Below you find the Facebook Messenger User Terms
This is a legal agreement between you and inet-logistics GmbH (subsequently referred to as “inet“), Färbergasse 17, A-6850 Dornbirn, stating the terms that govern your use of the inet mobile app (referred to in this Agreement as the "Licensed Application"). This Agreement will be concluded with the use of the Licensed Application. The general terms and conditions of inet: https://www.alpegagroup.com/fileadmin/inet_GTC/GTC_ENG__Austria.pdf and inet data privacy policy: https://www.alpegagroup.com/us/privacy-policy/, which are currently in force, are applicable upon this Agreement and you explicitly agree to be bound by these general terms and conditions and data privacy policy. As part of the inet general terms and conditions, this Agreement is subject to occasional amendment, in accordance with the amendment terms of the general terms and conditions. inet is allowed to change, modify or actualize this contract and/or the Licensed Application, including all its functions, at all times. If you use the Licensed Application after an upgrade of the Licensed Application or one or more modifications of the current Agreement, you approve the modifications and its validity implied. In case of modifications inet will inform you about these modifications via notification at the point of login.
Please send requests to inet per email to support.service@alpegagroup.com. All contact information is listed on https://www.alpegagroup.com/us/imprint/.
a. Scope of License: All rights of this software are exclusively reserved for inet and its licensees. This Licensed Application is protected by copyright and international treaties about the protection of intellectual property. The usage of the Licensed Application is solely reserved for existing TMS-customers and their first-hand clients (subsequently referred to as customer). Solely the user, who already is at that particular time a customer (in the above mentioned sense) of inet, is granted by inet the non-exclusive right/license to use the Licensed Application as object code as stated in this Agreement until revocation. This license does not allow you, as user, to use the Licensed Application on any mobile device that you do not own or control. Further, the Facebook Terms of Service apply, as amended, currently located at www.facebook.com/terms.php. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not sell, rent, lease, lend, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as expressly permitted by this license and the Usage Rules). Any attempt to do so is a violation of the rights of inet.
b. Restrictions on use of this Application: As a condition of using this Licensed Application you agree that the following actions are interdicted:
1. compile any derived features of the Licensed Application or of its content or other material within the Licensed Application, including without limitation the name or the logo or different trademarks of inet, its parent or affiliated companies, except solely to use the Licensed Application complying with its instructions;
2. access or use the Licensed Application in any way that could or is intended to damage or impair the operation of this Licensed Application, or any content of or material displayed in this Licensed Application, or any server or network underlying this Licensed Application, or interferes with anyone else’s use and enjoyment of this Licensed Application;
3. access or attempt to access any data, information, system, or servers on which this Licensed Application is hosted except to the extent we make such information available to you through the Licensed Application or modify or alter this Licensed Application in any way; or
4. use the Licensed Application for any unlawful purpose or otherwise than for your own business purposes, or in violation of any third party rights.
c. Updates, malfunctions, loss and unauthorized use of data: The user acquires the right of use – as outlined in chapter a. and b. – on the Licensed Application as it is, in its current programming. The user is not entitled to any updates. The licenser is not responsible for any system failures and/or the loss of data. Uploading information to your mobile device, associated to this Licensed Application, is at your own risk. inet is not responsible for any unauthorized access, respectively unauthorized use of personal or other information situated temporary or permanent on your mobile device. All information uploaded through the Licensed Application is stored on your mobile device. You are solely responsible for the protection and safety of your mobile device.
d. Passwords: The licensee utilizes the Licensed Application solely at his own risk. inet assumes no responsibility or liability regarding the loss of a user-password or inadequacy and loss of secrets, which were encrypted due to the loss of the user-password by the Licensed Application. The licensee is solely responsible for the maintenance of his user passwords.
e. Consent to use of data: You agree that inet 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 Licensed Application. inet may use this information to improve its products or to provide services or technologies to you.
f. Termination: inet reserves the right to discontinue the Licensed Application without notice. This license will remain in effect until terminated by you or inet. inet may terminate the terms of this Agreement immediately upon your breach of any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
g. Costs: inet offers the Licensed Application for free. However, due to data transfers (roaming), as well as other fees and expenditures it is possible that in coherence with the utilization of the Licensed Application costs can occur. These costs, fees and other expenditures are to be borne by the user.
h. Warranty: The user has no claim on performance or speed of the Licensed Application or its usability for a specific cause. The licenser cannot warrant the absence of errors as well as the accurate and failure-free procedure. You acknowledge that inet has no obligation whatsoever to provide any maintenance or support services with respect to the Licensed Application. You expressly acknowledge and agree that use of the Licensed Application is at your sole risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Licensed Application is provided in the current form (“as is”) and “as available”, with all faults and without warranty of any kind, and inet hereby disclaims all warranties and conditions with respect to the Licensed Application, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. inet does not warrant against interference with your enjoyment of the Licensed Application that the functions contained in, or services performed or provided by, the Licensed Application will meet your requirements, that the operation of the Licensed Application will be uninterrupted up-to-date, or error-free, or that defects in the Licensed Application will be corrected.
The utilization of the Licensed Application is at your own risk, and you are solely responsible for any damage to your mobile device and/or any data loss that may result from your use of the Licensed Application, including without limitation, damage resulting from computer viruses.
i. Liability: Due to the gratuitous provision of the Licensed Application, the liability of inet for physical and/or intangible damages is - to the extent not prohibited by law - fully excluded under this Agreement. inet shall not be liable for any damages, loss of profits, loss of goodwill, indirect and/or direct damages as well as incidental or consequential damages. inet can be solely held responsible for intentional damages. Connected with damages caused by gross negligence, inet is only liable so far they cannot be completely excluded by law, because of the objective gratuity. Under no circumstances inet is liable for ordinary negligence. In connection with deficiency in title, inet is only liable if inet conceals it malevolent. An exceeding liability is precluded. Therefore inet is by no means liability for: (1) any damage to, or viruses that may infect, your equipment or other property, damages for (2) loss of profits, (3) loss of revenue, (4) loss or corruption of data or systems, (5) loss of opportunity, (6) business interruption, (7) anticipated savings, (8) wasted management or operational time, (9) breach of confidentiality, or (10) third party claims, arising out of or related to your use of or inability to use the Licensed Application, however caused, regardless of the theory of liability (contract, tort, statute or otherwise) and even if inet has been advised of the possibility of such losses or damages. To the extent of legal admissibility, no other party that is involved in the design, production or delivery of the Licensed Application is liable for personal injury or material damage, direct or indirect, consequential or incidental damages arising from the access or use of the Licensed Application.
j. No assignment: This particular Agreement (and all rights and obligations hereunder) is not allowed to be transferred, assigned or otherwise transferred to any third party without the prior written consent of inet. Any attempt of assignment, transfer, delegation or conveyance in violation of the above mentioned conditions is ineffective. This is also legally binding for the successor.
k. Indemnification: You agree to indemnify and hold harmless inet, its parent and affiliated companies, their advertising and promotion agencies, service providers, and all of their respective officers, directors, employees and agents from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to your use of the Licensed Application in violation of this Agreement and/or arising from your breach of this Agreement and/or any breach of your representations, warranties, and obligations set forth herein.
l. Export Control Laws: You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Licensed Application. You agree that you will not export or re-export the Licensed Application in any form or to any recipient whether inside or outside the United States in violation of applicable United States and foreign law.
m. Embargo and terrorism: By useing the Licensed Application, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
n. Responsibility: In the event of any third party claims that the Licensed Application or your possession and use of the Licensed Application infringes that third party’s intellectual property rights, inet will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
o. Availability/Interruption: The Licensed Application is available through your mobile device when it is within the operating range of a wireless carrier. The Licensed Application is subject to transmission limitation or interruption. inet does not guarantee that the Licensed Application (or any portion thereof) will be available at all times and/or in all areas. You acknowledge and agree that inet is not responsible for performance degradation, interruption or delays due to the Equipment. You acknowledge that inet shall not be liable to you if the Licensed Application in a given location is not available. If the Application is not available within your intended location or at any time for any other reason whatsoever, you agree that your sole remedy shall be to terminate this Agreement.
p. The Licensed Application is void where prohibited by law. The failure to enforce any term of this Agreement on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. In case of any deviations and inconsistences between the general terms and conditions of inet and the inet data privacy policy respectively with this Agreement, this Agreement shall prevail.
q. Final provisions: This Agreement is exclusively subject to Austrian law under exclusion of the UN convention on contracts for the International Sale of Goods (CISG), and the international conflicting rules. All litigations arising from or in relation to this Agreement, including a dispute regarding the conclusion of the Agreement, its validity, dissolution or voidness, are subject to the exclusive jurisdiction of the competent court of 6800 Feldkirch (Austria). If any individual or several provisions of this Agreement shall be or become deemed unlawful, void or for any reason unenforceable, in whole or in part, or should there be found any unintended omissions in regulation, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. In the place of the invalid provision or in order to tighten the loophole, both contracting parties are obliged to agree on a valid regulation which as closely as possible reflects the intended content of the Agreement.
Status: August 2019
