INNOWAVE

TERMS OF USE

May, 2019

These Terms of Use apply to the use of all services provided by the InnoWave business Application [InnGage-CityPoints] (hereafter referred to as “the App”). It governs the relationship between you and InnoWave regarding your use of the App and its Services. By downloading, installing, accessing or using any part of the App and its Services you agree to these Terms and agree to be bound by them. Use of the App and its Services is also governed by InnoWave Privacy Policy and other relevant policies. These Terms along with InnoWave’s Privacy Policy affect your legal rights and obligations. If you do not agree to these Terms, you may not access or use the App or its services.

 

BY INSTALLING THE APP, USING OR OTHERWISE ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE APP AND ITS SERVICES IS VOID WHERE PROHIBITED.

 

 

Clause 1 – Acceptance of Terms

 

These general terms and conditions are intended to govern the access and use of InnoWave App provided by InnoWave Technologies.

 

Before accessing or using the App, you must agree to these Terms of Use and InnoWave’s Privacy Policy. By using the Services you represent that you are age 17 or older. If you are under 17, according to laws applicable to you, you represent that your legal guardian or legal representative has reviewed and agreed to these Terms and has given you permission to access and use the Services.

 

Subject to you agreeing to these Terms and your continued compliance with these Terms and any other relevant policies, InnoWave grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Services for your own non-commercial purposes. You agree not to use the App and its Services for any other purpose.

 

The App Services are provided to you for your personal and non-commercial use only. You shall not sell, rent or give away your access to the App, create accounts by using false identities or information, or on behalf of someone other than yourself. You shall not use the App Services if you have previously been removed from using any part of the Services by InnoWave.

 

When you access the App and its Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the App and its Services may be prohibited or restricted by your network provider and the some or all parts of the Services may not work with your network provider or device.

 


Clause 2 – App Description

 

This InnoWave App consists of both a mobile computer application and a web-based Administration Portal, with mandatory authentication, which allow the user, hereinafter referred to as the User, to have access to the services and features the App provides.



Clause 3 - Access and enforcement

 

1. The User accesses the App and can use the features it offers.

2. The execution of App implies the acceptance by the User of these Terms of Use.

3. Access to the APP is processed through the User registration.

 


Clause 4 – Usage and Quality

 

You may download a single copy to any mobile equipment solely for your own individual, non-commercial use, provided you agree to be bound by these Terms of Use.

 

1. The User is responsible for keeping confidential his account data - all access codes, passwords or any other secret codes or information regarding the execution of the App and may not transmit them to third parties.

2. Best App usage is dependent on the mobile equipment used. The User should assure the mobile equipment and its Operating System is compatible and meets the minimum requirements for each App version.

3. Upon downloading the App the user should accept the installation on his mobile equipment.

4. InnoWave shall not be accountable for unsuccessful App installations on any unsupported mobile equipment.

5. Upon installation should the App not work properly, the User should uninstall, download it again and re-install.

6. The User should only use the App for its intents, and in conformity with the present Terms of Use. Any other use that may compromise legal rights, damage, overload or degrade the App functionality or performance is not authorized within the scope of this Terms of Use.

7. Should the User fail to follow the present Terms of Use, InnoWave is entitled to terminate User access to the App and its services in whole or in part.

8. The User should report to InnoWave any App anomalies, as well as any observed unauthorized App actions or usage.

 


Clause 5 - Characterization of the Service and Responsibility / Disclaimer and Warranties

 

The User acknowledges that the access and use of the App is made using computer systems and external communications networks that may present faults, defects or errors of operation or design, situations of which InnoWave Technologies is extraneous.  Although InnoWave has implemented best measures to provide constant, uninterrupted access to the App and its Services we do not guarantee this and accept no responsibility or liability for any interruption or delay.

 

You can access other sites via links from the App. These sites are not under InnoWave control and we are not responsible in any way for any of their contents. External content presented in the App regarding any third-party information, is the sole responsibility of the entities that provide it.

 

The User should keep and maintain the mobile equipment updated with all the latest OS and security updates and follow security best practices, recommended by the hardware provider, mobile OS, anti-virus apps and the operator.

You must take your own precautions as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties, or App unavailability due to compromised or unsecured mobile equipments.

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. NO VERBAL INFORMATION OR ADVICE SHALL CREATE A WARRANTY.



Clause 6 - Intellectual and Industrial Property Rights Ownership

 

1.     InnoWave Technologies retains full industrial, intellectual, copyright or related property rights over the App and all its components, including software, images, sound and all information, including documentation, procedures and updates or developments or derivations, that is provided, disclosed or transmitted to the User in connection with the access, execution and use of the application.

 

InnoWave reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its Services. Except as expressly provided in the Terms, InnoWave does not grant any express or implied rights to the InnoWave Property.

The App and all of its contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by InnoWave or other providers of such material and are protected by Portugal and international copyright, trademark, patent, and other intellectual or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the App material.

 

2. Any use of the App made by the User for purposes other than those authorized herein copies, total or partial, shall cause the User to be liable to InnoWave Technologies, civil and / or criminal, as applicable, and obligation to indemnify InnoWave Technologies for all damages caused.


You must not:

·        Modify copies of any materials from the App

·        Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

·        Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App.

·        Reverse-engineer or otherwise attempt to steal the software code of the App

 

Any use of the App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 


Clause 7 - Personal data / Privacy Policy

 

The data collected and generated in the scope of the App usage is processed automatically by InnoWave Technologies for the purposes of the App functionality. InnoWave and its partners assure the adequate levels of privacy and security in personal data processing.

 

InnoWave’s use of your personal data is governed by InnoWave Privacy Policy. You approve to processing your personal data in accordance with the InnoWave Privacy Policy by downloading, installing, accessing or using the App.

 

InnoWave shall take appropriate measures to prevent unauthorized access to, improper use of and the reasonable accuracy of your personal data submitted to InnoWave via the App. Various technologies, including, in certain instances, encryption, is used to ensure the high security standards. Any data that is stored on InnoWave servers is not generally available to the public. However, the use of internet services always includes security risks.



Clause 8 - Applicable Law and Pact of Jurisdiction

 

1. These Terms and Conditions are governed by Portuguese law.

2. The Portuguese courts and, among them, the courts of Lisbon, with express waiver of any other, are exclusively competent to resolve any dispute arising from this contract.

 

 

Clause 9 – Termination of use

 

Your use of the App is strictly tied to your compliance with these Terms. Any use of the App in violation with these Terms is strictly prohibited and can result in the immediate revocation of your limited license and may subject you to liability towards InnoWave or liability for violations of law.

 

InnoWave reserves the right to determine what conduct it considers to be in violation of these Terms or other rules of the App Services, or otherwise outside the intent or spirit of these Terms of Use or the App. InnoWave reserves the right to act as a result, which may include terminating your access to the App and its Services in whole or in part.

 

You acknowledge and agree that you are solely responsible for your actions in the App and actions made in the App Services using your user account. You may end your legal agreement with InnoWave at any time by deactivating your account and discontinuing your use of the Services. See instructions on how to deactivate your account and the Privacy Policy for more information on what happens to your information.

 

 

Clause 10 – Changes to Terms

 

InnoWave reserves the right to make changes to these terms at any time. Your continued use of the App and its Services will be deemed to confirm your acceptance of the updated terms. In addition to these Terms, you agree to abide by any supplemental policies of App related Services, such as policies related to specific services (including without limitation forums, chats or contests) as well as all other related operating rules or policies, each of which is incorporated by reference where applicable.

 

 

HOW TO CONTACT US 

If you have any questions or complaints about the use of your personal info, please send an e-mail to privacy@innowave.tech. 

Other contacts: 
Data Protection Officer
Carlos Pereira 
Email: carlos.pereira@innowave.tech