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Terms Of Service

Last Updated: 28 March 2024

Introduction

Welcome to Mikrotakt. These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Mikrotakt ("Company", “we”, “us”, or “our”), concerning your access to and use of the m ikrotakt.app website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).

You agree that by accessing the Service, you have read, understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY

User Agreement

This Agreement is between Mi krotakt and you, or the entity you represent. By using the Service, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not under the age of 13; (5) not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Service through automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Service for any illegal or unauthorized purpose; and (8) your use of the Service will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Use of Service

License to Use: We grant you a limited, non-exclusive, non-transferable, revocable license to access the Service strictly in accordance with these Terms. Acceptable Use Policy: You are responsible for your use of the Service and for any use of the Service made using your account. You agree not to access, copy, or otherwise use the Service, including our intellectual property and trademarks, except as authorized by these Terms or as otherwise authorized in writing by the Company.

User Content

You may be able to upload, store, publish, display, and distribute information, text, photos, videos, or other material (collectively, "User Content") on or through the Service. You are solely responsible for an y and all User Content that you make available on or through the Service. By making User Content available on or through the Service, you represent and warrant that: (1) the User Content is yours and/or you have the right to use it and grant us the rights and license as provided in these Terms, and (2) the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

User Responsibilities

Account Security: You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of 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 or a third - party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Data Accuracy: You commit to providing current, complete, and accurate purchase and account infor mation for all purchases made via the Service. You agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Compliance with Laws: You agree to comply with all applicable laws, regulations, and guidelines in your use of the Service and your activities under these Terms.

Payments, Refunds, and Cancellation Policy

Subscription Services and Billing: Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing, payment, and billing policies applicable to such fees and charges, posted or linked on the Service. Mikrotakt may add new services for additional fees and charges or amend fees and charges for existing services, at any time in its sole discretion.

Refunds / Cancellation

All purchases are final and non -refundable. However, in the case of a defective product or service, Mikrotakt at its sole discretion may offer a refund or replacement. You may cancel your Subscription at any time; however, there are no refunds for cancellation. In the event that Mikrotakt suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any Mikrotakt Property, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else

Mikrotakt reserves the right to change its prices at any time, upon notice to you, provided that any changes will not take effect until your subscription renews.

Termination

We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Limitation of Liability

In no event will the Company or its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

The Company its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will becorrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Netherlands. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

For any questions or comments about this policy, please contact us at [email protected].