Terms of Service

These terms (« Agreement ») govern the conditions for access and use of the “application services” offered by Makitoo (as definied herein) and its content. Please, read them carefully before using the application services as they constitute a binding legal agreement. If you do not agree to these terms, do not use Makitoo’s application services. By accepting these terms below, or by using Makitoo’s application services in any manner, you and the entity you represent (“you” or « your ») agree that you have read and agree to be bound by the terms and conditions of this agreement to the exclusion of all other terms. To access this platform and use it, you must comply with these terms and conditions without restriction.

1Definitions

Application Services: means the services developed and offered by by Makitoo SAS. This include access to any online tool as well as downloadable content (SDK) published by Makitoo SAS.

You , your : refers either (a) to you as a natural person or a group of natural persons you have authority to represent, or (b) a legal person (organization or any other entity) you certify that you have the authority to bind to these terms and conditions, in which case the terms « you » and « your » shall refer to this entity.

Order form: means either (a) a document signed by both parties granting access to the Application Services purchased by Makitoo User and made available by Makitoo pursuant to this Agreement or (b) Makitoo User’s selection and acceptance of a specific pricing tier via the online purchasing process on Makitoo website.

Application(s): means the application(s) designed, developed and used by the Makitoo User.

Software: means any computer program protected by copyright law and its specifications and related documentation.

Terminal(s): server, laptop and desktop computers, mobile phones and touchpads and any other digital device.

Makitoo User:means any natural or legal person who has access rights to the Makitoo Application Services.

Content: means all documents, information, Software available and accessible from Makitoo Application Services.

Collected Data:means data crashes, bug (bug reports) and data from the Terminal concerned retrieved via the Makitoo Application Services by Makitoo Users.

Aggregated Data: refers to statistics compiled by Makitoo SAS from bug reports coming from the Collected Data.

Personal and/or individual Data: means your personal data collected by Makitoo SAS and necessary for the creation and management of your account to grant you access to Makitoo Application Services.

2Licence - Intellectual Property

Subject to the terms set forth in this Agreement, Makitoo grants you a limited, non-exclusive, non-transferable license to use the Makitoo Application Services (as defined herein) for your internal use and not for resale or further distribution. Your right to use the Application Services is limited by all terms and conditions set forth in this Agreement.

Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of the Makitoo Application Services; (b) rent, lease or sublicense access to any of the Makitoo Application Services; or (c) circumvent or disable any security or technological features or measures of the MAKITTO Platform.

These terms and conditions apply to the use of any part of the Application Services, including the website available at http://www.dashboard.Makitoo.com/ or other designated websites or IP adresses all over the world. Makitoo Application Services is the ownership of Makitoo SAS. Makitoo SAS and its licensors retain all right, title and interest in and to the Application Services, including all related intellectual property rights. The Application Services are protected by applicable intellectual property laws. Makitoo Application Services are Based on Spoonware, software from INRIA and Lille-I.

All codes and Software, texts, images, interfaces, photographs, sounds, marks, (referred to as "Content" ) contained on Makitoo Application Services belong to Makitoo SAS or are licensed to Makitoo SAS and are protected by French and international laws.

Makitoo SAS reserves the right to modify these specific conditions of use at any time without notice

Any Content of Makitoo Application Services may not be reproduced, downloaded or distributed in any way whatsoever without the prior written consent of Makitoo SAS.

You agree to these terms and any other conditions of use of Content consisting of Software which you may access from Makitoo Application Services.

3Purpose

Makitoo Application Services is designed to allow a Makitoo User to detect crashes and bugs in his Application(s) into production. Once the bugs are detected, it allows the Makitoo User to apply hotpatches that can correct or reduce the severity of bugs. These features are only possible using tools specified on the Application Services website.

4Access, Accounts, Passwords and Security

Makitoo SAS does not provide the equipment required to access Makitoo Application Services. You are responsible for all fees charged by third parties related to your access and use of Makitoo Application Services (e.g., charges by Internet service providers).

Makitoo SAS reserves the right to modify or discontinue, temporarily or permanently, all or any portion of Makitoo Application Services without notice. Makitoo SAS will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of Makitoo Application Services.

Makitoo SAS also reserves the right, in its sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate access to Makitoo Application Services at any time, for any or no reason, without prior notice, and without liability.

You are solely responsible for maintaining the confidentiality of your account and password. You agree to notify immediately Makitoo SAS by email at the following address contact@Makitoo.com unauthorized use of your account and/or password or any other breach of security and confidentiality. You may be liable for damages suffered by Makitoo SAS or any third party due to the use of information related to your account on Makitoo Application Services by another person.

You can cancel your account, at any time, without giving any reason. For that, you have to ask its destruction by sending an email to the following address: contact@Makitoo.com. Such termination will delete on Makitoo SAS servers all your Applications and the Collected Data.

Upon termination of your account to access Makitoo Application Services, you agree not to use anymore and to destroy any downloaded content linked to Makitoo Application Services.

5Trademarks

Makitoo, the Makitoo logo, and any other product or service name or slogan displayed on the Makitoo Application Services are trademarks of Makitoo SAS and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Makitoo SAS or the applicable trademark holder. You shall not use any metatags or any other “hidden text” utilizing “Makitoo” or any other name, trademark or product or service name of Makitoo without prior written permission. In addition, the look and feel of the Makitoo Application Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Makitoo SAS and may not be copied, imitated or used, in whole or in part, without prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Makitoo Application Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Makitoo SAS.

6Platform and Content

All the Software available on Makitoo Application Services downloadable in executable form only for the purpose of using Makitoo Application Services. If you’d like to get a license to use (with or without access to source code) one of the Software for other purposes, please contact us at the following email address: contact@Makitoo.com

You're not allowed to use computer programs or other manual or automatic device for (i) acquire or copy all or part of the Makitoo Application Services and its Contents, (ii) impair the functioning of the Makitoo Application Services, and / or (iii) violate authentication measures and partitioning implemented on the Platform.

7Disclaimer of Warranty – Liability

Makitoo SAS rejects any form of guarantee for Makitoo Application Services and its contents. Makitoo SAS disclaims any liability with regard to the use of Makitoo Application Services and its contents. Makitoo SAS shall, in no event, be liable for any loss or damage due to a failure, mistake, interruption, computer virus, destruction, unauthorized access to Makitoo Application Services.

Use of the Application Services is at Makitoo User’s sole risk. The Application Services are provided on an “as is” and “as available” basis. Makitoo and its suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied indemnities and warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Makitoo does not guarantee the accuracy, completeness, or usefulness of the Application Services, and Makitoo User relies on the Application Services at its own risk. Any material that Makitoo User accesses or obtains through the Application Services, including Makitoo User content, is done at Makitoo User’s own discretion and risk and Makitoo User will be solely responsible for any damage to Makitoo User’s computer or loss of data that results from the download of any material through the Application Services. No advice or information, whether oral or written, obtained by Makitoo User from Makitoo SAS or through or from the Application Services will create any warranty not expressly stated in this agreement.

Makitoo SAS and its suppliers and licensors will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Makitoo SAS has been advised of the possibility of these damages), resulting from Makitoo User’s use of the Application Services. Under no circumstances will the total liability of Makitoo SAS and its suppliers and licensors of all kinds arising out of or related to Makitoo User’s use of the Application Services (including but not limited to warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, negligence or otherwise, exceed the amounts, if any, that Makitoo User has paid to Makitoo SAS for Makitoo User’s use of the Application Services for the twelve (12) month period prior to the claim.

Makitoo User will defend, indemnify and hold harmless Makitoo SAS, its suppliers and licensors, and its respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns, from any costs, damages, expenses, and liability caused by Makitoo User’s use of the Application Services, Makitoo User’s violation of this Agreement, Makitoo User Content, or Makitoo User’s violation of any rights of a third party through use of the Application Services.

8Infringement of the conditions of use

Any breach of the present terms of use will lead to termination, at the sole discretion of Makitoo SAS and without notice, of your account and your access rights to the Makitoo Application Services without compensation and without prejudice to any damages for which you may claim.

9Personal Data

In accordance with the law n ° 78-17 of 6 January 1978, the processing of your Personal Data is subject to a declaration to the National Commission for Informatics and Liberties (NCIL). You have a right to access, modify, rectify and delete your data. For that you have to apply by writing to the following email address: contact@Makitoo.com

10Collected Data

Makitoo SAS agrees not to distribute, publish or sell the Data Collected on your Application (s).

You cannot use the Makitoo Application Services to retrieve any personally identifiable information such as names, numbers, private data (account and password of applications), and so on (eg, names and phone number of the register ....) from users of your application(s).

Makitoo reserves the right to exploit Customer Data, after making their anonymity and their statistical implementation, for purposes of qualitative and quantitative studies in order to improve its services. The process of anonymisation is irreversible and ensures strict unability to go back and / or identify the Customer or Individuals behind the Data.

11Applicable law – dispute

The present terms of use are governed by French law.

In case of difficulty in the interpretation, execution and / or the validity of these terms, Makitoo SAS and you will strive to resolve the dispute amicably within a period of two (2) months after its appearance. In case the disagreement persists, the matter shall be referred to the competent courts of Paris. These terms of use may be modified at any time by Makitoo SAS, in particular in case of technical, legal or jurisprudential changes or due to the introduction of new services. You should periodically check these Terms of Use and you agree to immediately discontinue all use of Makitoo Application Services in case of disapproval of them as you are required to accept these terms of Use.

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