Legal Terms, the Service and/or the SaaS-platform will become effective immediately upon being made available on the SaaS-platform or upon notification to you.

By continuing to use the Service and/or the SaaS-platform, you agree to the changes, additions or modifications made to our Legal Terms, the Service and/or the SaaS-platform.

You do not have the right to modify, supplement or amend our Legal Terms in any way.

With respect to changes, additions and/or modifications to our Privacy Policy, you will be notified separately in accordance with our Privacy Policy.

Support

If you need technical support, please contact support@cheqroom.com. We will use reasonable efforts to answer your questions in the shortest possible time and to resolve your technical problems with our Service and/or the SaaS-platform.

General Terms

Applicable law and competent court. Our Legal Terms shall be treated as though it were executed and performed in Ghent (East-Flanders, Belgium) and shall be governed by and construed in accordance with the laws of Ghent (East-Flanders, Belgium), without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our SaaS-platform, must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Severability. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our SaaS-platform conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence.

No waiver. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of CHECKROOM under our Legal Terms shall survive the termination of our Legal Terms.

Force majeure. We will not be liable for any failure or delay in the performance of our obligations with respect to the Service and/or the SaaS-platform if such failure or delay is due to causes beyond our control, including but not limited to force majeure, war, strikes, lockouts, riots, epidemics, fire, line of communication failures, power outages, earthquakes, other catastrophes, unauthorised access to our information technology systems by third parties or for any other reason if our failure to comply with the obligations falls outside our reasonable control.

Assignment. We may freely transfer or assign all or part of the rights and obligations described in our Legal Terms without your consent and without notice to you.

You may not transfer these Legal Terms or any of your rights and obligations under our Legal Terms without our prior written consent.

Our Legal Terms are binding on and for the benefit of the parties and their respective successors and assigns.

Notices. All our notices intended to be received by you will be deemed delivered and effective when sent to the email address you provided when subscribing to our Service. If you change this e-mail address, you will also need to change your e-mail address on the settings page in our SaaS-platform.

Survival. All provisions regarding indemnification, warranty, liability, and limits thereon, and protections of proprietary rights and trade secrets shall survive the termination of these Terms of Use.

If You have any further questions about our Service or our Legal Terms, please contact us at the following address: legal@cheqroom.com.

These Terms of Use are provided electronically on our SaaS-platform: .