TERMS AND CONDITIONS
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS TO USE THE ARIAH MOBILE APPLICATION, DO NOT PROCEED AND YOU MAY NOT USE THE ARIAH MOBILE APPLICATION.
• “Content” means text, photos, graphics, etc. available on the Website or Ariah
• “Product” means Ariah
• “Site” or “Website” means www.ariah.app
• “Submission” means any content posted by Users
• “Customer” means either the residential, apartment or office building, independent offices or any other person whether a company, individual, civil association, any other legally constituted organization, etc., who purchases a license to use Ariah by himself or his authorized representatives and by his own means.
• “Administrator User” means the principal user designated by the Customer, who acquires the license for the use of Ariah. This user authorizes the creation of new users based on the scope of the purchased license. These may be any individual or legal entity.
• “User or Principal Host” means each user created from the license of use acquired by a Customer, duly authorized by the Administrator User. These may be individuals.
• “QR Code” means the proof and identification for entry issued by Ariah at the time of registration of a visit, which is shared by the User to the respective visit.
• “Minor,” according to Honduran law, any individual under the age of 18.
“Ariah Intro” refers to the Ariah companion application that will be installed in the access controls that the Customer decides and on the devices that the customer enables through its QR reading code and visit log.
1: Acceptance of Terms
This Service is offered to you for acceptance without modification to the terms, conditions and notices contained in this agreement and any operating rules, policies and procedures that Developers post on the Website (the “Site”) (collectively, the “Terms”) or in the application.
The following Terms govern your access to and use of the Service. Your use of the Service constitutes your acceptance of all of these Terms. These Terms may be updated by Developers from time to time by posting a notice on the Website or by updating the Service. These Terms and Conditions apply to all Users of the Service.
2: The service
Ariah provides secure access to each of the User’s visitors, to the access control system, reception or each Customer’s Principal Host chosen visit announcement reception, using QR Codes delivered through any messaging platform chosen by the User. A User creates a visit in Ariah to provide access to one or more visitors, whether these are listed as staff, delivery, frequent visits or unique visits. Ariah generates a temporary QR Code and the User sends it to the visitor who must use it to access the place established by Ariah Intro. When the User generates the QR code, he also sends an access enablement for a visit that will be received in Ariah Intro on the access points designated and enabled by the client.
Developers commit to make commercially reasonable efforts to ensure the availability of the Visitor Entry Services Platform for most of the time possible, except when there is scheduled maintenance or software update with prior insinuation, or emergency maintenance or during any maintenance requested by you or any other User, or any force majeure event, or suspension/termination of the User. Developers make commercially reasonable efforts to respond to correct any errors as reported by our customers.
Developers reserve the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without prior notice to the User. The modified Terms and Conditions of this Agreement will take effect immediately upon its posting on the Site or by any upgrade to the Service. The continued use of the Service by the User after the posting of the modified Terms on the Site or by any update to the Service constitutes the Affirmative acknowledgement of the User: (a) the recognition of the Terms and their modifications; and (b) the agreement to abide by and be bound by the Terms, as amended. The User acknowledges and agrees that the Developers shall not be liable to the User or any third party in the event that the Developers exercise their right to modify or discontinue all or part of the Service.
To access Ariah, you will need to create a User. You must send a valid email address and password during the registration process. By choosing to use these services, you agree to provide true, accurate, current and complete information about you, as indicated by any registration form for the Service, (such information is “Registration Data”), and you agree to promptly maintain and update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is false, inaccurate, non-current or incomplete, or we have any reasonable basis to suspect that such information is false, inaccurate, non-current or incomplete, we may suspend or terminate your User and refuse to offer you any current or future use of the Services or the Site.
You agree to notify Developers immediately if you suspect any unauthorized use of your User. You are solely responsible for any use of your User by third parties.
Links to other websites provided on this site by Developers or their advertisers are provided solely for your convenience and the provision of such link does not constitute our approval of that site or its provider or any of the content, products or services contained therein.
Your use of each of these sites is subject to the terms, if any, that each of those sites has posted. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content, products, services or any transmission received through such sites.
7: User Conduct/Lawful Use
The User agrees that the use of the Site/Service is subject to all applicable international, national, state and local laws and regulations. The User agrees to comply with these laws and is solely responsible for the content of his/her communications through the Service. The User agrees to use Ariah only for lawful purposes.
You confirm that your use of Ariah does not violate any applicable local/national/international law and you have also obtained the necessary permits from the authorities concerned to install and use the Service. The User agrees to allow the Service to send messages and notifications to you.
Developers do not monitor content uploaded by a User and depend on the User’s dial-up content (report) that violates the terms and conditions. However, if you are found to be involved in any act of use of the service illegally, or if you are brought to our notice by another User, you will be advised to remove the content immediately.
If the content is not immediately deleted, your User will be terminated, and the charges provided to the Developers will be forfeited. Developers also reserve the right to remove such prohibited material without prior notice to the User.
If you find any prohibited material on the Site, you waive your right to any damage related to such exposure. Such material should be reported immediately to firstname.lastname@example.org; In the event of any violation of these Terms, Developers reserve the right to seek all remedies available by law and in equity for such violations.
The Ariah mobile application and all products offered through it are protected by copyright and any unauthorized use of such copyrighted content may infringe copyright, trademark and other laws. This is a license, not a title transfer, and is subject to the following restrictions:
You may NOT:
• Modify, decompile, reverse engineer, or disassemble associated content or software;
• Remove any copyright notices or other proprietary notices from the content;
• Copy any part of the content, or content in its entirety, without the prior authorization of the Developers.
TO THE EXTENT PERMITTED BY LAW, DEVELOPERS AND THEIR AFFILIATES, SUPPLIERS AND DISTRIBUTORS DO NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, ANY OTHER SERVICES AS SET FORTH IN THIS AGREEMENT ON THE PRODUCT AND SERVICES. THE SERVICE IS PROVIDED “AS IS”. WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DEVELOPERS ARE NOT RESPONSIBLE FOR ANY DECLARATION, REPRESENTATIONS OR CONTENT PROVIDED BY THEIR USERS IN ANY PUBLIC FORUM, PERSONAL PAGE, SOCIAL MEDIA OR OTHER INTERACTIVE AREA, EVEN IF THE DEVELOPERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Developers do not warrant, endorse, or assume responsibility for any products or services advertised or offered by a third party through the Site or ARIAH or any site, hyperlink that appears on any banner or other advertising.
Developers also do not guarantee that their service will be secure or uninterrupted; the information, links or other elements contained in these contents will be accurate and complete.
Developers may make changes to these content at any time without notice. Developers do not commit to update the content. No oral advice or written information provided by Developers, their employees, licensors, or similars shall create a warranty; nor can it rely on such information or advice.
10: Limitation of liability
Developers provide the Service in collaboration with third parties or using third-party facilities/services. As a condition of use of the Service, and in consideration of the services provided by the Developers, the User agrees that neither the Developers, nor any official, affiliate, director, shareholder, agent, contractor or employee of the Developers shall be liable to the User or any third party for any direct, indirect, incidental, special, punitive or consequential loss of benefits, loss of profits, loss of business opportunities, damages, expenses or costs resulting directly or indirectly from, or otherwise arising out of, or otherwise arising out of, or otherwise arising in connection with the Service, the Site or the Content.
DEVELOPERS ARE NOT RESPONSIBLE FOR ANY CLAIM RESULTING FROM ANY (I) ERRORS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR DAMAGE TO PROPERTY, OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OUR SERVERS. FINANCIAL INFORMATION AND/OR INFORMATION STORED IN THE SAME, (IV) ANY INTERRUPTION TO OUR SERVICE, (IV) ANY VIRUSES, TROJANS, OR ANY RELATED INFORMATION THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVICE BY THIRD PARTIES, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT PUBLISHED, TRANSMITTED OR OTHERWISE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DEVELOPERS, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXAMPLE OR CONSEQUENTIAL EVENT RESULTING IN ANY LOSS OF USE, DATA, BUSINESS OR PROFESSION, (B) LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES.
You agree to indemnify and exempt the Developers, and their subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of the Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, your intentional or negligent violations of any applicable governmental law or regulation, your contractual relationship with a third party, or your violation of any rights, including but not limited to rights related to patents or copyrights of another.
12: Fees and payments
Developers offer a free Ariah trial service and also a paid/subscription version. If you wish to use the paid version of Ariah, you must request a subscription through the instructions in the app or the Site. We contact your listed billing contact to confirm payment details with them. Once this is done, the subscription is confirmed and you accept the payment and billing process. You agree that we may establish an automatic procedure that Ariah establishes and includes auto-renewal of the subscription as long as it is not directly cancelled in the applicable option.
When you have an Ariah subscription, you will be issued an invoice within the first few days of each month. The invoice covers the subscription fee for the following month, as well as credits that were not covered by your subscription for the previous month. This invoice must be paid and Developers must have received the payment before the next bill is issued for the Service, otherwise your Service is likely to be suspended.
If alternative schedules and payment methods are required to meet your organizational requirements, we must be informed before the terms and agreements are accepted.
In the event of late payments, Developers maintain the right to charge late payment rates at commercial interest rates.
All subscriptions to the Services automatically renew at the end of the subscription period unless a cancellation request is issued to Developers. The cancellation terms are explained in section 15.
Developers charge, by default, in United States Dollars (USD). We reserve the right to adjust the exact amount charged to accommodate currency fluctuation. If the exchange rate changes more than 10% for 3 consecutive months, we will adjust the fees charged after notifying the Customer and Adminstrator User of this change.
We will retain the information you provide to us for as long as we need it to provide you with the Services. If you delete your User, we will also delete this information. However, User information may be retained in these cases: (1) there may be some latency in deleting this information from our servers and backup storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes or enforce our agreements.
14: Property rights
These Terms do not transfer any rights, title or interest in the Ariah mobile application and the service provided to the User. Subject to these terms, we grant you a limited, personal, non-exclusive, non-transferable license to use Ariah and Developer Service only for use to the extent you have the right to access.
Your right of access to the Service will be limited by these Terms. Except for this license granted to you, we retain all rights, titles and interests in and to the Service, including all related intellectual property rights. Ariah is protected by applicable intellectual property laws, including copyright laws and international treaties.
Except as expressly provided otherwise in this Agreement or as expressly permitted by applicable law, you will not allow or authorize third parties to: (a) reproduce, modify, translate, improve, decompile, disassemble, reverse engineer or create derivative works of Ariah; (b) rent, lease or sublicense the Service; nor (c) circumvent or disable any technological or security features or measures in the product software.
When you post Public Content, you hereby grant us (or warrant that the owner of the Content grants us) a royalty-free, perpetual, irrevocable, totally sublicenseable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works from transmitting, distributing, performing, displaying, deleting (in whole or in part), and incorporating the Public Content for any purpose and without recognition. By posting or providing Public Content, you declare and warrant that our public posting and use of your Public Content will not infringe or violate the rights of any third party.
If you download, print or display any Developer Content for personal use, you must retain, and not cover or obscure, any and all copyright notices and other proprietary notices. You may not use meta tags or other “hidden text” that uses the name of Developers or trademarks or service marks without our express written consent. Any unauthorized use terminates the permission or license granted by the Developers.
By appropriate notice, Developers will remove Submissions that infringe the intellectual property rights of another and reserves the right to remove Submissions without notice. Developers assume no responsibility for monitoring the Site. In the event that you choose to do so at your discretion, Developers assume no responsibility for the Submissions, nor any obligation to remove any Inappropriate Submissions or any liability for the conduct of a User that sends Inappropriate Submissions.
In its sole discretion, Developers may remove any Submission and/or cancel a User for violating any of these Terms at any time without notice. Developers reserve the right, but not the obligation, to take any appropriate legal action for any unlawful or unauthorized use of the Site/Service or violation of the Terms and Conditions.
You are free to stop using our Service at any time by notifying email@example.com We will process the request and suspend your User. The subscription fee for the month in which the cancellation request is received will remain, no refund will be issued in the monthly charge.
We also reserve the right to suspend or terminate the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you are not complying with these Terms, or use the Service in a manner that causes us legal liability, discontinues the Service, or discontinues otherwise use of the Service.
We reserve the right to cancel and remove Trial Users if you have not accessed our Service for at least 3 consecutive months. Of course, we will provide you with a notice via the email address associated with your User before doing so.
16: Mobile use
The Services include interconnectivity between different devices via the internet, and also functions that allow you to access your User’s information from your mobile phone. Your mobile service provider may charge you for the mobile data you use when you use the Service. By using this Service, you agree that all charges from the mobile phone service provider remain with the owner of the User of the service provider of the service and the User and not with us.
17: Exemption, severability and allocation
The fact that Developers fail to enforce a provision is not a waiver of their right to do so later. If a provision is deemed unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term that reflects our intent as close as possible will be superseded.
You may not assign any of your rights under these Terms, and any such attempt will be void. Developers may assign their rights to any of their affiliates or subsidiaries or to any successor in the interest of any business associated with the Service to continue to provide services to you.
You represent that you are over 18 years of age, and that you are fully capable and competent to accept the terms, conditions, obligations, statements, representations and warranties set forth in these Terms and Conditions, and to comply with these Terms and Conditions.
19: Applicable law
These Terms shall be governed by and construed in accordance with the laws of Honduras without regard to the provisions of your choice of laws. The User hereby consents to the personal jurisdiction of the courts located in San Pedro Sula, Cortés, Honduras, Central America.