Roment trading as Actimet
41 Rockbarton Court
Salthill
Galway
Ireland
H91 F348
Company Registration Number: 647231
Actimet
Copyright (c) 2022 Actimet Software
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.
1. LICENSE
By installing and/or using Actimet, you agree that this End User License Agreement (EULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Your use of Actimet indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Actimet Software grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use Actimet in accordance with this Agreement and any other written agreement with Actimet Software. Actimet Software does not transfer the title of Actimet to you; the license granted to you is not a sale. This agreement is a binding legal agreement between Actimet Software and the users of Actimet.
If you do not agree to be bound by this agreement, remove Actimet from your device.
2. DISTRIBUTION
Actimet and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
3. USER AGREEMENT
3.1 Use Restrictions
You shall use Actimet in compliance with all applicable laws and not for any unlawful purpose.
3.2 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Actimet. Nor can you create any derivative works or other works that are based upon or derived from Actimet in whole or in part.
Actimet Software’s name, logo and graphics file that represents Actimet shall not be used in any way to promote products developed with Actimet. Actimet Software retains sole and exclusive ownership of all right, title and interest in and to Actimet and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of Actimet, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for Actimet Software.
3.3 Limitation of Responsibility
You will indemnify, hold harmless, and defend Actimet Software, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Actimet Software’s Software.
In no event (including, without limitation, in the event of negligence) will Actimet Software , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, Actimet or the use or inability to use Actimet or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
3.4 Warranties
Except as expressly stated in writing, Actimet Software makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
3.5 Governing Law
This Agreement shall be governed by the law of Ireland applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Irealnd therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
3.6 Termination
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Actimet and destroy all copies of Actimet supplied under this Agreement.
4. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY ACTIMET AS WELL.
5. CONSENT OF USE OF DATA
You agree that Actimet Software may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Actimet. Actimet Software may also use this information to provide notices to you which may be of use or interest to you.
6. SUBSCRIPTIONS
To begin a subscription, you must provide us, via your team portal, with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. Your subscription will continue and automatically renew until terminated. You must cancel your membership before it renews in order to avoid account charges for the next billing cycle. Account charges are fully earned upon payment and there are no refunds or credits for partially used months or years, as applicable. If any fee is not paid in a timely manner, or Actimet is unable to process your transaction using the credit card information provided, Actimet reserves the right to revoke access to your Actimet account.
If your credit card reaches its expiration date, your continued use of Actimet constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
You can find specific details regarding your subscription to Actimet by visiting the “Settings” page through your account.
7. CANCELLATION AND REFUNDS
You can cancel your subscription to Actimet at any time, and you will continue to have access to the Service for the remainder of your applicable billing cycle. To cancel your subscription, go to the Payment page in team portal (coaches.actimet.com) and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.
You may cancel your Actimet account at any time – however, there are no refunds for cancellation. Payments are non-refundable and there are no refunds or credits for partially used billing periods. In the event that Actimet suspends or terminates your account for violating our Terms of Service, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, or any content or data associated with your account. At any time, and for any reason, we may provide a refund or discount to some or all of our subscribers. The amount and form of such refunds and the decision to provide them are at our sole and absolute discretion and does not obligate us to provide such refunds in the future under any circumstance.
8. PAYMENT
To use our Services, you must provide one or more Payment Methods. Actimet use Stripe and their partners as a payment service provider/processor.
You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to our Services until we have successfully charged a valid Payment Method.
Actimet reserves the right to adjust pricing for our Services or any components thereof in any manner and at any time, as we may determine in our sole and absolute discretion.
9. TRIALS
Your subscription to Actimet may begin with a free trial. The duration of the free trial period of your subscription will be specified during sign-up and is intended to allow new and first-time subscribers to try our Services. Free trial eligibility is determined by Actimet at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. For combinations with other offers, restrictions may apply.
We will charge the subscription fee for your next billing cycle to your Payment Method at the end of the free trial period and your subscription will automatically renew unless you cancel your subscription prior to the end of the free trial period. To view the applicable subscription price and end date of your free trial period, visit your team portal and click the payment page. Once a charge is made, there is no refund available and the account is treated a subscription.
10. GENERAL
You are solely responsible for communication and interaction with other Actimet users, the company makes no representations or warranties as to the conduct of users or the compatibility with any other users. The Company shall not be liable (directly or indirectly) for ANY losses or damages whatsoever, without limitation, death, bodily injury, emotional distress while using or having used this service. The Company reserves the right to modify or discontinue the service with or without notice. The Company and / or its 3rd party partners are not responsible, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of any INACURATE DATA OR CONTENT posted on this service. Any download content from Actimet service is at your own discretion, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device. If you do not accept this limitation of liability, you are not authorized to download or gather any material through this service.
