Terms of Service
Welcome to Enkronos Apps (The »Service« or »Platform«, as more fully described below), a platform with SSO (Single Sign On) system that include our own Apps (LoyaltyVenue, FeelGrid, Swee, Your Gamify, McAudience, Contest Dream, …) and can include also third party Apps. The Service is owned and Operated by Enkronos OÜ, Keemia tn 4, 10616 Tallinn, Estonia.
The company Enkronos OÜ. (“Enkronos”,“Company”, “we”, “us”) is happy to share with you all the content, including online services and information about the company, its operations, apps, products and services which are available on the web site https://apps.enkronos.com ( “platform”, “web page”, “web site”).
Thank you for taking the time to read through this most wordy but important document. This Enkronos Apps Terms of Service (the “Terms of Service” or TOS) creates a binding legal agreement between Enkronos OÜ. (“Enkronos”) and you. If you are accepting these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity. By using or accessing this website (the “Site”) and any service available on the Site, you agree that you have read and agree to the terms of these Terms of Service. These Terms of Service also applies to any Enkronos Apps software downloaded on your computer. Enkronos will notify you about any eventual update of these Terms of Service at any time and you can review these Terms of Service from time to time by accessing the Site.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
IN ADDITION TO THESE TERMS AND CONDITIONS THERE MAY BE SPECIAL CONDITIONS ASSOCIATED WITH INDIVIDUAL »APPS« – YOU WILL FIND A LINK DESCRIBING THESE ON EACH »APP«.
USING OUR SERVICES
You must follow any policies made available to you within the Services.
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a Method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are vestigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Enkronos Apps’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. When you register to Enkronos Apps, you can opt in to this kind of communication. You may also easily opt out of those communications at any time.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
YOUR ENKRONOS APPS ACCOUNT
You may need an Enkronos Apps Account in order to use some of our Services. You may create your own Enkronos Apps Account, or your Enkronos Apps Account may be assigned to you by an administrator, such as your employer. If you are using an Enkronos Apps Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account. To protect your Enkronos Apps Account, keep your password confidential. You are responsible for the activity that happens on or through your Enkronos Apps Account. Try not to reuse your Enkronos Apps Account password on third-party applications.
ABOUT SOFTWARE IN OUR SERVICES
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
Enkronos Apps gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Enkronos Apps as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ENKRONOS APPS, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
SWEE APP OFFICIAL RULES
In order to participate to our SweeEvents you need to follow these simple steps:
- Download Swee App from Apple Store or Google Play
- Open Swee App on your device
- Login or Register yourself into Enkronos Apps. If you Register yourself into Enkronos Apps for the first time you will have to agree to this Terms of Service
- Find a SweeEvent and participate. You can participate with AR Participation, by Confirming your Location or with Loyalty Venue. In order to be able to participate to a SweeEvent you will have to agree with Enkronos Apps Terms of Service. You may also have to agree to specific Terms of Service dictated by the specific SweeEvent owner.
Swee App is available for downloading through Apple Store and Google Play. Enkronos declares that Apple and Google are not involved in any way with our SweeEvents. Apple and Google are also not a participant and not a sponsor of SweeEvents.
MODIFYING AND TERMINATING OUR SERVICES
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time, although we’ll be sorry to see you go. Enkronos Apps may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
OUR WARRANTIES AND DISCLAIMERS
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER ENKRONOS APPS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
LIABILITY FOR OUR SERVICES
WHEN PERMITTED BY LAW, ENKRONOS APPS, AND ENKRONOS APPS’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ENKRONOS APPS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, ENKRONOS APPS, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
BUSINESS USES OF OUR SERVICES
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Enkronos Apps and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
ABOUT THESE TERMS
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately, unless you will not accept those changes. Anyhow, if you will not agree to the modified terms for a Service, you could discontinue your use of that Service, since it could become technically unusable.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms control the relationship between Enkronos Apps and you. They do not create any third party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
Choice of law, jurisdiction and territorial jurisdiction of the court
You irrevocably consent to submit to the exclusive jurisdiction of the courts in Estonia for any claim, proceeding or action under the Terms of Service, except for any claim, proceeding or action by Enkronos for equitable relief.
You agree that these Terms of Service are specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.
These Terms of Service shall constitute the complete and exclusive agreement between you and Enkronos, and govern your use of the platform.
If any provision of these Terms of Service is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the Terms of Service and the other provisions shall remain in full force and effect.
Enkronos may assign these Terms of Service and your Account to any third party in its sole discretion in the cases provided for by law.
These Terms of Service binds you, your heirs, legal representatives, executors and permitted assigns.
The sections of “Intellectual Property Ownership”, “Disclaimer of Warranties”, Limitation of Liability”, “Indemnity” and “Miscellaneous” will survive any actual or purported termination or expiry of these Terms of Service and continue in full force and effect.
You represent and warrant that you are authorized and permitted under all laws applicable to you: to the use the Platform, to enter into these Terms of Service and comply with its terms, to meet your obligations hereunder and comply with all laws, regulations or policies that apply to the Platform, including, without limitation, any and all import and export control regulations and laws, and a breach of any representation or warranty is a terminable breach of these Terms of Service.
You may contact Enkronos by email at firstname.lastname@example.org or by mail at Enkronos OÜ, Keemia tn 4, 10616 Tallinn, Estonia.
Last updated : 15. 5. 2019