Makánal Tech | Terms of Use

TERMS OF USE

Last Updated: 2018-10-27

Thank you for visiting Makanal.eu. Makánal Technológia és Szoftver Fejlesztés Kft. and its affiliates (“Makánal Tech”) provide website features and other products and services to you when you visit our website at Makanal.eu, use Makánal Tech products or services, or use applications or software supplied by Makánal Tech in connection with any of the preceding (collectively, “Makánal Tech Services”). Makánal Tech provides the Makánal Tech Services subject to the following conditions.

By using Makánal Tech Services, you agree to these Terms of Use. Please read them carefully.

We offer a wide range of Makánal Tech Services. Therefore, sometimes additional terms may apply. When you use any Makánal Tech Service, you will also be subject to the guidelines, terms and agreements applicable to the specific Makánal Tech Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Makánal Tech Services.

ELECTRONIC COMMUNICATIONS

You are communicating with us electronically when you use Makánal Tech Services or send e-mails, text messages, and other communications from any electronic device such as desktop computers or mobile communication devices. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notifications, or notices and messages on this website or through the other Makánal Tech Services. You may retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Furthermore, you agree that the above types of communications are intended by us to be confidential and may contain trade secrets or other intellectual property that is not purposed for viewing by other parties other than those to whom the communication is addressed from the point of origin.

You agree that you will not forward or otherwise include or distribute such communications to any other recipients than those addressed initially. In the event you receive such communications in error, you are strongly encouraged to delete the communications immediately and permanently and notify the original sender.

Failure to comply with the terms outlined in this section may be viewed as an intentional action. We reserve the right to pursue criminal and civil proceedings against the infringing party to the fullest extent of any applicable laws.

All content included in or made available through any Makánal Tech Service, such as text, graphics, logos, images, audio and video media, data compilations, and software is the property of Makánal Tech or its content suppliers and protected by Hungary, European Union, and international copyright laws. The collection of all content included in or made available through any Makánal Tech Service is the exclusive property of Makánal Tech and protected by Hungary, European Union, and international copyright laws.

TRADEMARKS

“Makánal Tech” is a tradename in use by Makánal Technológia és Szoftver Fejlesztés Kft. The “Makánal Tech Logo” is a trademark of Makánal Technológia és Szoftver Fejlesztés Kft. Additionally, all graphics, logos, page designs, iconography, scripts, and service names included in or made available through any Makánal Tech Service are trademarks or trade dress of Makánal Tech.

Makánal Tech’s trade dress may not be used in connection with any product or service that is not Makánal Tech’s, in any manner that is likely to confuse customers, or in any way that disparages or discredits Makánal Tech. All other trademarks not owned by Makánal Tech that appear in any Makánal Tech Service are the property of their respective owners, who may or may not be affiliated with, connected to, or endorsed by Makánal Tech.

PATENTS

One or more patents owned by Makánal Tech may apply to the Makánal Tech Services. Portions of the Makánal Tech Services may operate under the license of one or more patents.

GRANT OF LICENSE

Subject to your compliance with these Terms of Use and any Service Terms, and your payment of any applicable fees, Makánal Tech or its content providers grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and use of the Makánal Tech Services as intended. This license does not include any resale or commercial use of any Makánal Tech Service, or its contents; any collection or use of any information published or presented; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms of Use or any Service Terms are reserved and retained by Makánal Tech or its licensors, suppliers, publishers, rightsholders, or other content providers. No Makánal Tech Service, nor any part of any Makánal Tech Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the consent of Makánal Tech in writing.

You may not frame or utilise framing technologies to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Makánal Tech without the consent of Makánal Tech in writing. You may not use any meta tags or any other “hidden text” utilising Makánal Tech’s name or trademarks without the consent of Makánal Tech in writing.

You may use the Makánal Tech Services only as permitted by law. The licenses granted by Makánal Tech terminate if you do not comply with these Terms of Use or any Service Terms.

YOUR ACCOUNT

You may need to establish an account with Makánal Tech to use some Makánal Tech Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

Makánal Tech Services are available only to individuals of at least eighteen years of age. Some Makánal Tech Services may impose a higher age limit and other constraints in some countries. Makánal Tech reserves the right to refuse service, terminate accounts, terminate your rights to use Makánal Tech Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties, or otherwise objectionable. You may only post or submit content so long as it does not consist of or contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Makánal Tech reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

If you post content or submit material, and unless we indicate otherwise, you grant Makánal Tech a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Makánal Tech and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Makánal Tech for all claims resulting from content you supply. Makánal Tech has the right but not the obligation to monitor and edit or remove any activity or content. Makánal Tech takes no responsibility and assumes no liability for any content posted by you or any third party.

PAYMENT METHODS

Some limits apply to the use of credit and debit cards when making payments to Makánal Tech. We may, at our sole discretion, require payment by bank wire instead of a credit or debit card payment, typically for large amounts, or in any other scenario where we deem a credit or debit card payment is not suitable.

When credit or debit card payments are permitted, we generally charge your credit card on the Hungarian business day closest to the date of invoicing or due date if payment terms apply.

For premier accounts, Makánal Tech may require funds held on deposit or in escrow according to the Service Terms or Letter of Engagement.

APP PERMISSIONS

When you use apps created by Makánal Tech, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

SANCTIONS AND EXPORT POLICY

You may not use any Makánal Tech Service if you are the subject of any EU or UN financial sanctions or of sanctions imposed by the governments of the country where you are using Makánal Tech Services. You must comply with all export and re-export restrictions that may apply to goods, software (including Makánal Tech Software), technology, and services.

For a list of international financial sanctions, please see https://www.sanctionsmap.eu.

THIRD-PARTY SERVICES AND CONTENT

We may recommend or provide links to the sites of affiliated companies and other third-party services. If you purchase any of the products or services offered by these businesses or individuals, you are buying directly from those third parties; not from Makánal Tech. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content on their websites). Makánal Tech does not assume any responsibility or liability for the actions, product, and content of all these or any other third parties. You should carefully review their privacy statements and other conditions of use.

TERMS CONCERNING SOFTWARE

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Makánal Tech Services (the “Makánal Tech Software”).

Use of the Makánal Tech Software. You may use Makánal Tech Software solely for purposes of enabling you to use the Makánal Tech Services as provided by Makánal Tech, and as permitted by these Terms of Use and any Service Terms. You may not incorporate any portion of the Makánal Tech Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any right to, or license the Makánal Tech Software in whole or in part. All software used in any Makánal Tech Service is the property of Makánal Tech or its software suppliers and is protected by international copyright laws.
Use of Third-Party Services. When you use the Makánal Tech Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Makánal Tech Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Makánal Tech Software at any time and without notice to you.
Conflicts. In the event of any conflict between these Terms of Use and any other Makánal Tech or third-party terms applicable to any portion of Makánal Tech Software, such as open-source license terms, such other terms will control as to that portion of the Makánal Tech Software and the extent of the conflict.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE MAKÁNAL TECH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAKÁNAL TECH SERVICES ARE PROVIDED BY MAKÁNAL TECH ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. MAKÁNAL TECH MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MAKÁNAL TECH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAKÁNAL TECH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MAKÁNAL TECH SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, MAKÁNAL TECH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAKÁNAL TECH DOES NOT WARRANT THAT THE MAKÁNAL TECH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MAKÁNAL TECH SERVICES, MAKÁNAL TECH’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MAKÁNAL TECH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, MAKÁNAL TECH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY MAKÁNAL TECH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY MAKÁNAL TECH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

RESOLUTION OF CLAIMS AND DISPUTES

In most cases, we can resolve claims and disputes in a mutually agreeable manner. We strongly encourage you to send an e-mail to service@makanal.eu should you have any grievances to address with us directly. In the event we can not come to an agreeable resolution concerning any dispute or claim relating in any way to your use of any Makánal Tech Service, or to any products or services sold or distributed by Makánal Tech or through Makanal.eu, you agree that your dispute or claim will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. The European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (SI 343/2015) (http://www.irishstatutebook.ie/pdf/2015/en.si.2015.0343.pdf) apply to this agreement.

Arbitration uses a neutral third party to hear a dispute between parties. The hearing is informal. The parties must mutually select the arbitrator. The arbitrator is retained to determine how to settle disputes. The decision is final and legally binding on the parties. Arbitration is more cost effective and efficient than litigation. An arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered corporate seat, Makánal Technológia és Szoftver Fejlesztés Kft., Cserhát utca 5. pszt. 1., 1078 Budapest, Hungary. You may choose to have the arbitration conducted by telephone or video conference based on written submissions or in person in the country where you live or at another mutually agreed upon location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or any other misuse of intellectual property rights.

APPLICABLE LAW

By using any Makánal Tech Service, you agree that the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015 (SI 343/2015), laws of Hungary, and the laws of the European Union, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you an Makánal Tech.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of Makánal Tech Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR COMPANY DETAILS

Makánal Technológia és Szoftver Fejlesztés Kft.
1078 Budapest
Cserhát utca 5. pszt. 1.
Hungary

EUID: HUOCCSZ.01-09-292771
EU VAT ID: HU25854617

E-mail: service@makanal.eu

Telephone: +36 1 408 8507