Terms of Use

 

General

timeSSD.com is a site operated by Astailor Shine S.R.L.

 

We are registered in Romania under company number J14/156/2013 and with our registered office at Curtea 24, 3A, Targu Secuiesc, RO - 525400.

Our main trading address is: str. Cernat nr. 27, Etaj I, Targu Secuiesc, RO – 525400.

Our VAT number is: RO32056590.

We are regulated by the Romanian law.

 

These Terms of Use govern your access to use of timeSSD sites, any information, software, database, text, graphics, or other materials appearing on the Site and connected sites, and any services provided through the Site and connected sites. Your access to and use of the Site, Content, and/or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, connected sites, Content, or Services, you agree to be bound by these Terms of Use.

 

Definitions

Specific terms will be used throughout this document and will have the following meanings:

 

ABUSIVE USAGE

refers to using the website contrary to the standard usage customs and active laws and in any other way that might harm the Franchisee;

ACCEPT SHARE

acceptance of the Shared item(s), which means the copy of the shared item(s) into the private data set and a cost expressed in amount of the item(s) initial creation cost. Shared item(s) could be accepted only by the Administrator. The owners of the Shared item(s) became both the Source Business and the Accepting Business;

ACCESS BLOCKED

limited License when the user has blocked the access to the data in the System;

ACCESS COST

Business level monthly cost to use the Software. The Access Cost for the current month became effective on the first day of the next month. The Access Cost value for the GM role is 10 TIT/month;

ACCOUNT

an arrangement in which the Business uses the Software;

ADMINISTRATOR

responsible User for carrying out the administration of the Business Account in the Software. The first user registered on behalf of the Business is considered by default its Software administrator;

ALLOWANCE

the amount of time that is permitted for bundle handling, machine, personal needs ... parameters recommended by ILO;

ALLOWED FILE TYPE

file formats allowed to upload and store in the Software. For the GM role Business: PDF. Could be places where JPG and PNG are allowed too;

ALTERNATIVE

available as another possibility or choice;

API

Application Programing Interface

ASSIGNED BOND

Business linked Bond value limit;

BASIC TIME

time of the Element from the Software’s Database. Universally accepted, predetermined motion time for the execution of the Element;

BLOB

Binary Large OBject;

BOND

loan from the System to the User until the end of the month or until the Business assigned limit is reached, with no interest; if the Business has no Credit than each new cost became a Bond;

BUSINESS

Company / Organization / Person. Owner of the User License right for the System use and owner of the data created with the System, with its valid license;

BUSINESSADMIN

responsible / full in charge with the Business account;

CATEGORY

Any set of objects, concepts or expressions distinguished from others within some logical or linguistic theory by the intelligibility of a specific set of statements concerning them. (The first set level on the Category - Class - Group - Family - Item hierarchy.)

CLASS

Close to the "Category" but somehow shortly : A set of groups with some similar properties. (The second level on the Category - Class - Group - Family - Item hierarchy.)

COMMITMENT

the Bond payment engagement by the Business;

CONTENT

any information, Software, data, database, text, graphics, or other materials appearing on the Site and all related documents;

COST

an amount of TIT that must be paid or spent to buy or obtain something;

CREATION COST

one time cost for Method and/or Workflow initial editing/creation and/or Share acceptance; one time Cost for Equipment insert/creation in the System; the Creation Cost of the item is equal with the item’s value;

CREDIT

the amount of TIT owned by the User; the negative Credit is the Bond;

CSV

Comma Separated Value

DATABASE

all of the Software’s structured data, both Private and Public but not limited on them;   

DATA EXPORT

data export in allowed file formats; for the Method and Workflow the PDF, Excel table and flat file data export formats are available; export in PDF is free with no costs. Export in Excel it has a predefined cost. On the date of this document the data export in Excel has a null value TIT cost.

DataS

Brand under which operates Astailor Shine;

EDI

Electronic Data Interchange

ELEMENT

motion(s) or other action(s) what require a human activity;

ELEMENT VALUE

the price, expressed in TIT, equal with the Element’s SAM value when it’s selected from the System’s own Database;

EM

Equipment Manufacturer / dealer, and related, Business role. EM role include the GM role. On the date of this document the EM role is inactive and is managed as GM role.

EQUIPMENT

necessary items to manufacture a product / for a particular purpose;

FAMILY

A subset of a group. (The fourth level on the Category - Class - Group - Family - Item hierarchy.)

FAQ

Frequently Asked Question

FRANCHISE

An authorization granted by the Owner to an individual or Company enabling them to operate the System or a copy of it.

FRANCHISEE

An individual or company that holds a Franchise for the operation of the System or a copy of it. The Franchisee for this system is the Owner;

GM

Garment industry belonging Manufacturer, and related, Business role; in the moment of the Subscription it is the default role;

GROUP

A number of persons or things considered a collective unit. (The third level on the Category - Class - Group - Family - Item hierarchy.)

HIDING COST

Business level monthly optional cost to hide the Business from the other Users. The Hiding Cost for the current month became effective on the first day of the next month. The Hiding Cost value for the GM role is 15 TIT/month, for the EM role is not allowed.

IE

Industrial Engineer

ILO

International Labor Organization

INVOICE

a document that lists goods that have been supplied or services that have been done, and says how much money Business owe for them. In any places of the Content the Proforma Invoice could be interpreted as Invoice;

LIBRARY

collection of sources of data, information and similar resources, made accessible to each User from the System as Public, for reference and free import;

LICENSE

contract between Franchisee and Business, establishing the rights of the Business to use the Software;

METHOD

a way of proceeding or doing something;

METHOD VALUE

sum of the value of the component Elements;

MRP I

Materials Requirement Planning I;

MTM

Method Time Measurement

OPERATION

well defined Method with order of Elements;

OVERDRAFT

a Bond, resulted as deficit in a Credit caused by the application of the System rules, usually as results of the accounting of the monthly / periodic fixed Costs; 

OWNER

Astailor Shine S.R.L.

PERSON

type of Business where the owner of the User License right is a singular individual and not a company;

PMTS

Predetermined Motion Time System;

PP

Privacy Policy

PRIVATE

belonging to or for the use of one particular Business only;

PUBLIC

accessible to all Users. Operation or Workflow item could become Public in the System only with the acceptance of the SysAdmin. Public data are owned by Franchisee. The cost of the copy / import of Public Method and/or Workflow is equal with the item’s Creation Cost, any other action on Public data is free;

PUBLISH

publishing of the item (Operation or Workflow) from Source Business to be available for all registered Business in the System. The SysAdmin should accept on his sole discretion the content intended to be published;

REFA

Reichsausschuss für Arbeitszeitermittlung. Work time determination committee.

REMOVE

remove / delete the Business from the System, it mean all the data belonging to the Business are deleted from the System with no possibility to recover them;

RETENTION COST

Business level monthly Cost of retaining of an item in the Software. The Retention Cost for the current month became effective on the first day of the next month. The Retention Cost value for the Method and Workflow is 1,50%/Month from the item’s value;

ROLE

the status of the reference during the interaction with the Software;

SAM

Standard Allowed Minute = Basic Time + Allowance;

SHARE

share of the item(s) (Operation or Workflow) from Source Business with Destination Business registered in the System. Destination Business should accept the Share and should know: acceptance it means a cost equal with the accepted item’s value; Source Business has no cost with Share;

SERVICES

any services provided through the Site;

SETUP FEE

one time cost in value of 800 TIT which has the scope to cover the costs with the services used for checking the validity of the registration data of the Business, provided during the registration process. The SysAdmin could decide on its sole discretion the moment of the apply or never apply or only partial apply this fee. Once any total or partial amount is applied than no more will be applied this kind of fee in any value and any time;

SFC

Shop Floor Control;

SITE

represents the online website belonging to Franchisee at the following web address www.timessd.com through which the User has access to information, services and Software (as part of the Site) use offered by Franchisee through the website www.timessd.com and its connected domains;

SOFTWARE

System;

SOURCE

the Business from where the item originates;

SUBSCRIPTION

registering in the System: User gives the email address and chose a password to use the System and may be asked by the SysAdmin for additional identification data;

SYSADMIN

responsible / full in charge with the System;

SYSTEM

the timeSSD® software with all of its components, including but not limited to: source code, compiled code, databases, documentations, descriptions and so on;

TIT

TImessd Time: the internal cost counting unit of the timeSSD® ;

1(one) TIT = is the cost of the selection of 1(one) SAM minute Element from the System's Database;

TMU

Time Measurement Unit

TOU

Terms Of Use (this document)

TRIAL PERIOD

Max. 30 calendar days

TRIAL USER

Business with the first free Credit until reaches the Trial User End status;

TRIAL USER END

next status after the Trial User what is reached by : free Credit is consumed or the Trial Period is over or other established System’s parameter is reached or the Business by its decision start to buy Credits or asking for the Commitment;

TST

Time STandard = Basic Time

UPTIME

mean the total minutes in the reporting month that the Software were actually available to Users for normal use, calculated from the Microsoft Azure Cloud Computing platform’s uptime for the reporting month;

USER

individual or individuals who act in the System on behalf of the Business; or: Individual behind the user name / e-mail address;

USER LICENSE

the rights and conditions to use the System. This right is get with the acceptance of both of the "Terms Of Use" of the System and the "Privacy Policy" of the System, and, maybe in addition, with the acquisition of one of the available / offered license types; determines the baseline of features of the Software that the User can access;

VERIFIED

BusinessID data confirmed by independent party;

VIDEO STORAGE

the video files are stored in the Software in "H.264  720" Codec  format;

VOUCHER

a code provided by the System what can be used to get a Credit;

WORKFLOW

well defined list with order of Operations;

WORKFLOW VALUE

20% from the sum of the value of the component Operations;

 

Modification of Terms of Use

You acknowledge and agree that Franchisee may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after Franchisee makes any such revision, you agree to be bound by the revised Terms of Use.

 

Privacy

See Franchisee  Privacy and Cookies Policy for information and notices concerning Franchisee’s collection and use of your personal information.

 

Guard Your Password

You are responsible for safeguarding the password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Franchisee of any unauthorized use of your password.

 

Your Use of the Content

Franchisee authorizes you to use, download, view, share, and print of any Content in concordance with the User license rights owned, and subject to the restrictions set forth in these Terms of Use.

 

Your Use of the Software

The Software is „pay per use” based.

You can use the Software in the:

Role GM         : Garment industry belonging Manufacturer Business role. This is the default Role at the Subscription time; the User can change it.

                       GM Role costs: i. Access; ii. Creation; iii. Retention; iv. Data Import; v. Hiding (optional);

 

Use of the Software in GM Role

GM Role is dedicated for the garment manufacturers and consultants as a tool for Method and Workflow development.

 

GM Role Costs

Setup Fee, as it’s defined, when the Trial User End status reached.

When a User adds to its Method list an Element from the Database then the Credit is decreased with the Element’s Value.  

When a User adds a Method / Operation to a Workflow then the Credit is decreased with the Workflow Value of the selected Method / Operation. 

When a Shared item is accepted then the Credit is decreased with the item’s value.

When a Pubic item (Operation or Workflow) is imported then the Credit is decreased with the item’s value.

When the User exports items in Excel table format.

On the first day of each month the Access Cost, the Retention Costs and the Hiding cost (if the Business opted to be hided) are calculated and the Credit is decreased with the corresponding value.

No cost for the items in the Master Data group.

 

GM Role File upload

Allowed File Types to upload in the System : PDF                          

Each Business can upload :

i.                 One Business presentation / logo file , max. 400 KB;

ii.                One file attached to each Model / Style , max. 400 KB;

iii.              One file attached to each Method / Operation , max. 400 KB;

iv.              One file attached to each Workflow , max. 400 KB;

with no additional costs.

 

Print and data export from the Software

All the reports can be generated in PDF and Excel format, the User can save and print the generated files.

With the implemented EDI features the method and operation list data are exported in flat file(s) for third party software.

The data export in PDF is free.

The data export in Excel it has the cost as specified in the definitions chapter.

 

The SysAdmin holds the full rights to block in case of any Business the data export in Excel and flat file format, on its sole decision, in case of observance of suspicious activity which can harm the interests of Franchisee.

 

Copyrights

All the rights regarding the Methods and Workflows developed with the Software, as Private Data by default, are owned by the Business.

Business agree that its data gathered during the system’s use can be used by Franchisee  in general statistics, along with data from other Business and sources, without to referring to the sources.

All the rights regarding the Public Data, Public Methods and Public Workflows are owned by Franchisee.

Once a Private Method or Workflow is Published (declared as Public) by the Business then that Method or Workflow remains Public even if it not will be included as visible among the Public Data.

Each User can start to Publish but the items are Published only after the SysAdmin approves on its sole discretion the User request.

Franchisee keep the full rights to decide on its sole discretion when and whether publish / accept to publish or not a Public Method or Workflow.

Franchisee keep the full rights to remove any Public Data on its sole discretion without any notice.

Once a Private Method/Workflow is Shared then that Method/Workflow is owned by all the parties as Private Data. Any party has full rights on it. Sharing is irreversible.

 

Language

The basic and reference language of the whole Content and services is the English.

The descriptions on the Site are only in English. When a translation of the Software on a new language is available then a landing page is added to the Site which include a summary of the Software, in downloadable PDF format too.

The translation of the Software on a new language mean the interface and reports standard texts translation together with the standard Elements descriptions translations from the Database.

The Language feature of the Software allow by default to define a Method with Elements on the User selected language and to use or/and edit its Elements on any other available language without any additional effort.

The Language feature is available for all the rest of the User defined data (Operation description, Workflow and so on) if the User make the descriptions in two or more languages.

The “Terms of Use” and the “Privacy and Cookies Policy” are available in Romanian too. No other translation of them is intended.

The invoices are edited in English as basic, for the Romanian companies in Romanian.

 

Accounts

Each Business has an Administrator.

The first User which make the Subscription is considered by default the Software Administrator for its / represented Business, this right can be transferred in the future, without Franchisee’s contribution, to other User from the same Business.

No possibility from Franchisee side to check the User’s representation rights for the Business, no responsibility from Franchisee side, all the responsibility is on the User side with the possibility to be considered Abusive Usage in case of missing representation rights. 

One Business can have only one Software Administrator at a given time.

The User licenses are on Business level.

During the Subscription procedure the Business identification data set is required by the Software, without that data the Subscription isn’t it possible.

The provided Business identification data must be real, valid and the User who make the Subscription with that data must have the acceptance for the Subscription action from the Business side.

No possibility from Franchisee side to check the Business acceptance for the Subscriber user, no responsibility from Franchisee side, all the responsibility is on the User side with the possibility to be considered Abusive Usage in case of the missing acceptance. 

The Business basic identification data are fix, once provided and confirmed it can be changed only with the SysAdmin contribution, following an established procedure and against a fixed fee.

The Business Remove procedure can be initiated by the Software in case of no payment of the Bonds, after all the warnings are exhausted, and by the Administrator on own will but only after all Users were deleted.

The Business Remove procedure is without Credit refund to the Business.

 

Users

All the Users, excepting the first one who make the Business Subscription, must get an invitation from the Administrator to use the Account belonging to that Business.

A simple visitor of the site who isn’t registered in the Software isn’t it a User of the Software.

Each visitor who have registered once in the Software is considered a User.

Each User belongs to a unique Account.

The User is identified with its e-mail address and its password.

The User can change its password as many times as it wants but can’t change its e-mail address. The User’s e-mail address can be changed only by the Administrator and it take effect after the activation of the confirmation link.

The transfer of a User from one Account to another Account is possible as follows: first delete the existing User from the Account and then the User accept the invitation got via e-mail from another Business.

The User can be deleted only by the Administrator.

 

Trial

As a result of the successful Subscription the Business get an initial free Credit for the Trial Period. The amount of the free Credit for Trial is different for Business and Person.

During the Trial, the User could be limited on the number of the Methods and Workflows what can copy from the Public, what can Share and what can accept from Shares.

Also, could be limited on the total SAM of one Method what can define and on the number of Operations what can select into one Workflow.

The Trial could be limited in time regardless of the existing Credit or by other system parameters.

On User request sent by e-mail to the SysAdmin, and on the SysAdmin’s sole discretion, part or all of the Trial limits may be cancelled.

During the Trial period, the Administrator can ask for it but later at the end of the Trial period the Administrator get the proposal to ask for the Commercial status.

If at the end of the Trial period the User didn’t opted for Commercial status then the Business Remove procedure is performed by the SysAdmin.

 

License

The License didn’t have time limit, is limited only by the available Credit or by the Assigned Bond level.

For the Person, the License mean to ask for a pre-paid Credit. Based on the Person’s request the proforma invoice is sent. When the whole payment is received the Person’s Credit increase in the Software and the invoice is sent to the Person by e-mail.

For the Business, the License is granted based on pre-paid Credit like for the Person or based on a Commitment with Business Assigned Bond value.

If the Business would like to use the Bond then it should agree the offered Commitment.

After the Commitment is agreed by the Business the SysAdmin can proceed on sole discretion with additional verifying procedures of the Business. Based on verification results the SysAdmin could accept the Commitment from Franchisee side and will inform the Business regarding the Assigned Bond value, or could not accept it, on sole discretion, with no obligations for explanations. 

In case of acceptance of the Commitment by both parties the License is granted until the first proforma invoice due date.

Each invoice payment in due time prolong the License until the next proforma invoice due date.

In case of invalid Commitment, no agreement by both parties, then only the pre-paid Credit grants the License.

 

Commitment

If the Business would like to use the Bond for License granting then it should give its separate accordance with signature on a commitment document which have a similar content like :

“Business uses the Content provided by Franchisee and will pay the Costs of the Content use based on the accumulated Bond value at the end of each month or when the Assigned Bond value is reached.

The Business acknowledge that will pay with PayPal or bank transfer in due time the value of the proforma invoice edited by the System based on the accumulated Bond value. 

The Business acknowledge further that: i. gets in grace period with Access Blocked in case of payment delayed; ii. if the payment delayed after the grace period the Business enter in the reactivation period and will be charged additionally with a reactivation fee; iii. if the payment is missing after the reactivation period then the Business Remove initiated by SysAdmin.”

 

Availability

The Services (including the User database) are hosted on the Microsoft Azure Cloud Computing platform, excepting the descriptions from the Site.

The used database is Microsoft SQL.

The Azure’s standard back-up policy is applied both for the database and BLOB with geo replication.

The granted System’s Uptime is 99%.

The Sytem’s planned maintenances are scheduled for the non-working time in that time zones from where are the biggest number of Businesses are registered.

 

Date & Time 

As the System is hosted on the Microsoft Azure Cloud then all timestamps and any System’s time references are in UTC (Coordinated Universal Time).

 

Credit and Bond

The Credit and Bond values are expressed in TIT.

When a Business own an amount of TIT then it has Credit.

The Business can buy Credit with a request sent or can get Credit as a result of the use of a valid Voucher.

No Credit Share nor Credit transfer possible between two or more Business.

No Credit value refund to the Business in any circumstances with the exceptions expressly specified in this TOU.

When a valid Commitment exist then the Business can use the Software on a loan basis and all Costs generated are cumulated as Bond.

The Credit from any sources first is used by the System for Bond repayment.

May happen to appear a Bond value without a valid Commitment as a result of the Overdraft.

In case of Overdraft the Commitment gets valid by default for the limited value of the Overdraft, without parties’ agreement.

All Costs generated are counted immediately from the Credit or in the Bond.

The Software provide the Administrator with dedicated interface for the Business Credit and Bond tracking.

 

Voucher

Time to time the SysAdmin may offer a Voucher for a Business.

The Vouchers have an expiration date which limits the period it is usable.

No Voucher Share nor Voucher transfer possible between two or more Business.

The SysAdmin offers the Vouchers on sole discretion regarding when, to whom, why, without any obligation.

 

Invoicing

The invoice is generated after the payment of the corresponding Proforma Invoice or instead of Proforma Invoice.

The invoice and the proforma invoice are sent by default to the Business by e-mail. On User request these documents could be printed and sent by post too. By default the courier costs are belonging to the Business, can be agreed exceptions. 

Proforma invoice is edited and sent when: i. the User ask for a pre-paid Credit; ii. a Bond should be invoiced.

The Bond should be invoiced when : i. the Business Assigned Bond value is reached; ii. on the first day of each month for the Bond accumulated in the month before; iii. In case of Business Remove.

 

Payment

Today the PayPal and bank transfer type payments are available. In case of payment by payment order, bank charges for the transfer shall be borne by the payer.

The information required for payment by bank transfer are the followings:

 

Astailor Shine S.R.L.
Trade Registry        : J14/156/2013
Tax ID / VAT           : RO32056590
Curtea 24 nr. 3A, Targu Secuiesc, Romania
IBAN                      : RO67BRDE150SV24588771500 (payment in RON)

IBAN                      : RO97BRDE150SV24605631500 (payment in EUR)

BRD-Groupe Société Générale

SWIFT: BRDEROBU

 

All prices are exclusive of all taxes and duties. Please note that possible custom taxes and duties for each individual country are the Business / client’s responsibility.

 

Franchisee Property

All rights, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of Franchisee and its licensors except the Private Data.

The Site, Content, and Services are protected by copyright, trademark, and other laws of both the Romanian and foreign countries. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content, or Services on or in connection with any other website, for any purpose. Franchisee respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display or public performance of a copyrighted work is an infringement of the copyright holder’s rights.

 

General Prohibitions

You agree not to do any of the following while using the Site, Content or Services:

Franchisee reserves the right to investigate and prosecute violations of any of the above, including the Abusive Usage, intellectual property rights infringement and Site security issues, to the fullest extent of the law. Franchisee may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Franchisee has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

 

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Franchisee is not responsible or liable for: i. the availability or accuracy of such websites or resources; or ii. the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Franchisee of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

 

Termination

If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. In this case, the decision regarding your Credit is on Franchisee sole discretion.

On your initiative as Administrator you can terminate to use the Site, Content, and Services with initiating the Business Remove procedure with acceptance of the Credit no refund policy.

Franchisee reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. Franchisee also reserves the right to cease providing or to change the Site, Content, or Services at any time. If such a case would happens then Franchisee will export all Private Data in printable format and will send them in e-mail to the Administrator. The Credit will be refunded on the corresponding TIT value on the date of the cease providing.

 

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. Franchisee will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use or impossibility to access or use of the Site, Content, or Services.

Franchisee provides such data and information AS IS, without any warranty, express or implied, as to whether the information is correct or complete.

 

 

 

The Site is Available “AS-IS”

THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FRANCHISEE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. FRANCHISEE MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FRANCHISEE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FRANCHISEE OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

Indemnity

You agree to defend, indemnify, and hold harmless Franchisee, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Use.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FRANCHISEE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ASATILOR SHINE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT FRANCHISEE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FRANCHISEE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.

YOU AGREE THAT THE AGGREGATE LIABILITY OF FRANCHISEE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO FRANCHISEE AND THEY ARE IN CREDIT STATUS FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FRANCHISEE AND YOU.

 

 

 

Construction

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect. The failure of Franchisee to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

 

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State where the Franchisee is registered without regard to its conflict of law provisions. For any conflict that might arise between Franchisee and its user/clients we will seek to solve it amiably. If however this is not possible, the litigation will be settled by a court of law in the jurisdiction of Franchisee

 

Professional ethics

The Software is able to provide correct results only if you have the necessary knowledge background in methods engineering. It is strongly recommended to hold the corresponding studies and trainings.

Upon your request, the Franchisee can offer the necessary consulting and tuition.

 

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Franchisee and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between Franchisee and you regarding the Site, Content, and Services.

If you have any questions about these Terms of Use, please contact the Franchisee at timessd@datas.ro . You can also send your request to: Astailor Shine S.R.L., Str. Cernat no. 27, Etaj I, Targu Secuiesc, RO – 525400

 

Trademarks

DataS® and timeSSD® are registered trademarks of Astailor Shine S.R.L.

All other trademarks are the property of their respective owners.

 

Copyright

Copyright © 2019 Astailor Shine S.R.L. All rights reserved.

 

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