Thanks for using Interactive Spares.
Please read these Terms carefully. By using Interactives SPares or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Interactive SPares (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms.
Interactive SPares (“Interactive SPares,” “we,” or “us”) is an advanced system (the “Service) to manage information on the products which allows manufacturing companies to process all spare parts and after sales enquiries in a complete and centralized manner, offered through the URL interactivespares.com (we’ll refer to it as the “Website”).
Interactive SPares is a trademark of Emmebistudio s.a.s.. Interactive SPares has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).
These Terms of Use (“Terms,” including our Privacy Policy and Cookie Policy) define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. If you don’t agree to these Terms, you must not proceed with the opening of the contract. Some features of the Service are offered as add-ons to your Interactive Spares account (“Add-ons”). Unless expressly stated otherwise, these Terms apply to the use of Add-ons.
ACCOUNT
Eligibility
In order to use the Service, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to these Terms;
- provide true, complete, and up-to-date contact and billing information; and
By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Interactive SPares may refuse service, close accounts of any users, and change eligibility requirements at any time.
Term
When you sign up for the Service and agree to these Terms, the Agreement between you and Interactive Spares is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Interactive SPares account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Opening your account means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
Changes
We may change any of the Terms by posting revised Terms of Use on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, Add-ons, or any features of the Service at any time, and we may discontinue the Website, the Service, Add-ons, or any features of the Service at any time.
Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than activity that Interactive SPares is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your customers’ current passwords, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
SERVICE
Uptime
We are committed to providing services having the features indicated in the product fact sheet on the date the product is activated, except for the need for hardware and software updating due to specific situations. We also offer a SLA with 99.00% to 99.90% uptime guarantee for the calendar month being considered; If we are unable to maintain the uptime you are entitled to, a compensation will be paid equal to the total value of the fees foreseen for the said calendar month.
Technical support
We provide hardware and software technical support limited to the service plans provided; this agreement does not include any interventions made due to problems caused by user’s inexperience.
Unless otherwise stated, no technical support will be provided to the user in case of programming and/or management problems which are not directly linked to the functions offered and listed in the fact sheet of the product and directly attributable to the services provided. We provide technical support to the user throughout the duration of the service provision contract in the ways specified in the fact sheet of the service plan.
PAYMENT
Monthly Plans
When you sign up for a Monthly Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan.
Our charges for Monthly Plans are posted on our Website and may be changed from time to time. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”).
Annually Plans
When you sign up for a Annually Plan, you agree to recurring billing. Billing occurs on the same day each year, based on the date that you started the Annually Plan. Our charges for Annually Plans are posted on our Website and may be changed from time to time. Payments are due for any year on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you choose monthly payment, payments are due for each of the 12 months of the year, on the same date or closest to the day you made your first payment.
Credit Cards
You’ll provide us with valid credit card information and authorize us to deduct the monthly/annually charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorized to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
Charges for Add-Ons
If you use an Add-on that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the Add-on is active.
Billing Changes
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind.
RIGHTS
Proprietary Rights Owned by Us
You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
Proprietary Rights Owned by You
You represent and warrant that you either own or have permission to use all of the material, content, data, and information (including your personal information and the personal information of others) you submit to Interactive Spares in the course of using the Service (“Content”). You retain ownership of the Content that you upload to the Service. We may use or disclose your Content (including any personal information therein) only as described in these Terms, our Privacy Policy and Cookie Policy.
Privacy Policy
Your privacy is important to us. Please read our Privacy Policy and Cookie Policy for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Service.
RULES AND ABUSE
Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you think anyone has posted material that violates any protected marks or copyrights, then you can notify us at the address provided in our contacts.
Bandwidth Abuse/Throttling
You may only use our bandwidth for your Interactive SPares Catalogues. We provide image and data hosting only for your Interactive SPares Catalogues, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection through our API at our discretion.
Compliance with Laws
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (like HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.
If you collect any personal information pertaining to a minor and store such information within your Interactive Spares account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.
If you’re located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or use the Service to anyone located in the EEA (each such Member an “EEA Member”) , you represent and warrant to Interactive SPares that:
- You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service, and includes a link to Interactive Spares’s Privacy Policy
- You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Interactive SPares and to enable such data to be lawfully collected, processed, and shared by Interactive SPares for the purposes of providing the Service.
- You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Interactive Spares to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service in accordance with and as described in the Cookie Policy.
In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section.
LIABILITY
Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month or year, our total liability to you arising under or in connection with the Agreement—whether in contract, tort (including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month or year.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
No Warranties
To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service, either express or implied. This includes, but isn’t limited to, warranties of merchantability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs.
Indemnity
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.
Legal Fees and Expenses
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
Equitable Relief
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
Subpoena Fees
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
Disclaimers
We and our Team aren’t responsible for the behavior of any third parties, linked websites, or other Members.
FINE PRINT
Assignments
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Survivability
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
Severability
If it turns out that a section of these Terms isn’t enforceable for you, the rest of the Agreement will still be valid.
Interpretation
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
Amendments and Waiver
Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group.
Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
Notification of Security Breach
In the event of a security breach that may affect you or customer, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to any customer, you’ll promptly do so.
Notices
Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our Website. Any notice to us will be effective when delivered to us an email to our address info@interactivespares.com
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Thanks for taking the time to learn about Interactive Spares’s policies.