Terms of use ICM20 app

IMPORTANT! MEASURING INSTRUCTIONS

IT IS VERY IMPORTANT THAT YOU ALWAYS CAREFULLY FOLLOW THE MEASURING INSTRUCTIONS YOU RECEIVE FROM THE SUPPLIER OF THE PRODUCTS. FAILURE TO DO SO MAY RESULT IN INCORRECT MEASUREMENT RESULTS! YOU INDEMNIFY US AND THIRD PARTIES WHO ARE USING THIS APP TO MANUFACTURE PRODUCTS, FOR ANY PROBLEMS WITH PRODUCTS AND DAMAGE RESULTING FROM IMPROPER USE OF THE APP.
IF YOU DO NOT AGREE TO THESE TERMS OF USE YOU SHOULD NOT USE THE APP.

AGE REQUIREMENTS

To be able to accept these terms of use, you must be at least 16 years of age or have the consent of your parents or guardian to use this application (‘App’). To the extent local mandatory regulations provide additional legal requirements for the ability to accept these terms, you are bound by such legal requirements.

ACCOUNT REQUIREMENTS

To be able to use the App, you must first create an account on the product supplier’s website. Your account is strictly personal and you are required to keep all user and password information strictly confidential to prevent unauthorised use. You should notify your supplier immediately if you become aware of any (potential) unauthorised access to your account.

APPSTORE TERMS AND CONDITIONS ALSO APPLY

How you can use the App may also be determined by the rules and policies of the relevant app store (for example, Apple’s App Store or Google’s Play Store) from which you downloaded the App. Please make sure that you read, understand and accept the rules and policies of your app store. The use of third-party devices such as computers, mobile phones and tablets and third-party services such as internet providers required to be able to use the App, may also be subject to their own terms and conditions and privacy policies.

If you downloaded the App from the Apple Apps Store, you acknowledge that:
▪ the agreement as set out in these terms of use is between you and us, and not with Apple Inc. (Apple) and that we are solely responsible for the App;
▪ Apple is not responsible for providing any maintenance and support services with regard to the App;
▪ we are solely responsible for all warranties made in relation to the App;
▪ if the App fails to meet any applicable warranty, you may notify Apple of this, but to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App and Apple is not responsible for handling any claims with regard to the App or your possession or use of the App, including product liability claims, claims that the App fails to meet any applicable legal or regulatory requirement and claims arising from consumer protection or similar legislation;
▪ Apple is not responsible for investigating, defending against, settling and discharging any third-party claims that the App, or your possession and use of the App, infringes any intellectual property rights of those third parties;
▪ If you downloaded the App from the Google® Play™ Store, you acknowledge that the terms of the Google® Play™ Developer Distribution Agreement or other terms and conditions with regard to the Google® Play™ Store supersede these terms of use insofar as there is any inconsistency and that any member of Google’s group of companies will be third-party beneficiaries of these terms of use and may enforce these terms of use against you as a third-party beneficiary.

RESTRICTED RIGHT OF USE

All intellectual property rights with regard to the App are owned by us or by our suppliers and/or licensors.

You are granted a strictly personal, temporary, non-exclusive, non-transferable and non-sub-licensable right to use the App, only to the extent necessary to enable you to measure products. We are at all times entitled to restrict and/or terminate the right of use. After the right of use has terminated, you should remove the App from your devices.

You agree that you will not provide or otherwise make the App available to any third party in any form, in whole or in part, without our consent and, to the extent permitted by law, will not reverse engineer or create derivative works based on the App or any part thereof, or make any attempt to do so, except to the extent such acts cannot be prohibited.

In addition, you may:
▪ not use the App in an unlawful way or in any manner not in accordance with these terms of use;
▪ not infringe our intellectual property rights or those of third parties with regard to your use of the App;
▪ not use the App in a way that could damage, impair or jeopardise our systems or security or that could interfere
with other users.

APP OR DEVICE FIRMWARE UPDATE, SERVICE AND PERFORMANCE CHANGES

We may automatically update the App to improve performance, enhance functionality, reflect changes to the underlying operating system or address security issues.
If you choose not to install updates or if you opt out of automatic updates, you may not be able to continue using the App.

We will try to keep the Apps compatible with older versions of your device’s operating system, but we will only fully support the two most recent major versions of an operating system, unless we are obliged to continue support for older versions based on mandatory law.

Although we make reasonable efforts to keep the App operational, we cannot guarantee that the App will work without interruption, for example in the event of technical problems, maintenance or testing, or as a result of updates.

LIMITATION OF LIABILITY

Our liability is at all times limited to direct loss. Liability for indirect loss, including consequential loss, lost profits, missed savings, loss of files and/or data, claims by third parties against the user of the App and loss due to business stagnation and idle capacity, is at all times excluded.

Our liability due to an attributable failure in the performance of an agreement is limited to renewed delivery or compensation of direct loss up to a maximum of the amount of the price paid on the basis of an agreement, unless the insurance pays a higher amount.

The condition for the existence of any right to compensation is always that you give us a written notice of default and allow us a reasonable period for fulfilment. Where employees, (non)subordinates and other auxiliary persons whom we use in the performance of an agreement are held liable, such persons may invoke any limitation and/or release of liability, including under these general terms and conditions or any other legal and/or contractual provision which we may rely on.Any legal claim for compensation for damage shall in any case become time-barred in one (1) year and shall expire at the latest two (2) years after the day on which the user became aware or could reasonably have become aware of the event causing the loss.

PRIVACY

By using the App we process your personal data. Our privacy statement applies to this. Click here to find out more.

FORCE MAJEURE

We are not obliged to fulfil any obligations under an agreement if we cannot fulfil them as a result of circumstances beyond our control (force majeure). The term force majeure includes for instance, but is not limited to, non-delivery, incomplete and/or delayed delivery by suppliers, war and threat of war, terrorism, import and export prohibitions, epidemics, pandemics, traffic disruptions, loss or damage during transportation, fire, theft, disruptions in energy supply.

MISCELLANEOUS

Without our prior written consent the user is not entitled to transfer any right arising from these terms of use to any third parties. The restriction on transferability has, apart from legal effect under contract law, also legal effect under property law as meant in Section 3:83 subsection 2 of the Dutch Civil Code. The user grants to us in advance the right to transfer the rights arising from these terms of use in whole or in part to any third parties.

If any provision of these terms of use is invalid or is annulled, the other provisions of these terms of use will remain fully effective and we will enter into consultation in order to agree on a new provision to replace the invalid or annulled provision, taking into account as much as possible the purpose and purport of the invalid or annulled provision.

We are at any time entitled to adjust these terms of use. The most recent version (dated 20 July 2023) of the terms of use will always be applicable.

These terms of use and all legal relations between us and users are governed by Dutch law. All disputes with us will be submitted to the competent court of the District Court of Oost-Brabant, location ‘s-Hertogenbosch, unless mandatory law dictates otherwise.