estimateX EULA & Privacy Policy
End-User License Agreement (EULA) of estimateX
a. Scope of License: This End-User License Agreement ("EULA") is a legal agreement between you and takomat GmbH ("takomat", “estimateX”, "we", "our"). This EULA agreement governs your acquisition and use of our estimateX application ("application") directly from takomat or indirectly through a takomat authorized reseller or distributor (a "Reseller"). Please read this EULA agreement carefully before using the estimateX application. It provides a license to use the estimateX application and contains warranty information and liability disclaimers. If you register for a free trial of the estimateX application, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the estimateX application, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement. If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement. takomat grants to you a nontransferable license to use the estimateX application on any device that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the estimateX application as well as upgrades provided by takomat that replace or supplement the original estimateX application, unless such upgrade is accompanied by a revised EULA. Except as provided in the Usage Rules, you may not distribute or make the estimateX application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the estimateX application and, if you sell your device to a third party, you must remove the estimateX application from the device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the estimateX application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the estimateX application).
b. Consent to Use of Data: You agree that takomat may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the estimateX application. takomat may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to takomat. It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
d. External Services. The estimateX application may enable access to takomat’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. takomat is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any estimateX application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by takomat or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of takomat or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that takomat is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. takomat reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE ESTIMATEX application IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ESTIMATEX application AND ANY SERVICES PERFORMED OR PROVIDED BY THE ESTIMATEX application ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TAKOMAT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ESTIMATEX application AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TAKOMAT OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE ESTIMATEX application OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TAKOMAT BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE ESTIMATEX application, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF TAKOMAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall takomat’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the estimateX application except as authorized by United States law and the laws of the jurisdiction in which the estimateX application was obtained. In particular, but without limitation, the estimateX application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the estimateX application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
h. The estimateX application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the Federal Republic of Germany.
Privacy Policy
The protection of your personal data is important to us. This privacy statement explains how we collect, store and share personal information when you use the estimateX App. estimateX is a service of takomat GmbH ("takomat", "estimateX", "we", "our") as a mobile app and on related pages. By using estimateX and in particular by registering a estimateX account, you consent to the use of your personal data. Therefore, please take some time to read this Privacy Policy and make sure that you agree.
Who is responsible for data disclosure and processing?
takomat GmbH (Neptunplatz 6b, 50823 Cologne, Germany) is responsible for the collection and processing of your data. The data protection officer is Mr. Lars Maria Schnatmann.
If you have any questions or concerns, please feel free to contact us at concierge@takomat.com
Information we collect
We automatically collect certain information for statistical purposes anonymously when using estimateX. This information includes * When and how long you use the app * If and how long they are logged in * The IP address of the device with which you access estimateX.
User account
You do not need to provide any additional information to use the app. However, some features require you to register a estimateX account and provide the following additional information:
* Email address
* Your name e.g. the first name
Without these data no personal account can be created. We use the email address solely to recover your password, confirm your account, and notify you of changes to this Privacy Policy.
Upload of artworks
When an artwork is created, the following data is also transmitted to the Takomat servers and stored.* The selected or photographed image
* The name of the artist
* A description of the image
* The user account that uploaded this artwork
We reserve the right to remove artworks from the app at any time without giving reasons and to delete the uploaded data.
Access rights
Memory Access: To select and upload images from the unit's internal memory or external storage media. Camera Access: To take and upload photos. Location Access: To determine the current location on the map.
How we use and share personal information
We collect and use personal data from you to the extent necessary to enable the use of estimateX. We will never share your personal information with third parties except under the following circumstances: * For other users: Information you provide when creating an artwork and your name. * As aggregated data: To create statistical information, we may aggregate personal data with data from similar users. This data will then no longer contain any information that allows conclusions to be drawn about your identity. * If required by law: When we are obliged or required by law, including by court order or similar legal requirements or requests.
Delete your account
You can have your account deleted on request. If you delete your account, all personal data will be deleted and cannot be restored. So please make sure that you secure all your uploaded content before deleting it. Usage data of yours, which are anonymized by estimateX, e.g. statistically processed, are not deleted, because they can no longer be assigned to them. Please note that uninstalling our app will not delete your account.
Information about your data
On written request we will gladly inform you about the data stored about your person.
Security note
estimateX makes every effort to protect user information and to keep your personal information confidential. However, we cannot guarantee the security of the information in your account. Unauthorized access, hardware or software failures, and other factors could compromise the security of our users' information at any time.
Changes to this Privacy Policy
This Privacy Policy may be updated from time to time. We will adjust the effective date at the bottom of this page. Please check this page from time to time to inform you of any changes. If we make material changes to the way your personal information is used, we will notify you by posting a notice on our site or by sending you an email.