Terms of Service (“Terms” / “EULA”)
Version: April 01, 2018
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the www.noggle.online website and the Noggle Client application (the “Service”) operated by Noggle AG (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Desktop Client End-User License Agreement:
You are licensed to use the Noggle client application services on the following terms and conditions: The licensee is defined as the individual or company utilizing the Noggle services. Noggle AG hereby grants the licensee a nonexclusive license authorizing the licensee to use the enclosed Noggle services via the Noggle Desktop application.
You may not distribute, rent, sub-license or otherwise make available to others the software or documentation or copies thereof, except as expressly permitted in this License without prior written consent from Noggle AG. You may not share your account data and authorization keys for the Noggle services with other people. In the case of an authorized transfer, the transferee must agree to be bound by the terms and conditions of this License Agreement.
You may use this application and the related services in your business as long as: You may not remove any proprietary notices, labels, trademarks on the software or documentation. You may not modify, de-compile, disassemble, reverse engineer or translate the software. You are compliant with our service license plans (LINK).
You may terminate your License and this Agreement at anytime by destroying all copies of the Product and Product Documentation. They will also terminate automatically if you fail to comply with any term or condition in this Agreement.
The Noggle desktop application is used “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 and services. In no event shall the Noggle AG or anyone else who has been involved in the creation, development, production, or delivery of this software 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 this software, or arising out of any breach of warranty. International laws apply to the EULA.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
The Service and its original content, features and functionality are and will remain the exclusive property of Noggle AG and its licensors. The Service is protected by copyright, trademark, and other laws of both the Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Noggle AG.
Liability for Links To Other Web Sites, Content and public KnowledgeMaps
The contents of our pages and access to managed libraries have been compiled with the greatest care. However, we cannot guarantee for accuracy, completeness or topicality of the contents.
As service providers, we are liable for own contents of these websites according to Sec. 7, paragraph 1 TMG (German Tele Media Act). However, according to Sec. 8 to 10 TMG, service providers are not obligated to permanently monitor submitted or stored information (e.g. in public posted KnowledgeMaps) or to search for evidences that indicate illegal activities. We will remove the content or public posted KnowledgeMaps concerned immediately as soon as we become aware of corresponding violations of the law.
Our Service (e.g. website, managed libraries, public available KnowledgeMaps) may contain links to third-party web sites or services that are not owned or controlled by Noggle AG.
Noggle AG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites, managed libraries or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you use or visit.
Therefore, we cannot accept any liability for this third-party content. The relevant provider or operator of the pages remains responsible for the content of linked pages at all times. The linked pages were checked at the time the link was created for potential statutory violations. No illegal content could be identified at the time of generating the link or public KnowledgeMap. However, it is not reasonable to expect the content of the linked pages to be inspected on an ongoing basis without specific indicators of a violation of the law. We will remove relevant links and public posted KnowledgeMaps immediately as soon as we become aware of violations of the law.
You further acknowledge and agree that Noggle AG 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 content, goods, managed libraries search results or services available on or through any such web sites or services.
Access to managed libraries have been compiled with the greatest care. However, we cannot guarantee for accuracy, completeness or topicality of the search result contents. The search results of managed libraries are mainly based on the usage of external available third party APIs. Therefore, we cannot accept any liability for content within managed libraries. We only integrate external APIs for managed library search which are in alignment with respective usage rights. We don’t host the content of managed libraries centrally and don’t add technical or commercial restrictions to accessing the external content. We always attribute the source provider when using a managed library and include a link to the original content on the original source website. Nevertheless, if you should notice an infringement of license usage for managed libraries or external API integration, please notify us accordingly. We will remove relevant access or managed libraries and the respective third-party API usage immediately as soon as we become aware of violations of the law.
The relevant provider or operator of the library remains responsible for the content at all times. The third-party content is specifically indicated as such via the “information” icon on each managed library entry in the Noggle client.
Cognitive PhotoIntelligence Services
Customer is solely responsible for the processed files in the Noggle PhotoIntelligence cognitive services.
Noggle may process image data solely to: (i) provide cognitive services to customer; and (ii) improve Noggle products and services. Solely for such processing, Noggle may collect, retain, use, reproduce, and create derivative works of, cognitive services data and customer grants Noggle a limited nonexclusive irrevocable worldwide license to do so.
Customer will secure and maintain all rights necessary for Noggle to process image data as described in this paragraph without violating the rights of any third party or otherwise obligating Noggle to customer or to any third party. Where processed cognitive image data includes Personal Data, Customer will obtain sufficient consent for such processing by Noggle from the data subjects (or from their parents or guardians as required by applicable law).
As between the parties, Customer retains all right, title and interest in and to cognitive services data. Noggle acquires no rights in cognitive services data, other than the rights Customer grants to Noggle in this Use of cognitive PhotoIntelligence services section.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Limitation Of Liability
In no event shall Noggle AG, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Noggle AG its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these terms or if you want to notify us of a claim relating to intellectual property rights and content on the Noggle service, please contact us at: NoggleAdmin