Application Terms of Use

1. Relationship between you and Digitroll.

By connecting our Applications (e.g. iXeed) and by using it, you expressly manifest your agreement to the following Digitroll Applications Terms of Use. The Applications are the property of Digitroll Ltd. (Hungary), having its registered office at 63, Baánomkerti u., 4200 Hajdúszoboszló, in Hungary. (hereinafter “Digitroll” or “We”),

The following Digitroll Applications Terms of Use are a sub-set of Digitroll Services Terms and Conditions. The Digitroll Applications Terms of Use supersedes any other document of the Digitroll Services Terms and Conditions concerning its purpose.

The Digitroll Applications Terms of Use may apply to the Interface Applications and the Hardware Applications (e.g. XeedSystem – Seeding Monitor System). (Hereinafter the “Application”)

An Interface Application (Hereinafter “Interface Application”) is a software developed by Digitroll, composed by a graphic interface, that can be used in particular through your Tablet or your Internet browser, and from which you interact with the features that are made available to you by the Interface Application and allowing you to save, store, access your data, such as identifying data. Digitroll’ Interface Applications are the following:

iXeed;
SM-iXeed;

A Hardware Application (hereafter “Hardware Application”) is a software developed by Digitroll, designed to allow an interaction between your tablet and a Digitroll’ device. The Hardware Applications are designed to be integrated and attached to a Digitroll Product, allowing you to use the Product and that may save data, such as identifying data in the Product.

As a user, you acknowledge and guarantee:

That you have obtained, fully read and understood the Digitroll Applications Terms of Use
To be in possession of the Digitroll Applications Terms of Use on a durable media especially, but not limited to, by printing them out;
To be of age and aware of legal regulations or to have the signing authority;
That you Have the right to access and use the Application

Any objection or contestation to the Digitroll Applications Terms of Use (hereafter “Conditions”) would be interpreted as a refusal to agree to the Conditions. IF YOU WERE TO DISAGREE WITH THOSE TERMS AND CONDITION YOU ARE REQUESTED NOT TO USE THE APPLICATION, AND WHENEVER NEEDED UNINSTALL THE APPLICATION.

2. Modification of the Digitroll Applications Terms of Use

It is understood between the parties that Digitroll keeps the right, in any case, to modify all or part of the Digitroll Applications Terms of Use, to reflect changes to the law or any applicable regulation, modifications of our Products and Services or any event which is deemed sufficient by Digitroll to command such revisions. Any new version of the Digitroll Applications Terms of Use will not apply retroactively but replaces and supersedes the previous Digitroll Applications Terms of Use.

3. Purpose

The Digitroll Applications Terms of Use may apply when you download, install and/or use one or more Applications, in particular through your Product or after downloading and installing an Application.

4. Prerequisite for Applications usage, downloading and update

a. Interface Application

You must download the Application on your personal medium before using it. This medium can be your personal Tablet or the Web browser of your computer (hereafter “Support”). Interface Applications download, exchange of data between the Interface Application and Digitroll server requires an Internet network connection that you have to supply. However, some Applications can be used without Internet connection. The Internet connecting quality and the speed processor of the Support are essential elements for the use of Interface Applications. Prerequisite can be found on our website.

Downloading an Interface Application should not be considered as a presumption that your Support is compatible with the Application and/or any Digitroll Product. Before any use, you are responsible to check if your Support and the Interface Application and/or Digitroll’ Products are compatible.

You must comply with the terms and conditions attached to the online store used to download the Interface Application.

The Interface Applications update will be set up in accordance with the political update edited by the manufacturer of the Support and/or the manufacturer of your operating System. We hereby inform you that the Interface Application update may include substantial modifications of (1) the Interface Application and /or (2) functionality available through the Interface Application. We are unable to guarantee the continuity and permanence of any functionality available through the Interface Application. They may vary depending form where you download or connect yourself to the Interface Application.

b. Hardware Application

You may use a Hardware Application as soon as you turn on a Digitroll Product.

Hardware Application are regularly automatically updated. Updates can be performed without prior notification. If you do not want your Product to be updated, you must disassociate it from the Interface Application and prohibit any connection between the Product and the Internet. Some features and functionality may no longer be available.

You are informed that:

An update of the Hardware Application may include substantial modification of the Hardware Application and/or of the Product features and functionality.
Digitroll can hold updates of the Hardware Application without any prior notification for any reasons.
We are unable to guarantee the continuity and permanence of any feature and functionality available through the Hardware Application. They may vary depending form where you download or connect yourself to the Interface Application.

5. Information on Usage

You may download, install and use the Application in accordance with this Application Terms of Use.

Data retrieved and presented to you through an Application may not be accurate due to an inappropriate use of the Application, Product or Support.

Information contained in this publication regarding device applications and the like is provided only for your convenience and may be superseded by updates. It is your responsibility to ensure that your application meets with your specifications. DIGITROLL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, RELATED TO THE INFORMATION, INCLUDING BUT NOT LIMITED TO ITS CONDITION, QUALITY, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR PURPOSE. Digitroll disclaims all liability arising from this information and its use. Use of Digitroll devices in machinery control applications is entirely at the buyer’s risk, and the buyer agrees to defend, indemnify and hold harmless Digitroll from any and all damages, claims, suits, or expenses resulting from such use. No licenses are conveyed, implicitly or otherwise, under any Digitroll intellectual property rights unless otherwise stated.

By using an Application, you shall not:

Make any use of the Application in contradiction with any law or regulations, third party rights such as Intellectual Property rights, Privacy etc.;
Act in any manner that shall create any prejudice to Digitroll, its affiliate, partners or any user of our Applications, Products and Services;
Fraudulently introduce any data on the Application or through the Application;
Fraudulently Introduce any data on the Website or on Digitroll’ data server;
To interfere , obstruct, distort the proper working of the Site or to use the Site in any manner whatsoever to interfere with any Rights of third parties or Digitroll;
Undertake any action and/or use any method allowing data to be retrieved, including Data scraping, data harvesting, Web crawling from the Website or our database enabling any direct or indirect migration and/or duplication of a significant portion of the data and services accessible from the Website;
To probe, scan, and technically analyse the Application;

6. Connection and identification

Your identification trough an account is requested before any connection, access and use of an Interface Application.

By connecting an Interface Application and a product, you identify yourself as the user of the Product. This connection allows you to:

Link data collected by to Product to your account
Have access to your data though the graphic interface of the Interface Application.
Save your personal data in our datacentre in accordance with our Privacy Policy.

Should you create an account, you are requested to follow a set of requirements in order to avoid that a third party will have access to your account. Therefore, you have to verify that your password is sufficiently secured (composed with enough characters, mixed cases, and varied alphanumerical characters, etc.), disconnect your session when you disconnect from the Site. Access to your account and/or any other means at your disposal to get connected to the web Site is made under your own liability. We remind you that access to your account can provide access to your personal data. We strongly recommend you to activate the functionality adding a second password security in accordance to connect to your account through the Application.

Any Connection to your account from a third party and to which you have given you prior consent is your own responsibility. We cannot be responsible for all the personal data communicated to one or several parties through an authorization given implicitly or explicitly by you to one or several parties. Leaving the Application without logging-out, or not adding a second password security, must be considered as an implicit authorization.

To facilitate access through the electronic system, we remind you that your identification can be automated through the use of Cookies.

7. Intellectual Property

a. Application Interface

When you download, install and/or use an Interface Application, we, or any third party specifically designated for this purpose, grant you a personal, non-transferable, non-assignable, non-sub licensable license, non-exclusive, strictly limited to the purpose of this agreement and to the country from which you connect and use the Application or any of its updates, to all Intellectual Property rights attached to the connection and use of the functionality offered by Digitroll or any third party designated for this purpose by Digitroll.

This licence does not grant you the right to undertake any operation of reverse engineering, extraction, de-compiling, improvements, modification, marketing, renting, licencing, translation of the Interface Application.

Unless otherwise specified, the right hereby granted may apply to any updates and evolution of the Interface application. However, some functionality or features may be available through a specific licence especially if these functionality or feature is produced by a third parties, although integrated into the Application (hereinafter “Third Party Functionality”)

b. Hardware Application

When you use a Hardware Application (e.g. XeedSystem), we, or any third party specifically designated for this purpose, grant you a personal licenced attached to the Hardware Application incorporated in and attached to your Digitroll Product (identified thought the MAC number), transferable, assignable and sub licensable to a new user of the Product, for a normal use of the Product and to the country from which you connect and use the Application or any of its updates, to all Intellectual Property rights attached to the connection and use of the functionality offered by Digitroll or any third party designated for this purpose by Digitroll. You hereby are informed that the Hardware Application are not sold to you and your rights attached to it are strictly limited to this licence.

c. Application’s Visual Elements

The Application is composed of elements such as text, interfaces, photographs, charts, pictures, browsing means, trademarks, logo, graphics, design, music, artworks, computer code, software, fonts or any other element containing any Intellectual property rights held, owned, controlled by Digitroll or licenced to Digitroll to be incorporated into the Application. (Hereinafter “Application Element”)

Any use of all or part of any Application Element that is not expressly allowed by these Digitroll Applications Terms of Use requires our express and prior agreement.

8. Third Party Functionality

We may introduce functionality or feature developed and produced by third Parties into the Application in the purpose to provide you additional functionality and features. You may agree to the Third Party terms and conditions when using this functionality or feature. As a third party to this contract, we are not liable for any use and direct or indirect consequence attached to the use of such functionality or feature.

9. Data Protection

At Digitroll, protecting the privacy of our users is of utmost importance. You can read our Privacy Policy.

We may collect and record some personal data when you use a Product, the Website, an Application or any of its feature. Shall be considered as a Personal data (hereinafter “Personal Data”) any information relating to an identified or identifiable natural person.

Any collection and proceeding of personal data must be carried out with your prior and freely given consent.

We grant you the right of access to and the right to rectify any data concerning You by contacting
– by Mail: Digitroll Kft. – Banomkerti u. 63., Hajduszoboszlo, ZIP:4200, Hungary
– by email: info@ixeed.com

You can also object, at any time on compelling legitimate grounds relating to your particular situation, to the processing of data related to you.

10. Data Hosting

By using an Interface Application, you may allow Digitroll, or any third party designated for this purpose, to store data collected when using a Product and/or an Application and/or functionality allowed by a Product and Application. You may not be able to access to your data at all time, as we cannot guarantee you that your data will be available forever. We therefore recommend you to frequently save your data though the means provided in the Interface Application.

11. Warranties

The following applies to :

The Website
The Applications
Hosting services
The API
Any improvements of the above.

The following does not apply to :

The Products

Unless required by any mandatory legal provision, the Website, the Applications, Hosting services, the API and improvements of the above (hereinafter the “Elements”) are provided on an “AS IS” and “AS AVAILABLE” basis. DIGITROLL MAKES, AND USER RECEIVES, IN CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE ELEMENTS, OR ANY CONTENT SERVICE OR FEATURE OF THEME, INCLUDING ANY INFORMATION AND DOCUMENTS DOWLOADED BY YOU ARE FREE OF ERROR OR DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED.

DIGITROLL DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ELEMENT. YOUR SOLE REMEDY AGAINST DIGITROLL FOR ANY INSATISFACTION OR DECEPTION WITH ALL OR PART OF THE ELEMENT OR ANY CONTENT DIRECTLY OR INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WHITOUT WICH THE PARTIES WOULD NOT HAVE ENTERED INTO AN AGREEMENT.

12. General provisions

a. Scope of the Agreement

The Digitroll Applications Terms of Use are a sub-set of the Digitroll Services Terms and Conditions. The Digitroll Applications Terms of Use, supersede in their subject matter and their effect any other document of Digitroll Services Terms and Conditions. This version of the Digitroll Applications Terms of Use constitutes the entire agreement between us and cancels, excludes and replaces any previous conditions in its subject matter.

b. Severability

If any provision of the Conditions is held invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.

c. Waiver

Any failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof.

d. Evidence – Electronic communication

Any notification and communication between Digitroll and you can be realised by any electronic means of communication such as emails.

e. Governing law – Dispute resolution

In the event of any controversy or dispute between Digitroll and You arising out of or in connection with your use of any Products and Services (such as our Website, API, Application etc.) provided by Digitroll, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute though alternative dispute resolution.

Unless otherwise required by applicable law, this Digitroll API Terms of Use and any matters relating to them, including all disputes, will be governed by the laws of HUNGARY and be settled in the courts of Debrecen (Hungary) or, if you are a consumer the courts of the country where you reside.

The Parties may agree to resolve their dispute in accordance with Directive 2013/11/UE of the European parliament and of the council of the 21 may 2013 on alternative dispute resolution for Consumer disputes and the Regulation (EU) No 524/2013 of the European Parliament and of the council of 21 May 2013 online dispute resolution for Consumer disputes.