Terms of Service

1. ACCEPTANCE OF TERMS

EFOS d.o.o. welcomes you. EFOS d.o.o. provides the Trapview Services (defined below) to you subject to the following Terms of Service (‘TOS’), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: https://app.efos.si/trapview_help/html/terms_of_use.html

By accessing and using the Trapview Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular EFOS d.o.o. owned or operated services, you and EFOS d.o.o. shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. EFOS d.o.o. may also offer other services that are governed by different Terms of Service.

2. RIGHT OF MODIFICATION

We reserve the right to change or modify the Terms of Service at our sole discretion at any time. Any change or modification to the Terms of Service will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Sites after publication of such modifications, with or without notification, constitutes binding acceptance of these modified Terms of Service.

3. DESCRIPTION OF TRAPVIEW SERVICES

EFOS d.o.o. provides users with access to a rich collection of resources (tools, content, statistics and other information) related to automated crop and pest monitoring (the ‘Trapview Services’). You also understand and agree that the Trapview Services may include certain communications from EFOS d.o.o., such as service announcements, administrative messages and the Trapview Newsletter, and that these communications are considered part of Trapview membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Trapview Services, including the release of new Trapview properties, shall be subject to the TOS. You understand and agree that the Trapview Services is provided ‘AS-IS’ and that EFOS d.o.o. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Trapview Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of information. In addition, you must provide and are responsible for all equipment necessary to access the Trapview Services.

You understand that the technical processing and transmission of the Trapview Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. SERVICE IMPLEMENTATION AND PAYMENT TERMS

  1. You agree to use the Service only through our website and/or authorized software application and we reserve approval authority as to the implementation and use of the Service on the Third-Party Site or application. We may suspend the Service in the event we find any implementation issues with the Third-Party Site. Such suspension shall remain in effect until Third-Party corrects any issues specified by EFOS d.o.o. and a suspension shall not relieve you of your payment obligations under the Agreement.
  2. You agree to provide us with current, complete and accurate registration information for the Service and to maintain and properly update such information (‘Registration Data’).
  3. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the ‘Registration Data’). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service. Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as ‘IDs’). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
  4. EFOS d.o.o. will use your customers’ payment information for the applicable invoicing procedure. Charges for the Service will be at the rates set forth by Service type and agreed upon by you in the sales process. Such charges may be modified by EFOS d.o.o. upon 30 days prior written notice. Prices established in this Agreement, and in any schedule, exhibit or related agreement hereto, are exclusive of taxes and other fees which may be imposed on EFOS d.o.o. or you for the provision or use of the Service. You will be responsible for such taxes and other fees.
  5. EFOS d.o.o. is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you or your customers that are deceptive, fraudulent or otherwise invalid (‘Fraudulent Actions’). By using the Service, you hereby release EFOS d.o.o. from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify EFOS d.o.o. of any Fraudulent Actions which may affect the Service. EFOS d.o.o. reserves the right, in its sole discretion, to terminate your account if you engage in, or enable any other user or customer to engage in, Fraudulent Actions.

5. EFOS D.O.O. PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full EFOS d.o.o. Privacy Policy at: https://app.efos.si/trapview_help/html/privacy_policy.html

You understand that through your use of the Trapview Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to Slovenia and/or other countries for storage, processing and use by EFOS d.o.o. and its affiliates.

6. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Trapview Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EFOS d.o.o. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EFOS d.o.o. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

7. MEMBER CONDUCT

You understand that all information, data, text, software, photographs, graphics, messages, tags, or other materials (‘Content’), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not EFOS d.o.o., are entirely responsible for all Content that is uploaded, posted, emailed, transmitted or otherwise made available via the Trapview Services by the Trapview devices and/or applications under your responsibility. EFOS d.o.o. does not control the Content posted via the Trapview Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will EFOS d.o.o. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Trapview Services.

You agree to not use the Trapview Services to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a EFOS d.o.o. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Trapview Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (‘Rights’) of any party;
  7. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  8. interfere with or disrupt the Trapview Services or servers or networks connected to the Trapview Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Trapview Services, including using any device, software or routine to bypass our robot exclusion headers;
  9. intentionally or unintentionally violate any applicable local, state, national or international law;
  10. ‘stalk’ or otherwise harass another; and/or
  11. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through j above.

You acknowledge that EFOS d.o.o. may or may not pre-screen Content, but that EFOS d.o.o. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Trapview Services. Without limiting the foregoing, EFOS d.o.o. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by EFOS d.o.o. or submitted to EFOS d.o.o.. You acknowledge, consent and agree that EFOS d.o.o. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of EFOS d.o.o., its users and the public.

You understand that the Trapview Services and software embodied within the Trapview Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by EFOS d.o.o. and/or content providers who provide content to the Trapview Services. You may not attempt to override or circumvent any of the usage rules embedded into the Trapview Services. Any nauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Trapview Services, in whole or in part, is strictly prohibited.

8. INTERSTATE NATURE OF COMMUNICATIONS ON EFOS D.O.O. NETWORK

When you register with EFOS d.o.o., you acknowledge that in using the Trapview Services to send electronic communications (including but not limited to email, search queries, and other Internet activities), you will be causing communications to be sent through EFOS d.o.o.’s computer networks, As a result, and also as a result of EFOS d.o.o.’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

9. CONSENT TO USE OF DATA

EFOS d.o.o. may collect and use data collected by Trapview devices and/or third-party data collection tools and any information gathered as part of its Trapview services, but may only use this information to improve its products and services. EFOS d.o.o. shall not disclose any of this information in a form that personally identifies you or your clients.

By accepting the terms, you voluntarily acknowledge and consent to the collection, use, processing and transfer of personal and pest data as described in this paragraph. You are not obliged to consent to such collection, use, processing and transfer of personal and pest data. However, failure to provide the consent may result in limiting your ability to receive and make use of the Trapview Services to full extent.

10. CONTRIBUTIONS TO EFOS D.O.O.

By submitting ideas, suggestions, documents, and/or proposals (‘Contributions’) to EFOS d.o.o. through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) EFOS d.o.o. is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) EFOS d.o.o. shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) EFOS d.o.o. may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of EFOS d.o.o. without any obligation of EFOS d.o.o. to you; and (f) you are not entitled to any compensation or reimbursement of any kind from EFOS d.o.o. under any circumstances.

11. INDEMNITY

You agree to indemnify and hold EFOS d.o.o. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Trapview Services, your use of the Trapview Services, your connection to the Trapview Services, your violation of the TOS, or your violation of any rights of another.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that EFOS d.o.o. may establish general practices and limits concerning use of the Trapview Services, including without limitation the maximum number of days that data automatically collected by devices, statistics, other pest related information or other uploaded Content will be retained by the Trapview Services, the maximum disk space that will be allotted on EFOS d.o.o.’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Trapview Services in a given period of time. You agree that EFOS d.o.o. has no responsibility or liability for the deletion or failure to store any collected data, information, other communications or other Content maintained or transmitted by the Trapview Services. You acknowledge that EFOS d.o.o. reserves the right to sign out accounts that are inactive for an extended period of time.

You further acknowledge that EFOS d.o.o. reserves the right to modify these general practices and limits from time to time.

13. MODIFICATIONS TO TRAPVIEW SERVICES

EFOS d.o.o. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Trapview Services (or any part thereof) with notice. You agree that EFOS d.o.o. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Trapview Services (or any part thereof).

14. PAYMENT TERMS

General Terms

The current fee for the Trapview Service you have selected will be charged to you according to commercial agreement accepted by Efos d.o.o. on the date that you complete your ordering process. Fees charged for one Service may not be credited towards other services.

Payment for Trapview Service

Payment occurs on a pre-pay basis and payment will be automatically renewed at the end of the term. The amount you are to pay will depend upon which term of subscription you choose. If you do not renew your subscription, your account will automatically revert to a free account and will be subject to the limitations of a free account.

15. TERMINATION

You may terminate your Trapview account and access to the Trapview Services by submitting such termination request to EFOS d.o.o..

You agree that EFOS d.o.o. may, without prior notice, immediately terminate, limit your access to or suspend your Trapview account, any associated email address, and access to the Trapview Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Trapview Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you or your Trapview products/services supplier in connection with the Trapview Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in EFOS d.o.o.’s sole discretion and that EFOS d.o.o. shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Trapview Services.

Termination or downgrade of your Trapview account or services includes any or all of the following: (a) removal of access to all or part of the offerings within the Trapview Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Trapview Services.

Subscription

In case the user wants to cancel his or her service agreement with the EFOS d.o.o. he or she must perform this cancellation no later than two weeks after entering into a service agreement with the EFOS d.o.o. or no later than two weeks after an automatic service agreement renewal. Cancellations that honor the previous shall be refunded pro rata no later than one month after the EFOS d.o.o. receives the cancellation request.

16. LINKS

The Trapview Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that EFOS d.o.o. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that EFOS d.o.o. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. EFOS D.O.O.’S PROPRIETARY RIGHTS

You acknowledge and agree that the Trapview Services, Trapview products (electronic devices and user applications), Content and any necessary software used in connection with the Trapview Services (‘Software’) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Trapview Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by EFOS d.o.o. or the applicable licensor, you agree not to copy, reproduce, modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Trapview Services, such as Content or the Software, in whole or in part. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you.

EFOS d.o.o. grants you a personal, non-transferable and non-exclusive right and license to use the content and the object code of its Software on a computer or mobile device through your personal account; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software or content. You agree not to modify the Software or Content in any manner or form, nor to use modified versions of the Software and Content, including (without limitation) for the purpose of obtaining unauthorized access to the Trapview Services. You agree not to access the Trapview Services by any means other than through the interface that is provided by EFOS d.o.o. for use in accessing the Trapview Services. You agree that you will never divulge or share access or access information to your User Account with any third party for any reason.

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE TRAPVIEW SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE TRAPVIEW SERVICES AND SOFTWARE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. EFOS D.O.O. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. EFOS D.O.O. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE TRAPVIEW SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE TRAPVIEW SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TRAPVIEW SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TRAPVIEW SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TRAPVIEW SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EFOS D.O.O. OR THROUGH OR FROM THE TRAPVIEW SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE TRAPVIEW SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE TRAPVIEW SERVICE. IMMEDIATELY DISCONTINUE USE OF THE TRAPVIEW SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE TRAPVIEW SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EFOS D.O.O. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EFOS D.O.O. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE TRAPVIEW SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE TRAPVIEW SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE TRAPVIEW SERVICE.

20. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

21. NOTICE

EFOS d.o.o. may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Trapview Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Trapview Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Trapview Services in an authorized manner.

22. TRADEMARK INFORMATION

You agree that all of EFOS d.o.o.’s and Trapview trademarks, trade names, service marks and other EFOS d.o.o. and Trapview logos and brand features, and product and service names are trademarks and the property of EFOS d.o.o. (the ‘EFOS d.o.o. Marks’). Without EFOS d.o.o.’s prior permission, you agree not to display or use in any manner the EFOS d.o.o. Marks.

23. GENERAL INFORMATION

Entire Agreement.

The TOS constitutes the entire agreement between you and EFOS d.o.o. and governs your use of the Trapview Services, superseding any prior version of this TOS between you and EFOS d.o.o. with respect to the Trapview Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Trapview Services, affiliate services, third-party content or third-party software.

Choice of Law and Forum.

You and EFOS d.o.o. each agree that the TOS and the relationship between the parties shall be governed by the laws of Slovenia without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and EFOS d.o.o., shall be brought exclusively in the courts located in Slovenia. You and EFOS d.o.o. agree to submit to the personal jurisdiction of the courts located within Slovenia, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms.

The failure of EFOS d.o.o. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Trapview Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

24. CONFLICT OF TERMS

In the event of a conflict or inconsistency between the terms of either Trapview monitoring service, Sales or Distribution agreement and those of this Terms of Service, the terms of Trapview monitoring service, Sales or Distribution agreement shall control and govern the rights and obligations of the Parties.

25. VIOLATIONS

Please report any violations of the TOS to our Customer Care.

Last update November 29th, 2016