Services License Agreement
using the Nettelo mobile application, software, website (at
www.nettelo.com referred to as the "Site") or other Services
(together the "Services") you and the Company you represent
are licensed, not sold, to you for your use only under the Terms of
this Agreement. By using the Services you expressly agree to these Terms
below and to this Services End User License Agreement (the
"Terms"). You must be at least thirteen years old to use the
Service and to accept these Terms. If you are not 13 or otherwise not
legally able to enter into these legally binding Terms you may not use or
purchase the Services. If you disagree with any of these Terms, Nettelo
does not grant you a license to use the Nettelo Applications. You
understand that these Terms will form a binding legal contract between us
as soon as you click the 'Sign in' button after download and install the
Services onto your mobile device or tablet. You and Nettelo acknowledge
and agree that Apple, and Apple's subsidiaries, are third party
beneficiaries of these Terms, and Apple will have the right (and is deemed
to have accepted the right) to enforce these Terms against you, as a third
party beneficiary of these Terms. Nettelo reserves the right to update and
change these Terms from time to time without notice. You can find the most
recent version of these Terms on the Nettelo website at www.nettelo.com.
These Terms were last updated on July 18, 2017.
Granted. Nettelo hereby grants you the personal, non-transferable right to
use the Services, and once you are registered and your User account has
been established, the limited license to use the Application and receive
the associated Services on an iPhone, iPod touch, iPad device that you own
or control and as permitted by the Usage Rules set forth in the Apple App
Notwithstanding the foregoing, Nettelo reserves the
right to refuse Services to any person or Company, or to enforce a forfeiture
of any user name and/or user account for any reason, including without
limitation violation of these Terms. We may, but have no obligation to remove,
edit, block, and/or monitor Content or accounts containing Content that we
to any other User, to the provision of Services to other Users, or to Nettelo,
its licensees, and licensors or to other third parties.
Nettelo is serious about doing our part to safeguard your personal
information. We take reasonable and appropriate security measures to
protect against unauthorized access to, or unauthorized alternation,
disclosure or destruction of data.
- Our privacy measures include
internal reviews of our data collection, storage and processing
practices, and security measures, as well as physical security measures
to guard against unauthorized access to systems where we store personal
data. To help protect the security and privacy of your personal
information, you are responsible for taking all reasonable steps to
ensure that no unauthorized person shall have access to your site password
or account, where applicable. It is your sole responsibility to control
the dissemination and use of any codes and passwords relating to the
Services; monitor and control and limit/protect access to and use of
them, and to promptly inform us of any need to deactivate your account,
or password, as applicable if it is compromised.
- We may share information about
you with other companies that work for us. We may also share information
with other organizations for the purposes of scientific and health research,
but on an aggregated basis, meaning those thirds parties will not know
your name, address and other personally identifying information about
- Consent to Use of Data. You
agree that Nettelo may collect and use technical data and related
information, including but not limited to technical information about
Your device, system and application software, and peripherals, that is
gathered periodically to facilitate the provision of software updates,
product support and other services to You (if any) related to the
Services. Nettelo may use this information, as long as it is in a form
that does not personally identify you, to improve its products or to
provide services or technologies to you and for additional research and
development projects. Notwithstanding the foregoing, Nettelo may use your
age, gender, and country of origin and/or device location and aggregated
data from the information you send to our Servers for the purposes
described above. Nettelo will not separately store or retain any financial
or personally identifiable information about you.
- Any information that is shared
is protected under the same controls as if the information is residing in
our environment. We are bound by policy and law to safeguard confidential
information for all of our clients.
- Specific Privacy Issues: you
may update your Account information by going to your Settings; you will
not be able to purge any of the stored data on the Nettelo servers while
you are still a User of the Services. You may purge all data stored on Nettelo
servers by deleting your user account. You may purge all of the data on
your device, where your scan data and images are stored, by deleting the
mobile application from your mobile device.
Users. You are solely responsible for your interaction with other users of
the Services, whether online or offline. You agree that Nettelo is not
responsible or liable for the conduct of any user. Nettelo reserves the
right, but has no obligation, to monitor or become involved in disputes
between you and other users. Exercise common sense and your best judgment
when interacting with others, including when you submit or post Content or
any personal or other information through Nettelo mobile application
Sites and Other Services. Links. We assume no responsibility for the
content of any third party Services, advertisements, sponsors or content
linked to on our Site or referenced by other Users of our Services. Such
links and/or references should not be interpreted as our endorsement of
them. We will not be liable for any loss or damage that may arise from
your use of them.
Charges. You agree that you are responsible for all data charges you incur
through use of the Services.
- Nettelo Intellectual Property.
The Services are protected by copyrights, trademarks, service marks,
international treaties, and/or other proprietary rights and laws of the
U.S. and other countries. On behalf of itself and its Licensors, Nettelo
expressly reserves all rights not expressly granted to you in this
You may not use or otherwise export or re-export the Services except as
authorized by United States law and the laws of the jurisdiction in which
the Services was obtained. In particular, but without limitation, the
Services may not be exported or re-exported (a) into any U.S. embargoed
countries or (b) to anyone on the U.S. Treasury Department's list of
Specially Designated Nationals or the U.S. Department of Commerce Denied
Person's List or Entity List. By using the Services, You represent and
warrant that you are not located in any such country or on any such list.
You also agree that you will not use these products for any purposes
prohibited by United States law, including, without limitation, the
development, design, manufacture or production of nuclear, missiles, or
chemical or biological weapons.
Obligations and Account, Scanned data and 3D images Policy.
- You must be at least (13)
years old to use the Services.
- You may not post or send
violent, discriminatory, unlawful, infringing, hateful, pornographic or
sexually suggestive photos or other content using or in connection with
your use of the Services.
- You are responsible for any
activity that occurs through your account and you agree you will not
sell, transfer, license or assign your account, followers, username, or
any account rights.
- With the exception of people
or businesses that are expressly authorized to create accounts on behalf
of their employers or clients, Nettelo prohibits the creation of and you
agree that you will not create an account for anyone other than yourself.
- You must not create accounts
with the Services through unauthorized means, including but not limited
to, by using an automated device, script, bot, spider, crawler or scraper
you also represent that all information you provide or provided to
Nettelo upon registration and at all other times will be true, accurate,
current and complete and you agree to update your information as necessary
to maintain its truth and accuracy. Registration information includes
your name, email address, country of residence and/or origin and a
- You agree that you will not
solicit, collect or use the login credentials of other Nettelo users.
- You are responsible for
keeping your password secret and secure. You are solely responsible for
your conduct and any data, text, files, information, usernames, images,
graphics, photos, profiles, audio and video clips, sounds, musical works,
works of authorship, Applications, links and other content or materials
(collectively, "Scanned User Content") that you submit, post or
display accompanying, in connection with or as part of your use of the
Services, or using Scanned Data that you have received through or in connection
with the Services.
- You must not defame, stalk,
bully, abuse, harass, threaten, impersonate or intimidate people or
entities and you must not post private or confidential information via
the Services, including, without limitation, your or any other person's
credit card information, social security or alternate national identity
numbers, non-public phone numbers or non-public email addresses. You may
not use the Services for any illegal or unauthorized purpose. You agree
to comply with all laws, rules and regulations (for example, federal,
state, local and provincial) applicable to your use of the Services and
your Content (defined below), including but not limited to, copyright
- You must not change, modify,
adapt or alter the Services or change, modify or alter another website so
as to falsely imply that it is associated with the Services or Nettelo.
- You must not access the
Services by means other than those permitted by Nettelo. You must not
create or submit unwanted email, comments, likes or other forms of
commercial or harassing communications (a/k/a "spam") to any
Nettelo users. You must not interfere or disrupt the Services or servers
or networks connected to the Services, including by transmitting any
worms, viruses, spyware, malware or any other code of a destructive or
disruptive nature. You may not inject content or code or otherwise alter
or interfere with the way any Nettelo page is rendered or displayed in a
user's browser or device. You must not attempt to restrict another user
from using or enjoying the Services and you must not encourage or
- Without limiting the
foregoing, this license and set of Terms does not allow you to use the
Services on any mobile device that you do not own or control, and you may
not distribute or make the Services available over a network where it
could be used by multiple devices at the same time. You may not rent,
lease, lend, sell, redistribute or sublicense the Services. You may not copy
(except as expressly permitted by this license), decompile, reverse
engineer, disassemble, attempt to derive the source code of, modify, or
create derivative works of the Services, any updates, or any part
thereof. You are expressly prohibited from crawling, scraping, caching or
otherwise accessing any content on the Services via automated means,
including but not limited to user profiles for any purposes. You may not
download or use any version of the Services obtained from an unauthorized
distributor. Any attempt to do so is a violation of the rights of Nettelo
and its licensors. If you breach this restriction, you may be subject to
prosecution and damages.
- Disclaimers of Warranty. Some
of the Services may be experimental and not tested in any manner. Nettelo
does not represent or warrant that any Services are free of inaccuracies,
errors, bugs, or interruptions, or are reliable, accurate, complete, or
otherwise valid. The Services are provided "AS IS" with no
warranty, express or implied, of any kind and Nettelo expressly disclaims
any and all warranties and conditions, including, but not limited to, any
implied warranty of merchantability, fitness for a particular purpose,
availability, security, title and/or non-infringement. You expressly
acknowledge and agree that your use of the Services is at your own
discretion and risk, and you will be solely responsible for any damage
that results from the use of any Services including, but not limited to,
any damage to your mobile device, computer system or loss of data.
THE SERVICES IN WHOLE OR PART ARE EACH PROVIDED ON AN "AS IS",
"AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER NETTELO ANY OF ITS EMPLOYEES,
MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY ALSO REFERRED TO AS
"NETTELO") MAKE ANY REPRESENTATIONS OR WARRANTIES OR
ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE
SERVICES OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO
NETTELO OR VIA THE SERVICES. IN ADDITION, NETTELO HEREBY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM
INTEGRATION AND FREEDOM FROM COMPUTER VIRUS OR DAMAGE TO YOUR MOBILE
Nettelo does not make any representations or warranties that the
information (including any instructions) on the Services is accurate,
complete, or useful. Nettelo does not warrant that your use of the
Services is lawful in any particular jurisdiction, and Nettelo
specifically disclaim such warranties. Some jurisdictions limit or do not
allow the disclaimer of implied or other warranties so the above
disclaimer may not apply to you to the extent such jurisdiction's law is
applicable to you and these Terms and Agreement.
Nettelo is solely responsible for any product warranties, whether express
or implied by law, to the extent not effectively disclaimed above. In the
event of any failure of the Services to conform to any applicable
warranty, you may notify Apple, and Apple will refund the purchase price
for the Services to you; and to the maximum extent permitted by applicable
law, Apple will have no other warranty obligation whatsoever with respect
to the Services, and any other claims, losses, liabilities, damages, costs
or expenses attributable to any failure to conform to any warranty will be
Nettelo's sole responsibility. Nettelo and you acknowledge and agree that
Nettelo not Apple is responsible for addressing any claims of you or any
third party relating to the Services or your possession and/or use of the
Services, including, but not limited to: (i)
product liability claims; (ii) any claim that the Services fail to conform
to any applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation. The above disclaimer applies to any
damages, liability or injuries caused by any failure of performance,
error, omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or
destruction of or unauthorized access to, alteration of, or use, whether
for breach of contract, tort, negligence or any other cause of action.
Limitation of Liability: Except where prohibited by law, in no event
will NETTELO be liable to you for any indirect, consequential, exemplary,
incidental or punitive damages, including lost profits, even if NETTELO has
been advised of the possibility of such damages. If, notwithstanding the other provisions of
which arises out of or is in any way connected with your use of the services,
NETTELO’s liability shall in no event exceed the annual subscription amount on
pro-rata base or similar fees with respect to Nettelo services subscribed based
on annual subscription. Some jurisdictions do not allow limitations of
liability, so the foregoing limitation may not apply to you.
Representations and Warrantees. By accessing or using the
Services you represent and warrant that your activities are lawful in
every jurisdiction where you access or use the Services. Nettelo does not
endorse content and specifically disclaim any responsibility or liability
to any person or entity for any loss, damage (whether actual,
consequential, punitive or otherwise), injury, claim, liability or other
cause of any kind or character based upon or resulting from any content.
you agree that in the event you incur any damages, losses or injuries that
arise out of Nettelo's acts or omissions, the damages, if any, caused to
you are not irreparable or sufficient to entitle you to an injunction
preventing any exploitation of any web site, Services, property, product
or other content owned or controlled by Nettelo, and you will have no
rights to enjoin or restrain the development, production, distribution,
advertising, exhibition or exploitation of any web site, property,
product, Services, or other content owned or controlled by Nettelo.
and Release. By accessing the Services, you understand that
you may be waiving rights with respect to claims that are at this time
unknown or unsuspected, and in accordance with such waiver, you
acknowledge that you have read and understand, and hereby expressly waive,
the benefits of section 1542 of the civil code of California, and any
similar law of any state or territory, which provides as follows: "a
general release does not extend to claims which the creditor does not know
or suspect to exist in his favor at the time of executing the release,
which if known by him must have materially affected his settlement with
the debtor". Nettelo is not responsible for the actions, content,
information, or data of third parties and you release us, our directors,
officers, employees, and agents from any claims and damages, known and
unknown, arising out of or in any way connected with any claim you have
against any such third parties.
You (and also any third party for whom you operate an account or activity
on the Services) agree to defend (at Nettelo's request), indemnify and
hold Nettelo harmless from and against any claims, liabilities, damages,
losses, and expenses, including without limitation, reasonable attorney's
fees and costs, arising out of or in any way connected with any of the
following (including as a result of your direct activities on the Services
or those conducted on your behalf): (i) your
Content or your access to or use of the Services; (ii) your breach or
alleged breach of these Terms; (iii) your violation of any third-party
right, including without limitation, any intellectual property right,
publicity, confidentiality, property or privacy right; (iv) your violation
of any laws, rules, regulations, codes, statutes, ordinances or orders of
any governmental and quasi-governmental authorities, including, without
limitation, all regulatory, administrative and legislative authorities; or
(v) any misrepresentation made by you. You will cooperate as fully
required by Nettelo in the defense of any claim. Nettelo reserves the
right to assume the exclusive defense and control of any matter subject to
indemnification by you, and you will not in any event settle any claim
without the prior written consent of Nettelo.
and the relationship between you and Nettelo shall be governed by the laws
of the State of California without regard to its conflict of law
provisions. You and Nettelo agree to submit to personal jurisdiction and venue
of the courts located within the County of Los Angeles, California, U.S.
You expressly agree that any claim you may have arising out of or related
to your relationship with Nettelo must be filed within one year after such
claim arose; otherwise, your claim is permanently barred.
Waiver of Rights by Nettelo. Nettelo's failure to exercise
not constitute a waiver of such right or provision.
- Third Party Claims.
You and Nettelo agree and acknowledge that, in the event of any third
party claim that the Services or the end-user's use of the Services
infringes that third party's intellectual property rights, in no event
will Apple be responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim. As
between parties, only Nettelo will have the foregoing rights.
- Apple App Store License Terms.
Nettelo and you acknowledge and agree that these Terms are entered into
between you and Nettelo only, and not between you and Apple. Apple is not
responsible for the Services or any content offered to you by Nettelo to
the extent that any of these Terms are less restrictive than the Usage
Rules set forth in, or are or otherwise be in conflict with, the App
Store Terms of Service as of this Date, the applicable Terms of Service
in the Apple App Store shall apply.
- Maintenance and Support
Services. Nettelo and you acknowledge and agree that
Nettelo is solely responsible for providing any maintenance and support
services with respect to the Services licensed herein as specified in
these Terms, or as required under applicable law, and that Apple has no
obligation whatsoever to furnish any maintenance and support services
with respect to the Services.
- Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of the Services
partner, joint venture, agent, employee or employer of the other. You
shall not have any authority to assume or create any obligation for or on
behalf of Nettelo, express or implied, and you shall not attempt to bind
Nettelo to any contract.
- Invalidity of Specific Terms.
competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision and that the other provisions remain in full
force and effect.
- Section Headings.
The section headings contained in these Terms are included for
convenience only, and will not limit or otherwise affect the Terms of the
Terms will not be construed against the drafter. These Terms constitute
the entire Agreement between Nettelo and you with respect the Services.
- Contact us. Nettelo, Inc., phone: +1-310-977-2420,
e-mail: email@example.com, http://www.nettelo.com,
2882 Rainfield Ave., Westlake Village, CA