Terms of Use

Last updated: May 24, 2018

Acceptance of Terms of Use

Vito Technology, Inc. and its affiliates ("Vito Technology") provide its website(s) and the content, materials, products, Software (as specified below) and services offered on or through such website(s) (collectively, the "Services"), available for your use subject to the following terms and conditions. By accessing and using the Services you agree to be bound by these Terms of Use and all such terms shall be deemed accepted by you. If you do not agree to these Terms of Use, you should not use the Services.

Some Services may be subject to supplemental rules, policies, terms and conditions which are in addition to these Terms of Use. Additional terms will be disclosed to you in connection with such Services. Your use of such Services constitutes your binding acceptance of such Services. In case of discrepancy between the provisions of these Terms of Use and such additional terms, the latter shall prevail.

These Terms of Use may be revised by Vito Technology from time to time without notice to you. Such amended Terms of Use shall be effective upon revising the “Last updated” date above. Please check the Terms of Use regularly to ensure that you are aware of all terms governing your use of the Services.

If at any time these Terms of Use and/or additional terms are no longer acceptable to you, you should discontinue using the Services or its respective part.

Vito Technology reserves the right to make changes or updates with respect to the Services at any time without notice. Vito Technology reserves the right to terminate or restrict access to the Services for any reason whatsoever at its sole discretion.

Description of Services

The Services are for your personal, non-commercial use and are intended for informational and entertainment purposes only.

Software

Certain software, content, digital items of Vito Technology or its licensors made available for your use in connection with the Services (the "Software") is licensed to you. Subject to your compliance with these Terms of Use, Vito Technology grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use such Software for your personal, non-commercial use.

You may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, remove any proprietary notices, access and use the Software and Services in an unlawful manner, decompile, disassemble, create a derivative work or otherwise reverse engineer, transfer the Software and any Services, except as expressly authorized herein. Any such unauthorized use shall result in immediate and automatic termination of your license to use the Software and Services and may result in criminal and/or civil prosecution.

Accounts

Some Services permit or require you to register an account. You must provide and update accurate, current, truthful and complete information while creating and managing such account.

You are solely responsible for all activity in connection with your account and for taking reasonable steps to maintain the security of your username, password and device system.

If Vito Technology believes in its sole discretion that you violate these Terms of Use or you are engaged in any illegal or improper conduct, your access and use of the account and Services may be suspended and/or terminated without any liability to you.

Digital Items

Certain Services may provide you with the opportunity to license some digital (virtual) items, such as additional goods, services, levels, that can be used in connection with the Services. To obtain such items you may be required to pay a fee. Your purchase of such digital items constitutes payment for a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such items in connection with the Services. These items are not redeemable, refundable, transferable and cannot be traded outside the Services for money or other items of value. Vito Technology may manage, control, modify or discontinue digital items at any time at its sole discretion without any liability to you or anyone.

Return Policy

Vito Technology Software and digital items purchases are final and non-refundable. Please be sure you have successfully tested any evaluation version for your product, if provided by Vito Technology, before purchasing a license.

Intellectual Property

Vito Technology owns all content within the Services, including without limitation all copyright, trademarks, service marks, trade names, logos and other intellectual property rights. All rights in the Services not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Services except as expressly authorized herein. Vito Technology hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Vito Technology disclaims any proprietary interests in the intellectual property rights other than its own.

Feedback

You, at your option, may, from time to time, provide suggestions, comments or other feedback to Vito Technology with respect to the Services ("Feedback"). You hereby agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality or any other obligation for Vito Technology. Except as otherwise stated herein, Vito Technology shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you and any and all intellectual property rights arising out of, relating to, or in connection with Feedback shall be owned by Vito Technology.

Links to third parties

The Services may provide links to, be integrated into or be provided in connection with third party goods and services that are not under the control of Vito Technology. Vito Technology shall not be liable and responsible in any way for the content and services of such third parties. You are solely responsible for reviewing terms of use, privacy and other policies of such third parties.

Warranties disclaimers and limitation of liability

ALL SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VITO TECHNOLOGY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE SERVICES AND SOFTWARE. VITO TECHNOLOGY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED. VITO TECHNOLOGY DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES OR SOFTWARE IN A PARTICULAR COUNTRY AND/OR TIME. VITO TECHNOLOGY DOES NOT WARRANT THAT THE SERVICES, SOFTWARE OR ELECTRONIC COMMUNICATIONS SENT BY VITO TECHNOLOGY ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.

You expressly agree that the access and use of the Services ARE done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. No advice or information whether oral or written, obtained by you from Vito Technology or within the Services shall create any warranty not expressly stated in the terms of use.

IN NO EVENT SHALL VITO TECHNOLOGY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE SOFTWARE, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEVIED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, DEVICES, ANY SERVICES THAT ARE DELAYED OR INTERRUPTED, EVEN IF VITO TECHNOLOGY, ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST VITO TECHNOLOGY PERTAINING TO OR IN CONNECTION WITH THE SERVICES MUST BE COMMENCED AND NOTIFIED TO VITO TECHNOLOGY IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. IN NO EVENT SHALL VITO TECHNOLOGY’S OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’ OR AFFILIATES LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO VITO TECHNOLOGY FOR YOUR USE OF THE SERVICES. FURTHERMORE, BECAUSE SOME JURISDICTIONS DO NOT ALLOW OR LIMIT THE EXCLUSION OR LIMITATION OF LIABILITY AND IMPLIED WARRANTIES, THE FOREGOING LIMITATIONS MAY NOT APPLY IN SUCH JURISDICTIONS.

Restrictions

You may not use the Services for any purpose that is unlawful, prohibited by these Terms of Use, or in any way interferes or attempts to interfere with the proper provision of the Services. You may not use the Services in any manner that could damage, disable, overburden, tamper with or impair any Services or connected network, or that interferes with any person use and enjoyment of any Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Vito Technology to all users of the Services.

Indemnification

You hereby agree to indemnify and hold harmless Vito Technology, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, arising out of your breach of these Terms of Use, your use of the Services. Without limiting your indemnification obligations above, Vito Technology reserves the right, at its own expense, to assume the exclusive defense and control of any claim, action or other matter for which you are required to indemnify Vito Technology, and all negotiations for settlement or compromise thereof.

Applicable Law

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its principles of conflict of laws. You agree to the exclusive jurisdiction of the courts located in Alexandria, Virginia (USA) for any claim or cause of action arising out of, or relating to or in connection with these Terms of Use or the Services, provided that such exclusivity does not apply to legal actions initiated or brought by Vito Technology.

Contact information

You agree that all communications that Vito Technology provides to you electronically satisfy any legal requirement that such communications be in writing. You may submit questions regarding these Terms of Use at privacy@vitotechnology.com.