TERMS OF SERVICE

This is an agreement between you or the entity that you represent (hereinafter You, Your or Yours) and Neurik S. de R.L. de C.V. (hereinafter “Neurik”) a company with its principal place of business at Río Lys #337 A, Colonia del Valle (66230), Monterrey, NL, MX. Neurik operates the site www.eodin.com (hereinafter “Service”). By using the Service or any other services (hereinafter “Services”) from Neurik You are agreeing to be bound by the following terms and conditions (hereinafter “Terms of Service”).

Neurik reserves the right to change the Terms of Service from time to time and without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute Your consent to such changes.

You must be of legal age to enter into a binding agreement in order to accept the Terms of Service. If You do not agree to the Terms of Service, do not use any of our Services. You can accept the Terms of Service by checking a checkbox or clicking on a button indicating Your acceptance of the Terms of Service or by actually using any of the Services.

Violation of any of the terms below will result in the termination of your account.

Account Terms

To open an account on the Service You must have the legal age to enter into a binding agreement, accept the Terms of Service, provide Your legal full name, a valid email address and any other information required by Neurik during the registration process. You will keep this information accurate during the term of this service. You are responsible for maintaining the security of Your account and password. Neurik cannot and will not be liable for any loss or damage from Your failure to comply with this security obligation. You are responsible for all content posted and activity that occurs under Your account (even when content is posted by others who have accounts under Your account). One person or legal entity may not maintain more than one free account. Accounts may not be created by ‘bots’ or any other automated methods.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws).

You agree that Neurik will not be liable to You or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Services for any reason.

License Grants & Restrictions

Neurik hereby grants You a non-exclusive, non-transferable, worldwide right to access and use the Services, with supported browsers through the Internet for Your own purposes, subject to the Terms of Service set forth in this agreement.

Neurik Privacy Policy governs all the personal information You provide to Neurik through the Services. Your election to use the Services indicates Your acceptance of the terms of the Neurik Privacy Policy. You are responsible for maintaining confidentiality of Your username, password and other sensitive information. We are not responsible for any loss or damage to You or to any third party incurred as a result of any unauthorized access and/or use of Your user account.

Other responsibilities

  • You are responsible for all activity occurring under Your accounts and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to Your use of the Services, including but not limited to those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
  • You must notify Neurik immediately of any unauthorized use of any password or account, or any other known or suspected breach of security, making use of all reasonable efforts to stop any copying or distribution of the Services.
  • You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.

Restrictions

In addition to all other terms and conditions of this agreement:

  • You must not permit the Services to be used by or for the benefit of unauthorized third parties.
  • Nothing in the Terms of Service shall be construed to grant You the right to transfer or assign rights to access or use the Services. Neurik and its licensors reserve all rights not expressly granted to You.
  • You must not modify or make derivative works based upon the Services.
  • You must not reverse engineer or access the Services in order to:
    1. Build a competitive product or service.
    2. Build a product using similar features, functions or graphics of the Services.
    3. Copy any features, functions or graphics of the Services.
  • You further acknowledge and agree that, as between the parties, Neurik owns all right, title, and interest in and to the Services, including all intellectual property rights therein.
  • You must not upload, post, email, transmit or otherwise make available:
    1. Any information, materials or other content that is illegal, unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses, or that which infringes or may infringe intellectual property or other rights of another.
    2. Any login data and/or passwords for other web sites, software or services
  • You must not reverse engineer, decompile or disassemble any of the software, systems and/or applications used to provide the Services.
  • You must not reproduce, duplicate, copy or exploit any other portion of the Services without express written permission of Neurik.
  • You must not Interfere with or disrupt the Services in any way.
  • You must not try to gain access to restricted information within the Services or try to obtain, store or modify any personal information about other users or accounts.
  • You must not modify, adapt or hack the Services.
  • You must not use the Services for any illegal or unauthorized purpose.
  • You must not use the Services to violate any laws in Your jurisdiction or others.
  • You must not provide any service based on the Services without prior written permission.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of Your transmissions through the Services. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate Your access to the Services if there are reasonable grounds to believe that You have used the Services for any illegal or unauthorized activity.

Application Template Gallery

During the time You use the Service You may create templates, which You may share by making them available in the Service Application Template Gallery. You hereby grant to Neurik a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivate works and exploit Your contribution in connection with Neurik’s operation of the Services.

The templates offered in the Service are Neurik’s property and you agree not to use them outside the Service itself unless otherwise expressed in written permission by Neurik.

Communication from Neurik

The Service may include certain communications from Neurik, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide You total privacy, we also provide You the option of opting out from receiving newsletters from us. However, You will not be able to opt-out from receiving service announcements and administrative messages.

Payments, refunds, upgrades and downgrades

Subscriptions to paid Services are available on monthly subscription plans. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.

If You sign up for any of the paid plans and You do not cancel Your account within 30 days, You will be billed monthly starting on the 30th day after Your account was initially created.

If You upgrade from a free account to any paying plan the credit card You provide will be automatically billed for the first month.

The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

If You downgrade from any plan, Your credit card will be charged the new rate on Your next billing cycle. When upgrading, the credit card provided will be charged the new rate plus the difference between the new plan and the last plan for the remaining days of the month on Your next billing cycle.

Downgrading Your Service may cause the loss of content, features, or capacity of Your account. Neurik does not accept any liability for such loss.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.

Cancellation

You are the only responsible for properly cancelling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the “My Account” link in the menu bar at the top of the screen. The “My Account” screen provides the cancellation link.

The cancellation of your account will result in the deactivation or deletion of your account and your access to your account, and the loss of all your content in your account. This information cannot be recovered from Neurik once your account is cancelled. We retain residual information in our backup and/or archival copies of our database. On your request we will make reasonable commercial efforts to delete your information as soon as possible.

After making the cancellation you will not be charged again. There will be no refunds for unused time.

Suspension or termination

Neurik, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any other Neurik service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all the content in your account. Neurik reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and prices

Neurik reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any of the Services with or without notice.

Prices to all Services (including free Services) are subject to change upon 30 days notice from Neurik. Such notice may be provided at any time by posting the changes in the Eodin Site (eodin.com) or the Service itself.

Neurik shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and content ownership

We respect Your right to ownership of content created or stored by You. Your profile and materials uploaded by You to the Service remain Yours. But You grant Neurik permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of Your user account solely as required for the purpose of providing the Services to You.

Also, by setting Your content to be shared publicly, You agree to allow others to view and share any content.

Neurik and its designee do not pre-screen the content, but have the right in their sole discretion to refuse or remove any content that is available via the Service.

Sample files, catalogs and templates

Neurik may provide sample files, catalogs and templates for the purpose of demonstrating the capabilities of the Service. The information contained in the samples consists of random data. Neurik makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files, catalogs and templates.

Disclaimer and Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES ARE AT YOUR DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR THE LOSS OF DATA UPLOADED OR POSTED IN THE SERVICE. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. NEURIK AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEURIK MAKES NO WARRANTY THAT:

  • THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR BE VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL.
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
  • ANY ERRORS IN THE SERVICES WILL BE CORRECTED

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM NEURIK, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Limitation of Liability

YOU AGREE THAT NEURIK OR ITS LICENSORS SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NEURIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH NEURIK RELATED TO ANY OF THE SERVICES SHALL BE THE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL NEURIK'S OR ITS LICENSORS' ENTIRE LIABILITY TO YOU, IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Without limiting the foregoing, under no circumstances shall Neurik or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Indemnification

You agree to indemnify and hold harmless Neurik, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that You have used the Services in violation of another party's rights, in violation of any law, in violations of any provisions of the Terms of Service, or any other claim related to Your use of the Services, except where such use is authorized by Neurik.

Arbitrations

These Terms of Service will be governed by and construed in accordance with the laws of the State of Nuevo León, without giving effect to its conflict of law provisions or Your actual state or country of residence. Any controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Nuevo León and entered into any court having jurisdiction there. Nevertheless, Neurik may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between You and Neurik and govern Your use of the Service, and supersedes and replaces all prior or contemporaneous understandings or agreements between You and Neurik, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of Neurik.

General

Technical support is only provided to paying account holders and is only available via email.

You understand that Neurik uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Neurik.

One person or legal entity may not maintain more than one free account.

Bad behavior, verbal, physical, written or other abuse (including threats of abuse or retribution) of any Neurik customer, employee, member, or associate will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.

If Your bandwidth, CPU or database usage exceeds the amount stated in Your plan or significantly exceeds the average usage (as determined solely by Neurik) of other Service customers, we reserve the right to immediately disable Your account or regulate Your file hosting, CPU and database usage until You can reduce Your consumption.

The failure of Neurik to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

• If Neurik provides you with a translation of the Spanish language version of these Terms of Service, the Spanish language version of these Terms of Service will control if there is any conflict.