Terms and Conditions
I. Description of Service
NetMax hosts an online digital signage application service, for broadcasting signs to screens connected to the Internet. This agreement defines terms and conditions for using NetMax service.
By completing the registration process, Client agrees to be bound by this Agreement when signing up for NetMax service.
II. Proprietary Rights
NetMax hereby grants Client a non-exclusive, non-transferable application service for the sole purpose of evaluation during a free trial period.
The Client acknowledges that all Title & Rights for the software and services provided and all intellectual property associated with it is the sole property of NetMax Ltd.
III. Data Processing
- Name and job title.
- Contact information including email address.
- Demographic information such as postcode, preferences and interests.
- Other information relevant to customer surveys and/or offers (such as the pages on our websites which you have visited).
NetMax may keep records of the following:
The records will be kept for good, unless the Client asks, by writing, NetMax to be forgotten (to be deleted).
NetMax may use the information we collect from the Client when the Client registers, makes a purchase, signs up for NetMax's newsletter, responds to a survey or marketing communication, surfs the websites, or uses certain other site features for the following purposes:
Internal record keeping.
NetMax may use the information to improve NetMax's products and services.
To personalize user’s experience and to allow NetMax to deliver the type of content and product offerings in which the Client is most interested.
To allow NetMax to better service the Client in responding to the Client's customer service requests.
From time to time, NetMax may also use the Client's information to contact the Client for his order, subscription, market research or other products, services and news. NetMax may use the information to customize the website according to the Client's interests.
IV. Security
As a data controller (as defined in the General Data Protection Regulation, “GDPR” – Regulation (EU) 2016/679), NetMax is committed to ensuring that the Client's information is secured.
In order to prevent unauthorized access or disclosure, NetMax has put in place suitable physical, electronic and managerial procedures to safeguard and secure the information it collects online and offline.
For any GDPR issue (personal data), please feel free to inquire our European representative in Portugal, who acts as the focal point of contact for any GDPR issue. You can do that by sending an email to gdpr@netmax.com.
V. Data Controller and Data Processor
NetMax as a data controller and data processor is obliged to:
Impose confidentiality obligations on persons authorized to process the personal data.
Ensure the security of the personal data.
Return or destroy the personal data at the end of the processing arrangement, unless it is required by NetMax as mentioned in clause no. III above.
VI. Partner as Data Processor
- In case the Client becomes a NetMax's partner (reseller), the Client obliges to:
- Process personal data only on NetMax's system;
- Impose confidentiality obligations on persons authorized to process the personal data.
- Ensure the security of the personal data.
- Comply with additional rules restricting the appointment of sub-processors.
- Assist NetMax to comply with data subjects' rights.
- Assist NetMax to comply with data security requirements.
- Return or destroy the personal data at the end of the processing arrangement, unless it is required to the Client as mentioned in clause no. III above.
- Provide NetMax with all information necessary for NetMax to demonstrate compliance to GDPR.
- Notify NetMax immediately if it believes that any instructions from NetMax are illegal.
In case the Client becomes a NetMax's partner (reseller), the Client obliges to:
Process personal data only on NetMax's system;
Impose confidentiality obligations on persons authorized to process the personal data.
Ensure the security of the personal data.
Comply with additional rules restricting the appointment of sub-processors.
Assist NetMax to comply with data subjects' rights.
Assist NetMax to comply with data security requirements.
Return or destroy the personal data at the end of the processing arrangement, unless it is required to the Client as mentioned in clause no. III above.
Provide NetMax with all information necessary for NetMax to demonstrate compliance to GDPR.
Notify NetMax immediately if it believes that any instructions from NetMax are illegal.
VII. Limited Liability
Client expressly agrees that use of NetMax application is at Client's sole risk.
Neither NetMax, its employees, affiliates, agents, third-party information providers, resellers or the like, warrant that NetMax service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability, or content of any information or service contained in or provided through NetMax, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall NetMax, its offices, agents, or anyone else involved in creating, producing, or distributing Digital Signage service be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use NetMax service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to NetMax records, programs, or services.
- Client hereby acknowledges that this paragraph shall apply to all content on NetMax servers.
- Notwithstanding the above, Client's exclusive remedies for all damages, losses, and causes of actions whether in contract or misdemeanor, including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement.
IN THE EVENT THAT, NOTWITHSTANDING THE TERMS OF THIS AGREEMENT, NetMax IS FOUND LIABLE FOR DAMAGES, SUCH LIABILITY SHALL NOT EXCEED FIFTY US DOLLARS ($50).
VIII. Indemnification
Client agrees that it shall defend, indemnify and hold NetMax harmless from any and all demands, liabilities, losses, costs, and claims, including attorneys' fees, (“Liabilities”) asserted against NetMax, its agents, its customers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees, or assignees.
IX. Termination
NetMax may terminate the license granted herein at any time and for any reason.
X. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of Israel.
XI. Privacy
Our Privacy Policy describes the collection, use, and sharing of certain information that may be provided in connection with your use of our services.
You acknowledge and agree that all users will read and understand our Privacy Policy before accessing or using our services.
By using the services, you acknowledge that your data will be processed in accordance with our Privacy Policy and this Agreement and may be processed in a country where it was collected, as well as in countries where privacy laws may be less stringent, including the United States.
By using our services or submitting your data through our services, you expressly consent to such processes.
To the extent, you provide personal information about a named person or entity that is not a current user of our services, you represent that you have that person's or entity's consent to do so.