Terms of Use

Effective date: 30 June, 2020

Augative is a brand of software owned and managed by:

Dev Technic OU (Augative) Physical Address: Kuuse 2, Keila linn, Harju maakond, 76607, Estonia.

The word “Augative” is used as a representation of Dev Technic OU in this document.

This document is an agreement between You and Augative that describes the terms of service (“TOS”) for which You may use the services offered on the websites, web pages and software owned and operated by Augative or its subsidiaries (collectively, the “Augative Sites and Software”). Examples of Augative Sites and Software include the internet domains Augative.com, core.augtool.com, YOURDOMAIN.augtool.com and others. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SOFTWARE OR SERVICES OFFERED BY THE Augative Sites and Software, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT APPLY.

Please note that Augative reserves the right to revise these site TOS at any time by posting an update to this page. Your continued use of the Augative Sites and Software or Services following the posting of changes to these TOS will mean You accept those changes.

Augative reserves the right, in its sole discretion, to determine if You have violated these site TOS, and to take any action it deems appropriate.

You acknowledge that Augative shall have the right to terminate Your access to the Augative Sites and Software or Services for violations of any of these rules, including repeat infringement of copyrights.

The Augative Privacy Policy and Support Guidelines are incorporated by reference to this TOS.

Your Use & Conduct

Personal, Non-Commercial Use: The Augative Sites and Software are made available for Your personal, non-commercial use only. Except as provided by specific terms governing a specific service, product, or information, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or services obtained from the Augative Sites and Software.

No Unlawful or Prohibited Use: You agree that You will not use the Augative Sites and Software or the information, products, or services available from them for, or to further, any unlawful purpose. Additionally, You will NOT:

  • 1. Upload, post, email, transmit, or otherwise make available any content that:
    • Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful to another party;
    • You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • Infringes any patent, trademark, trade secret, copyright, or other intellectual property right of another party;
    • Is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” website links, or any other form of content for the purpose of solicitation;
    • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
    • Consists of forged or manipulated information that disguises the true origin of any content You provide; or
    • Impersonates another person or entity, including, but not limited to, a Augative employee, forum leader, guide or host, or falsely states or otherwise misrepresents Your affiliation with a person or entity.
  • 2. Collect or store personal data about other users in connection with any prohibited conduct and activities;
  • 3. Use the Augative Sites and Software in any manner that could damage, disable, overburden, or impair any Augative server, or network(s) connections; disobey any requirements, procedures, policies, or regulations of networks connected to the Augative Sites and Software; or interfere with any other party's use and enjoyment of the Augative Sites and Software;
  • 4. Attempt to gain unauthorized access to any Augative Site content, other accounts, computer systems, or networks connected to any Augative server through hacking, password mining, scraping, or by any other means to obtain any materials or information not intentionally made available on the Augative Sites and Software;
  • 5. Intentionally or unintentionally violate any applicable local, state, national, or international law.

User Submissions: Certain Augative Sites and Software enable users to submit content or other information that will be made available to other users of the Augative Sites and Software (e.g., a forum or blog site). You understand and agree that Augative: (a) is NOT responsible for the content of user submissions, (b) has no obligation to remove any user-submitted content, and (c) has sole discretion to determine whether any user-submitted content violates the Augative Sites and Software TOS and to take action or inaction based on that determination.

If You submit content or information to a Site or Service that makes Your content available to other users, You represent and agree that:

  • 1. Your content in not prohibited by these TOS;
  • 2. You are solely responsible for the form, content, and accuracy of any material You submit to a Augative Site;
  • 3. You are granting Augative a royalty-free, perpetual, irrevocable, non-exclusive license (including a waiver of any moral rights) under Your intellectual property rights to use, reproduce, modify, adapt, translate, publish, display, and redistribute Your content (in whole or in part) worldwide, and to incorporate Your content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content; and
  • 4. Augative is not obligated to exercise the rights You granted above.

Content

Augative Intellectual Property Rights: All content and services on the Augative Sites and Software, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, software, and other website materials (the “Materials”) are the intellectual property of Augative, its licensors, or other vendors. The Materials are protected by South Africa and foreign intellectual property laws. Except as stated herein, none of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of Augative.

Augative Trademarks and Brands: Augative, the Augative logo, and other marks related to Augative products and services (“Augative Marks”) are the exclusive and valuable property of Augative or its subsidiaries. The Augative Marks can only be reproduced or displayed with specific written permission from Augative.

Limited Copyright Permission: Subject to the terms of an applicable software or service license or other written agreement, Augative grants You permission under its copyrights to display, copy, or download the Materials from a Augative Site for personal, non-commercial and informational use only, provided that You DO NOT:

  • Modify the Materials;
  • Remove or alter any copyright or other proprietary notices contained in the Materials;
  • Frame or utilize framing techniques, to display the Materials at a domain not owned by Augative; or
  • Use any Augative-owned mark or product name as a meta-tag or other “hidden text” for search engines in a manner that does not inure benefit to Augative.

Translations: Where Augative has provided a translation of the English-language version of a Augative Site, these TOS, or other Materials, You agree that: (a) the translations are only for Your convenience; (b) the English-language version governs Your use of the Materials provided by Augative; and (c) the English-language version shall take precedence in the event of a conflict between the English-language version and the translated version (except as prohibited by local law).

Third-Party Content and Links: Certain Augative Sites and Software may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for Your convenience in making this third-party content available or accessible to You, You acknowledge that Augative is not responsible for the third-party content. You also agree that Augative IS NOT responsible or liable for any losses or damages You experience with any third-party content You chose to rely upon or advertisements You respond to, and that You must contact the third party directly for any remedies that may be available to You.

Augative Sites and Software Disclaimers

NO WARRANTY: The Augative Sites and Software and the information provided therein are for the convenience of users of the Augative Sites and Software and for customers and potential customers of Augative, its products, or its services. The information provided on the Augative Sites and Software and the products and services described on the Augative Sites and Software are subject to change without notice. Augative DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE Augative Sites and Software. EXCEPT AS PROVIDED BY THE TERMS OF AN APPLICABLE END-USER LICENSE AGREEMENT OR OTHER WRITTEN AGREEMENT SIGNED BY Augative, THE Augative Sites and Software, SERVICES, AND SOFTWARE ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Augative DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Augative Sites and Software AND SOFTWARE DOWNLOADED THEREFROM, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE Augative Sites and Software, SERVICES, OR SOFTWARE. Augative DOES NOT WARRANT THAT THE Augative Sites and Software, SOFTWARE, OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE Augative Sites and Software ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE, SERVICES, OR SOFTWARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, Augative, ITS AFFILIATES, AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR THOSE COSTS.

LIMITATION OF LIABILITY: Except as provided by an applicable End-User License Agreement or other written agreement signed by Augative, UNDER NO CIRCUMSTANCES IS Augative, ITS AFFILIATES, SUBSIDIARIES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORSEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION SERVICES OR SOFTWARE AVAILABLE ON THE Augative Sites and Software. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ANY OTHER LEGAL THEORY EVEN IF Augative HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

The above limitation applies to Your use, misuse, or reliance upon the Augative Sites and Software, including, without limitation, damages You may incur because of third-party services or other services or goods received, such as third-party services or goods received by, advertised on, or linked to the Augative Sites and Software.

General Provisions

Governing Law: These TOS and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of South Africa, without giving effect to its conflict of laws provisions or Your actual state or country of residence, and shall not be governed by the provisions of the United Nations Convention on Contracts for the International Sale of Goods, the Brussels or Lugano Conventions, or the Rome or Rome 1 Conventions. If for any reason, a court of competent jurisdiction finds any provision or portion of these TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.

Force Majeure: Under no circumstances shall Augative, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.

Entire Agreement: Except as provided by an End-User License Agreement or other written agreement signed by Augative, these TOS constitute the entire agreement between You and Augative with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.



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