In the following document service refers to the use of online product developed by controltrix. Service in the following document does not pertain to consulting service which are also provided by the controltrix corp. By registering, accessing or using any services developed, operated, maintained or hosted by controltrix corp. including all websites and IP addresses available at and configured for use at http://www.controltrix.com, ("Service"), you agree to be bound to the following terms and conditions ("Terms of Service.") and you agree that it is enforceable as if it were a written negotiated agreement signed by controltrix corp and you.
Controltrix Corp, in its sole discretion, reserves the right to revise, update and change the Terms of Service from time to time without notice to you, and you agree to be bound by such modifications or revisions. Any new features that augment or enhance the current Service, including the release of new features and resources, shall be subject to the Terms of Service. You agree to use the Service at your own risk and you understand that Controltrix corp cannot be responsible for the Content posted on the Service. Controltrix corp makes no claim about the suitability of generated code or coefficients. These are meant for indication only. The onus of getting it up and running testing it on your or any third party system and hardware lies with You. OUTPUT generated as output by TrixBox or any controltrix software will always be in "AS IS" state. NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE APPLY TO THIS OUTPUT, ITS INTERACTION WITH OTHER DEVICES OR PRODUCTS, COMBINATION WITH ANY OTHER PRODUCTS, OR USE IN ANY APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT, IN NO EVENT, SHALL CONTROLTRIX CORP BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY, INDEMNITY, CONTRIBUTION, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSS, DAMAGE, FOR COST OR EXPENSE OF ANY KIND WHATSOEVER RELATED TO THE CODE, HOWSOEVER CAUSED, EVEN IF CONTROLTRIX HAS BEEN ADVISED OF THE POSSIBILITY OR THE DAMAGES ARE FORESEEABLE. TO THE FULLEST EXTENT ALLOWABLE BY LAW, CONTROLTRIX CORP TOTAL LIABILITY ON ALL CLAIMS IN ANY WAY RELATED TO THIS OUTPUT, SHALL NOT EXCEED THE PRICE YOU PAID DIRECTLY TO MICROCHIP SPECIFICALLY TO HAVE THIS OUTPUT DEVELOPED. You agree that you are solely responsible for testing the OUTPUT and determining its suitability. CONTROLTRIX CORP has no obligation to modify, test, certify, or support the OUTPUT. You can review the most current version of the Terms of Service at any time at http://controltrix.com/topbar/tos.htm BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
Controltrix corp. operates a web-based control system design and OUTPUT generation tool software called TrixBox. More information is available at www.controltrix.com
Login to your account may only be used by one person - a single login shared by multiple people is not permitted. One person or legal entity may not maintain more than one free account. You agree not to share your username and password with other people. You are responsible for maintaining the confidentiality of your Service account and password. It is your responsibility to notify controltrix if you believe your username or password have been compromised or used in an unauthorized manner. Controltrix assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password.
You are responsible for all Content posted and activity that occurs under your account and under the other accounts that are created on the Service. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law; use the Service for any fraudulent or inappropriate purpose.
You may not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Controltrix. Controltrix may modify, suspend or discontinue this Service at any time, for any reason, at its sole discretion. Controltrix reserves the right to refuse service to anyone for any reason at any time.
Controltrix claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to the Service.
Presently the product TrixBox is or will be released in beta version and it will be free. The terms of conditions for paid plans pertain to future or as and when they become applicable. A valid credit card is required for paying accounts, unless otherwise specified. Free accounts are not required to provide a credit card number. The free account entitles new, registered users/entities to a free trial usage of the Service. It is provided at no cost to the user/entity. While using the free account,Controltrix corp may restrict the length of time, number of days, storage limits, page views, number of and owned by the user.Controltrix corp reserves the right to change the terms, cost and duration of the Free or any other Plans at any time. If the user desires additional services beyond the scope and limitations of the free account, then the user must subscribe to the Service as a paying customer.
The service is billed in advance on a monthly or a yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.Controltrix corp reserves the right to terminate or suspend an account for non-payment of subscription dues.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Controltrix does not accept any liability of loss of Content by downgrading your Service.Controltrix corp reserves the right to change Service fees upon 30 days notice. Such notice may be provided at any time by posting the changes to the Controltrix Site (Controltrix.com) or the Service itself.
You are solely responsible for properly canceling your account. You may cancel your account at anytime by writing to us at support@controltrix.com. There is no cancellation fee. All of your Content will be immediately deleted from the Service upon cancellation. Once your account is cancelled, your Content cannot be recovered.
There will be no refund if you cancel the Service before the end of your current, paid-up month or year, and you will not be charged or billed thereafter.
controltrix may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account.Controltrix corp reserves the right to refuse service to anyone for any reason at any time. Accounts that are idle (not loggedin) for more than 3 months (90 days) will be removed permanently from our servers.
You agree that Controltrix corp owns all rights to the , databases, visual-design and layout of the Service. Controltrix corp claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. You may not use any robot, spider, other automated device, or manual process to monitor or copy any Content from the Service. You may not resell, duplicate or reproduce or exploit any part of the Service without the written consent permission of Controltrix corp. You may not duplicate, copy, or reuse any portion of the visual design or layout of the Service without the written consent permission ofControltrix corp.
Controltrix does not warrant that:
the Service will meet your requirements or expectations.
the Service will be uninterrupted, timely, secure, bug or error-free.
the calculations performed by the Service are accurate.
any errors or bugs in the Service will be corrected.
You expressly understand and agree that Controltrix corp shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even ifControltrix corp has been advised of the possibility of such damages), resulting from your usage of the Service.
Your use of the Service is at your sole risk. You acknowledge, understand and agree that Controltrix corp provides the Service to you "As Is" and "As Available" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement.
Technical support is only provided to paying account holders and is available as per the terms of your account.
You understand that Controltrix corp uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run and manage the Service
You acknowledge, understand and agree that Controltrix corp cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated, linked to, or partnered with the Service orControltrix corp.
Verbal, physical, written or other abuse of any Controltrix corp customer, employee, member, or officer will result in immediate account termination and legal action
You must not upload, post, or transmit unsolicited email or "spam" messages or otherwise any material that is illegal, pornographic, abusive or obscene
You agree to defend, indemnify, and hold harmless Controltrix corp, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
Controltrix respects the privacy of its users. Please read our Privacy Statement at http://controltrix.com/privacy/privacy.htm, which forms part of these Terms.
You agree to receive administrative and legal notices about the Service electronically via email or snail mail.
Controltrix may send you a hard copy of this agreement to get an official, authorized signature.
The failure ofControltrix corp to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Controltrix corp and govern your use of the Service, superceding any prior agreements between you and Controltrix corp (including, but not limited to, any prior versions of the Terms of Service).
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Controltrix corp at support@controltrix.com.