Terms and Conditions

These Terms and Conditions (hereinafter referred to as: TC) constitute a legally binding
agreement made between you, whether personally or on behalf of an entity (hereinafter referred to as: you)
and Haris Digital Engineering Limited Liability Company (registered seat: H-8790 Zalaszentgrót,
Ady E. u. 13., company registration number: 20-09-076343, tax number: 26603201-2-20)
(hereinafter referred to as: “we,” “us”, “our” or “Haris Digital Engineering Ltd”),
concerning your access to and use of Haris General Manager (hereinafter referred to as: GM)
and/or Haris Project Manager (hereinafter referred to as: PM) as website application
(GM and PM are collectively referred to as “Web App”) available at
www.gm.harisdigital.com and www.pm.haris-engineering.com, respectively,
and Haris OEE Operator as smart device application (hereinafter referred to
as: “Smart Device App” or “Operator”) (Web App and Smart Device App
hereinafter jointly referred to as “Apps”, individually as “App”). You agree that by downloading, accessing or
using the Apps and the relating Services, you have read, understood and agree to be bound by all of these Terms and Conditions.
If you disagree with any part of theSE Terms and Conditions then you may not USE THE APPs.

  1. DEFINITIONS

    In these Terms and Conditions, the following capitalised terms shall have the following meanings, except where the context otherwise requires:

    “Account” means an account created by a User within the Apps as part of Registration.

    “Consumer” means you, if you are a natural person acting for purposes which are outside your trade, business or profession.

    “Content” means all the data created as the result of the measurements made by the Smart Device App in the way specified in TECHNICAL DESCRIPTION.

    “EULA” means our End User Licence Agreement which is available here.

    “Intellectual Property Rights” shall have the meaning as defined in our EULA.

    “Privacy Policy” means our privacy policy set out here.

    “Register” means to create an Account within the Smart Device App or the Web App and

    “Registration” means the act of creating such an Account.

    “Services” means all the services provided by Haris Digital Engineering Ltd via the Apps to Users, and “Service” means any one of them,

    “Smart Device” means the mobile phone, tablet, laptop and other electronic devices on which the Smart Device App can be downloaded, installed and used.

    “Users” means users of the Apps, including you and “User” means any one of them.

    “User Identifier” means the identifier which is necessary to log in to the Apps.

  2. DESCRIPTION OF THE PRODUCTS AND SERVICES
    PRODUCT DESCRIPTION


    Haris OEE Operator – the Smart Device App

    The Smart Device App is designed for specific manufacturing operational data collection at manufacturing industrial
    companies and is designed to capture the predefined up and down statuses of machines and/or manual operations,
    by registering the time of status changes as well as the time spent between status changes
    (e.g., a machine starts and stops operation), (hereinafter referred to as: “Surveys”).
    Users might register predefined reason codes during data collection for further use.

    The Smart Device App helps the User evaluating the data collected by enabling aggregated reports,
    thus providing insight on manufacturing operations efficiency.


    Haris GM

    Haris GM is designed for collecting, maintaining and sharing Survey relevant data.
    User may upload Survey data with the Smart Device App to Haris GM using his/her User Identifier.


    Haris PM

    Haris PM is designed to provide project management services using his/her User Identifier.

    TECHNICAL DESCRIPTION

    The operational data required by the Smart Device App for machine status monitoring is
    inherently provided by external devices which are different from the sensors of the Smart
    Device running the Smart Device App. The Smart Device App in its current built is designed
    to read specific external device data using Bluetooth Low Energy (BLE) technology. These devices
    (“Beacons”) contain several sensors measuring several attributes, e.g. environment temperature,
    light or device acceleration. Preconfigured Beacons broadcast standard telemetry data packages making
    the Smart Device App available for capturing (parsing telemetry data packages) sensor information
    on a regular basis (hereinafter referred to as: “Frequency”).

    The Smart Device App uses aggregated acceleration information of the Beacon’s accelerometer to
    capture the movement or resonance of the asset (e.g. machine)
    where the Beacon is attached to. As Frequency is highly influencing the
    quality of status monitoring Users are advised to use Beacons supported by Haris Digital Engineering Ltd.

    You are responsible for placing the Beacon to an appropriate location enabling Beacon
    accelerometer capturing relevant movements and/or resonances.

    You are responsible for considering all the safety regulations when placing the Beacon
    to the selected asset to be monitored (e.g. avoiding attaching the Beacon to a high-speed
    rotating palette might hurting someone if the Beacon is released).

    For successful application of the Smart Device App Users are advised to purchase preconfigured Beacons
    from Haris Digital Engineering Ltd.

    versions of the services

    The Services are available to the Users in the following three versions of the Operator and GM:

    PROJECT Version (Free)

    In the course of use of the Project Version, you are entitled to download the Smart Device App
    to your Smart Device without identifying yourself.

    Features available in the Project Version (Operator only):

    • Automated Downtime Detection;
    • In-app reports;
    • Station-based reports;
    • In-app data visualisation;
    • 1 level customisable reason codes;
    • 6 survey templates,
    • 6 run histories;
    • 6 hours run per day;
    • Limited on-line support

    The Project Version may be installed and used for free.

    BASIC Version

    BASIC Version is available after Registration and subscription.

    Features available in the BASIC version (Operator and GM)

    • Automated Downtime Detection;
    • CSV,
    • Excel exports;
    • Station-based reports
    • In-app data visualisation;
    • Pause button for logging maintenance activities;
    • Password protected set-up and reporting screens;
    • 1 level customisable reason codes;
    • Online project and task management application;
    • Unlimited surveys and history;
    • Unlimited runs;
    • On-line support.
    PRO Version (Operator and GM)

    Pro Version is available after Registration and subscription.

    Features available in the PRO Version (Operator and GM)

    • Automated Downtime Detection;
    • Automated Cycle Time and Speed Loss Detection;
    • Manual / Automated Quality Loss Detection;
    • Customisable online reports;
    • Reports by groups of stations, lines, floors;
    • Real-time monitoring suitable for production control;
    • Automated anomaly detection;
    • Advanced user authentication and access control;
    • 2 level customisable, centrally managed reason codes;
    • Improvement projects connected to your OEE metrics;
    • Unlimited runs On-line and chat support.
    • Unlimited surveys and history;

    The Services are available to the Users in the following versions of the PM:

    Features available in the PM PROJECT Version (Free):

    • Project management (create and manage projects with priorities)
    • Task management (create, organize, delegate and follow up tasks with deadlines and notes)
    • Project templates (copy project tasks for repetitive activities)
    • Basic user management (invite user, view and edit details, activities)
    • Personal and company wide performance and workload reports
    • Personal and company wide activity logs
    • Email reminders and in app alerts
    • Personal calendar

    The Project Version may be installed and used for free.

    Import tasks from spreadsheets Features available in the PM PRO Version

    • All free functions plus
    • Project management Pro (dedicated project teams, adjustable control levels)
    • Tasks management Pro (authenticated task approvals, followers, comment flow, task history)
    • Visual project control (progress based Kan-Ban view)
    • User role management (Project manager, sponsor, members, admins)
    • Team management (create and manage user groups)
    • Team related performance and workload reports
    • Team calendar view
    • Authentication based activity logs
    • File management (upload, store, view and download files, edit images)
    • Advanced search function
    • Export tasks to spreadsheets
  3. USE OF THE SERVICES
    LICENCE

    Subject to your compliance with the TC and the law, you may access and use the Apps in
    accordance with the conditions related to the version used by you.
    The further provisions on Licence are determined in our EULA.

    Intellectual Property

    We remain the sole owner of all right, title, and interest in the Apps.
    We do not grant you any rights to patents, copyrights, trade secrets, trademarks,
    or any other rights in respect to the items in the Apps. We reserve all rights not
    granted under this TC. For further information please read our EULA.

  4. PRIVACY

    For information about how we collect, use, share or otherwise process information about you,
    please see our Privacy Policy.

  5. DATA UPLOADED BY OUR USERS

    Our users may upload, or otherwise contribute content to the Web App (which may include, for
    example, data provided by the Beacons, data arising from the measurements and calculations carried out by the
    Smart Device App or the Web Apps, data arising from the use of the features of the Web Apps (e. g. charts, tables),
    text notes, information, descriptions and other types of content, hereinafter collectively referred to as: App Content).

    You guarantee that, with respect to any App Content you upload, or otherwise contribute to the Web App
    you have the right to upload, or otherwise contribute such App Content to the Web App, and such App Content,
    or its use by us, if you allow us to use it as specified below, does not violate the applicable law, or the
    intellectual property, publicity, personality, or other rights of any 3rd party.

    We reserve the right to remove or disable access to any App Content for any or no reason, violates
    this TC or the rights of any 3rd party. We may take these actions without prior notification to you or any third party.

    You are solely responsible for all App Content that you upload, or otherwise contribute to the Web App.

    YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO APP CONTENT THAT YOU UPLOADED TO THE WEB APP,
    THEN, ACCORDING TO THE REGULATIONS OF SECTION 15 OF THIS TC YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND
    AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

    We declare that we do not have access to the Content stored in the Smart Device App.

    We inform you that we have access to the APP Content you upload to the Web App; however we declare that
    we only store such APP Content on our servers and we do not use them otherwise with the exception specified in the next paragraph.

    We may use your App Content as anonymised data, for system development or marketing purposes only if you have given
    your consent thereto by ticking the box next to the following declaration:

    ⌧ I hereby give Haris Digital Engineering Ltd my consent to use all my Content for system development and marketing purposes.

    In this case we ensure that

    • we use your App Content anonymously;
    • the App Content our use of the Content cannot be directly linked to you or your company.

    We declare that we do not use the App Content for purposes other than specified above.

  6. USER CONDUCT
    User Registration

    You can use the Project Version without Registration.

    You shall Register in order to use BASIC Version or PRO Version.

    In the course of Registration you create an Account as follows:

    1. Click on “Subscribe to BASIC Version” or “Subscribe to PRO Version” in the Smart Device App or visit https://www.gm.harisdigital.com/#/login/registration.
    2. Enter your
      • username;
      • name of your company;
      • e-mail address,
      • password.
    3. Please note that your password shall be at least 8 (eight) characters at least
      and shall include uppercases, lowercases and numbers.
    4. Please read our TC and EULA with special regards to the terms which differ from Act V of 2013 (Hungarian Civil Code)
      and other relevant legal regulations and if you accept the provisions thereto, tick the box next to the following declaration:I hereby declare that I have read, with special regards to the terms which differs from Act V of 2013 and
      other relevant legal regulations, and I accept the provisions of Terms and Conditions and End User Licence Agreement.
    5. Please read our Privacy Policy and then tick the box next to the following declaration:I hereby declare that I have read and I acknowledge the provisions of the Privacy Policy.
    6. Click on “Start”.
    7. Please complete the payment according to your selected version (BASIC or PRO) and subscription term.

    You agree to keep your password confidential and will be responsible for all use of your account and password.

    In case you subscribe to BASIC VERSION or PRO VERSION of the Smart Device App (“Subscription”), the subscription agreement
    between you and us is concluded at the time you receive our confirmation e-mail concerning your payment.
    We are going to send you immediately the confirmation e-mail (hereinafter referred to as: Confirmation mail)
    of your payment, to the e-mail address that you registered, after your payment is credited on our bank account.
    This TC, the EULA and the Privacy Policy constitute the binding provisions of the Subscription agreement.
    The Subscription agreement is deemed to be a written agreement, and we are going to forward it to you by sending
    the valid version of this TC, its annexes and the Privacy policy as the enclosure of the Confirmation mail.
    The language of the Subscription agreement and communication between the Parties shall be English.
    If you request us via e-mail or registered mail in writing we are going to resend you via e-mail your Subscription agreement.

    We reserve the right to remove, reclaim, or change a username you select if we determine,
    in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

    Responsible Use

    You must use the Apps responsibly.

    Misuse

    You must not misuse the Apps. For instance, you must not:

    • copy, modify, host, stream, sublicense, or resell the Apps or ;
    • enable or allow others to use your Account or the Apps on your behalf;
    • use the Apps to construct any kind of database;
    • access or attempt to access the Apps by any means other than the interface we provide or authorise;
    • circumvent any access or use restrictions put into place to prevent certain uses of the Apps;
    • share material, or engage in behaviour that violates anyone’s intellectual property rights;
    • upload or share any material that is unlawful, harmful, threatening, abusive,
      tortious, defamatory, libellous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
    • upload, transmit, store, or make available any material or code that contains any viruses,
      malicious code, malware, or any components designed to harm or limit the functionality of the Apps, or
    • use any data mining or similar data gathering and extraction methods in connection with the Apps;
    • other prohibited activities.
    User Representations

    By using the Apps, you represent and warrant that:

    • all registration information you submit will be true, accurate, current, and complete;
    • you will maintain the accuracy of such information and promptly update such registration information as necessary;
    • you have the legal capacity and you agree to comply with this TC;
    • you are not under the age of 18;
    • not a minor in the jurisdiction in which you reside;
    • you will not use the Apps through automated or non-human means, whether through a bot, script or otherwise;
    • you will not use the Apps for any illegal or unauthorised purpose; and
    • your use of the Apps will not violate any applicable law, regulation and the provisions set out in Subsection entitled MISUSE.

    If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate
    your Account and refuse any and all current or future use of the Apps (or any portion thereof).

    If you register on behalf of a company, organisation, or entity (hereinafter referred to as: Company)
    the terms “you” and “your,” as used throughout this TC, apply to both you and the Company, and you represent
    and warrant that you are authorised to grant all permissions and licenses provided in this TC and to bind the Company to this TC.

  7. PAYMENT AND PRICES
    payment

    If you subscribe to BASIC Version or PRO Version of the GM/Operator, PRO Version of the PM,
    you shall pay the price specified in Subsection entitled PRICES in advance via credit
    card or bank transfer payment. We may change the price of the subscriptions packages of
    the BASIC and PRO version, from time to time and will communicate any price changes to you in
    advance. Price changes will be only applicable for your future subscriptions but doesn’t
    take effect related to your already paid subscriptions.

    You may be asked to supply certain information relevant to your subscription including, without limitation, your credit card number,
    the expiration date of your credit card, your billing address.
    For further information on data which shall be provided by you in the course of subscription, please read our Privacy Policy.

    You represent and warrant that:

    • you have the legal right to use any credit card(s) or other payment method(s) in connection with any subscription; and that
    • the information you supply to us is true, correct and complete.

    The use of third party services may be necessary for the purpose of facilitating payment and the completion of subscription.
    By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

    We reserve the right to refuse or cancel your subscription order at any time for reasons including but not limited to:

    • service availability,
    • errors in the description or price of the Services,
    • error in your order or
    • other reasons.

    We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

    Prices

    You may use the Project Version for free.

    You can subscribe to BASIC and/or PRO Versions for a 3, 6 or 12 months period.

    Users have to pay after each data collection point (hereinafter referred to as: “Data Source”). You may use two different
    Smart Devices for data collection with one Account, but you cannot use them simultaneously with the same Account.

    Users are not allowed to hand over the Beacons and the access to the Account to a third party.

    You may subscribe to the Basic Version of the GM/Operator for 3, 6 or 12 months period for the following net prices:

    3 months39 Euro/Month/Data Source
    6 months35 Euro/Month/Data Source
    12 months29 Euro/Month/Data Source

    The above written prices are net prices and does not include the applicable VAT.
    VAT (if applicable) will be charged over the above indicated net prices.
    The net price plus the applicable VAT of the selected subscription period includes
    the full price of the selected service for the selected subscription period.

    You may subscribe to the PRO Version of the GM/Operator for 6 or 12 months for the following net prices:

    6 months45 Euro/Month/Data Source
    12 months39 Euro/Month/Data Source

    The above written prices are net prices and does not include the applicable VAT.
    VAT (if applicable) will be charged over the above indicated net prices.
    The net price plus the applicable VAT of the selected subscription period includes the
    full price of the selected service for the selected subscription period.

    You may subscribe to the PRO Version of the PM for 6 or 12 months for the following net prices:

    6 months9 Euro/Month/User
    12 months9 Euro/Month/User

    The above written prices are net prices and does not include the applicable VAT.
    VAT (if applicable) will be charged over the above indicated net prices.
    The net price plus the applicable VAT of the selected subscription period includes
    the full price of the selected service for the selected subscription period.

  8. TERM AND TERMINATION

    In case you use the PROJECT version by downloading the Smart Device App you are accepting that you
    are only entitled to use the Smart Device App according to the valid version of this TC and the EULA.
    The TC and the EULA shall remain in full force while you use the Smart Device App.

    In the event you use the PROJECT Version, you may delete the Smart Device App from your
    Smart Device any time by removing from the Smart Device as usual on the particular operating system (iOS or Android).

    You are entitled to subscribe to Basic Version or Pro Version any time by clicking on
    “Subscribe to Basic Version” or “Subscribe to Pro Version” completing the registration
    and paying the price for the chosen subscription period according to Section 6 [PAYMENT AND PRICES]
    of this TC. The subscription is in force until the last day of the subscription period.

    In the event you use the Basic Version or Pro Version, you may terminate the subscription
    any time by clicking on “Unsubscribe”, but you must acknowledge that the price which you have paid
    in advance will not be refunded under any circumstance, except if you cancel your
    subscription during the Cancellation period.

    If you subscribe for a BasiC Version or Pro Version you may cancel your subscription
    for any or no reason and receive a full refund of the paid subscription period within fourteen (14)
    days starting from the day you sign-up for the relevant subscription period (in this TC referred to as: Cancellation period).

    In the event you use the BasiC Version or Pro Version, and you do not extend your Subscription
    until the end of the subscription period, then you are not entitled to use the Web App and other
    Services specified in the related sections [Basic Version or Pro Version] after the end of the subscription period,
    but you are still going to be entitled to use the Smart Device App in accordance with the provisions of
    section of PROJECT Version for unlimited period of time.

    During the term of subscription, you may prolong it any time by clicking on “Extend subscription”
    and paying the appropriate price in advance. In case of extension, you may determine the length of
    the subscription period differently than earlier.

    During the term of subscription, you may move from a shorter period to a longer one.
    In this case discount will be accounted to the extended future period in accordance with the tables set out in Section 6.

    During the term of subscription, you may upgrade your BASIC Version to PRO Version anytime.
    In this case the already paid fee related to the still remaining subscription period, shall
    be counted in the price payable for the selected subscription period of the PRO Version.

    WITHOUT LIMITING ANY OTHER PROVISION OF THIS TC, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
    AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPS OR THE RELATING SERVICES
    (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT
    LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS TC OR OF ANY APPLICABLE LAW OR REGULATION.

    If we terminate or suspend your Account for any reason, you may no longer have access to the
    Contents and the App Contents; you are prohibited from registering and creating a new Account
    under your name, a fake or borrowed name, or the name of any third party, even if you may be
    acting on behalf of the third party. In addition to terminating or suspending your Account,
    we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

  9. GOVERNING LAW

    This TC and your use of the Apps are governed by and construed in accordance with the laws of Hungary.

  10. DISPUTE RESOLUTION

    To expedite resolution and control the cost of any dispute, controversy, or claim related
    to this TC (each a “Dispute” and collectively, the “Disputes”) brought by either you or us
    (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
    negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty)
    days before initiating court procedure or consumer disputes. Such informal negotiations commence upon
    written notice from one Party to the other Party.

    In case results of the foregoing negotiations are not satisfactory, and you are a Consumer, you may submit
    an application to the competent conciliation board or the competent consumer protection authority as follows:

    • if you reside in Hungary, the conciliation board of jurisdiction by reference
      to your home address or temporary residence has competence to conduct the proceeding;
    • if you do not reside in Hungary the conciliation board attached to the
      Budapest chamber of industry and commerce has competence to conduct the proceeding;
    • if you intend to conduct the proceeding of the consumer protection authority
      instead of the conciliation board, you may submit an application to the government office of the county seat in which you reside.

    Any Party may submit an application to the national court which is competent according to Act CXXX of 2016 on civil procedure.

  11. CORRECTIONS

    There may be information within the Apps that contains typographical errors,
    inaccuracies, or omissions that may relate to the Apps, including descriptions,
    pricing, availability, and various other information. We reserve the right to correct any
    errors, inaccuracies, or omissions and to change or update the information in the Apps at any time, without prior notice.

  12. DISCLAIMER

    THE APPS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT
    YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
    IN CONNECTION WITH THE APPS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
    OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
    OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE APPS AND WE WILL ASSUME
    NO LIABILITY OR RESPONSIBILITY FOR ANY

    1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
    2. ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
    3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPS,
    4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPS BY ANY THIRD PARTY, AND/OR
    5. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
      DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
      TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPS.

    NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON BEHALF OF US.

    WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
    OFFERED BY A THIRD PARTY THROUGH THE APPS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR APPLICATION FEATURED
    IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
    TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT
    OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

    IN CASE YOU ARE A CONSUMER THEN THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

  13. LIMITATIONS OF LIABILITY

    IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS; SUBSIDIARIES, AFFILIATES, SUCCESSORS,
    ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
    CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
    LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, LOSS OF CONTRACT,
    LOSS OF GODWILL, LOSS OF USE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPS AND RELATING SERVICES,
    EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    WE EXCLUDE OUR LIABAILITY IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPS,
    AND FOR NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM
    THIS TC CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND OUR REASONABLE CONTROL.

    OUR LIABILITY FOR ANY CLAIMS, LOSSES AND DAMAGES IS LIMITED TO THE AGGREGATE AMOUNT OF THE SUBSCRIPTION
    FEE PAID BY YOU UNDER THIS TC DURING THE LAST 3 CALENDAR MONTHS PRECEDING THE DATE OF
    THE INCIDENT GIVING RISE TO THE CLAIM, LOSS OR DAMAGE.

    NOTHING IN THIS TC REMOVES OR LMITS OUR LIABILITY FOR CLAIMS WHERE THE LIABILITY IS MANDATORY PURSUANT
    TO APPLICABLE LAW ESPECIALLY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR WILLFULL ACT, FOR FRAUD OR FOR FRAUDULENT MISREPSRENSENTATION.

  14. SERVICE LIMITATIONS AND MODIFICATIONS

    We will make reasonable efforts to keep the Apps operational. However, certain technical
    difficulties, maintenance or testing, or updates required by technical developments,
    or to reflect changes in relevant laws and regulatory requirements,
    may, from time to time, result in temporary interruptions. We reserve the right,
    periodically and at any time, to modify or discontinue, temporarily or permanently,
    functions and features of the Apps, with advance notice where possible, all without
    liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption,
    modification or need to repair, maintain or improve the existing functions or features, or to add new functions
    or features to the Apps, or to ensure the operability or the security of the Apps, legal and regulatory reasons.

  15. INDEMNIFICATION

    You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
    and all of our respective officers, agents, partners, and employees, from and against any loss,
    damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made
    by any third party especially due to or arising out of:

    1. use of the Apps;
    2. breach of this TC;
    3. any breach of your representations and warranties set forth in this TC;
    4. your violation of any law and/or the rights of any third party, including but not limited to intellectual property rights; or
    5. any overt harmful act toward any other user of the Apps with whom you connected via the Apps.

    Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and
    control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense,
    with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or
    proceeding which is subject to this indemnification upon becoming aware of it.

  16. THIRD PARTY APPLICATIONS

    The Apps may interact with third party applications, websites, services and devices
    (hereinafter collectively referred to as: Third Party Apps and devices).
    These Third Party Apps and devices may have their own terms and conditions of use and
    privacy policies and your use of these Third Party Apps and devices will be governed by and
    subject to such terms and conditions and privacy policies. You accept that we are not responsible
    or liable for the behaviour, features, or content of any Third Party Apps and devices.

  17. Consent to Electronic Communications and Solicitation

    By downloading the Smart Device App, you authorize us to send you information regarding the Apps and the Subscription to BASIC Version and PRO Version, such as:

    • notices about your use of Apps, including notices of violations of use;
    • updates to the Apps and new features or products;
    • updates and modifications of this TC; and
    • promotional information and materials regarding our products and services.

    You can review your account settings to adjust your messaging preferences or
    unsubscribe to some messaging by following instructions provided by us.

  18. ASSIGNMENT

    We are entitled to assign our rights under this TC, in whole or in part,
    or to delegate any of our obligations under this TC. You may not assign
    whole or in part, nor transfer or sub-license your rights under this TC, to any third party.

  19. MISCELLANEOUS

    This TC and any policies or operating rules made available by us in the Apps constitute the
    entire agreement and understanding between you and us, and supersede any prior agreements
    in relation to the subject matter of this TC whether written or oral.. Our failure to exercise
    or enforce any right or provision of this TC shall not operate as a waiver of such right or provision.

    The EULA is an inseparable annex of this TC.

    We may amend this TC and its annexes at any time by posting the amended terms within the Apps.
    Your continued use of the Apps after we publish notice of changes to this TC indicates your consent to the updated terms.

    This TC operate to the fullest extent permissible by law.

    We shall not be responsible or liable for any loss, damage, delay, or failure
    to act caused by any cause beyond our reasonable control.

    If any provision or part of a provision of this TC is determined to be unlawful, void,
    or unenforceable, that provision or part of the provision is deemed severable from this
    TC and does not affect the validity and enforceability of any remaining provisions.
    There is no joint venture, partnership, employment or agency relationship created between
    you and us as a result of this TC or use of the Apps.

    You agree that this TC will not be construed against us by virtue of having drafted it.
    You hereby waive any and all defences you may have based on the electronic form of this
    TC and the lack of signing by the Parties hereto to execute this TC.

  20. Contact Us

    In order to resolve a complaint regarding the Apps or to receive further information regarding use of the Apps, please contact us at:

    Haris Digital Engineering Limited Liability Company

    Seat: H-8790 Zalaszentgrót, Ady E. u. 13.
    phone: +36 30 824 7816
    email:
    peter.perecz@haris-engineering.com
    andras.pfeiffer@haris-engineering.com
    beta.support@haris-engineering.com