Terms of Service / End-User Licence Agreement

This Terms of Service / End-User License Agreement (“Agreement”) is a legal contract between Tarius A/S ("Tarius"), a Danish corporation headquartered at Kobmagergade 3, DK 1150 Copenhagen,  Denmark, and you ("you" or "user"). By continuing to receive email, access, link to, and/or use services from Tarius, you signify your acceptance of the Agreement and bound yourself by its provisions as outlined herein. If, at any time, you do not wish to accept this Agreement, you should terminate use of the services for which you have subscribed.

1. Services Covered by this Agreement

The following items available for subscription provided by Tarius (individually, or in any combination: “Services”) are covered by this Agreement:

  • TARIUS SAC TRACKER
  • TARIUS MEDICAL DEVICES 'LITE'

2. Contract formation. Tarius will process your subscription order as promptly as possible but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. Tarius reserves the right to reject any offer in its discretion, for any or no reason.

3. Terms and termination. This agreement becomes effective upon receiving your subscription fee payment by Tarius and continues for six months or one year, as determined in your subscription order. The agreement and all services hereunder will expire at the end of the Term.

Unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. You may terminate this Agreement, with or without cause, at any time and without refund of payments incurred, by discontinuing your use of Services. You may notify us of your wish to cancel your subscription by contacting our Customer Services team at sales@tarius.com.

You agree that, upon ten (10) days’ notice by any means Tarius determines in its discretion to be reasonable, Tarius may terminate this Agreement, or suspend your access to Services, with or without cause and at any time. In this case Tarius shall refund pro-rata your payment pertaining to the residual subscription period.

This Agreement will terminate immediately without notice from Tarius and without refund of any payments received from you, if you, in Tarius’ sole discretion, fail to comply with any provision of this Agreement. Tarius shall not be liable to you or any third party for the termination or suspension of Services, or any claims related to the termination or suspension of Services. Upon termination of this Agreement by you or Tarius, you must discontinue your use of Services.

4. Fees and payments. You agree to pay all fees for any Services to which you have subscribed at the rates in effect when incurred. Fees and charges will be invoiced or billed to the credit card you designate during the subscription process. Tarius shall not be liable for any amounts billed to your credit card by a third party.

You must provide us with complete and accurate payment information. By submitting payment details you certify that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription and we may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.

5. License and rights. Subject to the terms and conditions of this Agreement, including the payment of any applicable subscription fees, Tarius grants you, and only you (one user), a personal, limited, non-exclusive, non-transferable, revocable license to electronically receive, access and use Services. You are entitled to access, download, and print reasonable amounts of the materials provided by Services reasonably required for your own work use, provided (a) you are the only user of Services and (b) all printed materials include the following acknowledgement: “© Tarius A/S. All rights reserved. This material is produced under license from Tarius A/S. You may not copy or redistribute this material in whole or in part without the prior written consent of Tarius A/S.”.

6. Restrictions and limitations. You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following (except as permitted by this Agreement):

  1. Make Services accessible to any more users or to the public, whether over networks, electronic bulletin boards, websites, or otherwise; or allow any third party to use Services;
  2. Use Service for any illegal purpose or in any manner inconsistent with this Agreement;
  3. Access or attempt to access any other Tarius systems or data that are not made available for you under this Agreement;
  4. Use, copy, adapt, translate, modify, sell, distribute, or otherwise create derivative databases, services or works of or based on the materials provided by Services;
  5. Decompile, disassemble, or reverse engineer software behind Services in whole or in part;
  6. Sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of Services or rights granted to you by this Agreement;
  7. Use any of the trademarks, trade names, service marks, copyrights, or logos of Tarius in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Tarius’ consent, and you acknowledge that you have no ownership rights in and to any of such items.

7. Ownership. Services and materials provided by them, including all text and other content therein, is the property of Tarius or its suppliers, and is protected by copyright and other intellectual property laws. Except for the rights expressly granted by this Agreement, it transfers to you no right, title, or interest in Services or materials provided by them or any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein. Tarius or its suppliers retain sole and exclusive title to all portions of Services and materials provided by them and any copies thereof.

8. Protection and data security. Each registration is for a single user only. Tarius does not allow multiple users on a network or within an organization to use the same login. Your username and password used to access Services are confidential to Tarius and should not be disclosed to any other person, entity or third party and you should not allow any other person, entity or third parties to access the Services, whether on your behalf or otherwise. You agree to immediately notify Tarius if you become aware of any loss, theft, or unauthorized use of username and password or any other confidential information related to Services. Personal information which Tarius receives from you will be used solely to ensure that you are authorized to access Services and that you receive relevant information about Services from Tarius.

9. Information Collection and Use. While using the Services, you provide Tarius with certain personal information that can be used to identify you. Personally identifiable information may include, but is not limited to, your name and email address ("Personal Information"). Tarius uses the Personal Information for providing access for you to the Services. Tarius collects analytics information that your browser sends whenever you use the Services ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type and version, browsing activity, the time and date of the visits and other statistics. In addition, Tarius may use third party services such as Google Analytics that collect, monitor and analyze the Log Data based on cookies sent to your browser from the Services. Tarius will take all reasonable technical and organizational precautions to prevent the loss, misuse or alteration of all Personal Information. Tarius will not disclose, share or sell any Personal Information to any other organizations for marketing, market research or commercial purposes.

10. Warranties. Services are provided on an "as-is" and "as available" basis and, to the maximum extent permitted by applicable law, Tarius disclaims all guarantees and warranties, express, implied or statutory, regarding Services, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement. Tarius does not warrant that Services are secure or free from bugs, interruption, errors, identity theft, threat of hackers, other program limitations, or that Services will meet your requirements. Services are designed to operate and provide information with the understanding that Tarius is not engaged in rendering legal, accounting, consulting or other professional service. If legal advice or other expert assistance is required, the service of a competent professional should be sought. Tarius expressly disclaims any representations or warranties that your use of Services will satisfy any statutory or regulatory obligations, or will assist with, guarantee or otherwise ensure compliance with any applicable laws or regulations.

10. Limitation of Liability. The entire cumulative liability of Tarius for all matters arising from or relating to this Agreement shall be limited to the amount paid by you for Services, as applicable. To the maximum extent permitted by applicable law, Tarius shall not be liable for any indirect, special, incidental, exemplary, or consequential damages or for any damages relating to loss of business, telecommunication failures, loss, corruption, security or theft of data, viruses, spyware, loss of profits or investment, or the like, whether based in contract, tort (including negligence), product liability or otherwise, even if Tarius have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose. In no event will Tarius be liable for any loss, cost, liability or damage incurred as a result of your receipt of or participation in any third party services, third party websites, or services. In no event does Tarius assume any liability to any party other than you arising out of your use or inability to use Services. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Tarius and you. Tarius would not be able to have provided Services without such limitations.

11. Modifications. Tarius reserves the right to amend, remove, or add to this Agreement at any time upon ten (10) days notice by any means Tarius determines in its discretion to be reasonable, including posting information on Tarius’ web sites. Your access, link to, or use of Services, after modifications to this Agreement become effective will constitute your acceptance of the Agreement, as modified. Tarius reserves the right to change the content or technical specifications of any aspect of Services at any time in Tarius sole discretion upon ten (10) days notice by any means Tarius determines in its discretion to be reasonable, including posting information on Tarius’ web sites.

12. Legal issues. This Agreement shall be governed and construed in accordance with the laws of the Kingdom of Denmark, without giving effect to conflicts-of-law principles thereof. You agree to indemnify and hold harmless Tarius and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals' fees and court costs) arising out of any third party claims based on or related to your use of Services or any breach by you of this Agreement.

13. Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications relating to the subject matter hereof. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force. Any notice, demand or request required or permitted to be given under the provisions of this Agreement shall be in writing and delivered personally or by registered or certified mail, return receipt requested, with postage prepaid and addressed to the persons and addresses specified by parties.

14. Corporate information: Tarius A/S is a privately owned company headquartered at Kobmagergade 3, 1150 Copenhagen, Denmark. Our company website is www.tarius.com. The CVR-number and VAT-number is DK 3325 1491. Tarius can be contacted via email at info@tarius.com or via phone at +45 7211 2124.

15. Changes to Terms and Conditions: These terms and conditions are revised as of March 1, 2017.