AGD LAB Terms of Service Agreement

These Terms of Service Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of the Services (as defined below) and is an agreement between AGD LAB s.r.o., ID: 07575211, with its registered office at Karla Englise 3221/2, 150 00 Prague 5, registered in the commercial register maintained by the Municipal court in Prague under file number C 303372 (“AGD LAB,” “we,” “us,” or “our”) and you or the entity you represent (“you” or the “Customer”).

Please read this Agreement carefully before using the Services. This Agreement apply to all users of the Services. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree to be bound by this Agreement on behalf of such organization. Agreeing to use the Services by clicking “Sign up” / “Place Order” / “Subscribe” / “Purchase” constitutes your acceptance and agreement to be bound by this Agreement, and all other operating rules, policies and procedures that may be published from time to time on the AGD LAB Site by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you. You acknowledge receipt of our Privacy Policy (https://www.agdlab.eu/en/privacy-policy-agdlab/). If you ordered the Services on the AGD LAB Site, use the AGD LAB Site, or otherwise engage in any electronic transaction with respect to the Services, then you agree to receive any updates to our Privacy Policy by accessing the AGD LAB Site. By using AGD LAB Site or purchasing our products or services, you agree that we may use and share your personal information in accordance with the terms of our Privacy Policy (https://www.agdlab.eu/en/privacy-policy-agdlab/).

1. Use of the Services.

1.1 Generally.

You may access and use the Services in accordance with this Agreement. You will adhere to all laws, rules, and regulations applicable to your use of the Services, including the end user license agreement (“EULA”) and the other Policies as defined in Section 14.

1.2 Your Account.

To access the Services, you must create an AGD LAB account associated with a valid e-mail address. You may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents) and, except to the extent caused by our breach of this Agreement, we are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account and this Agreement at any time in accordance with Section 7.

1.3 Subscription License Agreement

You are granted permission to utilize the service exclusively for the HMI (Human-Machine Interface) project specified in each Subscription License. It is imperative to note that additional projects beyond the designated HMI project for the license are strictly prohibited. In such instances, a separate license must be obtained for each additional HMI project.

Subscription Licenses are exclusively available to businesses and not provided to consumers. Businesses in the preceding sentence means a natural or legal person, or a partnership with legal personality, that acts in exercise of trade, business or profession while entering the Agreement.

AGD LAB authorizes you to download and use the service solely in accordance with this Section and in any event subject the terms and limitations set forth hereunder. The terms under which you may download and use the service shall depend on the type of license you holds from time to time.

1.3.1 Subscription License

By means of these Terms, AGD LAB grants you a Subscription License under which you are authorized to download, use the Software on a device owned or controlled by you under these Terms as provided in this Section 8.3.

The Software may not be utilized in printed or electronic items (e.g., t-shirts, cups, postcards, birthday or greeting cards, invitations, calendars, web models or electronic devices, apps, NFTs, video games, advertising spots, audiovisual animations) that are not part of an HMI Project related to the Automatic Machinery Industry. Additionally, the Software may only be used within the context of HMI purposes and is strictly prohibited from use outside the Automatic Machinery Industry segment or any other support that is not specifically intended for HMI purposes.

The price of the Subscription License is displayed on the Website in euros and excludes, where applicable, the Value Added Tax. AGD LAB reserves the right to change the price of any Subscription License from time to time; however, it shall apply the current price appearing on the Website at the time the User places an order for the Subscription License.

You shall pay for the Subscription License in advance through a credit/debit card or any other payment method offered by AGD LAB from time to time in accordance with this terms and conditions. You must follow the instructions displayed on the Website to purchase and pay for a Subscription License. By placing the order for the Subscription License, You authorize us to charge the relevant price through the payment method chosen. The Subscription License shall not be granted until payment thereof has been received from or authorized by the relevant financial institution. As from that time, you may download the Software from said User's personal profile page, section downloads.

Likewise, an acknowledgment of receipt of the Subscription License purchase order shall be sent to the User by e-mail as soon as possible and no later than twenty-four (24) hours after the order is accepted. The acknowledgment of receipt may be stored and printed. The User may request and download an invoice as stated on the Website twenty-four (24) hours after making the relevant payment.

As the content is digital content, no right of withdrawal applies, without detriment to any safeguards set forth in the consumer and user protection legislation which may apply, except where AGD LAB states otherwise and instead it shall be subject to the terms and conditions set forth by us.

You take all reasonable measures to prevent third parties from accessing or duplicating the Software.

The rights of use granted under the Contract for subscription licenses shall be limited in time to the specified term of subscription licenses and shall cease upon expiry or termination thereof. A subscription license provides you with access to a specific quantity of Software available for download within a predetermined time limit. Your rights to download and utilize the Software are valid only during the subscription period. Upon expiration of the subscription, your access to download the Software will be terminated. It is your responsibility to ensure that all desired Software are downloaded within the subscription period to avoid any interruption in access.

The scope of the Licenses shall not include any third-party software tools that may be linked to the Software or in any other way included or distributed with the Software. For such non-covered tools, other licenses might be required and they shall govern your use of the non-covered tools.

2. Changes.

2.1 To the Services.

We may change, discontinue, or deprecate any of the Services (including the Services as a whole) or change or remove features or functionality of the Services from time to time.

2.2 To the Products

We may change, discontinue, or deprecate any of the Products (including the Products as a whole) or change or remove products from the website from time to time.

3. Security and Data Privacy.

3.1 AGD LAB Security.

Without limiting Section 10 or your obligations under Section 4.2, we will implement reasonable and appropriate measures designed to help you secure Your Content against accidental or unlawful loss, access or disclosure.

3.2 Data Privacy.

We will not access or use Your Content except as necessary to maintain or provide the Services, or as necessary to comply with the law or a binding order of a governmental body. We will not (a) disclose Your Content to any government or third party or (b) subject to Section 3.3; except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, we will give you notice of any legal requirement or order referred to in this Section 3.2. We will only use your Account Information in accordance with the Privacy Policy, and you consent to such usage. The Privacy Policy does not apply to Your Content.

3.3 Service Attributes.

To provide you with support services initiated by you and investigate fraud, abuse or violations of this Agreement, we may process Service Attributes where we maintain our support and investigation personnel.

4. Your Responsibilities.

4.1 Your Content.

You are solely responsible for the development, content, operation, maintenance, and use of Your Content. For example, you are solely responsible for:

(a) compliance of Your Content with the EULA, the other Policies, and the law;

(b) any claims relating to Your Content;

(c) properly handling and processing notices sent to you by any person claiming that Your Content violate such person’s rights, including notices pursuant to the Copyright Law.

4.2 Other Security and Backup.

You are responsible for properly configuring and using the Services. AGD LAB log-in credentials generated by the Services are for your internal use only and you may not sell, transfer or sublicense them to any other entity or person, except that you may disclose your log-in credentials to your agents and subcontractors performing work on your behalf.

4.3 Authorized User Violations.

You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, Your Content or use of the Services. You are responsible for Authorized Users’ use of Your Content and the Services. You will ensure that all Authorized Users comply with your obligations under this Agreement and that the terms of your agreement with each Authorized User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement by an Authorized User, you will immediately terminate such Authorized User’s access to Your Content and the Services.

4.4 End User Support.

You are responsible for providing customer service (if any) to End Users. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide support or services.

5. Payments.

5.1

You agree to pay to AGD LAB any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

5.2

Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly, semester or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.

5.3

AGD LAB may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. AGD LAB will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

5.4

To collect payment we use WooPayments, powered by Stripe an authorized reseller and payments processing company.

Our order process is conducted by WooPayments. Stripe handles all returns.

6. Generally.

We may suspend your or any Authorized User’s right to access or use any portion or all of the Services immediately upon notice to you if we determine:

(a) your or an Authorized User’s use of or registration for the Services (i) poses a security risk to the Services or any third party, (ii) may adversely impact the Services or the systems or Content of any other AGD LAB customer, (iii) may subject us, or any third party to liability, or (iv) may be fraudulent;

(b) you are, or any Authorized User is, in breach of this Agreement, including if you are delinquent on your payment obligations for more than 15 days;

(c) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.

(d) you have created accounts or collected information in an automated way without our express permission.

(e) you or an Authorized User fails to adhere to the specified terms regarding the usage limitations of the service, particularly with regard to section 1.3.

6.1 Right of Withdrawal

You have the right to withdraw from the transaction within fourteen (14) days from the date of the purchase without giving any reason as long as your purchase was not of downloadable content or of a customized nature, and (i) the service has not been fully performed, or (ii) subject to other limitations as permitted by law. For digital content, you agree that any purchase of digital content will be made available to you immediately and as a result you waive any right of withdrawal to such content.

If you cancel this contract, we will reimburse you all payments we have received from you, without undue delay and no later than within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; you will not be charged for this repayment. If we have already begun our services during the withdrawal period, you will pay us a prorated amount corresponding to the services already provided up to the time you notify us of the exercise of the withdrawal right compared to the total scope of the services provided for in the contract. If you cancel your contract with us, you will refrain from using the digital content or digital services or making them available to third parties.

You may exercise your right to withdrawal by sending a clear, written request to: AGD LAB using the contact form in the website.

6.2 Effect of Suspension.

If we suspend your right to access or use any portion or all of the Services:

(a) you remain responsible for all fees and charges you have incurred through the date of suspension;

(b) you remain responsible for any applicable fees and charges for any Services to which you continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension;

Our right to suspend your or any Authorized User’s right to access or use the Services is in addition to our right to terminate this Agreement pursuant to Section 7.2.

7. Term; Termination.

7.1 Term.

The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us in accordance with Section 7.2.

7.2 Termination.

(a) Termination for Convenience. You may terminate this Agreement for any reason by: (i) providing us notice and (ii) closing your account for all Services for which we provide an account closing mechanism. We may terminate this Agreement for any reason by providing you 30 days advance notice.

(b) Termination for Cause.

(i) By Either Party. Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period.

(ii) By Us. We may also terminate this Agreement immediately upon notice to you (A) for cause, if any act or omission by you or any Authorized User results in a suspension described in Section 6.1, (B) if our relationship with a third party partner who provides software or other technology we use to provide the Services expires, terminates or requires us to change the way we provide the software or other technology as part of the Services, (c) if we believe providing the Services could create a substantial economic or technical burden or material security risk for us, (D) in order to comply with the law or requests of governmental entities, or (E) if we determine use of the Services by you or any Authorized Users or our provision of any of the Services to you or any Authorized Users has become impractical or unfeasible for any legal or regulatory reason.

7.3 Effect of Termination.

(a) Generally. Upon any termination of this Agreement:

(i) all your rights under this Agreement immediately terminate;

(ii) you remain responsible for all fees and charges you have incurred through the date of termination, including fees and charges for in-process tasks completed after the date of termination;

(iii) you will immediately return or, if instructed by us, destroy all AGD LAB Content in your possession; and

(iv) Sections 4.1, 5.2, 7.3, 8 (except the license granted to you in Section 8.4), 9, 10, 11, 13 and 14 will continue to apply in accordance with their terms.

(b) Post-Termination Assistance. Unless we terminate your use of the Services pursuant to Section 7.2(b), during the 30 days following termination:

(i) we will not erase any of Your Content as a result of the termination;

(ii) you may retrieve Your Content from the Services only if you have paid any charges for any post-termination use of the Services and all other amounts due; and

(iii) we will provide you with the same post-termination data retrieval assistance that we generally make available to all customers.

Any additional post-termination assistance from us is subject to mutual agreement by you and us.

8. Proprietary Rights.

8.1 Your Content.

As between you and us, you or your licensors own all right, title, and interest in and to Your Content. Except as provided in this Section 8, we obtain no rights under this Agreement from you or your licensors to Your Content, including any related intellectual property rights. You consent to our use of Your Content to provide the Services to you and any Authorized Users.

8.2 Adequate Rights.

You represent and warrant to us that: (a) you or your licensors own all right, title, and interest in and to Your Content and Your Submissions; (b) you have all rights in Your Content and Your Submissions necessary to grant the rights contemplated by this Agreement; and (c) none of Your Content, Your Submissions or Authorized Users’ use of Your Content, Your Submissions or the Services Offerings will violate the EULA.

8.3 Services License.

As between you and us, we own and reserve all right, title, and interest in and to the Services. We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following during the Term: (i) access and use the Services solely in accordance with this Agreement; and (ii) copy and use the AGD LAB Content solely in connection with your permitted use of the Services. Except as provided in this Section 8.4, you obtain no rights under this Agreement from us or our licensors to the Services, including any related intellectual property rights. Some AGD LAB Content may be provided to you under a separate license, such as the B&R - Automation Studio Licensing or other open source license. In the event of a conflict between this Agreement and any separate license, the separate license will prevail with respect to that AGD LAB Content.

The Subscription Licenses granted to you herein are non-exclusive, worldwide (subject to applicable export control regulations, unless you are expressly granted a limited right to use the Service only in a specific territory as specified in the Contract), non-transferable, and non-sublicensable. These licenses are limited to the right to install, run, and use the Software on your own devices or on any devices in your immediate possession. They are intended for use solely within the scope of your own activities and within the limits of the scope of use specified in the Agreement.

8.4 License Restrictions.

Without prejudice to any restrictions set forth in the preceding paragraphs of the Section 8 or any other terms of these Terms and Conditions, who purchases a Subscription License may use the Software in its entirety or with only some of its elements, whether unmodified, combined with other content, or modified previously, provided that the terms of EULA are respected, specifically Sections 2.3, 2.4, 2.5, 2.6, and 2.7.

Neither you nor any Authorized User may use the Services in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any Authorized User may, or may attempt to, (a) modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the Services (except to the extent software included in the Services are provided to you under a separate license that expressly permits the creation of derivative works), (b) reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services, (c) access or use the Services in a way intended to avoid incurring fees or exceeding usage limits or quotas, or (d) resell or sublicense the Services. During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us, customers, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding any Services you have used.

The AGD LAB Content is not used (including, but not limited to, any information contained in titles, captions, tags, keywords or other metadata related to the AGD LAB Content) for the purposes of machine learning for algorithms, artificial intelligence or any other similar technology, artificial intelligence or for its use in connection with technologies designed or intended for the identification of natural persons. You do not acquire any right to use the content in the AGD LAB Content other than as expressly envisaged in these Terms. In particular, you are not authorized to distribute, resell or lease any content in the AGD LAB Content (or any modification of any content in the AGD LAB Content).

8.5 Suggestions.

If you provide any Suggestions to us, we will own all right, title, and interest in and to the Suggestions, even if you have designated the Suggestions as confidential. We will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we may require to document, perfect, and maintain our rights in the Suggestions.

9. Indemnification.

9.1 General.

You will defend, indemnify, and hold harmless us, and each of our employees, officers, directors, and representatives from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning: (a) your or any Authorized Users’ use of the Services (including any activities under your AGD LAB account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you or any Authorized User; (c) Your Content or the combination of Your Content with other applications, content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by Your Content or by the use, development, design, production, advertising or marketing of Your Content; or (d) a dispute between you and any Authorized User. If we are obligated to respond to a third party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third party subpoena or other compulsory legal order or process at our then-current hourly rates.

9.2 Process.

We will promptly notify you of any claim subject to Section 9.1, but our failure to promptly notify you will only affect your obligations under Section 9.1 to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.

10. Disclaimers.

The service offerings are provided “as is.” We make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third party content, including any warranty that the service offerings or third party content will be uninterrupted, error free or free of harmful components, or that any content, including your content or the third party content, will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, we disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.

If you’re reading this, You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

11. Limitations of Liability.

In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if AGD LAB had been advised of, knew, or should have known, of the possibility thereof. Subscriber acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that AGD LAB would not enter into this agreement without these limitations. Subscriber hereby waives any and all claims against AGD LAB arising out of subscriber’s purchase or use of the services, or any conduct of AGD LAB’s directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services.

In addition, you agree that AGD LAB is not responsible for any data compiled by our services and that AGD LAB will not be liable, in any manner, as a result of your exposure to any defamatory, libelous, threatening, unlawfully harassing, obscene or otherwise unlawful content or data. In no event shall AGD LAB, or any third party provider of any component of the services or of any information delivered as part of the services, be liable to you and/or any party for any damages of any kind, including but not limited to direct, indirect, special, exemplary, punitive, consequential or similar damages arising out of or related to the services, content, products, the use or inability to use this website, or any linked website, including without limitation, lost profits, loss of use, business interruption, or other economic losses, loss of programs or other data, whether in an action of contract, negligence or other tortious action, even if AGD LAB is advised of the possibility of such damages, including liability associated with any viruses which may infect your computer equipment.

Some jurisdictions limit or prohibit the foregoing limitations, and in such jurisdictions the foregoing limitations shall be applied to the maximum extent permitted by law.

12. Modifications to the Agreement.

We may modify this Agreement (including any Policies) at any time by posting a revised version on the AGD LAB Site or. The modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Services after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the AGD LAB Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the start of this Agreement.

13. Miscellaneous.

13.1 Force Majeure.

We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

13.2 Independent Contractors; Non-Exclusive Rights.

We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.

13.3 No Third Party Beneficiaries.

This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.

13.4 Notice.

Unless otherwise specified in the Agreement, any notifications and declarations in connection with the Agreement may also be made by email. To this end, AGD LAB may use the email address the Customer provided upon registration or in the AGD LAB account. The Customer shall be responsible for checking its emails regularly and, if necessary, updating its email address. AGD LAB’s contact information is available under this link: https://www.agdlab.eu/en/contact-us/.

Language. All communications and notices to be made or given pursuant to this Agreement must be in the English language.

13.5 Assignment.

You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 13.8 will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

13.6 No Waivers.

The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.

13.7 Severability.

If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.

13.8 Governing Law; Venue.

This Agreement shall be governed by the law of the Czech Republic, special rules for the consumers may apply depending on their domicile.

Any and all disputes arising out of the rights and obligations shall be submitted to ordinary court proceedings. Where applicable and unless stated otherwise in the Contract, the Customer accepts the court determined by the seat of AGD LAB as the exclusive legal venue under the Agreement.

13.9 Entire Agreement; English Language.

This Agreement includes the Policies and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. Notwithstanding any other agreement between you and us, the security and data privacy provisions in Section 3 of this Agreement contain our entire obligation regarding the security, privacy and confidentiality of Your Content. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control over this document. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.

14. Definitions.

“EULA” means the policy currently available at https://agdlab.eu/en/agd-lab-end-user-license-agreement/, as it may be updated by us from time to time.

“Account Information” means information about you that you provide to us in connection with the creation or administration of your AGD LAB account. For example, Account Information includes names, usernames, phone numbers, email addresses and billing information associated with your AGD LAB account.

“AGD LAB Content” means Content we make available in connection with the Services or on the AGD LAB Site to allow access to and use of the Services, including Videos; Documentation; sample code; AGD LAB Content does not include the Services.

“AGD LAB Site” means https://agdlab.eu, and any successor or related site designated by us.

“Content” means software (Graphical User Interface software created by AGD LAB. The Software legally is an author’s work and it is protected by applicable law against infringement of rights of authorship), data, text, audio, video, or images.

“Documentation” means the developer guides, getting started guides, user guides, quick reference guides, and other technical and operations manuals and specifications for the Services located at https://AGD LAB.com/help, as such documentation may be updated by us from time to time.

“Authorized User” means any individual or entity that directly or indirectly through another user: (a) accesses or uses Your Content; or (b) otherwise accesses or uses the Services under your account. The term “Authorized User” does not include individuals or entities when they are accessing or using the Services or any Content under their own AGD LAB account, rather than your account.

“Policies” means the EULA, the Site Terms, all restrictions described in the AGD LAB Content and on the AGD LAB Site, and any other policy or terms referenced in or incorporated into this Agreement. Policies does not include whitepapers or other marketing materials referenced on the AGD LAB Site.

“Privacy Policy” means the privacy policy currently referenced at https://agdlab.eu/en/privacy-policy-agdlab/, as it may be updated by us from time to time.

“Service” means each of the web services made available by us.

“Service Attributes” means Service usage data related to your account, such as resource identifiers, metadata tags, security and access roles, rules, usage policies, permissions, usage statistics and analytics.

“Services” means the Services, the AGD LAB Content, the AGD LAB Site, the Software Content and any other product or service provided by us under this Agreement. Services do not include Third Party Content.

“Software Content” means a software offered by AGD LAB

“Site Terms” means the terms of use located at https://agdlab.eu/en/agd-lab-terms-of-service-agreement/, as they may be updated by us from time to time.

“Suggestions” means all suggested improvements to the Services that you provide to us.

“Term” means the term of this Agreement described in Section 7.1.

“Third Party Content” means Content made available to you by any third party on the AGD LAB Site or in conjunction with the Services.

“Your Content” means Content that you or any Authorized User transfers to us for processing, storage or hosting by the Services in connection with your AGD LAB account and any computational results that you or any Authorized User derive from the foregoing through their use of the Services. Your Content does not include Account Information.

“Your Submissions” means Content that you submit to AGD LAB.

"HMI project" – refers to software intended for machinery applications, encompassing multiple versions within the same project structure.

AGD LAB - Terms of Service Agreement

Contents

5.1

5.2

5.3

5.4