Terms of Use

Legal agrement

These terms of use ("Terms") govern your acquisition and use of our Aronium software ("Software") directly from FUSIONPOS ("Company").

These Terms also govern your acquisition and use of additional Software modules and plugins offered by the Company. Modules and plugins are software extensions that provide additional functionality to the Software. Modules and plugins provided by the Company are part of the Software and are also referred to as the "Software".

If you register for a free trial of the Software, these Terms will also govern that trial. By clicking "Accept" or using the Software, you acknowledge that you have read and understood these Terms, and are deemed to have agreed to these Terms on behalf of any person or entity for whom you are using the Software.

These Terms shall apply only to the Software supplied by the Company herewith regardless of whether other software is referred to or described herein. The terms also apply to any Company updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

If you do not agree to any part of these Terms, then you should not use the Software.

We may change these Terms from time to time, and will endeavour to notify you of such changes via email or by displaying a message when you next use the Software. If you continue to use the Software, your use will be governed by the updated Terms. We strongly recommend that you frequently check for updates of these Terms to ensure proper understanding of service.

These Terms were last updated on 10 October 2020.

Definitions

  • "We" or "Company" means "Agencija FusionPos"
  • "Software" means any software application and/or all of the contents of the files and/or other media, including software setup files, licensed to You by Company, including any Updates
  • "Trial" means the license for the Software for the term of 30 days to Use the Software for the sole purpose of testing and evaluating the Software
  • "Fees" means the fee charged to Customer by Company for each License
  • "License" is an unique file provided by Company, which enables You to activate the Trial by obtaining the file thru Software and to subsequently use the Software during the applicable license term
  • "Customer" means the person or entity who is using the Software. If an individual uses the Software on behalf of their employer, then the employer will be deemed to be the Customer, and will be bound by these Terms
  • "You" means the Customer and (where the context permits) includes any authorised users
  • "Updates" are any modified versions and updates of, and additions to the Software
  • "Use" means the access, download, install, copy or get benefit from using the Software

Licensing of Use

Company hereby grants you a personal, non-transferable, non-exclusive licence to use the Software on your devices in accordance with these Terms.

You are permitted to load the Software (for example a PC, laptop or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Software.

Restrictions of Use

You are not permitted to:

  • Edit, alter, modify, adapt or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Trial version on any system where the Trial version was previously Used and expired
  • Use the Software for any purpose that the Company considers is a breach of these Terms

Termination of Use 

These Terms are effective from the date you first use the Software and shall continue until you cease all use of the Software.

It will also terminate immediately if you fail to comply with these Terms. Upon such termination, the licenses granted by these Terms will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of these Terms.

If you decide to terminate your use of Software before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be entitled to any refund of Fees paid in advance (unless we agree otherwise).

Disclaimer

YOU UNDERSTAND AND AGREE THAT BY USING THE SOFTWARE, YOU ALONE ARE RESPONSIBLE AND SHALL NOT HOLD THE COMPANY LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING (WITHOUT LIMITATION) LOSS OF REPUTATION, USE OF PERSONAL DATA OR OTHER INTANGIBLES ON THE BASIS OF THE AGREEMENT, OFFENSES, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE (WITHOUT LIMITATION), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SOFTWARE; (II) SPENDING ON GOODS, THEIR REPLACEMENT AND/OR OTHER AS A RESULT OF DATA, INFORMATION, COMMUNICATIONS RECEIVED FROM THE COMPANY AND/OR OTHERWISE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMMUNICATIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY USING SOFTWARE; OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE SOFTWARE.

In any case, the Company's maximum aggregate liability under or in connection with these Terms or your use of the Software is limited to the amount of Fees paid by you in the past 12 months.

Disclaimers of Warranties

THE USE OF THE SOFTWARE IS CARRIED OUT AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE". THE USE OF THE SOFTWARE DOES NOT PROVIDE ANY WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED NON-INFRINGEMENT WARRANTIES. THE USE OF THE SOFTWARE DOES NOT PROVIDE ANY WARRANTIES THAT (I) SOFTWARE WILL MEET ALL YOUR REQUIREMENTS, (II), SOFTWARE WILL WORK IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE FASHION, (III) THE RESULTS THAT MAY BE OBTAINED FROM USING THE SOFTWARE, WILL BE ACCURATE OR RELIABLE.

WE MAKE NO REPRESENTATION OR WARRANTY REGARDING YOUR ABILITY TO COMPLY WITH LAWS APPLICABLE TO YOU WHEN YOU USE THE SOFTWARE.

From time to time, we may add, make changes to or remove altogether features or functionality of the Software. If you're using the Software, you may need to install a new or updated version before you can receive the benefit of those changes. We may also decide to cease providing all or some parts of the Software at any time, and nothing in these Terms is to be taken as a guarantee that the any part of the Software will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the Software or any version of it.

You are responsible for your use of the Software and you indemnify us

You are responsible for all activity that results from use of the Software. You are responsible for maintaining the security of your account and password. Company will not be liable for any loss or damage that may result from any failure to keep credentials and/or data secure.

You indemnify the Company against all forms of liability, actions, proceedings, demands, costs, charges and expenses which Company may incur or suffer as a result of use of the Software through your account or as a result of your failure to comply with these Terms.

No malicious or illegal use

You must not: (a) use the Software in any unlawful manner (or if use of the Software would cause you to breach any law or regulation applicable to you), for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the Software; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Software; (d) use the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the Software or our systems or attempt to decipher any transmissions to or from the servers running any part of the Software; (f) disclose or distribute information relating to another User of the Software to any third party, or use any other User's information for any marketing purposes unless you have that User's express permission to do so; or (g) access or register accounts via bots or other automated methods.

Incompatibility of the Software with other programs

Because of the multitude of existing programs there may be incompatibility between the Software and some other programs already installed on your computer. The Company will do everything possible to ensure correct operation when a mismatch is identified, but does not guarantee that a solution can be found.

Copyright Infringement

The Company shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of the Company.

The Company reserves the right to grant licences to use the Software to third parties.

Reversal of Payments 

The Company does not perform reverse payment for cessation of use or withdrawal for any reason, regardless of acquired recurrence, monthly, semi-annual or annual. We will offer 30 days of free trial of the Software or different parts of the Software and we always suggest that the customer use these days to make sure that the program meets their needs before purchasing a subscription to any part of the Software. The Company will perform chargeback only in cases of error or recovery where the Company may have inadvertently generated duplicate payments.

Data deletion

The data submitted by you to the Company will be deleted upon your explicit request only. The Company may not be able to delete your data if applicable laws or regulations require the Company to retain the data for a longer period. In case your data is to be retained, it will be held for a period required by the applicable law. To the extent that we continue to hold the data, it shall be securely isolated and protected from further processing except to the extent required by applicable law.

Governing Law

These Terms and any dispute arising out of or in connection with these Terms, shall be governed by and construed in accordance with the laws of the Republic of Serbia.