Using the Application Clause Samples

Using the Application. 2.1. Upon successful installation of the Application on Your supported mobile device ("Mobile Device"), following creation of a User Account as described below, You will have the ability to create, manage and share your Online Card and manage a contact list containing all of Your Online Cards stored on the Application ("Contact List"). 2.2. You represent and warrant that You have (and will continue to have during Your use of the Application) all necessary licenses, rights, consents, and permissions which are required to use and to enable the Company to use the applicable Contact Details for the purposes of this Agreement, and/or otherwise to use the Contact Details in the manner contemplated by this Agreement. You agree that You will not scan through the Application any Paper Card which You are unauthorized to possess, scan or upload any of the Contact Details which appear thereunder in the country in which You are resident, or of which use by the Company in connection with this Agreement is not explicitly authorized by the applicable individuals to whom Contact Details belong. The Company explicitly reserves the right, but not the obligation, to remove any Contact Details without prior notice, at its sole discretion. In addition, Company may remove the Contact Details upon any request by an Online Card Owner. 2.3. You hereby further undertake not to interfere with or violate other individuals' rights to privacy and other rights, or harvest or collect data and information about them, including, inter alia, any Paper Cards and/or Contact Details, without their express consent.
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Using the Application. 1. The Application enables use of the following Services (Application functions): a) Account registration by the User; b) editing data provided by the User – managing this information and data; c) accessing commercial information about services offered by Vershold; d) asking Vershold questions via a provided form (“FAQ and Opinions / Report Issue” tab); e) communicating with Vershold in the “Message Centre” tab; f) providing the Newsletter by sending notifications in the Application with commercial information about Application-related matters. 2. Vershold reserves the right to introduce new types of Services rendered as part of the Application, as well as to cease rendering selected Services. 3. Vershold stipulates that in order to use functionalities related to remote control of devices using the Application, the User must enter in the Application information about the house / building in which the devices will be remotely controlled. The data should be entered in the “Home Management / Add Home” tab. 4. In order to ensure product compatibility with your smartphone, the Application may access the following device functions: positioning data; photos and video (to personalize the Account); microphone (to record voice commands); camera (to scan the QR code in the device’s initial configuration); SD card or memory (for storing photos or videos from the camera); Bluetooth (for connecting the Application and Bluetooth products); telephone (for making connections and notifications in the Application). Vershold has no access to images and sound, and reproducing images and sound in the cloud is impossible.
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Using the Application a. Your Users will be provided with access to and the ability to use the Application. You are responsible for ensuring that your Users are aware of and comply with the terms and conditions and any rules and restrictions that are applicable to their use of the Application, including as set forth herein and in any additional user terms and conditions applicable to Users that are set forth or provided within the Application (“User Terms and Conditions”). The User Terms and Conditions are in addition to, and do not supersede or replace, this Schedule. b. You will immediately notify us in the event that you become aware of or suspect (i) that the Credentials are being used or accessed in an unauthorized manner or by any person other than a User; (ii) that any person is using the Application for an Unauthorized Use; or (iii) that any person is using the Application in contravention of this Schedule or the User Terms and Conditions. c. You will ensure that the use of the Application by you and your Users complies with all applicable laws and regulations (including those relating to privacy, the handling of Personal Information and anti-spam) and any terms, conditions, rules, policies, procedures and technical specifications as may be provided and updated by us from time to time in respect of the Application. You further acknowledge and agree that your and your Users’ use of the Application may be restricted or limited as a result of federal, provincial, or other applicable laws or regulations and you will act in accordance with all such restrictions and limitations. d. You acknowledge and agree that we may interrupt the availability of the Application or any or all of its contents at any time, including for the purposes of repair or maintenance. We will make reasonable efforts to provide you with advance notice of such interruption, provided that in certain instances, including emergency maintenance, such notice will not be possible. You will immediately notify us if you become aware or suspect that there has been any security incident concerning the Application and your Application account, including any unauthorized access to or use or misappropriation of Merchant Data or User Content. e. You must take your own precautions to ensure that the process which you employ for accessing the Application does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. For greater certainty, we do n...
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Using the Application. 3.1. Charges (including roaming charges) imposed by your mobile service provider may apply. You are responsible for these charges. The Application is primarily provided over the internet and/or mobile networks, so the quality and availability of the Application may be affected by factors outside MTRCL's reasonable control. 3.2. You must not use the Application on any mobile device or operating system that has been modified outside the vendor-supported or vendor-warranted configurations (i.e. commonly referred as "jail-broken" or "rooted").
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Using the Application. Security Measures
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Using the Application 
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Related to Using the Application

  • Application of the Agreement (1) This Agreement shall apply to investments made in the territory of either Contracting Party in accordance with its legislation by investors of the other Contracting Party prior as well as after the entry into force of this Agreement. (2) This Agreement shall not apply to claims which have been settled or procedures which have been initiated prior to its entry into force.

  • Application of Net Proceeds The Company shall apply the net proceeds from the Offering received by it in a manner consistent with the application thereof described under the caption “Use of Proceeds” in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • Application of Net Liquidation Proceeds For all purposes under this agreement, Net Liquidation Proceeds received from a Servicer shall be allocated first to accrued and unpaid interest on the related Mortgage Loan and then to the unpaid principal balance thereof.

  • Without limiting any of the rights of Indemnitee under the Articles as they may be amended from time to time, this Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings, oral, written and implied, between the parties hereto with respect to the subject matter hereof.

  • Application of Payments and Proceeds Notwithstanding anything to the contrary contained in this Agreement, upon the occurrence and during the continuance of an Event of Default, (a) Borrower irrevocably waives the right to direct the application of any and all payments at any time or times thereafter received by Collateral Agent from or on behalf of Borrower or any of its Subsidiaries of all or any part of the Obligations, and, as between Borrower on the one hand and Collateral Agent and Lenders on the other, Collateral Agent shall have the continuing and exclusive right to apply and to reapply any and all payments received against the Obligations in such manner as Collateral Agent may deem advisable notwithstanding any previous application by Collateral Agent, and (b) the proceeds of any sale of, or other realization upon all or any part of the Collateral shall be applied: first, to the Lenders’ Expenses; second, to accrued and unpaid interest on the Obligations (including any interest which, but for the provisions of the United States Bankruptcy Code, would have accrued on such amounts); third, to the principal amount of the Obligations outstanding; and fourth, to any other indebtedness or obligations of Borrower owing to Collateral Agent or any Lender under the Loan Documents. Any balance remaining shall be delivered to Borrower or to whoever may be lawfully entitled to receive such balance or as a court of competent jurisdiction may direct. In carrying out the foregoing, (x) amounts received shall be applied in the numerical order provided until exhausted prior to the application to the next succeeding category, and (y) each of the Persons entitled to receive a payment in any particular category shall receive an amount equal to its pro rata share of amounts available to be applied pursuant thereto for such category. Any reference in this Agreement to an allocation between or sharing by the Lenders of any right, interest or obligation “ratably,” “proportionally” or in similar terms shall refer to Pro Rata Share unless expressly provided otherwise. Collateral Agent, or if applicable, each Lender, shall promptly remit to the other Lenders such sums as may be necessary to ensure the ratable repayment of each Lender’s portion of any Term Loan and the ratable distribution of interest, fees and reimbursements paid or made by Borrower. Notwithstanding the foregoing, a Lender receiving a scheduled payment shall not be responsible for determining whether the other Lenders also received their scheduled payment on such date; provided, however, if it is later determined that a Lender received more than its ratable share of scheduled payments made on any date or dates, then such Lender shall remit to Collateral Agent or other Lenders such sums as may be necessary to ensure the ratable payment of such scheduled payments, as instructed by Collateral Agent. If any payment or distribution of any kind or character, whether in cash, properties or securities, shall be received by a Lender in excess of its ratable share, then the portion of such payment or distribution in excess of such Lender’s ratable share shall be received by such Lender in trust for and shall be promptly paid over to the other Lender for application to the payments of amounts due on the other Lenders’ claims. To the extent any payment for the account of Borrower is required to be returned as a voidable transfer or otherwise, the Lenders shall contribute to one another as is necessary to ensure that such return of payment is on a pro rata basis. If any Lender shall obtain possession of any Collateral, it shall hold such Collateral for itself and as agent and bailee for Collateral Agent and other Lenders for purposes of perfecting Collateral Agent’s security interest therein.