Thank you for visiting our Website. NCheck Cloud is a cloud service that belongs to and is mangaged by Neurotechnology. Our web services ("Services") enable you to use AI in your web-enabled application, website or service.
Please read this Agreement carefully before using Services (as defined below). By using any part of the Website or using any Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not further use the Website or any Services. Accepting terms and conditions is strictly limited to following terms:
- Services. Services include such features as are set forth on Provider's Website, as Provider may change such features from time to time, in its sole discretion.
- Grant of right to use Services. Provider will provide the Service to Recipient pursuant to its standard policies and procedures then in effect. The right to use the Service is worldwide, temporal, revocable, non-exclusive, personal and non-transferable subject to terms and limitations as described in this Agreement.
- Recipient's Account. If you sign up to the Website or Services, you are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. You must immediately notify us via NCheck Cloud Website of any unauthorized uses of your Account or any other breaches of security. Neurotechnology will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Recipient's Identity. Recipient warrants: (i) that it has accurately identified itself through its Account and will maintain the accuracy of such identification; and (ii) that it is a corporation or other business entity authorized to do business pursuant to applicable law or an individual 16 years or older; (iii) that it will not create more than one Account without prior permission from the Provider for each additional Account.
- Right to Do Business. Recipient warrants that it has the full right and authority to enter into, execute, and perform its obligations under this Agreement and that no pending or threatened claim or litigation known to it would have a material adverse impact on its ability to perform as required by this Agreement.
- Use of Services. In order to use NCheck Cloud Services in you web-enabled application, website, service or other (collectively "Application"), your Application must comply with following guidelines, terms and conditions:
- Your Application must not violate any law, statute, ordinance or regulation.
- If your application uses third party products or services in connection with NCheck Cloud Services you shall also adhere to that third party terms and conditions including but not limited to any aspects of security, authentications and other aspects related to personal information.
- You application must be transparent to your users and must clearly notify user if use of your Application can affect Personal, Privacy and other users rights and provide control of such usage.
- You are responsible for security and correct use of your application as well as of binding between your Application and NCheck Cloud Services. In existence of any security threat you must eliminate the threat as fast as possible, report to NCheck Cloud support team and actively cooperate with us on it. Also, you will not make any public statement about such situation before prior written permission from Neurotechnology in each case.
- Your Application must not be used directly or indirectly in connection with or to promote any products, services, or materials that constitute, promote or are used:
- In relation with (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) stolen goods including digital and virtual goods (e) items that promote hate, violence, terrorism, racial intolerance, or the financial exploitation of a crime, (f) items that are considered obscene, (g) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (h) certain sexually oriented materials or services, pornography, prostitution, body parts and bodily fluids (i) ammunition, firearms, or certain firearm parts or accessories, or (j) certain weapons or knives regulated under applicable law.
- For the purpose of dealing with (a) spam, spyware, adware, or other malicious programs or code, (b) counterfeit goods, (c) items subject to US and EU embargo, (d) goods made from protected animal/plant species, (e) recalled goods, (f) any hacking, surveillance, (g) interception, or descrambling equipment, (h) items used for theft, fireworks, explosives, and hazardous materials, (i) government IDs, police items, (j) unlicensed trade or dealing in stocks and securities, (k) professional services regulated by state licensing regimes, (l) non-transferable items such as airline tickets or event tickets, (m) non-packaged food items.
- To (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or Ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the sale of traveler's checks or money orders, (h) involve currency exchanges or check cashing businesses, or (i) involve certain credit repair, debt settlement services, credit transactions or insurance activities.
- In sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
- Violating applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
- Involving gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Neurotechnology and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
- NCheck Cloud Services must not be used in connection with any situation which violates laws of Lithuania or any regulation and personal privacy, property and other rights and this Agreement.
- You must clearly state that your Application is powered by NCheck Cloud Services.
- Your Application will use NCheck Cloud Services in reasonable manner and comply with rate and other limits as specified on NCheck Cloud Website.
- Your Application shall not compete with NCheck Cloud Services.
- Submission of materials to the Website and Services. When you submit any materials to any of NCheck Cloud Services, post links or other materials on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, images, photos, audio or video file, source code, computer software or other type of materials. By making Content available, you represent and warrant including but not limited that:
- Use of the Content will not infringe the proprietary rights, including but not limited to the copyright, data protection laws, patent, trademark or trade secret rights, of any third party.
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content.
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms.
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
- The Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by NCheck Cloud or otherwise.
- For Content posted to the Website you grant Neurotechnology a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
- For Content submitted for processing to our Services you grant the right to use the Content in a non-person-identifiable manner to improve quality and user experience of our Services.
Without limiting any of those representations or warranties, NCheck Cloud has the right (though not the obligation) to, in Neurotechnology sole discretion (i) refuse or remove any content that, in Neurotechnology reasonable opinion, violates any NCheck Cloud policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason.
- Responsibilities of the Website visitors and Services users. Neurotechnology has not reviewed, and cannot review, all of the material, including images, audio, video, text, source code or computer software, posted to the Website or transferred through Services, and cannot therefore be responsible for that material's content, use or effects. By operating the NCheck Cloud Website, Neurotechnology does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material or products and services may be operated in a way that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Neurotechnology disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any use of NCheck Cloud Services by those visitors and materials they transfer.
- Content of Other websites. We have not reviewed, and cannot review, all of the material, including source codes and computer software, made available through the websites and webpages to which NCheck Cloud links, and that link to NCheck Cloud. Neurotechnology does not have any control over those non- Neurotechnology websites and webpages, and is not responsible for their contents or their use. By linking to a non- NCheck Cloud website or webpage, Neurotechnology does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Neurotechnology disclaims any responsibility for any harm resulting from your use of non- Neurotechnology websites and webpages.
- Copyright Infringement and DMCA Policy. As Neurotechnology asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by NCheck Cloud violates your copyright, please notify us by providing a written notice. NCheck Cloud support team will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
- Intellectual Property. This Agreement does not transfer from Neurotechnology to you any Neurotechnology or third party intellectual property. Neurotechnology, NCheck Cloud, the NCheck Cloud logo, and all other trademarks, service marks, graphics and logos used in connection with NCheck Cloud, or the Website and Services are trademarks or registered trademarks of Neurotechnology or Neurotechnology's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website or Services grants you no right or license to reproduce or otherwise use any Neurotechnology or third-party trademarks.
- Support. Neurotechnology may provide technical support for its Services in some situations. However, NCheck Cloud may decide, in its sole discretion, to provide technical support, general support or customization for its Services (collectively "Support"), and may terminate that Support at any time with or without notice. Neurotechnology may change, suspend or discontinue any or all features of Services at any time. Also, Neurotechnology may limit or restrict completely access to Website or Services without any notices or liabilities.
- Fees. Recipient agrees to pay fees for the use of the Service. Provider charges predefined fees for the Service depending on predefined maximum workload and database capacity, monthly usage and other criteria. Additional use is charged on per operation basis. Predefined fees are to be paid in the beginning of the payment period. Additional usage fees are to be paid monthly. If fees are not paid within 7 days of due date, Provider will automatically terminate service to Recipient. Charges are solely based on Provider's measurements of Recipient's use of the Services, unless otherwise agreed to in writing. Provider reserves the right to change fees for the Service, workload, usage, database capacity limits or other criteria at any time; however, Recipient will be informed in advance. Also, Neurotechnology may charge you for providing Services different from described in this Agreement. To the fullest extent permitted by law, Recipient waive all claims relating to charges unless claimed within 30 days after the charge (this does not affect Recipientâ€˜s credit card issuer rights). To the fullest extent permitted by law, refunds (if any) are at the discretion of Provider and only in the form of credit for the Service.
- Termination. Neurotechnology may terminate your use of all or any part of the Website or Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website or Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- No High Risk Use. NCheck Cloud Website and Services are not fault-tolerant. The Website and Services are not designed or intended for use in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to severe physical or environmental damage ("High Risk Use"). You are not allowed to use the Website or Services in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the Federal Food, Drug, and Cosmetic Act. You agree not to use the Website or Services in, or in connection with, any High Risk Use.
- Disclaimer. NCHECK CLOUD WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND AS AVAILABLE, AND PROVIDER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Without limiting the generality of the foregoing, (i) PROVIDER HAS NO OBLIGATION TO INDEMNIFY OR DEFEND RECIPIENT AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; and (ii) Provider does not warrant that the Website or Services will perform without error or interruption. You understand that you use NCheck Cloud Website and Services at your own discretion and risk.
- Limitation of Liability. IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARAISING FROM OR CENNECTED WITH USE OF THE PROVIDER SERVICES. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF PROVIDER IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF RECIPIENT'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of some provisions of this Section, some provisions of this Section may not apply to you.
- Waiver and release. To the maximum extent permitted by applicable law, you hereby release and waive all claims against Neurotechnology, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of this Website or Services. You understand that any fact relating to any matter covered by this release may be found to be other than you believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
- Indemnification. To the maximum extent permitted by applicable law, You agree to indemnify and hold harmless Provider, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website and Services, including but not limited to your violation of this Agreement.
- Changes to the Agreement. Provider reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of Website or Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Provider may also, in the future, offer new Services and/or features through the Website (including but not limited to the release of new services, products, tools and resources). Such new features and/or Services shall be subject to the terms and conditions of this Agreement.
- Independent Contractors. The parties are independent contractors and will so represent themselves in all regards. Neither party is the agent of the other, nor may bind the other in any way.
- Force Majeure. To the extent caused by force majeure the Provider will not be liable for delays or any failure to operate the Website, provide Services or perform this Agreement.
- No Waiver. The failure of the Provider at any time to require performance by the Recipient of any provision of this Agreement shall in no way affect Provider's right to enforce such provisions, nor shall the waiver by Recipient of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.
- Choice of Law & Jurisdiction. This Agreement is subject to the laws of the Republic of Lithuania. Any dispute, disagreement or claim arising out of this Agreement or related thereto (unless settled amicably) shall be resolved by a competent court of the Republic of Lithuania located in Vilnius city in the procedure established by the laws.
- Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.
- Amendments. In some situations Provider and Recipient could agree on modification to or variation of this Agreement. All such modification to or variation of this Agreement must be in writing and signed by authorized representatives of the Provider and the Recipient.
- Entire Agreement. This Agreement sets forth the entire agreement of the parties and supersedes all prior or contemporaneous writings, negotiations, and discussions with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communications.
This Agreement was last updated on December 07, 2018