Welcome to TowerUp
Last modified: September 10, 2020
1. ACCEPTANCE OF TERMS AND CONDITIONS
Thanks for using our Application, products and services (“Services”, "Application"). The website towerup.com
(the “Website”, "Site", "towerup.com", “TowerUp”, “we", "us" or "our") and all its subdomains (i.e blog.towerup.com
) is owned and operated by Kisfali Engineering AS. (“Kisfali Engineering”). We are a company registered in Norway (company number 922 228 493), and our address for correspondence is: Drengsrudhagen 6, 1385 Asker, Norway (email: email@example.com).
By using our Services, you are agreeing to these terms. Please read them carefully. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising that you have the authority to bind that organisation to these terms. In that case, “you” and “your” will refer to that organisation.The materials on the Site are made available by TowerUp, for informational purposes only, and by accessing and/or downloading any materials from the Site, you agree to these terms.
The Service may be used by individuals who are at least eighteen (18) years old or minors who have parental permission to open and maintain an account; provided, however, in no event is any individual under the age of thirteen (13) years old permitted to use the Service.
BY CLICKING THE "LOGIN" BUTTON, AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY THIS TERMS AND CONDITIONS (THIS "AGREEMENT").
The offering of the Service is conditioned on your acceptance without modification of this Agreement.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with TowerUp and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.
2. DESCRIPTION OF SERVICE
The Service includes, and is limited to, a service, web site, or mobile application that allows You access to and use of a single TowerUp Account. "TowerUp" referred to herein means the Kisfali Engineering's TowerUp Application an online tool that generates, organises project including value-added services, engineering calculation and researches into boards. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service (collectively, “Content”).
"Account" refers to the billing account for the Service.
"Customer Data" means the data in tables or other files stored in your Account which is collected through use of the towerup.com website.
"Servers" means the servers controlled by TowerUp upon which the Application and Customer Data are stored.
"Service" and "Application" have the meaning ascribed to such term in the first paragraph of this Agreement.
"Submissions" refers to the number of submissions from forms which are linked to tables or other files in your Account.
"Website" means the collection of pages containing the databases, designs, calculations and other documents.
To register for the Service, you shall provide TowerUp with current, complete and accurate information as prompted by the signup form, including your e-mail address. You are solely responsible for any and all activities that occur under your Account. You agree to notify TowerUp immediately upon learning of any unauthorized use of your Account or any other breach of security. From time to time, TowerUp support staff may log into the Service under your Account in order to maintain or improve service, including without limitation assisting you with technical or billing issues. You hereby acknowledge and consent to such access.
4.1. ACCESS TO PASSWORD-PROTECTED OR SECURE AREAS
Certain areas of the Site may be available only with a password. Access to and use of areas of the Site that are password-protected and/or secure is restricted to authorized users only. Unauthorised individuals attempting to access these areas of the Site may be subject to prosecution.
To protect your TowerUp Account, keep your password confidential. You are responsible for the activity that happens on or through your TowerUp Account. Try not to reuse your TowerUp Account password on third-party applications. If you suspect that someone else knows or has changed your password, please Contact us
5. TERM AND AUTOMATIC RENEWAL
The term of Accounts is indefinite unless terminated at any time in TowerUp's sole and absolute discretion. This Agreement, as may be amended from time to time, shall remain in full force and effect for so long as your Account is valid.
6. FREE TRIALS
From time to time TowerUp may offer a free trial of the Service to prospective customers. TowerUp reserves the right to discontinue the offering of free trial Service without notice. Free trials are meant to let prospective customers experience the Service before committing to it. Use of a free trial Service for anything other than the above is prohibited. Furthermore, you agree that you are not allowed to (I) open more than one trial account, and/or (II) upon termination of your free trial account open a new trial account.
Free trial account users additionally agree that you (I) will not use more capacity and resources than allocated to your account, (II) will not hide or otherwise tamper with TowerUp branding on your confirmation pages, (III) will maintain accurate and up to date contact and, to the extent collected by TowerUp, billing information, and (IV) agree to receive sales and marketing emails from TowerUp and its partners.
7. BETA PROGRAMS
From time to time, TowerUp may offer access to beta Application/software to interested parties. Beta Application/software is an Application/software that is not officially released, and may contain problems or bugs, and is not warranted by TowerUp in any way. Any beta services are provided "as is" for evaluation and testing purposes only, and beta users are advised to not rely on the features or performance of such services for any reason. By registering for and using beta services, you acknowledge that you are accessing a pre-release evaluation of such services and that such services and/or any products and services offered in connection therewith may contain bugs, may not operate properly or perform all intended functions, may interfere with the functioning of other applications, and may cause errors, data loss or other problems. TowerUp shall not be liable for any damages, including but not limited to direct, indirect, incidental or consequential damages or for loss of data, profits, or revenue incurred by you or third parties.
As a beta user, you agree that you shall promptly report to TowerUp any failure of the applicable beta service to perform in accordance with applicable documentation, and will provide such other information relating to the beta service as TowerUp may reasonably request. At TowerUp's request, you will provide a written evaluation of the beta service in a form reasonably requested byTowerUp . You grant TowerUp an unrestricted, royalty-free right to use all such feedback for purposes of marketing, public relations, correcting and/or enhancing the beta service and developing additional products and services.
TowerUp 's beta programs have a fixed duration. At the end of a beta program you may be offered the opportunity to convert your beta Account to a regular Account. Beta Accounts that are not converted to a regular Account are deleted at the end of the beta program and all Customer Data is lost. You agree that if you do not convert your beta Account to a regular Account, you will remove all TowerUp Application/software from your websites immediately at the conclusion of the beta program.
8. NON-EXCLUSIVE LICENSE
Subject to the terms and conditions of this Agreement, TowerUp hereby grants you a limited, revocable, non-transferable, non-exclusive license to use the Service.
Subject to the terms and conditions of this Agreement, you may remotely access the Service at towerup.com and other Servers provided by TowerUp. Your use of and access to the Service is conditioned upon the following:
You shall not (I) copy, modify, adapt, translate or otherwise create derivative works of the Service, or permit others to do so; (II) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Application; (III) rent, lease, sell, assign or otherwise transfer rights of the Service; (IV) remove any proprietary notices or labels on the Service; or (V) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service. You shall use the Service solely for your own use, and will not make the Service available for timesharing, application service provider. You shall comply with all applicable laws and regulations in your use of and access to the Software and Service.
This license will terminate immediately if you fail to comply with the terms of this Agreement. Upon such termination, you shall cease any further use of the Service without the express written consent of TowerUp.
8.1 LIMITED, SINGLE COPY LICENCE
The contents of the Site are protected by Norwegian law and worldwide copyright laws and treaties. The copyright of all material on the Site is held by Kisfali Engineering. The Site cannot be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means without the prior written consent of TowerUp.
You may copy materials published by TowerUp on this Site for internal, non-commercial use within your organisation, solely for the purpose of supporting TowerUp products and services.
Unauthorised use of any material on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties. Using our ServicesYou must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not Kisfali Engineering´s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
9. USAGE RULES
The Service is offered to you to help you with the operation of your business. You agree not to use the products or services provided through or in connection with the Service to: (I) conduct any business that is unlawful, (II) infringe or otherwise violate a third party's rights, (III) collect information about third parties, without their express consent; or (IV) interfere with or disrupt the Service or Servers.
TowerUp reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Servers, at TowerUp's sole and absolute discretion, without notice.
explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that TowerUp can use such data in accordance with our privacy policies.
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can Contact us
You agree not to use, or allow access to, TowerUp services for the purposes of:
1. Spam or sending any unsolicited commercial messages.
2. Disrupting the performance of TowerUp servers or causing server-wide outages.
3. Advertising, transmitting, storing, posting, displaying, or otherwise making available materials that:
- Violate any law, regulation, or other provision having the force of law, either intentionally or unintentionally;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Infringe or misappropriate the intellectual property rights of others;
- Violate privacy, publicity, or other personal rights of others;
- Falsify the origin of an email, either by forging the sender's address or email header, or otherwise;
- Are of adult nature, pornographic, or harmful to minors;
- Contain the images of children or disclose personally identifiable information belonging to children;
- Are unlawful, harmful, vulgar, obscene, threatening, abusive, harassing, tortious, unlawful, libelous; and/or
- Are viruses, worms, so-called trojan horses, or other destructive codes, files, or programs, or information regarding the creation of such material.
If TowerUp determines that you have violated the terms of this Agreement, that determination, made in TowerUp's sole and absolute discretion, constitutes grounds for immediate termination of your TowerUp account without notice to you or penalty to TowerUp.
10. TRADE MARKS
Kisfali Engineering, the logo and all other Kisfali Engineering product or service marks are trade marks of Kisfali Engineering. All other trade marks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove such material.
TowerUp shall not be liable for taxes and other governmental fees and assessments to be paid which are related to purchases made from you or from the Server. You agree that you shall be solely responsible for all taxes, fees, and assessments of any nature associated with products or services sold through the use of or with the aid of the Services.
12. ENHANCING AND MODIFYING THE SERVICE
TowerUp reserves the right to enhance, upgrade, or modify the Service with or without notice to you. TowerUp shall not be liable to you or any third party should TowerUp exercise its right to enhance or modify the Service.
13. DISCLAIMER OF WARRANTIES
TowerUp does not warrant or represent that the use of the Service will be correct, accurate, timely or otherwise reliable. You specifically agree that TowerUp shall not be responsible for unauthorised access to or alteration of the Customer Data or data from the Website.
THE SERVICE AND THE SOFTWARE ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY TowerUp , EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE AND THE SOFTWARE INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. TowerUp DOES NOT WARRANT THAT THE SERVICE AND/OR THE SOFTWARE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT ERRORS WILL BE FIXED, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE.
14. LIMITATION OF LIABILITY
TowerUp SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY CLAIMANT FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF TowerUp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOREGOING PARAGRAPH.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.
TowerUp 's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the total fees paid by you to TowerUp for use of the Service.
15. PROPRIETARY RIGHTS NOTICE
Title, ownership rights, and intellectual property rights in and to the Application, TowerUp 's confidential information, and any other TowerUp information and materials, and the Service, shall remain withTowerUp . TowerUp reserves all rights not expressly granted to you in this Agreement.
Your Data and Your Privacy by using our Services you provide us with information, files, and folders that you submit to TowerUp (together, “data”). You retain full ownership to your data. We don’t claim any ownership to any of it. These Terms do not grant us any rights to your data or intellectual property except for the limited rights that are needed to run the Services, as explained below.
We may need your permission to do things you ask us to do with your data, for example, hosting your files, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).
You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.
We may choose to review public content for compliance with our community guidelines, but you acknowledge that TowerUp has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
15.1 SHARING YOUR DATA
The Services provide features that allow you to share your data with others or to make it public. There are many things that users may do with that data (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. TowerUp has no responsibility for that activity.
Your Responsibilities on Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
You, and not TowerUp, are responsible for maintaining and protecting all of your data. TowerUp will not be liable for any loss or corruption of your data, or for any costs or expenses associated with backing up or restoring any of your stuff.
If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
16. CUSTOMER REFERENCE
You hereby grant TowerUp the right to use your trade name and/or your corporate logo in connection with TowerUp 's promotional materials and/or website to identify you as a customer of TowerUp.
TowerUp's Confidential Information shall include, without limitation, the Service, Software, documentation, formulas, methods, know how, processes, designs, new products, developmental work, marketing requirements, marketing plans, licensee names, prospective licensee names, the terms and pricing under this Agreement, and the results of any comparative or other benchmarking tests with respect to the Service or the Software, in each case regardless of whether such information is identified as confidential. Confidential Information includes all information received from third parties that you are obligated to treat as confidential and oral information that is identified by TowerUp as confidential.
You agree, unless required by law, (I) not to make Confidential Information available in any form to any third party (including but not limited to entities or individuals that market, distribute or provide web database software or services) except to your employees or agents who are required to know such Confidential Information to allow you to exercise your rights under this Agreement, and (II) not to use the Confidential Information for any purpose other than in the performance of this Agreement. You shall not disclose the results of any performance tests of the Software or Service to any third party without TowerUp 's prior written approval. You agree to take all necessary steps to ensure that Confidential Information is not disclosed or distributed by your employees or agents in breach of this Agreement. You acknowledge and agree that, due to the unique nature of Confidential Information, there can be no adequate remedy at law for breach of this section of the Agreement and that such breach would cause irreparable harm toTowerUp , therefore TowerUp shall be entitled to seek immediate injunctive relief, in addition to whatever remedies it might have at law, in equity and/or under this Agreement.
18. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
TowerUp reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Service, or any policy governing the Service, at any time, by posting the new agreement to the Site. You are responsible for regularly reviewing the site. Your continued use of the Site or the Services shall constitute your acceptance of any such changes and your agreement to be legally bound thereby.
19. MISCELLANEOUS, APPLICABLE LAW AND VENUE
TowerUp shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between the parties concerning its subject matter, and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable, and all other provisions of this Agreement shall remain in full force and effect. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned, or otherwise transferred, in whole or in part, by you, and any such attempted assignment shall be void and of no effect without the advance written consent of TowerUp, such consent not to be unreasonably withheld, conditioned or delayed. This Agreement shall be binding upon and will inure to the benefit of the parties and their respective heirs, successors, permitted assigns, and legal representatives. This Agreement shall be governed by and construed in accordance with the laws of Norway without regard to its conflict of laws principles. You agree, in the event any claim or suit is brought in connection with TowerUp's provision of the Services to you, to submit to the jurisdiction of Norway, as the appropriate forum.
TowerUp reserves the right to terminate this Agreement and your use of the Service for any reason or no reason.
To terminate your use of the Service, you must contact us to request the termination of your Account. Upon receipt and verification, a TowerUp representative will delete your Account and all of your Customer Data. You must also remove the Deploy Code from your Website. You will be charged for the billing period in which you terminate your account according to the terms of this Agreement. If you do not formally request the termination of your Account, you will continue to be billed for the Service.
21. FEEDBACK AND INFORMATION
If you have any questions or comments about this Agreement, the Service, or your experience with the Service, please Contact us