Please read these Terms and Conditions and Acceptable Use Policy carefully before using the site.
What's in these terms?
These terms tell you the rules for using our website www.impactrapp.com (our site). They also include our acceptable use policy which sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
Who we are and how to contact us
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
This Terms and Conditions and Acceptable Use Policy refers to the following additional terms (collectively, Terms), which also apply to your use of our site:
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
We may make changes to our site
We may update and change our site from time to time. We will try to give you reasonable notice of any major changes.
We may suspend or withdraw our site
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You may use our site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our Terms.
Not to access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
Impactr will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in Denmark and in any country from which it is posted.
A Contribution must not:
Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from IMPACTR, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in in these Terms.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these Terms.
You are solely responsible for securing and backing up your content.
Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the following rights to use that content:
LICENCES GRANTED TO THE WEBSITE OWNER.
LICENCES GRANTED TO OTHER USERS OF THE SITE OR TO THIRD PARTIES.
How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users please contact us on firstname.lastname@example.org
Our responsibility for loss or damage suffered by you
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in these Terms.
If you wish to link to or make any use of content on our site other than that set out above, please contact email@example.com
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate
Which country's laws apply to any disputes?
If there you have any concerns and a dispute arises we hope that our customer support team is able to resolve your concerns.
In the unlikely event that our customer support team is unable to resolve your concerns the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis.
Intellectual Property Rights
All intellectual property rights to Impactr and the goods and services of Impactr including copyright, trademarks and other registered and unregistered intellectual property rights that are incorporated or used in Impactr’s goods and/or services, belongs solely to Impactr, their subcontractors or third party.
The Agreement between the Parties does not entail a whole or partial assignment of ownership of any rights to the user or customer, unless expressly stated otherwise in writing.
Impactr is entitled to use any general knowledge, including information technology, ideas, concepts, know-how or techniques that Impactr obtains in relation to delivery of Impactr’s goods and/or services to the user or customer. Impactr is entitled to develop, manufacture, deliver and negotiate identical or similar software in relation to third parties.
Please read these Terms and Conditions before using the app.
These Terms and Conditions create an agreement between you and Impactr (“Impactr”) (hereinafter referred to by name or as “us”, “we”, “our”). These Terms and Conditions govern your use of the test version of the IMPACTR app (“the Software”), including any and all related components and documentation.
1.1 By accepting these Terms and Conditions and continuing to download and install the Software, you agree to be bound by these Terms and Conditions and hereby enter into a legally binding Agreement with us.
1.2 If you do not agree to these Terms and Conditions, you will not be permitted to download, install or use the Software.
2.1 Unless the context otherwise requires, each reference in these Terms and Conditions to:
- 2.1.1 “writing”, and any related expression, includes a reference to any communication effected by electronic transmission or similar means;
- 2.1.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
- 2.1.3 “these Terms and Conditions” is a reference to these Terms and Conditions;
- 2.1.4 a Schedule is a schedule to these Terms and Conditions; and
- 2.1.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions; and
- 2.1.6 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
2.2 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
2.3 Words imparting the singular number shall include the plural and vice versa.
2.4 References to any gender shall include all genders.
3. Licence and Use of Software
3.1 You are hereby granted a non-exclusive licence to use the Software subject to these terms and conditions.
3.2 This licence entitles you to download, install and use the Software for testing and evaluation purposes.
3.3 You may not:
- 3.3.1 Modify the Software in any way;
- 3.3.2 Reverse engineer, decompile or disassemble the Software;
- 3.3.3 Create derivative works based on the Software;
- 3.3.4 Reproduce the Software (subject to the right to make additional copies of the installation package for installation and use of the Software on additional computers in accordance with these Terms and Conditions);
- 3.3.5 Resell the Software; or
- 3.3.6 Sub-licence the Software.
4. Disclaimer of Warranties and Liability
4.1 The Software is currently in development and is released solely for the purposes of testing. You hereby acknowledge that the Software is not a finished product and as such may contain defects. The Software is provided “as is”.
4.2 We make no representation or warranty that the Software will meet your requirements, be of satisfactory quality, be fit for a particular purpose, be compatible with all combinations of operating system and hardware versions, or will be secure.
4.3 You acknowledge that use of the Software may lead to data loss or other damage to your iOS/Android device or the data held thereon.
4.4 You acknowledge that your use of the Software is at your own risk.
4.5 We shall not be liable for any direct, indirect, consequential or incidental loss or damage of any kind resulting from or relating to the Software or its use.
5. Test Period
5.1 The Test Period shall continue until 2020-12-01.
5.2 The Test Period may be extended, reduced or terminated immediately at our sole discretion.
6. Software Updates
6.1 We may from time to time during the Test Period release updates for the Software. You will either be notified by email of their availability and be provided with a URL for downloading; or the Software will automatically download and install the updates (unless you have disabled automatic updates).
6.2 You are under no obligation to install updates, however it is preferred that you do so as this enables us to collect up-to-date data on the performance of the Software and any updates that we issue.
No specific technical support is provided for the Software. You are free to submit general enquiries to us, however we are under no obligation to answer them or to provide support for the Software.
8. Reporting and Feedback
8.1 You will not be formally requested to submit feedback to us, however you will be given the opportunity to provide comments, suggestions and comments on the performance of the Software both during and after the Test Period.
8.2 You hereby acknowledge that upon submitting feedback to us you automatically grant us a worldwide, perpetual, irrevocable, royalty free licence to use that feedback in any way we deem appropriate including, but not limited to:
- 8.2.1 The use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of the feedback; and
- 8.2.2 The creation, use, publication, distribution, transmission, broadcasting, licensing, sub-licensing, leasing, lending and sale of any derivative works based upon the feedback.
8.3 Our use of the feedback shall not bestow any rights or interests upon you whatsoever.
9. Data Protection
9.1 When downloading the Software you may be required to provide certain personal information including, but not limited to, your name and email address. Under certain circumstances we may also obtain details about you computer’s system configuration and its IP and MAC addresses.
10.1 Your licence to use the Software shall terminate at the end of the Test Period.
10.2 We reserve the right to terminate prior to the end of the Test Period if you commit a material breach of these Terms and Conditions.
10.3 We reserve the right to terminate the Test Period in accordance with sub-Clause 5.2 in which case your licence to use the Software shall also terminate.
10.4 Any and all obligations which either expressly or by their nature continue beyond the termination, cancellation or expiration of the Test Period or your licence shall survive termination under this Clause 10.
11. Relationship of Parties
Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between you and Impactr.
In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13.1 We may modify the Software and / or these Terms and Conditions at any time. In the event that modifications are made, we will send you an email detailing the modifications.
13.2 If you do not agree to be bound by any modified terms and conditions we may introduce, you should immediately cease using the Software upon publication of those terms and conditions.
14. Law and Jurisdiction
14.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of Denmark.
14.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of Denmark.