Terms and Conditions of Use

1. LICENSE

   Users who purchase a license obtain the right to use the Services for a specific term, depending on the type of subscription purchased. To have, purchase and renew the license, and to have access to the Services, the User must create an account on www.nanomid.com. Nanomid assumes no responsibility in the event that the User accesses the Platform through another web address.
   The User guarantees to be of legal age and to provide correct and complete information. The User is solely responsible for the activity that takes place within their own account and for maintaining the security of the account password. Some Nanomid products may allow the user to create login access to their platform. In this case, Nanomid will consider the User as the only one responsible for the actions of third parties authorized by them.
   It is not allowed to use third party accounts. Any unauthorized access to the account must be notified as soon as possible to Nanomid at the following e-mail address: [email protected]. Nanomid is not responsible for damages or losses caused by unauthorized use of the User's account or of their clients.

2. SUPPORT

   Support and maintenance of the Services are included for the entire duration of the subscription license, provided that the User's use of them is in accordance with the rules of this Agreement.

3. USER OBLIGATIONS

   The User guarantees that the User, their employees, affiliates, representatives, consultants and Clients will not modify, adapt, translate or create derivative works from the Services offered by Nanomid in any way, nor will they try to derive the source code and will not allow others to do so.

4. MARKETING

   Nanomid authorizes the User to use Nanomid brands in association with the marketing of the Services within the territory in which they reside, in compliance with Nanomid's brands and guidelines.
   All press releases, advertisements or publications involving, including and/or referencing Nanomid must be approved by Nanomid before their release, publication or distribution.

   By clicking on register you agree to subscribe to the Nanomid newsletter through which promotional messages or product information may be sent. You can unsubscribe at any time.

5. INTELLECTUAL PROPERTY AND COPYRIGHT
   1. Nanomid's rights include all intellectual property rights of Nanomid, of the Services and all modifications and derivative works based on the Services.
   2. This Agreement does not grant (a) to Nanomid any intellectual property rights over the User’s data, nor (b) to the User any intellectual property rights over the Services or the Nanomid trademarks.
   3. Contents. Nanomid is not the owner of the content uploaded onto the platform and assumes no responsibility for any intellectual and/or industrial property rights for the content uploaded by its Users. The User is solely responsible for the content of the information transmitted over the Nanomid network and all video sources used by the customer reside on customer-owned servers. No video content, be it live or on-demand, resides or will reside on Nanomid-owned servers.
   4. Nanomid respects the intellectual property rights of third parties. If you believe that your intellectual property rights have been used in a way that may lead to possible violations, please contact us at the following email: [email protected]. Abuses must be substantiated with solid and irrefutable evidence. Nanomid reserves the right to ignore abuse reports that do not meet these characteristics.
   5. Violation by third parties. Nanomid reserves the sole and exclusive right, at its discretion, to assert its rights against third parties for violation or misappropriation of its intellectual property rights.
6. SERVICES AND PLATFORM

   Nanomid will do its best to provide Users with a continuous and stable online service, however, Nanomid does not guarantee that the Services will function uninterruptedly and continuously, and/or without errors. Access to the Nanomid Services may also be occasionally suspended or limited to allow for repair work, maintenance, or the introduction of new activities or services. In this context, Users accept that for certain periods of time the Services may be totally or partially unusable. Nanomid will do its best to limit the frequency and duration of these limitations, but will not be responsible for any interruptions and/or any difficulty in accessing the Services.
   The operation of the Service does not guarantee that the Services or emails sent by Nanomid are free of viruses or devoid of potentially harmful computer components, that do not contain errors, omissions, defects, delays or transmission interruptions, or any other similar factors. Nanomid may unilaterally decide, without prior notice, to suspend the User's access to the Platform and/or close public access for any reason. Users accept that the functionalities, categories, and purposes of the Platform can be modified by Nanomid at any time.

7. EXCLUSION OF LIABILITY

   The Services are made available to Users “as is”. Consequently, although Nanomid commits to develop and improve the Services and to ensure technical maintenance and repair of any defects, Nanomid provides no warranty of non-infringement of intellectual rights, or suitability of its Services for a particular purpose. Also, Nanomid provides no warranty for the maintenance and/or technical support to Users. Nanomid is not liable to the User for any indirect, incidental, consequential, or punitive damage, including damages to data, lost profits or replacement costs of goods or services or for any other pecuniary loss derived in any way from this Agreement. In no event shall the liability arising from or relating to this Agreement exceed the total value of the price paid to Nanomid by the User during the previous twelve (12) months. These provisions do not affect the User's rights arising from the law. None of the provisions herein limit or exclude Nanomid's liability in case of damage to the body and health due to wilful misconduct or gross negligence.

8. GUARANTEES

   The User will use the Nanomid Services in good faith. In accordance with applicable law, Nanomid, its employees, and collaborators, do not offer any warranty, expressed or implied, relative to the Services offered by Nanomid and the use of them. Nanomid does not give any guarantee about the accuracy and the completeness of the content offered by the Users, and does not take any obligation or responsibility for:

   1. error, mistake, or inaccuracy of the content;
   2. any damages to things or individuals, of any kind, resulted from the access and use of the Nanomid platform;
   3. any unauthorized access to our servers and/or the personal and/or financial information provided by the User;
   4. any bugs, viruses, trojans, or the like which might be transmitted by third parties through the use of the Services;
   5. any error or loss or damage, caused by the use of any content available through the Nanomid Services.

   Nanomid does not guarantee, certify, and does not take any responsibility for products or services promoted or offered by the User through Nanomid or any related site or (hyperlink) or mentioned in any advertising material. Nanomid is not responsible for monitoring any transaction between the user and a third party providing services.

9. LINKS TO EXTERNAL SITES

   It's possible that the site presents links to access other Websites. Nanomid assumes no responsibility for the content or availability of such sites. Nanomid is not an agent of such third parties, nor does it endorse or provide warranties for their products nor does it offer guarantees regarding the accuracy of the information contained in external sites. Moreover, the security and privacy policies of these sites may differ from Nanomid's policies, therefore we invite Users and Customers to carefully read third-party privacy and security policies. In case of questions or doubts about the products and services offered on linked third-party websites, contact the third party directly.

10. CONTENTS

    The Nanomid video player allows cross-platform usage of the customer-owned playlists. Nanomid is not the owner of the content inserted in such playlists by the user, therefore it assumes no responsibility for the accuracy and/or truthfulness of the available information and will not be responsible for the materials published by the author of them. Nanomid is not responsible for the actions of Users or third parties carried out within its platform or outside of it, based on the information acquired within it. Nanomid will not be responsible under any circumstances related to events, products or services promoted by Users.

    1. PROHIBITED CONTENT

       If we have reasonable grounds to believe that one of the User's content violates the law, contravenes or represents an improper appropriation of third-party rights or otherwise violates a material clause of the Agreement, we will inform the User and may require that such content be removed or that access to it be disabled. If the prohibited content is not removed within two (2) business days from our notification, we may disable access to the Services or suspend the User’s Services, upon notice wherever possible. Notwithstanding the above, we may remove or disable access without prior notice in relation to illegal content, where the content may disturb or threaten the Services, under the Digital Millennium Copyright Act or as required by law or by any regulation or other government order or request.

11. SERVICE COSTS AND PAYMENTS

    The cost of the Services provided is indicated on the www.nanomid.com website and may be updated periodically unilaterally by Nanomid.
    The cost of any updates to the main version of the software purchased by the user will be decided from time to time by the company policy and the user will have the option to purchase the update for the new features and/or versions of the software. In case the user decides not to purchase the new features and/or updates and continues to use the version originally purchased, Nanomid reserves the possibility to insert in such version, pop-ups, banners or any other advertising material.
    By accepting the Terms and Conditions, the User expresses consent for the automatic execution of payments, through the chosen payment method and declares to be of legal age and to be the legal holder of the payment instrument used.
    Nanomid is not responsible for any type of claim related to misuse or use by persons outside of the payment means holder.
    EXCEPT FOR THE CASES PROVIDED BY LAW, PAYMENTS ARE NOT REFUNDABLE.

12. TECHNICAL EQUIPMENT AND SUPPORT

    For use of the video content of the Nanomid platform, the following technical equipment is necessary: 1.) Computer PC or laptop, at least Pentium, speed 3Ghz, 2GB RAM, sound card, video card, operating system at least Windows Vista or newer browser, updated to the day. 2.) the system needs to have an internet connection with a speed of at least 2Mbps, dedicated and guaranteed access. For viewing high quality video materials, an internet connection of at least 4Mbps, dedicated and guaranteed access, is necessary.
    Please consider that most of the residential internet connections are "best-effort" connections, where the communicated speed is only the maximum speed that can be theoretically fulfilled and not the standard Internet access speed. Certain content materials might need the installation of some additional software elements (plugins). Nanomid cannot guarantee the operation of the Service on the User’s computer.

13. SUSPENSION AND CANCELLATION

    If the terms in this Agreement are breached, Nanomid reserves the right, without prior notice, to suspend or cancel the User's access to any account. The cancellation of the account due to this breach does not confer the User's right to refund the payment made for the license. In case of termination of the Contract: (a) all license keys provided may be cancelled by Nanomid at its sole discretion, (b) the User will confirm to Nanomid that all installed instances of the Software have been removed and uninstalled from all computers, and (c) the User will immediately pay any amount due to Nanomid under this Agreement.

14. CONTRACT CHANGES
    1. Terms.

       Nanomid reserves its right to change the terms and conditions of the Service at any time, without prior notification. Nanomid may, with or without notice, change this agreement and any other information contained on this website at any time. Furthermore, Nanomid reserves the right to make improvements or changes to products, services or programs described on this site at any time. When Nanomid deems it appropriate, it will communicate substantial changes to the Service to Users via the email address associated with the account and/or via notifications on the www.nanomid.com website.

    2. Suggestions.

       Nanomid reserves the right to use, modify and incorporate into its products and services, in licenses and sublicenses any feedback, comments or suggestions regarding the Services that the Client or end users can send to Nanomid, without any obligation towards the Client. Furthermore, users can not ask Nanomid to develop new features and/or to return to features which Nanomid has decided to abandon.

15. APPLICABLE LAW AND COMPETENT JURISDICTION

    This Agreement is governed and should be interpreted under the laws of Romania (except for provisions on conflict of laws) and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, and we in turn, also agree to submit to the non-exclusive jurisdiction of the Courts of the district of the City of Timișoara.

16. SEPARATION OF LEGAL ACTIONS

    The unenforceability or invalidity of any clause in this Agreement will have no impact on the enforceability or validity of any other clause. Any unenforceable or invalid clause will be considered as removed from this Agreement to the extent of its unenforceability and invalidity under the law. Therefore, this Agreement should be interpreted and applied as if it did not contain the aforementioned clause to the extent of its unenforceability and invalidity.

17. LIMITS

    The User undertakes to comply with all laws and regulations on the export of the European Union. Services cannot be purchased or used (a) by citizens or residents of a country under embargo or terrorism by the European Union; (b) in any country to which export or re-export is restricted or prohibited.

18. CONTACTS

    [email protected]
    [email protected]