Terms of Service &
Customer Agreement

Sections

Customer Agreement

Moverse P.C. Customer & Software Usage Terms

1. Parties

This Agreement is entered into today by and between me and/or my company (“Client”) and Moverse PC, a company incorporated and operating under the laws of Greece, with its registered seat at 47 Steliou Kazantzidi street, in Thessaloniki, Greece ("Provider”).

2. Definitions

“Confidential Information”refers to any non-public information which was disclosed by one party to the other in relation to this Agreement and which was designated as confidential or should reasonably be understood as being confidential.

"Data"refers to any data inputted by the Client to use the Software or facilitate the Client’s use of the Software.

“Data Protection Legislation”refers to the General Data Protection Regulation (GDPR) (EU) 2016/679, Greek Law 4624/2019 as applicable each time, and any other national implementing laws, regulations, and secondary legislation.

“Intellectual Property”refers to any patents, copyrights, trademarks, trade secrets, or any other intellectual property right.

“Personal Data”refers to any information relating to an identified or identifiable natural person collected and/or processed by either party in the context of this Agreement and in connection with the Software.

"Software"refers to motion capture software, i.e. the specific software that enables the capture and recording of motion data, and the online tools and services accessed through an organization account, developed and/or provided by the Provider.

3. License

Provider hereby grants to Client a non-exclusive, non-transferable license to use the Software as per the terms and conditions of this Agreement.

4. Software Permitted Use and Restrictions

4.1 Client shall use the Software solely for purposes relating to its internal business.

4.2 Client shall not:

reproduce, modify, distribute, or create derivative works of the Software;
reverse engineer, decompile or disassemble the Software;
rent, lease, lend, sell, sublicense, or transfer the Software to another party;
use the Software for any purposes other than the ones allowed under clause 4.1;
use the Software for any unlawful purposes.

5. Fees and Payment

5.1 Client agrees to pay Provider the license fee.

6. Term and Termination

6.1 This Agreement commences today, and will continue to be effective until it is terminated by either party.

6.2 This Agreement may be terminated by either party after a 60-day written notice to the other party, provided that the other party has breached a material term or condition of this Agreement and fails to cure said breach within 30 days of the written notice.

7. Intellectual Property

7.1 Provider retains all rights, title, and interest in and to the Software, including any intellectual property rights.

7.2 Provider retains all rights, title, and interest in and to any Intellectual Property, provided as part of granting Client use of the Software and facilitating the use of the Software by the latter pursuant to the terms and conditions of this Agreement.

7.3 Client may provide feedback regarding the Software and Provider may use such feedback for any purpose without any obligation to the Client.

8. Confidentiality

8.1 Each party agrees to retain in confidence all information disclosed by the other party that is designated as Confidential Information.

8.2 The obligation of confidentiality imposed pursuant to Clause 8.1 shall not apply to information that is publicly available.

9. Data Processing and Protection

9.1 In compliance with the Data Protection Legislation, both parties shall ensure the protection of any Personal Data collected and/ or processed in connection with the Software and this Agreement.

9.2 The processing of Personal Data referred to in Clause 9.1 is only allowed if necessary for the performance of this Agreement, for the granting and/ or facilitating the use of the Software by the Provider to the Client, as well as for the use of the Software by the Client.

9.3 Both parties shall ensure that any person acting under their authority who has access to Personal Data does not process it except in the way instructed by the party.

9.4 Both parties shall implement appropriate technical and organizational measures to ensure the security of the Personal Data.

10. Warranty and Disclaimer

10.1 Provider warrants that the Software will perform substantially in accordance with the documentation.

10.2 Except as expressly provided in this Agreement, the Software is provided “as is”.

11. Limitation of Liability

Under no circumstances shall the Provider be liable for any indirect, incidental, or consequential damages, or any loss of revenue or profits.

12. General Provisions

12.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.

12.2 The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof, which shall remain in full force and effect.

12.3 No amendment, termination, or attempted waiver of this Agreement, or any provision thereof, shall be valid unless in writing and signed by both parties.

12.4 If any of the parties fails or delays to enforce or exercise a right, power, or privilege provided pursuant to this Agreement, it shall not be determined as a waiver or limitation of such right.

13. Governing Law and Jurisdiction

13.1 This Agreement shall be governed by construed and interpreted in accordance with the laws of Greece.

13.2 Any disputes or claims arising out of or in connection with this Agreement shall be exclusively resolved by the Courts of Thessaloniki, Greece.

Terms of Service & Customer Agreement