Terms and Conditions
The document includes general terms and conditions for using Dewesoft products and services. Please navigate directly to:
Terms and Conditions for the use of the DewesoftX software
Dewesoft general terms and conditions for the sale and use of DewesoftX data acquisition software licenses.
Article 1 – General / scope
1.1. These General Terms and Conditions for the Sale of Software Licenses (hereinafter referred to as “GTC”) shall apply to all business transactions between Dewesoft d.o.o., izdelava programske opreme in proizvodnja elektronskih komponent, (foreign) company or subsidiary of Dewesoft Group (hereinafter referred to as “DWS”) and the Buyer regarding the sale of software licenses, manufactured by or for DWS. This GTC shall apply exclusively and even if these terms are not expressly referenced in subsequently concluded contracts.
1.2. Any terms of the Buyer, which oppose or supplement these GTC shall not become part of the contract unless DWS has given express consent to their validity in writing.
1.3. This GTC shall also apply if DWS completes the delivery without attaching these GTC or does not attach these GTC to future transactions in specific cases.
1.4. Additional or deviating agreements regarding these GTC concluded between DWS and the Buyer for the implementation of a contract must be made in writing. This also applies to the cancellation of the written form requirement. The rights to which DWS is entitled beyond this GTC pursuant to statutory provisions shall not be affected.
Article 2 – Offer and conclusion of a contract
2.1. DWS’ invitation for offers and prices are indicated in the DWS’ Web Shop, are subject to change, and are not binding unless they are expressly indicated as binding. DWS has the exclusive right to modify the software and the prices by sending an advance written notice to the Buyer 30 days before the implementation of the changes.
2.2. The Buyer places its orders by placing them in the DWS’ Web Shop.
2.3. Orders by the Buyer constitute binding offers for the conclusion of a contract for the Buyer, whereas the DWS is not bound with such Buyer’s orders.
2.4. DWS’ written confirmation of the order or, in case of immediate implementation of the order, the delivery of the ordered software at the indicated final invoice price shall be authoritative for the contents and establishment of the contract. Where the Buyer provides justified objections to the contents of the order confirmation or the delivered software, he must immediately forward such objections. Otherwise, the contract shall be established subject to and pursuant to the contents of the order confirmation or delivery.
2.5. Any contracts, amendments, supplements, and modifications of the contracts are only valid if mutually agreed upon in writing. Any subsequent request for modification requires DWS’s specific written confirmation and entitles DWS to amend the price and extend the agreed time limits, whereas DWS is not obliged to make such modifications, changes, or improvements.
Article 3 – Description of products and services
3.1. Where the contract refers to software that is subject to further technical development, DWS is entitled to make deliveries in accordance with the most recent software datasheet, whereas the DWS is not obliged to provide any further changes, improvements, or updates to the delivered software.
3.2. Technical and design deviations from descriptions and information in brochures, offers, and written documents, as well as changes to performance, design, and material in line with technical progress shall remain the exclusive right of DWS; the Buyer may not derive any rights in this regard. Information regarding the condition of DWS’ software (technical data, user interface, etc.) is merely approximate and is not indicative of a guaranteed configuration unless DWS expressly guarantees such in writing.
Article 4 – Prices and price adjustments
4.1. The prices agreed to in writing or listed in DWS’s order confirmation shall be authoritative. All prices are based on the general price list of DWS, which is in force on the day of entering into the contract. In the absence of a different agreement, prices are quoted Ex Works (EXW) in accordance with Incoterms 2010 and include standard packaging, if applicable. Costs for transport, special packaging, postage, freight, insurance, customs duties, and similar (if applicable) are not included and shall always be the responsibility of the Buyer. Statutory VAT and other statutory taxes for Slovenia and abroad are listed separately on the invoice at the amounts that apply on the date the invoice is issued.
4.2. In the event that non-foreseeable costs increase in relation to total costs between the time the contract is concluded and the order is implemented, and which are not DWS’ responsibility, including, but not limited to cost increases due to changes to legislation, changes in manufacturing costs or wages (e.g. tariff agreements), commodity prices, technical standards and regulations or changes to material prices, DWS is entitled to make reasonable changes to the prices in line with the changed circumstances.
Article 5 – Payment terms
5.1. Payments will be made according to contractual provisions or payment conditions defined in the issued invoice or pro–forma invoice. The invoice shall be generated at the time when the Buyer receives the license keys for the software. All payments shall be made in Euro (EUR) unless expressly agreed otherwise.
5.2. In the absence of an express differing agreement (e.g. payment conditions on the invoice or pro–forma invoice), the Buyer is required to pay the issued invoice within 30 days, following the date of the issued invoice.
5.3. In case of late payment, the amount recoverable by DWS will automatically and without prior notice be increased by statutory default interests under Slovenian law. The Buyer is obliged to pay the costs of reminders. DWS shall have the right to claim reasonable damages for all relevant recovering fees incurred due to late payment (including legal fees). The day of the payment is the day when the payment arrives at DWS’s bank account.
5.4. Any disagreements regarding invoices or claims (e.g. issues regarding credit notes or other administrative issues) do not allow the Buyer to postpone the ultimate payment date for the accepted part of the invoice.
5.5. Drafts and cheques shall only be accepted on the basis of an express written agreement and only as an undertaking to pay. Discount charges and other costs for drafts and cheques are the Buyer's responsibility. DWS’s rights from Article 9 will remain until such time as all draft and cheque receivables have been paid.
5.6. DWS is entitled to offset the Buyer's payments against the Buyer's oldest debts. Where costs and interest have already accrued, DWS is also entitled to initially apply for the payment against such costs, then against the interest, and finally against the amount of the principal.
5.7. Offsets of counterclaims of the Buyer have to be mutually agreed on in writing.
Article 6 – Delivery
6.1. DWS shall deliver the ordered software license immediately upon the conclusion of the contract in accordance with these GTC.
6.2. The delivery of the software shall be deemed to have been fulfilled as soon as the DWS provides a license key to the Buyer and issue an invoice. When the invoice is fully paid by the Buyer, the license key can be activated (registered) within the software using an offline registration procedure and delivered to the customer as stipulated in Article 9.1. herein.
6.3. DWS reserves the right, without compensation to the Buyer and without prior notification of the Buyer, to suspend or cancel the delivery of the order and/or to cancel the contract in case the Buyers owes any outstanding amount that is due pursuant to any invoice, issued by DWS to the Buyer.
6.4. DWS shall not be liable for the impossibility of deliveries or delivery delays caused by Force Majeure (any event that is outside of DWS’ control, and which causes DWS’ full or partial failure to comply with his obligation) or other events that were not foreseeable at the time the contract was concluded and cannot be controlled by DWS (e.g. business disruptions of all kinds, difficulties in obtaining materials or energy, transport delays, strikes, legal lockouts, lack of labor, energy or raw materials, official measures or missing, incorrect or non-timely deliveries from the Supplier's upstream suppliers). Insofar as such events make delivery or performance very difficult or impossible for DWS, and the hindrance is not merely temporary, DWS is entitled to withdraw from the contract or to suspend the performance of the contract. In the case of temporary hindrances, times for deliveries and performance will be extended or delivery or performance dates will be postponed by the time of the hindrance, plus a start-up period. Events of Force Majeure or other events that were not foreseeable at the time the contract was concluded shall not give rise to any compensation or penalty from DWS.
Article 7 – Place of fulfilment and transfer of risk
7.1. In the absence of a different agreement, the delivery of products will be made at Ex Works (EXW) DWS main office, Gabrsko 11a, 1420 Trbovlje, Slovenia, according to the Incoterms 2010. The delivery of services will be made according to the contract.
7.2. The risk of incidental loss and deterioration of the software shall be transferred to the Buyer, as soon as the license key has been sent to the Buyer.
7.3. Where the delivery is delayed due to circumstances that are the Buyer's responsibility, the risk of incidental loss and deterioration of the software shall be transferred to the Buyer from the day DWS is ready to deliver the software.
Article 8 – Retention of title
8.1. The delivered license shall remain the exclusive property of DWS and the Buyer is not entitled to register and use the software, nor procure the third parties to use the software until such time as all claims to which DWS is entitled against the Buyer as a result of the business relationship have been paid in full (invoices, interest for late payment and any other payments including cheques and draft claims). The Buyer shall obtain the license for the use of software upon payment of the full and entire amounts due from the previous sentence.
8.2. The Buyer is required to treat the software which is subject to retention of title with professional care for the duration of the retention period.
8.3. The Buyer is not entitled to reproduce, reverse engineer, decompile, or disassembly the software and/or any of its parts. This rule applies to the time prior to and also after the obtainment of the software license.
8.4. The Buyer is not entitled to pledge, transfer as security or take other measures that would endanger DWS’ ownership with regard to the products that are subject to retention of title.
8.5. The Buyer hereby assigns the claims from the resale of the products, complete with all ancillary rights, to DWS –in proportion to the corresponding co-ownership share if DWS also owns a portion of the delivered products subject to retention of title – and regardless of whether the products subject to retention of title are sold without or after further processing.
8.6. In the event the Buyer is in payment default, bankrupt or otherwise insolvent, or in the event of a winding-up of the Buyer, DWS shall be entitled to withdraw from the contract, cancel all pending orders, and claim damages, without prejudice to DWS’ other rights. The Buyer must permit DWS or a third party designated by DWS immediate access to the software subject to retention of title, and hand it over.
8.7. The Buyer will inform DWS without delay regarding any obligation to register retention of title in an official register or any other formal obligation necessary to be valid in the country where the software will be delivered. The Buyer will at his own costs fully cooperate, assist and give all consents to DWS regarding any formal obligation necessary to achieve valid retention of title. In cases where software is delivered to different legal jurisdictions, in which the provision regarding retention of title pursuant to these GTC does not have the same securitizing effect as in the Republic of Slovenia, the Buyer shall grant DWS a corresponding lien at DWS’ request.
8.8. The Buyer should keep the name of the software and respect all DWS trademarks associated with the software and clearly indicate the trademarks as the property of DWS in all documentation, including but not limited to a web page, catalogs, brochures, advertisements, and other communication to third parties in any form whatsoever.
Article 9 – Claims for defects and limitation of liability
9.1. The information contained in the current version of the software datasheet offers to define the specifications and properties of the delivered software. The description of the software and potential explanations in this regard form a part of the agreements of the approximate factual nature and not of guarantees or promises unless they are expressly described otherwise. DWS does not assume any guarantee for the condition unless expressly agreed to in writing.
9.2. DWS licenses the use of software “as is” and does not assume or undertake any liability for factual or legal defects.
9.3. The liability exclusions and restrictions listed in this Article shall also apply in the same scope in favor of DWS’s corporate bodies, statutory representatives, employees, and agents.
Article 10 – Warranties
10.1. DWS does not provide any warranties for the delivered software.
10.2. DWS does not provide that the software is fit for purpose and is not liable for any damages, arising from or related to the use of the software by the Buyer or third parties.
Article 11 – Confidential information and business secret
11.1. Information exchanged between DWS and the Buyer including, but not limited to: research, technology, software developments, marketing plans, market conditions, software, business strategies, pricing, and similar, constitutes confidential information and the business secret of the party disclosing such information. The purpose of such exchange is to allow the parties to meet their obligations and responsibilities. The party receiving any confidential information, its employees, and or any other related person will not, except with the prior written consent of the disclosing party, use, divulge, disclose or communicate this data and information to any person, firm, corporation, or entity, in any way. The parties will protect confidential information and business secrets in accordance with the applicable laws and best business practices.
11.2. The obligations under this Article will survive the termination of the contract between DWS and the Buyer for any cause.
Article 12 – Intellectual property
12.1. DWS is the exclusive holder of intellectual property rights referring to its software. The Buyer of the products and services does not acquire any intellectual property rights, apart from the use of the purchased licenses of the software in the Buyer end-products, intended for sale to end customers. In the event that the Buyer is not the end customer, but buys the software for resale, the Buyers is obliged to achieve that the end buyers accept and assume obligations under the End–User License Agreement for Dewesoft Software (hereinafter referred to as “EULA”), which shall be delivered as a part of the software. Upon request of DWS, the Buyer shall provide evidence that every particular end customer has provided acceptance of the EULA.
12.2. All rights arising from samples, models, prototypes, sketches, designs, drawings, specifications, contract documents, and other similar documents (hereinafter referred to as: “documents”) shared by DWS, are subject to the title of DWS, and are part of the intellectual property rights of DWS and are wholly owned by DWS. The Buyer is not entitled to present such documents and items to any third party without the prior consent of DWS and will upon request return them to DWS without any further delay.
Article 13 – Usage and expiration conditions
There are two options when purchasing Dewesoft software: time-unlimited license and time-limited license.
13.1. Evaluation license: The user might ask for a time-limited free of charge evaluation to check the functionality of the software; the evaluation license should be used only for the purpose of software evaluation, and no commercial use is allowed;
13.2. Time unlimited license: Dewesoft instruments come with a time-unlimited license version of Dewesoft software (PROF level). Additionally, the customer might purchase time-unlimited software options and/or bundles. The customer is allowed to use the full software functionality without any time limit for all commercial purposes;
13.3. Time-limited license: Customers might choose to purchase software options and bundles with time expiration. The customer can use all functionality before the expiration time. After the expiration, the customer might continue to use all time-unlimited purchased licenses but is unable to use additional options and bundles which expired.
13.4. License for analysis and offline setups: User might use software package of Dewesoft free of charge for data analysis and preparing of offline setups;
13.5. Termination. In the case of a time-limited license, the EULA terminates automatically upon the expiration of the license.
Article 14 – Data protection
DWS is entitled to process and store the Buyer's data to the extent that this is required to implement the contracts, and as long as DWS is obliged to store such data based on statutory provisions.
Article 15 – Exports
15.1. The Buyer may not export copies of software that are subject to embargo provisions and administrative limitations.
15.2. It is the Buyer's responsibility to obtain information regarding the relevant export and/or import provisions or restrictions and to obtain the corresponding approvals where necessary.
15.3. Notwithstanding anything to the contrary in these GTC or any special agreements, DWS shall in no event be obliged to deliver any software or perform any of its obligations under these GTC or special agreements until the required approvals relating to the export regulations have been obtained by the Buyer. Each party agrees to provide the other party with all such information and assistance as may reasonably be required by the other party in connection with securing such authorizations or licenses and to take timely action to obtain all required support documents. DWS shall be entitled to terminate any agreed purchase order or any part thereof if the respective necessary approval(s) according to the applicable export regulations cannot be obtained within a reasonable time period.
Article 16 – Final provisions
16.1. The transfer of the Buyer's rights and obligations to third parties requires DWS’ written consent, whereas it shall be deemed as DWS has provided consent to upload one copy of the software per purchased license for one end–product of the Buyer to be sold to and used by the end customer of the Buyer end–product.
16.2. DWS’ domicile shall be the place of jurisdiction for all disputes from the business relationship between DWS and the Buyer. DWS is also entitled to file a suit at its domicile or the domicile of its local (foreign) subsidiaries and any other permissible place of jurisdiction.
16.3. With regard to the legal relationship between DWS and the Buyer, the laws of the Republic of Slovenia shall apply unless expressly agreed differently in writing. The rules of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
16.4. In the event, a provision in these GTC is found to be partially or completely invalid, void or unenforceable under any particular national or international legislation, or in the event of a legal loophole, it will not affect the validity of the remaining provisions. The invalid, void, or unenforceable provision will be replaced with a valid or feasible provision that most closely corresponds with the purpose of the invalid or infeasible provision.
16.5. DWS reserves the right to modify the GTC without prior notification. The modified GTC will be published in Web Shop.
Terms and Conditions for the use of the DewesoftM app
Last updated: 12/7/2024
IMPORTANT: Please read these Terms of and Conditions carefully before using our mobile application DewesoftM (the "App"). This Terms and Conditions Agreement (“Agreement”) is entered into by and between DEWESoft d.o.o. software development and production of electronic components, Gabrsko 11A, 1420 Trbovlje, registration number: 1580850000, tax number: SI57193517, (‘’DEWESoft’’) and you (‘’User’’), the User of this App. Access to and use of the App is provided subject to the terms and conditions set forth herein. By downloading, accessing and using the App, User hereby agree to these terms and conditions.
The term DEWESoft in this Agreement includes the Company itself, its subsidiaries and other affiliates and other related companies, associated companies, subsidiaries, and their respective officers, directors, managers, owners, partners, agents, employees, representatives, administrators, vendors and licensees.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT THE DEWESoft’s LIABILITY TO USER. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS ACCESSING AND USING THE APP CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF USER DOES NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT THE APP IMMEDIATELY AND DO NOT ACCESS AND/OR USE THE APP.
BY ENTERING THE APP, USER ACKNOWLEDGES AND AGREE THAT USER HAS READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS SET FORTH HEREIN ARE FAIR AND REASONABLE, AND THAT USERS AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON USER BY ANY PERSON OR ENTITY.
LIMITATIONS AND DISCLAIMERS
Any Information of the DEWESoft or the App is or has been rendered based on specific facts, under certain conditions, and subject to certain assumptions, and may not and should not be used or relied upon for any other purpose, including, but not limited to, use in or in connection with any legal proceeding. The Information is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Information may become out-of-date. The DEWESoft undertakes no obligation to update any Information on the App. The DEWESoft reserves the right to make alterations or deletions to the Information at any time without notice.
The App its data and information made available at the App is provided on an “AS IS'' and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, and implied warranties of merchantability or fitness for a particular purpose. Without limiting the generality of the foregoing, the DEWESoft makes no warranty, representation or guaranty as to the content, sequence, accuracy, reliability, timeliness or completeness of the App, that the given data may be relied upon for any reason or that the data will be uninterrupted or error free or free from viruses or other harmful components or that any defects can or will be corrected. User acknowledges that Users use of the App is at Users own risk without limiting the generality of the foregoing, the DEWESoft makes no representations or warranties with respect to any data offered or provided within or through the App regarding all measurements. Under no circumstances, as a result of Users use of the App, will the DEWESoft be liable to User or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the DEWESoft shall have absolutely no liability in connection with the App for:
damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, non-delivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
any errors, omissions, or inaccuracies in the data regardless of how caused, or delays or interruptions in delivery of the data or information; or
any decision made or action taken or not taken in reliance upon the data or information.
The App is free for the user to use, but the user must use WIFI or mobile data transfer (at home or abroad) and pay for it, the which is charged by the operator of their choice according to the price list in force at the time.
DEWESoft d.o.o. shall not be liable if the App or any of the Services are not available worldwide due to national/local laws, network or other conditions.
USER MUST NOT USE THE APP WHILE DRIVING, BEHIND THE WHEEL OR OPERATING A MOVING VEHICLE. For safety reasons, User should only ever use the app in accordance with the law or when it is safe to do so.
APP USAGE
Accuracy and access
The App is designed to provide results of measurements to Users through their mobile devices done on an appropriate connectable DEWESoft’s device. By using the App, User acknowledge that the accuracy of measurements may vary depending on various factors, including device capabilities, environmental conditions, and user proficiency.
The App may require access to certain features of Users device, including the camera, the device’s gallery or photo library, GPS, microphone, and Wi-Fi capabilities, to provide measurements form the appropriate connectable DEWESoft’s device. User grants the App permission to access and utilize these features for the sole purpose of providing its intended functionalities.
App Permissions
In order to provide accurate measurement functionalities, the App requires access to the following:
Camera: The App may require access to Users device's camera to capture visual information necessary for measurement purposes. DEWESoft does not collect or store any images or videos captured by Users camera.
Device’s Gallery: The App may require access to the User's device's gallery or photo library in order to be able to operate. Note that denying access to the gallery may limit certain features or capabilities of the App. DEWESoft does not access, collect or store any images or videos in the device's gallery or photo library.
GPS: The App may require access to Users device's GPS capabilities to obtain location information, which helps to enhance measurement accuracy and provide relevant features. The geographic location of the User is determined in a manner that isn't continuous. This means that it is impossible for this App to derive the exact position of the User on a continuous basis. DEWESoft does not see the User location, it does not collect or store any personal Users location data. Only the User can see its location.
Microphone: The App may require access to Users device's microphone to capture audio information when relevant for measurement purposes. DEWESoft does not record or store any audio captured by Users microphone.
Wi-Fi or mobile data transfer: The App may utilize Users device's Wi-Fi connection or mobile data transfer for certain features, such as online data synchronization or providing additional context to measurements. No personally identifiable information is transmitted through Wi-Fi.
By default, these permissions must be granted by the User before the respective information can be accessed. Once the permission has been given, it can be revoked by the User at any time. In order to revoke these permissions, User may refer to the device settings where User can manage and control these permissions through Users device's settings. The exact procedure for controlling App permissions may be dependent on the User's device and software. Please note that the revoking of such permissions might impact the proper functioning of this App.
User is solely responsible for ensuring that Users device meets the necessary system requirements for the App and for maintaining the security and confidentiality of Users device.
Apps functionalities
Streaming Measurements from DEWESoft Device:
The App is specifically designed to work in conjunction with appropriate DEWESoft's measurement devices. It allows Users to stream measurement data from DEWESoft devices.
To enable the stream measurement data from DEWESoft devices, the App may require access to the measurements captured by the connected DEWESoft device. This access is necessary to facilitate the seamless transmission of measurement data.
By using the App, User acknowledges and agrees that the App will only access and transmit measurements from DEWESoft devices.
The broadcasting functionality is solely intended to share measurement data collected by DEWESoft devices with the App. The data transmitted will be limited to the measurements captured by the connected DEWESoft device.
DEWESoft makes every effort to ensure the security and privacy of the transmitted measurement data. However, it is important to note that the transmission of data over the internet or wireless networks may involve certain risks, and DEWESoft cannot guarantee the absolute security of the transmitted data.
User is responsible for ensuring that User have the necessary rights, permissions, or consents to broadcast and share the measurement data from the DEWESoft device. DEWESoft disclaims any liability for the content of the measurements transmitted or any unauthorised use or sharing of the measurement data.
FEEDBACK VIA QR CODE IN APP
DEWESoft values your input and strives to continuously improve the App's performance and features. To facilitate the feedback process, users can send us an email with suggestions on support@dewesoft.com.
Bug Reporting
If User encounters any bugs, glitches, or technical issues while using the App, we encourage User to send us an email with a screenshot of the QR code with a detailed description of the problem. This will help us identify & address the problems efficiently.
When reporting bugs, please provide as much detail as possible, including a description of the issue, steps to reproduce it, and any error messages or screenshots that may assist us in understanding and resolving the problem.
Idea Submission
DEWESoft values Users’ creative ideas and suggestions to enhance the App's functionality and User experience. Please provide a clear description of your idea, its potential benefits, and any relevant supporting materials that may help us evaluate and consider its implementation.
PRIVACY POLICY
DEWESoft is committed to protecting Users privacy and personal information with applicable privacy laws. Please refer to DewesoftM Privacy Policy for detailed information on how DEWESoft collects, uses and protects data when User uses the App.
The App does not collect any data, including but not limited to, measurements, location information, and device identifiers. By using the App, User does not consent to the collection, storage, and use of this data. For more review the Privacy policy for the use of the mobile application DewesoftM.
RESERVATION OF INTELLECTUAL PROPERTY RIGHTS
The App is protected by copyright laws. The DEWESoft hereby reserves any and all intellectual property rights in the App.
The App and all associated content, including but not limited to, text, graphics, images, videos, and software, are owned by or licensed to DEWESoft and are protected by intellectual property laws.
User agrees not to copy, modify, distribute, sell, or lease any part of the App or its content without DEWESoft’s prior written consent.
PROHIBITED ACTIVITIES
User agrees not to engage in any of the following activities while using the App:
violating any applicable laws or regulations by using the App for any purpose that is unlawful or prohibited by this Agreement;
delete or alter any copyright, trademark or other proprietary notices or attempt to obtain ownership of or rights of the App, including the Content;
interfering with or disrupting the operation of the App or its associated servers or networks;
disassemble, decompile, reverse engineer, copy in source code or object code format, or create derivative works on an online service or mobile application;
attempting to gain unauthorized access to the App, other users' accounts, or any related systems or networks;
uploading or transmitting any malicious code, viruses, or harmful content;
engaging in any activity that may impose an unreasonable or disproportionately large load on the App's infrastructure or impair its functionality.
USER RESPONSIBILITIES
User agrees to use the App responsibly and in compliance with applicable laws and regulations. User is solely responsible for any content User views using the App. User must not engage in any activities that may disrupt the functioning of the App or compromise its security.
INDEMNIFICATION
User agrees to indemnify and hold the DEWESoft harmless from any claim or demand, liabilities, damages, losses, or expenses, including attorneys’ fees, made by any third party as a result of any violation of law that occurs by User through the App, and/or anything User does using the App and/or the data and information contained therein.
MODIFICATION AND TERMINATION
The DEWESoft may, in the DEWESoft’s sole and absolute discretion, modify or replace the terms and conditions of this Agreement in whole or in party at any time for any reason without any notice to User, whether prior or otherwise. Such modified terms and conditions shall supersede these terms and conditions and shall become binding when published online on the App. Users continued use of the App after the effective date of any modifications constitutes acceptance of those changes.
DEWESoft reserves the right to terminate or suspend Users access to the App at any time, without prior notice or liability, for any reason including, but not limited to, a breach of this Agreement.
The Terms and Conditions are available to everyone at all times in their up-to-date and valid version in full text on www.dewesoft.com.
GOVERNING LAW, CONSENT TO JURISDICTION AND LIMITATION ON CLAIMS
This Agreement and Users use of the App, along with the Information contained therein, shall be governed by and construed in accordance with the laws of the Republic of Slovenia without regard to conflict of laws principles, and User agree to submit to the jurisdiction of Federal Courts in the Republic of Slovenia. User further agree that any claims or causes of action arising out of or related to this Agreement and the App, along with the Information contained therein, shall be filed within 1 (one) year after such claim or cause of action arose, or such claim or cause of action shall be forever barred.
SEVERABILITY AND WAIVER
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions so the remaining provisions shall continue in full force and effect.
The DEWESoft’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
CREDITS, ACKNOWLEDGEMENTS and LICENCES
List of the used open-source components:
This App incorporates open-source components. DEWESoft would like to acknowledge the contributions of the open-source community and provide User with the necessary information regarding the components used.
This information is available in the following spreadsheet and also inside the DewesoftM app (More -> About -> Licences).
CONTACT
If User has any questions, concerns, or inquiries regarding this Agreement please contact us at support@dewesoft.com.
ENTIRE AGREEMENT
User hereby acknowledges that this Agreement represents the entire understanding between User and the DEWESoft concerning Users use of the App and the data and information contained therein.
THE APP AND THE DATA AND INFORMATION CONTAINED THEREIN IS MADE AVAILABLE BY THE DEWESoft FOR SERVICE PROCESS PURPOSES ONLY.
Terms and Conditions for Participation at the Dewesoft Measurement Conference
Please read the following Terms and Conditions carefully before making your decision to register. By finalizing your registration, you agree to be bound by these Terms and Conditions. If you do not feel able to accept and meet these Terms and Conditions, do not proceed with registration and payment.
Submission of a registration is regarded as an affirmation of your acceptance of the Terms & Conditions.
1. General
1.1 Dewesoft Measurement Conference (hereinafter the “Conference or MC2024”) is organized and managed by the Organizer Dewesoft d.o.o., a company registered in Slovenia with VAT ID: SI57193517 and Identification Number: 1580850000, having its registered seat in Gabrsko 11a, 1420 Trbovlje, Slovenia.
1.2 The Organizer is reserving the right to change the conference program and speakers, as well as cancel the Conference without any prior notification. In case the Conference is canceled, all those who paid the registration fee will be notified via e-mail and their purchase fee will be reimbursed.
1.3 By registering for the Conference, the Participants are agreeing that the Organizer can use the photographs, as well as audio and video content that could possibly show Participants. The Organizer is reserving the right to use these materials for promotional purposes in future marketing materials, including social media channels, websites and print material, without obtaining any further approval from you or making any payment to you. The Participants forgo the exercise of any kind of copyrights or other rights that pertain to their mention or image. The Participants are aware that the Organizer is not undertaking any obligations for any possible damages caused by publication of these materials where the Participants are mentioned or shown.
1.4 The users of the online registration system agree that the Organizer can contact them via e-mail to notify them about the Conference.
1.5 The Participants are attending the Conference at their own responsibility. The Organizer shall not answer for any possible lost or damaged property or for possible injuries that occur at the Conference.
1.6 The Organizer reserves the right to ban the entrance or to administer a demand to vacate the event to a certain person on the basis of inappropriate behavior at the discretion of the members of the organizational team or anybody who operates under the authority of the Organizer.
2. Registering for the Conference
2.1 Participants can only register for the Conference via an online form available at the address https://dewesoft.com/measurement-conference.
2.2 To attend the conference you must be at least 18 years old or accompanied by a parent or legal guardian, or if you are under the age of 18, please ask your parent or legal guardian to read these Terms and Conditions and provide their consent on your behalf. If you’re a parent or legal guardian, and you allow your child to attend the Conference, then these terms apply to you and you’re responsible for your child’s activity at the Conference.
2.3 During the registration process, participants must fill all fields marked (*). Participants thereby guarantee that all the details filled in are correct and notify if there is a change.
2.4 With registration, you fully accept these Terms and conditions.
2.5 The number of Conference participants is limited. Participants will be enlisted on a first come first serve basis.
2.6 All Participants are required to show a form of identification when registering for the event at the Conference venue. The tickets are bound to a person and are non-transferable.
2.7 Each registered Participant receives an accreditation when registering at the Conference’s venue, which must be worn at all times during the Conference. The accreditation badge allows access to the Conference.
3. Dewesoft Measurement Conference cancellation policy
3.1 Failing to pay the invoice until 29.2.2024 will automatically imply cancellation of the conference registration.
3.2 If you cancel your registration before 1.3.2024 you'll receive a full refund of your registration fee. If you cancel your registration after this date, we will charge a 100% registration fee as cancellation costs. Regardless of the above, it is still possible to register a substitute participant in accordance with these terms and conditions.
3.3 Only written requests received at mc@dewesoft.com will be taken into consideration. Complete registration fee will be invoiced in the event you cancel your registration after the mentioned date, fail to attend the conference for whatever reason or in the event the cancellation was not sent in written form. Cancellations of participant registrations are not eligible for credit for the next conference. In the event the registered person cannot participate at the Dewesoft measurement conference due to force majeure it is possible to register a substitute participant in accordance with these terms and conditions.
3.4 Any requests to replace one participant for another must be made via email at mc@dewesoft.com. It is possible to rectify a registration at no cost. Please note that it will not be possible to make replacements at the registration area, in Laško.
3.5 We reserve the right to cancel the conference at our sole discretion for any reason and at any time. In the event of such a cancellation, we will refund any registration fees paid, and we will use reasonable endeavors to notify you of such cancellation.
4. Prices and payment
4.1 All payments for registration fees must be made in Euros (EUR). Prices are set out on the website https://dewesoft.com/measurement-conference. VAT for entries and personal registrations is charged at 22% under ZDDV-1 Slovenian VAT rules and is included in the price. The services included in the fee can be found in our description on the conference website. Further services are not included in the participation fee.
4.2 Payments can be made via credit card or via advance payment. Once registration is submitted a confirmation email will be sent. The invoice will be issued after the Conference.
4.3 Your payment will be processed by a secure third-party payment processor we will neither collect nor store your credit card details. On the registration form, you will be directed to use the credit card payment facilities provided by Stripe. You can read their full privacy policy on their website https://stripe.com/en-gb-si/privacy. Payments by credit card can be made by Visa or Mastercard and may incur a transaction fee.
5. Photos and videos
5.1 Dewesoft Measurement Conference is an event organized by Dewesoft and will be photographed and recorded. For the content and the purposes of the use of the obtained information and material by Dewesoft, please read Privacy Policy for Participation at the Dewesoft Measurement Conference. By registering for the conference, you accept these Terms and Conditions as well as mentioned privacy policy.
5.2 During the Conference, the Organiser may arrange photo sessions and may film the course of the Conference for the purposes of broadcasting in the media (TV, radio, Internet, press) or for the purposes of documentation, marketing, or advertising for the Organiser or other parties named by the Organiser. By participating in the Conference Participants give their implicit permission for the recording, use an/or dissemination by the Organiser, parties related to it of each Participant’s image, voice, expression in any promotional and marketing materials without limitation of time or territory.
5.3 This permission means specifically that photo, video and audio recordings taken during the Conference may be placed on the Conference website or another website managed by the Organiser, as well as used in marketing materials, including by dissemination in audio or video formats. The Participants hereby waive any claims (existing or future), including for compensation from the Organiser for such use of their image, voice or expression for the purposes defined hereunder.
5.4 You can withdraw during the photographing or recording of the event.
6. Privacy policy
6.1 By registering at the Dewesoft Measurement Conference online registration system, participants give their consent that Dewesoft uses their personal data for purposes described in the Privacy Policy for Participation at the Dewesoft Measurement Conference.
6.2 All privacy information can be found in our Privacy Policy for Participation at the Dewesoft Measurement Conference.
7. Intellectual Property
7.1 All intellectual property rights in materials provided to you during or for the purposes of the Conference (including but not limited to any notes, slides, or articles) are the property of Dewesoft or the relevant Conference speakers.
7.2 Neither the whole nor any part of the Conference may be copied, recorded, reproduced, distributed, or transmitted to a third party by any means whatsoever without first obtaining our consent in writing.
7.3 Extracts from the Conference and any materials used in the Conference may only be used or quoted with our prior permission (which is at our sole discretion).
8. Insurance and Liability
8.1 Participants are responsible for taking appropriate insurance coverage in connection to their travels to the Conference. If the participant is traveling from outside of the host country to attend the Conference, appropriate travel insurance should be purchased independently and in advance of any travel or travel bookings.
8.2. Participants are attending the Conference at their own risk. The organizer is not responsible for any lost or damaged items or for any injuries that may occur at the event.
9. Final Provisions
9.1 The Organiser reserves the right to make changes to the Terms and Conditions. Upon an announcement by the Organiser of any changes to the Terms and Conditions, each Participant registered for the Conference should immediately read such changes. Participants who do not accept any of the changes should notify of their position to the Organiser in writing via electronic channels at mc@dewesoft.com. The notification should reach the Organiser within 5 days from the entering into force of such changed Terms and Conditions in failure of which the Organiser shall regard the changed Terms and Conditions to have been fully accepted by the Participants.
9.2 The Participants shall be fully liable for any damage they cause both in the venues involved in any Conference activities and their accommodation.
9.3 Any disputes arising with the Conference participation shall be decided by courts with jurisdiction for the Organiser.