Terms And Conditions
Acceptance of Terms
The TOU may be updated by us from time to time with or without notice to you. You should review it periodically for changes on this page.
Unless explicitly stated otherwise, any new feature or enhancement or release of new properties to the Service, shall be subject to the TOU. Your use of a particular PhoyoSystem.com service may also be subject to guidelines and policies applicable to such service which may be posted and changed by PhoyoSystem.com from time to time. All such guidelines and policies are incorporated by reference into the TOU. In case of inconsistency between the TOU and any guidelines or policies, the TOU will prevail.
For Softwares Provisioning
This is a legal agreement between you and the Phoyo Software Developers covering your use of Phoyo softwares.
Phoyo softwares are provided as closed source (proprietary) softwares or open source softwares.
For closed source softwares, freewares and PRO versions may be proposed.
Freewares are for personal use (from home).
Companies and most state organizations must use the PRO versions.
Phoyo softwares are all free for educational use (schools, universities, museums, libraries, national park services) and for use in charity or humanitarian organizations.
If you intend to use closed source Phoyo softwares at your place of business or for commercial purposes, please register and purchase them.
Commercial users: please contact us by E-Mail for discounts and alternate payment methods.
If you buy a Phoyo software PRO version, we hereby grant to you a perpetual, worldwide, fully paid-up, non-exclusive license to install and use the Software one 1 machine (per license) solely for your internal business purposes.
Phoyo closed source softwares are protected by copyright laws. Therefore, you must treat them like any other copyrighted material.
You may not distribute, rent, sub-license the Phoyo closed source softwares, except as expressly permitted in the related License, without prior written consent from us. In case of an authorized transfer, the transferee must agree to be bound by the terms and conditions of this License Agreement.
You may not remove any proprietary notices, labels, trademarks on the closed source softwares. You may not modify, de-compile, disassemble or reverse engineer these softwares.
Limited warranty: Phoyo softwares are “as is” without any warranty as to their performance, merchantability or fitness for any particular purpose.
The licensee assumes the entire risk as to the quality and performance of the Software.
In no event shall Phoyo softwares copyright owners or anyone else who has been involved in their creation, development, production, or delivery, be liable for any direct, incidental or consequential damages, such as, but not limited to, loss of anticipated profits, benefits, use, or data resulting from the use of these softwares, or arising out of any breach of warranty.
For Custom Software Development
This Software Development Agreement states the terms and conditions that govern the contractual agreement between the Developer (us) and our clients.
The Client hereby engages the Developer and the Developer hereby agrees to be engaged by the Client to develop the Software in accordance with the specifications.
- The Developer shall complete the development of the Software according to the milestones described. In accordance with such milestones, the final product shall be delivered to the Client.
- For a period of 1 month after delivery of the final product, the Developer shall provide the Client attention to answer any questions or assist solving any problems with regard to the operation of the Software up to 10 hours free of charge.
- Except as expressly provided in this Software Development Agreement, the Client shall not be obligated under this Agreement to provide any other support or assistance to the Developer.
- The Client may terminate the Software Development Agreement at any time upon material breach of the terms herein and failure to cure such a breach within 1 month of notification of such a breach.
- The Developer shall provide to the Client after the Delivery Date, a cumulative 10 hours of training with respect to the operation of the Software if requested by the Client.
The Software shall function in accordance with the Specifications on or before the Delivery Date.
- If the Software as delivered does not conform with the Specifications, the Client shall within 7 days of the Delivery Date notify the Developer in writing of the ways in which it does not conform with the Specifications. The Developer agrees that upon receiving such notice, it shall make reasonable efforts to correct any non-conformity.
- The Client shall provide to the Developer written notice of its finding that the Software conforms to the Specifications within 7 days of the Delivery Date (the “Acceptance Date”) unless it finds that the Software does not conform to the Specifications as described in Section 2(A) herein.
In consideration for the Service, the Client shall pay the Company. Fees billed shall be due and payable upon the Developer providing the Client with an invoice.
INTELLECTUAL PROPERTY RIGHTS IN THE SOFTWARE.
The Parties acknowledge and agree that the Client will hold all intellectual property rights in the Software binaries including, but not limited to, copyright and trademark rights. The Developer agrees not to claim any such ownership at any time prior to or after the completion and delivery of the Software to the Client. The developer will retain all intellectual property rights over the software’s source code, including reused old project code and new code.
CHANGE IN SPECIFICATIONS.
The Client may request that reasonable changes be made to the Specifications and tasks associated with the implementation of the Specifications. If the Client requests such a change, the Developer will use its best efforts to implement the requested change at no additional expense to the Client and without delaying delivery of the Software. In the event that the proposed change will, in the sole discretion of the Developer, require a delay in the delivery of the Software or would result in additional expense to the Client, then the Client and the Developer shall confer and the Client may either withdraw the proposed change or require the Developer to deliver the Software with the proposed change and subject to the delay and/or additional expense. The Client agrees and acknowledges that the judgment as to if there will be any delay or additional expense shall be made solely by the Developer.
The Developer shall not disclose to any third party the business of the Client, details regarding the Software, including, without limitation any information regarding the Software’s code, the Specifications, or the Client’s business, make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Client, or use Confidential Information other than solely for the benefit of the Client.
The Developer represents and warrants to the Client the following:
- Development and delivery of the Software under this Agreement are not in violation of any other agreement that the Developer has with another party.
- The Software will not violate the intellectual property rights of any other party.
- For a period of 6 months after the Delivery Date, the Software shall operate according to the Specifications. If the Software malfunctions or in any way does not operate according to the Specifications within that time, then the Developer shall take any reasonably necessary steps to fix the issue and ensure the Software operates according to the Specifications.
The Developer agrees to indemnify, defend, and protect the Client from and against all lawsuits and costs of every kind pertaining to the software including reasonable legal fees due to the Developer’s infringement of the intellectual rights of any third party.
NO MODIFICATION UNLESS IN WRITING.
No modification of this Agreement shall be valid unless in writing and agreed upon by both Parties.
This Software Development Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of France and subject to the exclusive jurisdiction of the federal and state courts located in France.
For Equipment Sales
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate and complete.
You must be at least sixteen (16) years of age. If you are not of legal age in your country of residence, you must have your parent or legal guardian to complete the registration on your behalf.
If you provide any information that is untrue, inaccurate or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any future use of the Service (or any portion thereof).
PhoyoSystem.com ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account and of any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials in PhoyoSystem.com (“Content”) are the sole responsibility of the person from whom such Content originates. You are entirely responsible for all Content that you upload to, post in or transmit via the Service. We do not control the Content and do not guarantee the accuracy, integrity or quality of Content. You acknowledge that by using the Service, you may be exposed to Content that is incorrect or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, errors or omissions in Content, or for any loss or damage incurred as a result of the use of any Content.
You agree not to use the Service to:
- upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge or manipulate any identifiers in order to disguise the origin of Content posted in the Service;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or otherwise act in a manner that negatively affects other users’ ability to use the Service;
- violate any applicable law or regulation; or
- collect, process, combine or store personal data about other users or “stalk” or harass anyone.
You acknowledge that we have no obligation to monitor any Content. We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any Content that is available via the Service that may violate the TOU or is otherwise objectionable. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of any Content.
POSTING CONTENT IN PhoyoSystem.com
With respect to Content that you elect to post in the Service, you grant us a perpetual, world-wide, non-exclusive, royalty free license to publish, reproduce and modify such Content solely for the purpose of promoting sales of products in the Service.
You acknowledge that you are solely responsible for any personal data or information that you choose to disclose and make publicly accessible through the Service, and that under no circumstances will we be liable in any way for the disclosure and public accessibility of such personal data or information.
You acknowledge that any Content including personal data or information posted to the Service by you may remain publicly accessible for an indefinite period.
PRODUCTS AND DELIVERY
Shipping, delivery time and taxes related informations are available on each product page – additional information tab.We are doing our best efforts to make certain that the products purchased by you at PhoyoSystem.com are of good quality, meet the requirements of all relevant rules and regulations and are in all material respects in accordance with the displayed product description.
The products are delivered to the address mentioned by the customer when ordering. The shipping costs are chosen by the customer and included in the total amount to be paid. We invite you to check the conformity of the merchandise upon receipt. If the packaging appears to be damaged by the transport, the customer must refuse the package. If you choose to accept the product with a damaged packaging, you must:
- Unpack the package in the presence of the delivery person; and
- Make detailed handwritten reservations by having the delivery person sign them. The reservations made by the recipient on delivery is an evidence of the existence and the extent of the damage. Be sure to be accurate
- Notify us by e-mail. Our After-Sales Service will then tell you what to do in order to replace or refund the product. In any case, these precautions do not preclude the benefit of legal warranties and the exercise of the right of withdrawal. Nevertheless, to avoid any dispute about the condition of the product that you return to us in the exercise of your right of withdrawal, you must inform us of the anomaly detected.
- Warranty terms are product specific, and therefore will be provided with the relevant product.
RETURN POLICYAll products on PhoyoSystem.com have Returns & Refund guarantee. Any product bought through the site is concerned if you consider that the items you received are not as described.
The following situations are not included:
– An item you claim is not as described, but we can prove that it is.
– Items are as described, but you no longer want them
You can submit Return & Refund requests up to 15 days after your order has been completed.Shipping fees are not refundable and the customer is responsible for all the charges of returning and reshipping.All returned items must be their original conditions, including the packaging and the accessories. There must be no defects caused by the customer.
COMPLIANCE WITH LOCAL LAWS AND RULES
You agree to comply with all local laws and rules regarding online conduct and acceptable Content as well as with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell or resell any portion of the Service, or use of the Service.
MODIFICATIONS TO SERVICE
We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service may provide, or third parties may provide, links to other Internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any materials or services on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such materials or services available on or through any such site or resource.
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Content, in whole or in part. You agree not to access, or make an attempt to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED TERM OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
- WE MAKE NO WARRANTY OR REPRESENTATION THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
- DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PRODUCT DISPLAYED IN THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR PRODUCTS DISPLAYED OR SOLD THROUGH THE SERVICE.OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT PRODUCT AND SERVICES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, TO BE VALID ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE, ANY PRODUCTS DISPLAYED IN OR SOLD THROUGH THE SERVICE OR THE TOU MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGE. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTHING IN THE TOU SHALL AFFECT THE STATUTORY RIGHTS OF CONSUMERS.
You agree that we may terminate, in our sole discretion, your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOU. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account.Any account that has not been used for a certain period of time may be terminated and all contents therein permanently deleted in line with PhoyoSystem.com’s guidelines and policies. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
Notices to you may be made by either e-mail or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
PhoyoSystem.com logos, trademarks, service marks, product and service names are our trademarks. Without our prior permission, you agree not to display or use in any manner.
COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we expect our users to do the same. If you believe that any of your intellectual property rights have been infringed on the Service, please report the problem to us.
This TOU (including the practices and policies referred to herein) constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. Your use of the Service may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and us shall be governed by the laws of France. You agree to submit to the exclusive jurisdiction of the French courts. Any failure by us to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect.Neither you nor we may assign or transfer any rights or obligations under the TOU without the prior written consent of the other party, except that we shall be entitled to assign or transfer any or all of our rights and obligations (without your prior consent) to any of our affiliated companies. You agree that your PhoyoSystem.com account is personal and non-transferable.The section titles in this TOU are for convenience only.
Please report any violations of the TOU to us.