TERMS AND CONDITIONS
Last updated: August 03, 2021.
TODO1 SERVICES, INC. (“TODO1”), is a company with more than 20 years of experience delivering digital banking solutions around the world’s greatest financial institutions. TODO1 created its Open Service Platform (OSP) that lets banks create secure and easy online experiences that improve lives. Likewise, iuvity is built on TODO1’s Open Service Platform (OSP), and its our mission to connect the banks and financial institutions with their users in a more easy, secure and innovative way.
Please read these Terms and Conditions (“Terms”) carefully before using the www.iuvity.com website, operated by TODO1 SERVICES, INC.
Introduction, Interpretation and Definitions
The words of which the initial letter is capitalized have the meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions (“Terms”):
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to TODO1 SERVICES, INC., with its principal address at 10451 NW 117th Ave, Medley, FL.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Website refers to iuvity, accessible from www.iuvity.com
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Website You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Website.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 200 USD if You haven't purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Intellectual Property Rights
TODO1 reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of TODO1. Company, and “in” logos and other TODO1’s trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of the Company.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Website may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Modifications to these Terms and Conditions
Your continued use of Our Services after We publish or send a notice about Our changes to these Terms means that You are consenting to the updated Terms as of their effective date. If You do not agree to the new terms, in whole or in part, please stop using the Website and/or the Service.
If you have any questions about these Terms and Conditions, You can contact us by email at email@example.com
Data we collect
To request a Demo, You need to provide data including Your name, last name, email address, company name, Your role at such company, the country and region.
We collect personal data from You when You provide or upload it to our Services or Website, such as when You fill out a form, respond to a survey, etc.
Purpose and use of personal information
The communication of personal data by the TODO1’s users through the information collection forms, available at the Website, can only be utilized when users voluntarily use a field or subscription or contact form to communicate with the Company, given that in these cases the data processing is inevitable and implicit in the query system.
In general, and subject to applicable law, we may use Your personal information to provide, fix and improve Our Services/Website, develop new Services, and market our Products and Services.
The following are some examples of how we could use Your personal information:
• Manage the contact list of our Company and attend Your relationship with us by communicating with You and providing You with requested information.
• Market features, products, or special events using email or phone or send You marketing communications about Our products, and Services We think may be of interest to You.
• Create and review data about Our users and how they use our Services.
• Fix problems You may have with Our Services, including answering support questions, and customer education and training.
• Manage the Services platform, including support systems and security.
• In compliance with a service agreement or a contract, to accomplish all the administrative, accounting, fiscal and logistical procedures related to the provision of Services and products of the Company.
• For the legitimate Company’s interest to develop and improve the quality of Our own Products and Services, as well as carrying out statistics, surveys or market studies that may be of interest.
• Use names and email addresses for email marketing purposes, we do so with your consent (which you can withdraw at any time) or, where permitted under applicable law, on the basis of our legitimate interests.
• Prevent, investigate and respond to fraud, unauthorized access to or use of Our Services, breaches of Terms and Policies, or other wrongful behavior.
• Comply with legal obligations.
• Establish, exercise or defend our right in legal claims.
Device, usage information and transactional data
We collect personal information about how You use our Services and the devices You use to access our Services. This may include, but is not limited to, the following:
• IP address.
• Precise geolocation information that You allow to access.
• Unique device identifiers and device attributes, such as operating system and browser type.
• Usage data, such as web log data, referring and exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages and content viewed, the amount of time spent on particular pages, the date(s) and time(s) You used our Website, the frequency of Your use of our Website and other related information.
The Company Will keep Your Personal Data during the term of the service agreement if applicable. Once the agreement ends, Your personal data will be kept duly blocked during the legal prescription periods, which are generally ten (10) years. However, after those 10 years, the data will be destroyed or deleted at Our discretion or according to the law.
If You do not have a contract, an agreement or any kind of relationship with the Company, Your data may be kept for a maximum term of twelve (12) months.
Place of treatment
TODO1 conserves some files with Personal Data for which the Company is responsible (“Files”). The treatment of those Files is carried out at NAP de las Americas of Miami, FL, USA.
Those Files are processed by the Company’s technical personnel, as well as eventual external managers for occasional support and maintenance operations.
For that reason, it is our responsibility to let You know that as long as any user maintain or not a commercial relationship with the Company and send an email or a communication to TODO1, that used will be giving their free, unequivocal and specific consent for the processing of Your personal Data for the purposes stablished in this Policy.
Our Services are not designed for and are not marketed to people under the age of 18 or such other age designated by applicable law (“minors”), however TODO1 is aware that the Website and the Services and products offered on it may be accessed by a minor because of the facilities of the web browsing. Notwithstanding the foregoing, the Company doesn’t allow any operation with the minor’s personal data collected through this Website.
We do not knowingly collect or ask for personal information from minors. We do not knowingly allow minors to use our Services. If you are a minor, please do not use our Services or send us your personal information. We delete personal information that we learn is collected from a minor without verified parental consent. Please contact us at firstname.lastname@example.org if you believe we might have personal information from or about a minor that should be removed from our system.
TODO1 warns the User that except for the existence of a legally constituted representation, no other person can use the identify of another person and communicate their personal data, for this reason, You can only include personal data corresponding to Your own identify and such data should be adequate, relevant, current, accurate and true. For these purposes, users will be solely responsible for any direct and/or indirect damage caused to third parties or to the Company due to the use of personal data of a different person, or their own personal data when its false, not current, or inappropriate.
Likewise, Users who utilize the personal data of a third party, will respond to the latter of the obligation of information established in the current regulations according to the law for when the personal data hasn’t been collected correctly.
The Company informs to You the possibility to access, ask for cancellation, deletion, rectification, limitation of treatment, providing along with their request a copy of the identity document, directing Your request to any of the following:
• Email: email@example.com
• Address: 10451 NW 117 Ave. Medley, FL 33178
Since you are the owner of you Personal Data, you have the right to:
a. Access and consult your personal data included in the Files.
b. You can modify your personal data when its inaccurate.
c. You can request the deletion and/or destruction of your personal data.
The Company informs that it has adopted all the necessary technical and organizational measures to guarantee the security of Personal Data and avoid the alteration, loss, or unauthorized access to this Personal Information. Likewise, TODO1 guarantees the User(s) compliance with the duty of professional secrecy regarding the personal data of clients and the duty to keep them. For more information, you can consult our personal data treatment policy at the following URL www.todo1services.com.
We normally collect or use personal information only where we have your consent to do so, where we need the personal information to perform a contract with you or any kind of relationship, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. If you have questions about or need further information concerning this Policy on which we collect and use your personal information, please contact us at firstname.lastname@example.org