Toadi End User License Agreement
This version is current as of 2022-02-18
YOU MAY NOT USE SOFTWARE OF THE TOADI ORDER UNLESS YOU AGREE TO THESE PROVISIONS.
BY USING THIS SOFTWARE, YOU AGREE TO ALL OF THESE PROVISIONS.
The Toadi robot hardware is sold to you by The Toadi Order BV. The Toadi robot software running on the robot platform and the mobile application of Toadi running on your smartphone are licensed to you by The Toadi Order BV. In this agreement we refer to the Product, which means the combination of the Toadi robot hardware, the Toadi robot software and the mobile application of Toadi. The Website refers to www.eeve.com.
Your use of this Product is subject to your prior acceptance of this End User License Agreement (“EULA”) with The Toadi Order BV. If you do not agree to abide by these terms, please do not install or use the Product. It is still possible to get a refund for your purchase in case you return the Toadi robot hardware in perfect, unused condition within 14 days after delivery to The Toadi Order BV. The Toadi Order BV reserves all rights on the Product not expressly granted to you under this EULA.
The Toadi Order BV reserves the right to add, change or remove any part of these terms at any time without notice. Any changes in these terms will be prospective, unless retroactive effect is required by applicable laws. By continuing to use the Product, you are indicating your acceptance of any changes to these terms.
Scope of License
This Product may include third party or open-sourced components (“Other Components”) which may be subject to separate licensing terms, and this EULA does not govern such Other Components. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Product. You may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Product, any updates, or any part thereof.
The terms of this license will govern any upgrades that may be provided by The Toadi Order BV at its sole discretion, that replace and/or supplement the original Product unless such upgrade is accompanied by a separate license.
Agreement to follow the safety guidelines.
You confirm that you have received the instruction manual, including the Toadi robot safety guidelines, via e-mail, in the Toadi mobile app activation mail. You agree to follow these safety guidelines during installation and use of the Product continuously and wave the right to claim compensations for any problem or consequence caused by the Product in case you did not follow the safety guidelines.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL The Toadi Order BV OR ITS AFFILIATES BE LIABLE FOR PERSONAL INJURY OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE PRODUCT, OR FROM ANY RELIANCE YOU MAY HAVE RELATED TO THE USE OF THE PRODUCT IN CASE YOU DID NOT FOLLOW THE SAFETY GUIDELINES.
No liability for Damages
In no event shall the author of this software be liable for any special, consequential, incidental or indirect damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software of the possibility of such damages and known defects.
REGISTRATION, ACCOUNT AND PASSWORD
The details you give us as part of the registration must be correct. You can change your registration details if they become out of date. If you deliberately tell us something that you know isn't true, we may terminate or suspend your account.
You might need to register with us to access all of the parts of our Product. The username and password that you create and the activities occurring on your account are your responsibility, so please protect them and remember that our staff will never ask you to give out your password. You should change your password if you think someone whom you did not authorize knows what it is. Please note that we are not responsible if someone uses your password to do something with your Product that you don't like or that causes you harm.
Consent to Use of Data
You agree that The Toadi Order BV may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Product. The Toadi Order BV may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
This license is effective until terminated by you or The Toadi Order BV. Your rights under this license will terminate automatically without notice from The Toadi Order BV if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Product and destroy all copies, full or partial, of the Product. Upon such termination, The Toadi Order BV may restrict or terminate your use of the Product without notice at any time without liability.
We might make upgrades, updates or patches (we call them all "updates") available from time to time, but we don't have to. We are also not obliged to provide ongoing support or maintenance of any Game. Of course, we hope to continue to release new updates for our Game, we just can't guarantee that we will do so. With updates come changes that might not work well with other software, such as Mods. This is unfortunate, but it is something we donâ€™t take responsibility for. If that is the case, try running an older version.
This Product may enable access to The Toadi Order BV’ and/or third-party services and websites (collectively and individually, "External Services"). Use of the External Services requires Internet access and use of certain External Services may require you to accept additional terms. You agree to use the External Services at your sole risk and that The Toadi Order BV and its affiliates shall have no liability to you for content that may be found to be offensive, indecent, objectionable, inaccurate, not complete, or outdated. To the extent you choose to use or access such External Services and related third party materials, you do so at your own initiative and are responsible for compliance with any applicable third party terms of agreements and any applicable laws, including but not limited to intellectual property law, export control law, and any applicable local laws. The Toadi Order BV and its affiliates are not responsible for any unauthorized or illegal use by you of any such External Services.
By using the External Services, you acknowledge and agree that The Toadi Order BV is not responsible for content, security, privacy practices, or any other aspects of such External Services. The Toadi Order BV does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for such External Services or any third party materials, which are provided solely as a convenience to you. The Toadi Order BV reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will The Toadi Order BV or its affiliates be liable for the removal of or disabling of access to any such External Services.
Intellectual Property/ Use Restrictions
Product names, trade and company names, trade and service marks, logos, and taglines (collectively "Trademarks") displayed in the Product if any, whether marked or unmarked, might be registered or unregistered Trademarks of The Toadi Order BV and its affiliates, or a third party. Nothing herein shall be construed as granting a license or right to use any Trademarks without separate written permission, except for any specific use permitted under trademark law or other laws. You are therefore required to contact the right holder to obtain permission before making use of Trademarks.
Limitations on Reverse Engineering, Decompilation, Disassembly and change (add, delete, or modify) the resources in the compiled the assembly. You may not reverse engineer, decompile or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
The Author of this Software expressly disclaims any warranty for the Software Product. The Software Product and any related documentation is provided “as is” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the Software Product remains with you.
FORUM AND COMMUNICATIONS.
If we are running a forum, we are just allowing members of our community to put their thoughts on our Website. It doesn't mean that we represent or agree with those thoughts, and we can't be held responsible for what people post on our Website.
If we happen to see a post that we think is offensive, we might take it down, but it's not our job to screen or moderate the posts people make. What we say about forums and posts also applies to anything which enables people to put any other content, views or material on our Website or send it to others using the Website.
If you are going to put something up on our Website, it must not be offensive to people or illegal, it must be honest and it must be your own creation. Some examples of the types of things you must not put on our Website include: posts that include racist or homophobic language; posts that are bullying; posts that are offensive or that damage our or another person's reputation; posts that include porn, advertising or someone else's creation or image; posts that impersonate a moderator or try to trick or exploit people; or posts that infringe anyone else’s intellectual property or other rights.
If you put something that you don't have the right to put on our Website, you could get into a lot of trouble, so please don't do it.
By posting any content on our Website, you give us permission to use, copy, modify, adapt, distribute and publicly display that content as part of our Websites and games. This permission is perpetual, worldwide and irrevocable. You also agree to let us permit others to use, copy, modify, adapt, distribute and publicly display your content. You are not giving up your ownership rights in your content, you are just giving us and other users permission to use it. For example, we may need to copy, reformat and distribute content that you post on our website so others can read it. If you don't want to give us this permission, then please do not post any content on our Website. Please think carefully before you post any content, because it will be made public and might even be used by other people in a way you don't like.
We reserve the right to take down any content in our discretion.
Please watch out if you are talking to people on or through our Website. It is hard for either you or us to know for sure that what people say is true, or even if people are really who they say they are. You should always think twice about giving out information about yourself.
The laws of Belgium, excluding its conflicts of law rules, govern this license and your use of the Product. Your use of the Product may also be subject to other local, state, national, or international laws. You agree that you may only use the Product under the terms and conditions of the EULA solely in the geographic region(s) or jurisdiction for which The Toadi Order BV has designated the Product for. You agree not to use the Product, alone or in combination with any External Services, to engage in any kind of illegal activity, or to enable others to do so, and you are solely responsible for compliance with all these applicable laws.
Waiver and Severability.
Failure by The Toadi Order BV to enforce any part of these Terms will not constitute a waiver of such provisions. If any provision of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid provision and the remaining provisions shall be enforced.
Should you have any questions concerning this Product, or if you desire to contact the developer of the Product or The Toadi Order BV for any reason (including any requests for providing open-sourced components per any required offer under such component’s applicable licensing terms), please contact:
The Toadi Order BV
Eugène Bekaertlaan 61
B-8790 Waregem, Belgium