Version 3.1. © Copyright 2000-2018 Elecard. All rights reserved
This User Agreement ("Agreement") is an agreement between any person or legal entity ("User" or "Licensee") registered to use or access the Boro Service and Elecard Devices, CJSC ("Elecard") the service provider. This Agreement covers your use of and access to the Boro Internet Service, its Application Programming Interface ("API") and any of its client applications developed by Elecard (jointly the "Boro Service"). This Agreement does not alter in any way the terms or conditions of any other agreement you may have with Elecard for products, software or services.
By registering and activating your account with the Boro Service (the "Effective Date"), and by using the Boro Service, you accept and agree to be bound by the terms and conditions of this Agreement and any related policies or guidelines as amended by Elecard from time to time.
IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH THIS AGREEMENT, YOU MUST NOT USE THE BORO SERVICE.
IF THE BORO USER AGREEMENT IN ITS WRITTEN FORM, THE TERMS OF THE BORO SERVICE USE DEFINED IN THE BORO USER AGREEMENT PREVAILS OVER THE CURRENT BORO USER AGREEMENT.
The Boro Service and its information, content, and software displayed on the Boro webpage (https://www.elecard.com/products/monitoring/boro-service) or transmitted through or used in connection with the Boro Service, are owned by Elecard, and are protected by copyright, trademark and other intellectual property laws and international treaties. Each respective User owns and is responsible for the content analyzed by the Boro Service. The Boro Service does not claim any ownership of User content.
1. License Grant
During the term of this Agreement, Elecard grants you a non-exclusive, revocable license to use the Boro Service in any commercial activity for stream monitoring, subject to the terms and conditions of this Agreement.
Except as expressly permitted under this Agreement, you agree not to:
- Use the Boro Service for analyzing unlawful content.
- Modify, distribute or create derivative works based on the Boro Service.
- Rent, lease, lend or sell access to or otherwise make available to others the Boro Service or any part thereof.
- Decompile, reverse engineer or copy the Boro Service.
3. Payment terms
The Boro Service (free version) is provided at no charge to Licensee and stipulates that Licensee agrees that Elecard may (a) offer additional optional services to Licensee for a fee or (b) offer a business version of the Boro Service for a fee. Elecard, at any time, discontinue the no-charge version of the Boro Service and only offer a business version. In these events, License fee must be paid in advance by either: (i) Payment is by wire-transfer within 14 (fourteen) calendar days after the date of Elecard invoice; (ii) Payment is by credit card (online). Online credit card payments are handled by the third party payment provider ShareIt. A link to the ShareIt secure servers can be found at this website. The customer's credit card details are collected and payments approved by ShareIt.
4. Refund Policy
There are no refunds, in whole or in part, for partially used periods you've already paid for.
The first payment in amount of $200 USD is non-refundable.
You are entitled to get a refund for the full period you've already paid for in compliance with Section 8.
"Elecard's Trademarks" means trademarks, trade names, service marks, service names, logos, brands, trade dress, and other relevant designations of Elecard. Elecard's Trademarks displayed within the Boro Service may not be used without Elecard's express permission.
6. Intellectual property warranty
Elecard hereby warrants to Licensee that it has the authority, power, and right to grant the rights and license to Licensee under this Agreement.
User Agreement for the Boro Service Version 3.1. © Copyright 2000-2018 Elecard. All rights reserved. Licensee is aware that this Agreement does not comprise all the technologies, or include licenses to all of the patents or other intellectual property, required to use or distribute the Software. In case Software implements H.264 (AKA "AVC"; or "MPEG-4 part 10") Encoder or Decoder, then this notice comes into force: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL USE OF A CONSUMER OR OTHER USES IN WHICH IT DOES NOT RECEIVE REMUNERATION TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM
7. Accounts, Passwords and Security
You must be a registered User to use the Boro Service. As a User, you are responsible for keeping your password secure. You are responsible and liable for all activities that occur under your e-mail address. Providing third party (including an individual, who is not your employee) with an access to the Boro Service is not allowed under this Agreement. Password recovery will only be allowed to your registered email address, if you fail to register a correct email address and loose your password, you will not be able to access your account, including access to the Boro Service.
8. Deactivating your Account
Elecard has the right (at its sole discretion) to delete or deactivate your Internet account, block your email or IP address, or otherwise terminate your access to or use the Boro Service without notice at any time for any breach of this Agreement.
9. Term and Termination
Licensee may terminate this Agreement (at its sole discretion) upon prior written notice at any time. In this case Elecard has the right to retain the penalty in an amount equal to $200 USD.
Elecard may at any time and for any reason terminate this Agreement and/or terminate the provision of all or any portion of the Boro Service. In this case Licensee entitled to get a refund for unused period.
10. Consent to Use Data
You agree that Elecard may collect, analyze, store and use technical data and related personally-identifiable information, including but not limited to stream statistics, screenshots, personal information, that is gathered to facilitate the troubleshooting activities and improve your services.
We will only use personal information (such as your mobile phone number and e-mail address) to communicate with you about our Services, send you monitoring data reports and let you know about statistics gathering and pinpointing problems.
11. Limitation of Liability
YOUR USE OF THE BORO SERVICE IS AT YOUR SOLE RESPONSIBILITY AND RISK. THE BORO SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT OF THE LAW, ELECRAD EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR APPLICABLE BY LAW INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, ACCURACY, SYSTEM INTEGRATION AND NON-INFRINGEMENT. TO THE FULLEST EXTENT OF THE LAW, ELECARD SHALL NOT BE LIABLE FOR ANY CLAIMS, SUITS, LOSSES, DAMAGES OR COSTS ARISING OUT OF ANY ERROR(S) IN RELATION TO THE BORO SERVICE.
You agree to indemnify, defend, and hold harmless Elecard, its officers, directors, employees, agents, licensors and suppliers from and against all claims, suits, losses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you or any activity related to your Boro Service account.
13. Amendments to Agreement
This Agreement may be amended by Elecard from time to time, without notice. Any amendment shall be effective from the time of posting on the webpage. Licensee is responsible for regularly reviewing any updates to this Agreement. Any changes, amendments or modifications to this Agreement will become binding (i) by Licensee's online acceptance of updated terms, or (ii) after Licensee's continued use of the Boro Service after such terms have been updated by Elecard.
14. Disputes and Governing Law
Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The language to be used in the arbitral proceedings shall be English.
This Agreement shall be governed by the UNIDROIT Principles of International Commercial Contracts ("Principles") and, in respect of matters, which are not governed by the Principles, by law, which is applicable in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.