Xtremax operates the website at https://www.nimvio.com/ (the "Service"). By accessing and using the Service, you agree to these Terms of Service (“Terms” or “Agreement”). If you do not agree to these Terms, please do not use the Service.
These Terms are between you and Xtremax Pte Ltd (“Xtremax”), a company incorporated in Singapore, with the registered office address of 114 Lavender Street, #08-93, CT Hub 2, Singapore 338729.
1. Scope of Service
- Subject to your compliance with these Terms (including any other applicable terms and conditions), Xtremax grants to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Services and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Xtremax. You agree that you will not redistribute or transfer the Service or the Content.
- The Services and the Content are licensed, not sold or transferred to you, and Xtremax and its licensors retain ownership of all copies of the Services and Content.
ii. Service limitations and modification
- Xtremax’s service offerings and availability may change from time to time, without liability to you. The Service may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements. Xtremax will not be liable to you for any occurrences of these temporary interruptions.
iii. Force Majeure
- Xtremax shall have no liability to you under these Terms if it is prevented from or delayed in performing its obligations under these Terms, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, epidemic, pandemic, strikes, lock-outs or other industrial disputes (whether involving the workforce of Xtremax or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
iv. Third-party applications and devices
- The Services may be integrated with, or may otherwise interact with third-party applications, websites, and services (“Third-Party Applications”) and third-party personal computers, mobile handsets, tablets, wearable devices, speakers, and other devices (“Devices”). Your use of such Third-Party Applications and Devices may be subject to additional terms, conditions, and policies provided to you by the applicable third party. Xtremax does not guarantee that Third-Party Applications and Devices will be compatible with the Services.
2. Your use of the Service
i. Creation of Nimvio account
- You need to create a Nimvio account to use all or part of the Services. Your username and password are for your personal use only and should be kept confidential. You understand that you are responsible for all use (including any unauthorized use) of your username and password. Notify us immediately if your username or password is lost or stolen, or if you believe there has been unauthorised access to your account.
- Xtremax may reclaim, or require you to change, your username for any reason.
ii. Restriction on use of Materials
- Except as otherwise provided, the Contents of this website shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written permission of Xtremax.
- Modification of any of the Contents or use of the Contents for any other purpose will be a violation of Xtremax's copyright and other intellectual property rights. Graphics and images on this website are protected by copyright and may not be reproduced or appropriated in any manner without written permission of Xtremax.
- You may purchase a subscription to the Services directly from Xtremax for the provision of the Services by Xtremax.
iv. Price Changes
- The prices shown in the Pricing are subject to change by Xtremax without further notice to you.
v. Information Collection and Use
- We collect different types of information to provide and improve our Service to you. While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data").
- We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g., IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
- Your continued use of the Services represents your agreement to our collection of your Usage Data.
- Xtremax will take all steps reasonably necessary to ensure that your Personal and Usage data are treated securely and in accordance with these Terms and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.
- We may use third-party service providers to monitor and analyse the use of our Service, such as Google Analytics.
3. Term and Termination
- Your access to the project(s) will be revoked after 7 days of failure of payment. Your subscription will be automatically terminated after 30 days of inactivity, which includes the removal of any data stored in the project(s).
- Termination for Breach. To the extent permitted by applicable law, either party may terminate this Agreement immediately on written notice if (a) the other party is in material breach of the Agreement and fails to cure that breach within 30 days after receipt of written notice of the breach or (b) the other party ceases its business operations or becomes subject to insolvency proceedings.
- Termination for Inactivity. Xtremax reserves the right to terminate the provision of the Services to you upon 7 days' advance notice if, for a period of 30 days (a) you have not accessed the Services (b) your account has not incurred any fees for such Services.
- Termination for Convenience. You may stop using the Services at any time. You may terminate this Agreement for your convenience at any time on prior written notice and, upon termination, must cease use of the Services. Xtremax may terminate this Agreement for its convenience at any time with 7 days' prior written notice to you.
- Effect of Termination. If the Agreement is terminated, then (a) all rights and access to the Services will terminate, unless otherwise described in this Agreement, (b) Xtremax shall have no liability or responsibility to you, and (c) (except as expressly provided in these Terms) Xtremax will not refund any amounts that you have already paid.
4. Warranty and Limitation of liability
i. No Warranty
1. Except as expressly and specifically provided in these Terms:
- You assume sole responsibility for results obtained from your use of the Services, and for conclusions drawn from such use. Xtremax shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Xtremax by you in connection with the Services, or any actions taken by Xtremax at your direction;
- all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms; and
- the Services are provided to you on an “as is” basis.
2. Limitation of liability
- You agree that your sole and exclusive remedy for any problems or dissatisfaction with the Service is to stop using the Service. You agree that Xtremax has no obligation or liability arising from or related to third-party applications or the Content thereof made available through or in connection with Service, and while your relationship with such third-party applications may be governed by separate agreements with such third parties, your sole and exclusive remedy, as with respect to Xtremax, for any problems or dissatisfaction with any third-party applications or the content thereof, stop using the Service.
- In no event will Xtremax, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use of or inability to use the Service, devices, third-party applications, or third-party application content, regardless of legal theory, without regard to whether Xtremax has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Service, third-party applications, or third-party application content more than the greater of (a) the amounts paid by you to Xtremax during the twelve months prior to the first claim.
- Nothing in this agreement shall limit or exclude the liability of Xtremax:
3. Waiver and indemnity
- By using the Services, you agree, to the extent permitted by law, to indemnify and hold Xtremax, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Services, or any action taken by Xtremax as part of its investigation of a suspected violation of these Terms or as a result of its finding or decision that a violation of these Terms has occurred. You agree that you shall not sue or recover any damages from Xtremax, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the Services, or to take any other action during the investigation of a suspected violation or as a result of Xtremax’s conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.
5. Data protection
6. Content and Intellectual Property Rights
i. Proprietary Rights
- The materials located on this website including the information and software programs (the “Content”), are protected by copyright, trademark and other forms of proprietary rights (“Intellectual Property Rights”). All rights, title and interest in the Contents are owned by, licensed to or controlled by Xtremax.
- You acknowledge and agree that Xtremax and/or its licensors own all Intellectual Property Rights in the Services, including in the product of any development and/or integration work that Xtremax may carry out for You including where any elements of such product were developed as a result of or using your ideas, suggestions or other feedback supplied by You. Except as expressly stated herein, this agreement does not grant you or any other person or organisation any Intellectual Property Rights in or any other rights or licences in respect of the Services or of the product of any development and/or integration work that Xtremax may carry out for you.
- Xtremax confirms that it has all the rights in relation to the Services that are necessary to grant all the rights it purports to grant under this agreement.
- If the Services infringes a third party's patent or copyright, Xtremax will, at its sole discretion: (i) obtain for you the right to continue using the Services; or (ii) replace or modify the Services so that it no longer infringes the relevant intellectual property right. If neither of the remedies in (i) or (ii) are reasonably available, either party shall have the right to terminate the agreement with immediate effect.
- We may update our Terms from time to time. You are advised to review these Terms periodically for any changes. Changes to this Terms of Service are effective when they are posted on this page. Unless otherwise noted, the amended Terms will be effective immediately and your continued use of our Services will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
ii. Third Party Rights
- This Agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act (Cap. 53B).
- The following Sections will survive expiration or termination of this Agreement: Section 3 (Term & Termination), Section 4 (Warranty and Limitation of Liability), Section 5 (Data Protection), Section 6 (Content and Intellectual Property Rights), , and Section 7(Miscellaneous).
iv. No Agency
- This Agreement does not create any agency, partnership, or joint venture between the parties.
- If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement.
To be effective, notice under this Agreement must be given in writing. Each Party consents to receiving electronic communications and notifications from the other Party in connection with this Agreement. Each Party agrees that it may receive notices from the other Party regarding this Agreement:
- By email to the email address designated by such Party as a notice address;
- by personal delivery;
- by registered or certified mail, return receipt requested; or
- by nationally recognized courier service. Notice will be deemed given upon written verification of receipt.
vii. Entire agreement
viii. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Singapore. The Parties hereby irrevocably submit to the non-exclusive jurisdiction of the Courts of Singapore.
ix. Contact Us
If you have any questions about these Terms, please contact us via email at firstname.lastname@example.org