This
document and the Privacy Policy form our rules on the use of the service on the
MARS ENGINE platform and represent the Terms and conditions for users, the way
of user registration, user rights and notifications, the way of providing the
service, the way of calculating fees (subscription), copyright and related
rights, and others issues that are important for the functioning and use of the
Internet platform (further in the text: Rules).
The
Rules are a legally binding access agreement between you and Enon Solutions LLC.
This agreement sets out your rights and responsibilities when you use the MARS
ENGINE website and platform, and other services provided by Enon Solutions LLC (hereinafter:
"Services"), so please read them carefully. By using any of our
Services (even if you only browse one of our websites), you agree to these Rules.
If you do not agree with the Rules, you cannot use our Services. Any use of the
Platform in whole or in any part not in accordance with these Useragreement
will be considered an abuse of the services provided by Enon Solutions LLC and
by violating the User agreement.
By
voluntarily using any segment of the Platform, the User confirms that he is
familiar with and agrees with the User agreement and the conclusion of this
Agreement upon accession.
MARS
ENGINE undertakes to provide the Service to Users defined by this User agreement,
in the manner and with the restrictions described in these document, and in
accordance with the applicable laws. The Service User undertakes to comply with
this User agreement in all respects when using the Platform. The contracting
parties agree that in order to fulfill these obligations, it is necessary that Enon
Solutions LLC collects, processes and stores personal data of Service Users in
accordance with the applicable laws, General Data Protection Right (GDPR) and
the Privacy Policy, which is available for all Service Users. By accepting
these Terms and Conditions, each User confirms that he or she is familiar with
and agrees with the Privacy Policy, and gives express consent to the collection
and processing of data, in the manner described in the Privacy Policy.
“MARS
ENGINE” is the exclusive property of the Company Enon Solutions LLC, with its
registered office at
Gospodara Vučića 149, ID number: 21333603, Tax number: 110302018, entered in the register of the
Business Registers Agency of the Republic of Serbia, e-mail: info@enonsolutions.com
hereinafter “MARS ENGINE” or “Company”, which aims to provide the services
specified herein.
Mars engine is a platform service provider that allows for creation of software products, which can be hosted on Mars engine servers or be exported and hosted on any other server. Through the Platform, Mars engine among other features provides:
The
users of the Platform's services are considered to be: 1. Visitors; 2.
Registered users (individuals or legal entities). A visitor is a person who
accesses the Platform without logging in and registering. Registered users are
natural persons and legal entities that register and log in to the Platform.
Users must be 18 or older to use the Platform.
To
use the services, it is necessary to register the Service User (open a user
account).
You can create an account
on our application via e-mail address. In order to create an account and use
our Services, you need to provide us with a valid email address and a name
associated with your account that you can choose and that represents your
identity on Platform. You may review, change, or remove that name through your
account settings. You need to provide this information to enable us to provide
you with the Services.
Registered
and logged in User - The User may use the Mars
engine platform to create and host software according to selected user package.
The user of the service may have several registered user accounts.
Registered
User is obliged to pay the amount of the monthy/yearly
fee according to subscription package of in accordance with the Pricing which
is agreed between contracting parties and paid on a yearly basis. Some
subscription packages offer several projects or employee seats to be purchased
within one subscription package, where subscription will be paid only by the License
holder, who connected his/hers personal/company credit card to the account.
Original
files, data for your software that you develop on our Platform using our
Services is considered yours (“Your product”). We don’t make any claim to it.
Responsibility
for Your product. You understand that you are
solely responsible for Your Product, in terms of features, content, data
gathered, business logic, payments, availability and overall software usability.
By accepting User Agreement, you guarantee that you have all necessary rights
to Your product and that you’re not infringing or violating any third party’s
rights or laws by creating it and hosting it on the Mars engine Platform.
Permission
to access Your data. By accepting this User Agreement
you accept that Mars engine employee can have
access to your data on our Platform in case of need to solve bugs, tickets and
to provide flawless operations of the Platform. This access will be done only
if requested, by submitting issue, ticket, eg. as part of the troubleshooting
process.
Responsibility
for Your product. You understand that you are
solely responsible for Your Product, in terms of features, content, data
gathered, business logic, payments, availability and overall software usability.
By accepting User Agreement, you guarantee that you have all necessary rights
to Your product and that you’re not infringing or violating any third party’s
rights or laws by creating it and hosting it on the Mars engine Platform.
Service users agree that they will respect the following restrictions when using the Platform:
Enon Solutions LLC excludes its own responsibility in accordance with the following:
To the fullest extent
permitted by law, neither Enon Solutions LLC nor our employees or directors
shall be liable for any lost profits or income, or for any cause-and-effect,
incidental, indirect, special or damages arising out of or in connection with
the Services or these Rules and User Agreement. In no event shall the total
value of Enon Solutions LLC liability for any damages exceed the amount you
have paid to Enon Solutions LLC in the past twelve months.
Due to force majeure or
technical problems, it is possible that the Platform is not available to all or
some part of the users during certain periods of time. In such cases, Enon
Solutions LLC is not liable for any damages incurred.
To contact the user
services of Enon Solutions LLC(administration), users are referred to the appropriate
email or contact form. The response of the administrator or user team of Enon
Solutions LLC does not necessarily reflect the position of the company, and
accordingly Users cannot exercise any rights based on such written
correspondence. It is not permitted to publish any written correspondence of
the Enon Solutions LLC user team with the User without the written permission
of Enon Solutions LLC or its authorized person.
Enon Solutions LLC do not
control what people and other say or do, and we are not responsible for their
(or your) actions of conduct (whether online or offline) or content (including
unlawful of objectionable content or software usage that results with breaking
of any applicable law).
Enon Solutions LLC has
the exclusive copyright and intellectual property rights on the Platform,
including all individual elements: textual, audio and video content, visual
identity, program code, databases and other elements of the Platform where the
author is Enon Solutions LLC. Any unauthorized use of the Platform or any of
its elements without the written consent of Enon Solutions LLC (such as in
separate contract for enterprise users, e.g.) as the holder of the exclusive
copyright, is considered a copyright infringement of Enon Solutions LLC.
Enon Solutions LLC is the
sole proprietor of the MARS ENGINE platform trademark.
The Platform may also
contain elements on which third-parties have exclusive copyrights, trademarks
and other intellectual property rights, who have sole responsibility for the
content on which they are holders of these rights, regardless of the fact that
the content is on the Platform. Enon Solutions LLC has sole responsibility for
the it’s own copyrighted content. The User is independently responsible for the
content that is his author's work, ie for the content that is posted on the
Platform. The user of the services reserves the copyright to software he/she
made.
Enon Solutions LLC guarantees
that “MARS ENGINE” platform, is not OPEN SOURCE SOFTWARE - source code
available with a license in which the copyright owner grants the right to
study, modify and distribute the software to anyone without a license fee (ie a
demanding license). Instead, Mars engine platform is available only when a monthly/yearly
license fee (subscription) is paid.
Termination by the User.
You can terminate your account with MARS ENGINE Platform at any time from your settings.
Deleting your account will delete all your personal information. However, this
will not affect previously created log files and files that you have posted
through the Services prior to completion, which will be used, in a
pseudonymized manner for general user statistics.
Enon Solutions LLC. We may exclude or delete your account (and
any associated accounts) and your access to the Services and Platforms if you miss
payment longer than a period as agreed between Contracting parties If this
happens we will retain the project and it's data for 6 months after which it
will be permanently deleted.
Privacy
policy document describes in detail how and what personal data we collect and
process. You have a right to withdrawal your consent for processing your
personal data. Consent withdrawal will lead to termination of the User
agreement since we need some of your personal information to provide you with
our Services and to be able to charge for them.
Cessation of services.
Enon Solutions LLC reserves the right to change, suspend or terminate any service at any
time, for any reason. We will not be liable to you for the effect that any
changes to the Services may have on you.
Validity of the Rules.
The Rules will remain in effect even after you stop accessing the Service or
stop using the Service.
If
Enon Solutions LLC be sued for something you did (and we really hope that doesn’t happen),
you agree to get involved in our defense, as well as to let us know about the
potential lawsuit in a timely manner. This means that you will be involved in
the defense of Enon Solutions LLC (including all our employees-Trainers) and that you will bear all costs
(including reasonable costs of lawyers) and pay all fees arising from your
actions, your use (or abuse) of our services, Your breach of User Agreement
and/or Privacy Policy.
In
the event of any dispute between you and Enon
Solutions LLC the law of the Republic
of Serbia and the locally competent court in the Republic of Serbia shall have
jurisdiction. By using our Services, you agree that in the event of a dispute,
we will try to resolve the dispute amicably through mediation.
Enon Solutions LLC may at any time amend this User Agreement by
updating this text. You will automatically be bound by the new User Agreement
contained in the changes, and for that reason you should periodically visit
this page to familiarize yourself with the currently applicable User Agreement.
If you have any questions
about the User Agreement, please email us at:
info@marsengine.net
