TERMS OF SERVICE
TECH12 računalniško programiranje d.o.o., Letališka cesta 12, 1000 Ljubljana, Slovenia. (“Tech12”, “We”, “Us” or “Our”) offers its cybersecurity apps for mobile devices.
These terms of service (the “Terms“) constitute a legally binding agreement between end user of the Services (“You”) and Tech12 governing your online and offline use of the software and collection of services offered on our website (the “Site”) and in our apps and their updates, as well as related services (collectively “Services”), and affecting your legal rights (the “Agreement”).
Please read these Terms and our Privacy Policy as well as other terms referenced in this document carefully as you must agree to (and comply with) them, accept them and agree to be bound by them before you may use the Site. ACCESSING OR USING ANY PART OF THE SERVICES INDICATES THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THE TERMS, AS WELL AS ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO OUR SERVICES THAT WE MAY PUBLISH FROM TIME TO TIME.
By installing Our App and/or using the Services, You agree to be bound by the term of these Terms and additional agreements, defined in the section Third Party Services.
If You download the app from any other online market for software applications that operate on devices powered by the operating system not expressly stated herein, you acknowledge that You have reviewed and accepted the terms of service applicable to such market.
Digital environment and law governing it change frequently, thus we reserve the right to make changes to these Terms at any time. When we do so, we’ll provide you with prominent notice by displaying it on the Site. Your continued access or use of the Site in any manner constitutes assent to any existing and new Terms that may be posted on the Site.
Our apps and/or Services are offered and controlled by Tech12 from its facilities in the Slovenia and data related to the Services is hosted in Slovenia. The data that is collected from our business partners via their SDKs will be stored in accordance with their privacy policies. If you access or use the Services from other jurisdictions, you do so at your own risk. We make no representations that the Services are appropriate or available for use in other locations. You are responsible for knowing and complying with applicable laws of your jurisdiction. If such laws conflict with your use of the Services, you are not permitted to use them.
ELIGIBILITY
We offer our apps free of charge. Any person who uses the Services represents to Us that they are at least age of majority under applicable law years of age, or if under the age of majority that they are either an emancipated minor, or possess the legal consent of a parent or legal guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Terms, and to abide by and comply with this Terms.
LICENSE – YOUR RIGHTS AND RESTRICTIONS
Subject to full compliance with these Terms, we hereby grant you a personal, limited, worldwide, non-exclusive, non-transferable license for the term of these Terms to make use of our Services, as well as to access and make non-commercial, personal use of the Content (the “License”).
The sole purpose of this License is to enable you to use and enjoy the benefit of the Services in the manner permitted by these Terms.
You agree that you are using our Services for your own personal and non commercial use and that you will not use our Services or any portion thereof in any manner not expressly permitted by these Terms and/or applicable law, including without limitation, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, display, sell, license, or otherwise transfer and make available by uploading, posting, emailing, transmitting or otherwise; and will not directly or indirectly induce, instruct or allow any person to do so.
Our software is merely licensed and not sold to you, so We retain all rights, titles and interests of all copies of our software applications even after installation on your personal electronic devices.
You shall not reverse-engineer, decompile, disassemble or modify our Service or any portion thereof or circumvent any technology used to protect the Service and the Content, unless permitted by applicable law.
You shall further restrain from:
These Terms do not entitle You to receive, and does not obligate Us to provide hard copy documentation, support, telephone assistance or enhancements or updates to the Services.
If You violate this Terms, We have the right, at Our own discretion, to prohibit You and/ or Your email from creating and/or being used in an account within Our Services.
OUR INTELLECTUAL PROPERTY
Except when expressly stated otherwise, these Terms do not grant you any rights or license regarding our trademarks and domain names or other brand features, as well as our copyrights or any other intellectual property rights, whether for commercial or non-commercial use.
INTELLECTUAL PROPERTY RIGHTS POLICY
We take intellectual property rights seriously and expect others to do the same.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, musical works, settings, artwork, mask work rights, sound effects, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications
therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
If you are the owner of the intellectual property right or a person authorized to act on owners’ behalf and believe in good faith that any Content made available through Tech12’s Services infringes your intellectual property right, please let us know. You may submit a written notice of alleged copyright/intellectual property rights infringement to our designated copyright agent at the following address:
TECH12 računalniško programiranje d.o.o.
Letališka cesta 12,
1000 Ljubljana
Slovenia.
or
A notification of alleged copyright/intellectual property rights infringement should include:
(1) A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work/intellectual property right claimed to have been infringed, or, if multiple copyrighted works/intellectual property rights are covered by a single notification, a representative list of such works.
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit as to locate the material.
(4) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright/intellectual property rights owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the above listed notice requirements, your notice may not be valid and may not be taken into consideration or investigated upon.
When properly notified by a rightful person that any Content infringes a copyright, we shall expeditiously investigate the claim and may in our absolute discretion take appropriate actions.
THIRD PARTY SERVICES
Our Service is integrated with third party applications, websites, and services (“Third Party Services”) to make Services easily available to you and this is the way to monetize our Services. Such Third Party Services may have their own terms of use, privacy policies and other conditions of services by which your use of these Third Party Services will be governed. You understand and agree that we are not responsible or liable for the content and actions of any Third Party Services or for any transaction you may enter into with their providers.
If you have downloaded the App from Apple, Inc. (“Apple”) App Store or if you are using the app on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Tech12 only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the app to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the app infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have downloaded the app from Android platform: Android Market “Terms of Service” (located online at https://play.google.com/store) and the Android Market Business and Program Policies (located online at https://play.google.com/intl/en-US_en/about/play-terms/index.html), if You are downloading the app from the Google Play.
PRICE
Our Applications are free to download.
ACCESS
You must provide at Your own expense the equipment, Internet connections or mobile devices and/or service plans to access and use this app. We do not guarantee that Our apps are available in all geographic locations. You acknowledge that when You use Our app, Your wireless carrier may charge you fees for data, messaging, and/or other wireless access. Check with Your carrier to see if there are any such fees that apply to You. You are solely responsible for any costs You incur to access this application from Your mobile device and/or PC device. Your right to use Our app is also predicated on Your compliance with any applicable terms of agreements You have with third parties when using the Services.
AVAILABILITY OF SERVICES
Due to the continuous development and growth of our Services, the availability of Services is subject to change. We will do our best to keep our Services available at all times. However, we cannot guarantee that the Services will be continuously available without interruption.
You acknowledge and agree that the form and nature of the Services may change from time to time without prior notice to you. You further acknowledge and agree that the Services may be temporarily unavailable for causes beyond our control.
We shall not be liable to you for any disruptions of Services as a result of interruptions arising from the foregoing.
PRIVACY
We view protection of a privacy as very important. We use your information only as described in our Privacy Policy which is a part of this Terms.
CUSTOMER SUPPORT
If you have any concerns regarding the use of our Services contact us by email: support@hiaware.com
TERM
The term of these Terms shall commence on the date You install or otherwise use the Services and shall end on the earlier of the date of Your disposal of the Services or Tech12’s termination of this Terms. You may terminate these Terms by uninstalling Our app or ceasing to use the Site. Uninstalling Our app does not result in a refund of the potential amount paid in it. We reserve the right, using its sole discretion, to terminate these Terms, request that You remove Our app from Your device for any reason, including but not limited to Tech12 reasonable conclusion that You have violated the Terms. Promptly upon termination, You must cease all use of Our app and destroy all copies of Our app in your possession or control. Termination will not limit any of Tech12 other rights or remedies at law or in equity.
WARRANTY DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
We endeavor to provide the best service we can, but you understand and agree that the service is provided “as is” and “as available”, without express or implied warranty or condition of any kind. We do not represent or warrant that the site, content, or security of the transmission of content on the site (i) will be uninterrupted, (ii) will be free of defects, inaccuracies or errors, (iii) will meet your requirements or (iv) will operate in the configuration or with other hardware or software you use. We make no warranties other than those made expressly in these terms, and hereby disclaim any and all implied warranties including, without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement.
You use services at your own risk. To the fullest extent permitted by applicable law, Tech12 and all owners of the content make no representations and disclaim any warranties or conditions of non infringement.
To the fullest extent permitted by applicable law, Tech12 does not warrant that the service is free of malware or other harmful components and makes no representation nor does it warrant, endorse, guarantee, or assume responsibility for any third party applications (or the content thereof), or any other product or service advertised or offered by a third party on or through the services or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Tech12 is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Tech12 shall create any warranty on behalf of Tech12 in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the service is to uninstall any Tech12 software and to stop using the Services.
While Tech12 accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to Tech12, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.
To the fullest extent permitted by law, in no event will Tech12, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors (the “indemnified parties”) be liable for
(1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Tech12 service, third party applications, or third party application content, regardless of legal theory, without regard to whether Tech12 has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; (3) any personal injury and/or property damage or (4) aggregate liability for all claims relating to the Tech12 service, third party applications, or third party application content more than the amounts you actually paid to the Tech12 for using its services during the prior twelve months in question, to the extent permissible by applicable law.
This does not affect your statutory rights as a consumer.
INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold the indemnified parties harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to any claim demand or action brought or asserted against any of the indemnified parties: (1) alleging facts or circumstances that would constitute your breach of the terms; (2) arising form, connected to or related to the content or any activity in which you engage on or through the services; and (3) your violation of any law or the rights of a third party.
You agree that a breach of these terms will cause irreparable injury to Tech12 for which monetary damages would not be an adequate remedy and Tech12 shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
GENERAL
(1) Scope
These Terms set forth the general terms and conditions which shall govern
the relationship between Tech12 and its users.
(2) Interpretation
Headings are for reference purposes only and do not limit the scope or extent of such section and shall not affect the interpretation hereof.
(3) Termination and Survival
You may terminate the Agreement at any time by either deleting all Our apps or ceasing to use the Services.
We may terminate the Agreement and cease to provide our Services if required by law or due to commercial or technical unavailability.
Before doing so, we will provide prominent notification.
The following Sections shall survive termination of these Terms:
License, Warranty Disclaimers, Exclusions and Limitations, Indemnity, Resolution of Disputes and Governing Law.
(4) Severability
If any provision of these Terms is held to be invalid or unenforceable, for any reason or to any extent, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by applicable law.
(5) Governing Law
These Terms shall be governed by, construed and enforced in accordance with the laws of Republic of Slovenia, without regard to or application of Slovenian conflict of law principles.
(6) Resolution of Disputes
Except as otherwise stated herein, any claim or controversy between the Parties arising out of or relating to these Terms (including its formation, interpretation, performance and breach) shall be referred to and finally resolved by arbitration under the LCIA Rules.
Costs and expenses for the arbitration procedure from the preceding paragraph shall be divided between the parties according to the success in the arbitration process.
(7) Waiver
All failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law shall not constitute a waiver of any of those provisions or rights.
(8) English language
By accepting these Terms you acknowledge that you are proficient in the English language, or have consulted with an advisor who is sufficiently proficient in English, so as to allow you to understand the conditions of this Terms.
(9) Entire Agreement
Other than as stated in these Terms or as explicitly agreed upon in writing between you and Tec12, Privacy Policy and these Terms constitute all the terms and conditions agreed upon between you and Tech12 and supersedes and replaces all inconsistent representations, any prior agreements in relation to the subject matter of these Terms, whether written or oral.
Please note, however, that other aspects of your use of the Services may be governed by additional agreements, such as, for example, agreements governing your free or discounted trial versions of our Services or products within the Services. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
TECH12 d.o.o last updated in September 2023
Ante Moscatelli
CTO and Co-founder
Ante Moscatelli is a head of development and solution design of HiAware security solutions.
His insightful passion drives innovation for comprehensive yet effortless network-based security experiences tailor-fit designed for various industries and sectors. Moscatelli’s highly applicable background arises from the information technology, crypto, automotive and services industries.
Barbara Puklavec
CEO and Co-founder
Barbara Puklavec cultivates committed team of professionals to deliver innovative cybersecurity solution that help organisation and companies creating flexible and easily adjustable safe digital environments.
Her compelling leadership focuses on our customer’s success working in highly dynamic markets. She’s an accomplished specialist with a decade of experience accumulated from cybersecurity sectors and information technology domain by working for prominent international and regional enterprise.