Nutzungsbedingungen Taqt

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Welcome to Taqt.com. We are Taqt. ("Taqt", our, "nos" or "we").
You wish or collaborate with us, thank you very much for your interest!

Your access to and use of all products and services sold or otherwise provided as part of our solutions (collectively, the "Products" and the "Services, "respectively) and Sites (as defined below) are subject to the terms and conditions set forth in these Taqt Terms of Service (the "terms")

BY CLICKING ON "I AGREE" OR ACCESSING AND USING THE PRODUCTS, SERVICES AND/OR SITES, YOU AGREE TO ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, DO NOT CLICK ON "I AGREE" AND DO NOT ACCESS OR USE THE PRODUCTS, SERVICES OR SITES.

Taqt reserves the right, in its sole discretion, to modify, amend or supplement any term or condition of these Terms at any time, with or without notice, by posting such modifications, amendments and/or supplements here. If you continue to use the Services after such modifications, amendments or supplements have been made, then you agree to be bound by them.

  1. Scope of Services: Taqt provides access to the Services through : (i) websites, including, without limitation, those located at Taqt.com and related domains (each, a "Site", and all, collectively, the "Sites"), and (ii) software that may be downloaded to a mobile device (each, a "Mobile App", and collectively, the "Mobile Apps"). Certain additional fee-based services or features that Taqt may offer (such as additional data storage in the cloud and other premium subscription services) may have additional or different terms and conditions. Taqt only offers the ability to access and/or use the Services, Sites and Mobile Apps, and does not sell or transfer ownership to any of them.
  2. Subscriber declaration; registration and user accounts: You represent and warrant that : (i) if you are an individual, you are at least 18 years of age and otherwise have the legal capacity in all respects to enter into and be bound by these Terms ; or (ii) if you are an entity, (A) you are a legal entity in good standing, (B) you have full legal authority and power to enter into and be bound by these Terms, (C) the natural person who has clicked "I agree" to accept these Terms has full authority to do so, and you hereby bind your entity and all natural persons employed or engaged by your entity who may use the Services, the Sites and/or the Mobile Applications.

As part of the registration process used by Taqt to enable you to create an account in order to access and use the Services, you must submit certain information as requested, such as your name, email address, telephone number, zip code and address. During setup, you may be asked to provide optional additional information that is not required to create an account but may be necessary to provide you with full services, to offer you a trial of paid services or other subscription-only services, or that may be useful to Taqt to provide you with a more personalized experience. This information could include, for example, payment information.

As part of the registration process, you will create a password that will allow you to log in to the Services. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You agree not to share your password, allow others to access or use it, or do anything else that could compromise the security of your password. All information you provide when registering for an account or otherwise through the Sites and/or mobile applications must be accurate, complete and current. You may change, correct or delete any information in your account either by logging directly into your account and making the desired changes, or by contacting the Taqt' support team.

  1. Authorization to submit data from devices to the Services; license for such data: The Services collect, analyze and store data submitted from your IoT devices, including, without limitation, mobile devices (collectively, "Devices") that are configured by you and connected to the Services to submit such data to the Services. You represent and warrant that you have full legal authority to submit data and information from any Device that you connect to the Services. By using the Services and submitting such data from any device, you hereby grant Taqt a worldwide, perpetual, royalty-free license to use, reproduce, distribute copies, create derivative works and publicly display the information in connection with your use of the Services. Taqt is not responsible or otherwise liable for data submitted to the Services from devices, except as expressly provided in these Terms.

Taqt does not verify the accuracy or ownership of data or information transmitted from devices to the Services. You are solely responsible for determining: (i) the identity of the persons to whom you grant access to the Devices, and (ii) the type, character, quantity and nature of data submitted by the Devices to the Services.

We may debit your credit or debit card or your account for your first fee for a Subscription Service on the date we process your order for that Subscription Service, and thereafter on each monthly or annual anniversary. We may also obtain pre-approval for up to the amount of the transaction. Once your payment method is billed for the first subscription service, we will send you a confirmation email to the email address you provide. If you have any dispute regarding these charges or your request for them to recur, you must notify us in accordance with Section 5.

You acknowledge and agree that the amounts billed in each billing period for Subscription Services may vary for reasons that may include different amounts due to promotional offers or changes in services or subscription prices. You authorize Taqt to bill your payment method for these varying amounts, or to provide you with a credit, on your next billing cycle.

YOU RECOGNIZE AND AGREE THAT : (I) TAQT RESERVES THE RIGHT TO AUTOMATICALLY RENEW EACH SUBSCRIPTION SERVICE THAT YOU PURCHASE, ON EACH MONTHLY OR ANNUAL ANNIVERSARY OF THE DATE ON WHICH TAQT FIRST INVOICES YOU FOR THE SUBSCRIPTION SERVICE; AND (II) TAQT SHALL HAVE THE RIGHT TO CHARGE YOU THE APPLICABLE MONTHLY OR ANNUAL SUBSCRIPTION SERVICE FEE AND ANY SALES OR SIMILAR TAXES THAT MAY BE IMPOSED ON SUCH FEE, UNLESS YOU CANCEL PRIOR TO THE RENEWAL DATE.

If Taqt is unable to successfully charge your payment method for any fees due, Taqt reserves the right to revoke or restrict access to the Services, delete your stored content and/or terminate your account. If you wish to designate another payment method, or if there is a change in the status of your payment method, you may change your payment method by logging into your account and making any payment related changes to your account profile. You hereby acknowledge and agree that such changes may be made: (i) temporarily disrupt the Services while Taqt verifies your new payment information; and (ii) result in a change in the billing date of your payment.

Your access to the Subscription Services may begin with a free trial for a limited period of time. If you receive a free trial, the specific terms and conditions of the offer will be as set forth in the materials describing the free trial offer. Free Trials are reserved for new Taqt customers only. You may not combine free trials with other offers. Taqt reserves the right to determine and limit eligibility for any free trial. Once your Free Trial period has ended, we will begin charging your payment method for the monthly or annual Subscription Service fee for the Subscription Service(s) corresponding to the Subscription Service(s) you selected at the time of purchase (plus applicable taxes), unless you cancel in a timely and proper manner. For this reason, you may be required to set up a valid payment method for the continuation fee when redeeming a free trial offer. If you wish to avoid the charges associated with your payment method, you must cancel subscription services by the last day specified in the terms and conditions applicable to your free trial period.

  1. Orders, Returns, Cancellations and Refunds:

Taqt will package and ship each product that includes hardware ("Hardware") in accordance with our standard practices and the rules of our shipping partners. We will charge you for shipping and handling. Scheduled shipping dates are estimates only and, while Taqt makes commercially reasonable efforts to meet scheduled shipping dates, Taqt shall not be liable for any loss, damage or penalty resulting from late shipment or delivery.

If you wish to cancel an order that Taqt has not yet fulfilled, or if you are not satisfied with the material for any reason within thirty (30) calendar days of the original purchase date and wish to schedule a return (including to receive a refund of the purchase price), please contact us by email at support@taqt.com or by phone at (+33) 1 80 91 98 67 with your order details.

  • Contact Taqt with the details of your order within thirty (30) calendar days from the date of your initial order, either in writing (by e-mail at support@taqt.com) or by phone at (+33) 1 80 91 98 67, and obtain a Return Merchandise Authorization (RMA) from Taqt;
  • Send the material with all parts/components included in your original shipment, each in its original packaging, to the shipping address listed below using a shipper that provides you with a shipment tracking number (i.e. FedEx, UPS, DHL); and
  • Attach to your return shipment the valid RMA number provided by Taqt, clearly visible on the outside of the returned package.

Taqt reserves the right to reject and either dispose of or return to you, at your expense, any return that does not comply with the instructions specified above. RMA requests received by Taqt more than thirty (30) calendar days after the original purchase date of the equipment purchased may be evaluated on a case-by-case basis, subject to approval by Taqt management and a restocking fee.

Customized, modified and/or altered products are not eligible for return or refund.

Shipping address for returns

Taqt

Attention : Service Logistique

257 Grande Rue de la Guillotière

69007 Lyon

FRANCE

Tel: (+33) 1 80 91 98 67

YOU CAN CANCEL YOUR AUTOMATIC RENEWAL FOR SUBSCRIPTION SERVICES AT ANY TIME ON THE WEBSITE OR BY CONTACTING US BY EMAIL AT : support@taqt.com Unless otherwise specified, all fees paid by you prior to your cancellation are non-refundable (unless otherwise expressly permitted in these terms and conditions or required by law), including, without limitation, any fees paid in advance for the billing cycle during which you cancel. Cancellation after the Cancellation Deadline does not relieve you of the obligation to pay any accrued fees or charges that you have agreed to pay and that you have not cancelled in a timely manner. In the event of cancellation of the Subscription Services, you will lose access to the benefits to which you previously had access, and Taqt will have the right to delete the information and data stored under your account.

  1. Hardware Warranty:

For one (1) calendar year from the date of your initial order, Taqt warrants to you (and not to any third party) that the hardware manufactured by or for Taqt that you have received from Taqt (as opposed to a third party) will be free from defects in materials and workmanship, subject to the following conditions: (i) this equipment has been used only in a normal manner and in accordance with all technical specifications and/or user manuals accompanying this equipment; and (ii) this equipment is associated with an active, fully paid subscription to the services you purchased.

For any violation of this limited equipment warranty, you must contact Taqt within one (1) calendar year from the date of your initial order in accordance with the contact instructions set forth in Section 5.

This limited hardware warranty does not apply : (i) to consumable parts, such as batteries, unless the failure is due to a defect in the material or workmanship of the equipment itself; (ii) to cosmetic damage, including, without limitation, scratches, dents and plastic breakage on ports ; (iii) defects or damage caused by misuse, accident (including, without limitation, collision, fire and spillage of solids or liquids), negligence, abuse, alteration, unusual stress, modification, repair, installation, testing or improper or unauthorized storage ; (iv) damage caused by operation outside of the authorized or intended uses for the hardware described by Taqt; (v) damage caused by use with non-Taqt products or services; or (vi) any software, even if packaged or sold with the hardware.

Consumers in certain jurisdictions may have legal rights under applicable national laws governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Physical Warranty.

  1. Conditions for Equipment Loaned or Leased

If Taqt has loaned and/or leased Equipment to you, acknowledge and agree that your possession of such Equipment is subject to a bail bond, pursuant to which you : (i) keep possession of the Equipment in trust for Taqt; (ii) bear all risks of loss of the Equipment as soon as you receive it under your control; and (iii) exercise reasonable care with the Equipment, and be responsible for any damage, destruction, loss and/or theft thereof.

Taqt reserves the right, at any time, and with or without notice or other obligation to you of any kind, to : (i) stop production or distribution and/or recall any loaned and/or leased equipment; and (ii) change the design or specifications of such equipment. Accordingly, and with Taqt's permission,, upon expiration or termination of these Terms for any reason, you will immediately cease using, and promptly return any loaned and/or leased Materials specified by Taqt, in the same manner as described in Section 5.

Upon expiration or termination of these Terms for any reason, you will immediately cease using, and promptly return any loaned and/or leased Materials specified by Taqt, in the same manner as described in Section 5.

If any Loaned and/or Rental Material is stolen, lost, damaged beyond the point of use or destroyed during use, you shall promptly notify Taqt in writing, providing details of such event, including an identification of the relevant Loaned and/or Rental Material.

Between Taqt and you : (i) Taqt will retain all undivided copyright, patents, trade secrets, trademarks and trade name rights, and all other rights and interests, in and to the Materials, including, without limitation, all packaging designs, logos, slogans, advertising, promotional materials and all other materials of Taqt; and (ii) you will not have or acquire any right or interest therein under any circumstances except as expressly and unambiguously provided in these Terms.

  1. Third party products and services: Use of the full functionality of the Services may require you to use one or more third party products or services, including, without limitation, open source or third party software that is separately licensed under the terms of various separate license agreements ("Other software"). For example, some of the features of the Services may use the Google Maps Geocode API. You decide which third-party products or services, if any, you wish to use. Other software is licensed to you under the terms of applicable third-party license agreements (the "Other Software Terms"). The intellectual property rights in the Other Software are owned by the copyright holders set forth in the Other Software Terms of Use. Nothing in these terms and conditions limits your rights or grants you rights that supersede the terms and conditions of any Other Software applicable to the Other Software. Your express consent and authorization may be required for any third party product or service, including, without limitation, the Other Software. Once your consent is given for a particular third party product and service, including, without limitation, the Other Software, Taqt may exchange information and data about you and your use of the Services in order to enable the interface you have authorized to work with the Services. Once such information is shared with the particular third party product or service, its use will be governed by the third party's privacy policy and terms of service.
  2. Cookies : Sites use "cookies". Cookies are small text files that reside on your computer and identify you as a unique user. Among other things, cookies allow us to measure site activity and personalize your experience. For example, cookies allow us to remember your viewing preferences without you having to re-enter a username and password. If you wish, you can set your browser to reject cookies, or you can manually delete some or all cookies from your computer by following the instructions in your browser's help file. However, if you reject or delete cookies, you may have difficulty accessing and using some of the services. We also use other common information-gathering tools such as web beacons and embedded web links. For example, if you are a registered user, you may be able to access and use our services by using the following options:
  3. Additional Rights GDPR. Parties may be subject to additional conditions under the general data protection regulation (EU Regulation 2016/679). These conditions can be found in the data processing addendum, which is incorporated here by reference and forms an integral part of the general terms and conditions, insofar as they are applicable. In the event of any conflict or inconsistency between the Data Processing Addendum and the General Terms and Conditions, the Data Processing Addendum shall prevail.
  4. License and restrictions of the Services; intellectual property rights As long as you pay all amounts due to Taqt in connection with your purchase of a license to access the Services and for not violating these Terms, Taqt grants you a limited, revocable, non-exclusive and non-transferable license to access and use the Services that you purchase. You will not, directly or indirectly, do any of the following: (i) modify, disassemble, decompile or reverse engineer any technology infrastructure underlying the Services, including, without limitation, sites, mobile applications and/or any loaned and/or leased equipment; (ii) rent, lease, loan, resell, sub-license, distribute or transfer the Services to a third party or use the Services and/or any loaned and/or leased equipment on a time-sharing basis or provide any security or other services for a third party; (iii) make copies of the technology infrastructure underlying the Services, including, without limitation, sites, mobile applications and/or firmware of any loaned and/or leased equipment; (iv) remove, bypass, disable, damage or otherwise interfere with the security features of the Services and/or any loaned and/or leased equipment; (v) remove copyright notices or other proprietary rights from the Services, the Sites, the Mobile Applications and/or any Materials; (vi) attempt to access, monitor or use the Services accounts or information of other customers; (vii) access the Services in order to create a similar or competitive product; (viii) upload, transmit or distribute computer viruses, worms or software designed to damage or alter any computer or communications network, computer, handheld mobile device, data, the Services, the Sites, the Mobile Applications and/or any other property; (x) interfere, disrupt or attempt to gain unauthorized access to servers or networks connected to the Services; or (xii) violate any applicable law or regulation.

Taqt is the exclusive owner of the rights and interests in the Taqt® trademark in Europe, the United States and abroad. Other trademarks, names and logos appearing on or available through the Services are the property of Taqt or their respective third party owners. Except as otherwise provided in these Terms, all technology and intellectual property available or appearing on or through the Services, including, without limitation, the Sites, mobile applications, information, software, documents, services, content, site design, text, graphics, logos, images and icons, are the exclusive property of Taqt or its licensors. All rights not expressly granted herein are reserved by Taqt.

  1. System Requirements: You are responsible for ensuring that you have all software, hardware and other system components required for your use of the Services and that they are compatible and properly configured. You acknowledge that Taqt cannot provide the Services properly if requirements and compatibility are not met. You must have a working cell phone and/or internet connection, a supported device (to use a Site and/or mobile application) and other hardware, software, equipment or items specified by Taqt. We recommend a high-speed internet connection with a bandwidth of at least 1 Mbps upstream, although lower upstream speeds may also be sufficient. Taqt reserves the right to change the minimum system requirements at any time.
  2. Security; Privacy; Electronic Communications: Taqt is concerned about the integrity and security of its users' personal information. Nevertheless, Taqt cannot guarantee that unauthorized third parties will never be able to defeat Taqt's security measures. You acknowledge that you provide your personal information, and that your use of the Services is at your own risk. Learn how we treat your information when you use the Services by reading our Privacy Policy. We encourage you to read our Privacy Policy carefully because, by using the Services, you agree that Taqt may collect, use and transfer your data in accordance with this Privacy Policy. By using the Services, you consent to receive electronic communications related to the Taqt Services, which may include notices of applicable fees, transactional information and other information related to the Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically satisfy all legal requirements, including, without limitation, that such communications be in writing.
  3. Support: Unless Taqt expressly agrees otherwise in writing, Taqt is not obligated to provide you with technical support services relating to the Products or Services; however, you may order support services for an additional fee (or as expressly provided elsewhere in the Agreement) that Taqt may offer from time to time.

These terms and conditions remain in effect while you access and use the services. At any time, Taqt may suspend or terminate your rights to access or use the Services, or terminate these Terms, if Taqt believes that you have used the Services in violation of these Terms. Upon termination of these Terms, your right to use the Services will automatically terminate. Proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, applicable law and jurisdiction and general provisions shall survive any termination of these Terms.

  1. Mobile Applications: Taqt does not warrant that the Mobile Applications will be compatible with all mobile devices. Other applications may interact with mobile applications in unpredictable ways, and Taqt does not guarantee against malfunctions or errors caused by such interactions. Taqt grants you a limited, revocable, non-exclusive and non-transferable license to use a copy of the object code of the mobile applications for an account registered on a mobile device that you solely own or lease for your personal use in connection with the Services. Taqt and its licensors or third party providers retain all rights and interests in and to the mobile applications. Operator standard data charges may apply to your use of mobile applications. The following additional terms and conditions apply to mobile applications:
  • You acknowledge that these terms and conditions are solely between you and Taqt, and not Apple, Inc. ("Apple") or Google, Inc. ("Google").
  • By using the Apps, you will comply with the Apple App Store Terms of Use and the applicable Google Play Terms of Use.
  • Taqt is solely responsible for mobile applications and services. You acknowledge that Apple and Google have no obligation to provide maintenance and/or support services with respect to the Apps.
  • Apple, the Apple logo and iPhone are trademarks of Apple, Inc. registered in the United States and other countries. App Store is a service mark of Apple, Inc. Android is a trademark of Google, Inc.
  • Although the services are available worldwide, they are not available to all people or in all countries. If you access or use the Services from a country that is not supported, you do so on your own initiative and are solely responsible for compliance with applicable local laws.
  1. EXCLUSION OF WARRANTIES:
  2. LIMITATION OF LIABILITY: TAQT WILL NOT BE LIABLE FOR FAILURE OR DELAY IN PERFORMING THE SERVICES CAUSED BY ANY REASON, WHETHER OR NOT OF ITS RESORT. IN NO EVENT SHALL TAQT BE LIABLE, WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF GOODWILL OR OPPORTUNITY), WHETHER OR NOT TAQT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TAQT SHALL NOT BE RESPONSIBLE FOR THE COST OF ACQUIRING SUBSTITUTE GOODS, SOFTWARE OR TECHNOLOGY. IN ANY EVENT, TAQT'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IS YOUR RIGHT TO CANCEL YOUR ACCOUNT AND/OR SUBSCRIPTION. IN NO EVENT SHALL TAQT'S LIABILITY TO YOU EXCEED THE GREATER OF FIFTY EUROS (€50.00) OR ANY AMOUNT ACTUALLY PAID BY YOU TO TAQT FOR THE SERVICES IN DISPUTE DURING THE YEAR (1) PRIOR TO THE DATE ON WHICH YOUR CLAIM AROSE. NO ACTION IN ANY FORM WHATSOEVER ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE APPLICABLE CAUSE OF ACTION. YOUR RIGHTS MAY VARY FROM JURISDICTION TO JURISDICTION, AND SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY DAMAGES AS CONTAINED IN THESE TERMS AND CONDITIONS. IN SUCH JURISDICTIONS, "TAQT" LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS SHALL APPLY, WITHOUT LIMITATION, TO ALL SUPPORT AND MAINTENANCE PROVIDED TO YOU BY TAQT AND/OR ANY OTHER USER.
  3. Compensation: You shall defend and indemnify Taqt (and its affiliates, representatives, agents, shareholders, directors, officers, employees, successors and assigns) from and against any claim, action, suit or proceeding brought by any third party arising out of, based upon or related to your breach of these Terms or any unauthorized use of the Services, and shall indemnify Taqt for all losses, damages, expenses and costs (including, without limitation, reasonable attorneys' fees and costs) incurred by Taqt as a result of any such claim, action, suit or proceeding.
  4. Applicable law - Jurisdiction: These Terms and Conditions are governed by French law. In the event of a complaint or question, please contact us by e-mail at support@taqt.com or by telephone at (+33) 1 80 91 98 67, taking care to specify your contact details and to provide us with any information enabling us to assess the origin and implications of the dispute.
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