IPSE GO Terms of Use

Last Updated: 2024-05-15

Welcome to IPSE GO!

These IPSE GO Terms of Use ("TERMS") apply to your (CUSTOMER) use of the IPSE GO web platform ("PLATFORM" or "PRODUCT"), operated by SimTech GmbH ("SIMTECH").

These TERMS govern any agreement between SIMTECH and CUSTOMER, whether entered into by using the PLATFORM, execution of order forms or other order documents by SIMTECH and CUSTOMER, or any other form (AGREEMENT). These TERMS shall form an integral part of any AGREEMENT. If CUSTOMER does not agree with these TERMS, CUSTOMER must not use the PLATFORM.

Individual agreements made in writing with CUSTOMER in specific cases (including ancillary agreements, supplementary agreements, and amendments) shall take priority over these TERMS.

1. Acceptance of TERMS

By accessing or using the PLATFORM, the CUSTOMER acknowledges that they have read, understood, and agree to be bound by these TERMS.

2. Changes to TERMS

SIMTECH reserves the right to modify these TERMS at any time. Any changes will be effective immediately upon posting the updated TERMS on the PLATFORM. The CUSTOMER's continued use of the PLATFORM after the posting of revised TERMS constitutes the CUSTOMER's acceptance of such changes.

3. Use of the PLATFORM

In order to use the PLATFORM, a dedicated CUSTOMER account is required.

• Account Registration: The CUSTOMER account is for individual use by the CUSTOMER. This account is personal to the CUSTOMER and cannot be shared with or transferred to others. The CUSTOMER agrees to provide accurate, current, and complete information for the registration process and to update such information to keep it accurate, current, and complete. The CUSTOMER is responsible for safeguarding their account password and for any activities or actions under their account. Failure to comply with these terms may result in the suspension or termination of the CUSTOMER's account.

• Prohibited Conduct: The CUSTOMER agrees not to use the PLATFORM for any unlawful purpose or in any way that could damage, disable, overburden, or impair the PLATFORM. Prohibited conduct includes, but is not limited to:

  • Violating any applicable laws or regulations.
  • Infringing on the intellectual property or other rights of any third party.
  • Attempting to gain unauthorized access to any part of the PLATFORM.
  • Engaging in any activity that could interfere with the security or functionality of the PLATFORM.

4. Warranty

SIMTECH warrants that the PLATFORM will perform substantially in accordance with the specifications and will be available for at least 98 percent of the time.

5. Disclaimers and Limitation of Liability

SIMTECH's entire liability and CUSTOMER's exclusive remedy shall be, at SIMTECH's option, either (a) to return the price paid or (b) to extend the license period by the amount of time that the PLATFORM does not meet SIMTECH's Limited Warranty. This Limited Warranty is void if the failure of the PLATFORM results from accident, abuse, or misapplication.

• Limitation of Liability: To the fullest extent permitted by applicable law, SIMTECH will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) the CUSTOMER's use or inability to use the PLATFORM; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our PLATFORM by any third party; or (iv) any errors or omissions in any content or for any loss or damage incurred as a result of the CUSTOMER's use of any content posted, emailed, transmitted, or otherwise made available through the PLATFORM.

6. Indemnification

The CUSTOMER agrees to indemnify, defend, and hold harmless SIMTECH, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the CUSTOMER's access to or use of the PLATFORM or their violation of these TERMS.

7. Governing Law

These TERMS shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles. The CUSTOMER agrees to submit to the personal and exclusive jurisdiction of the courts located within Graz, Austria to resolve any dispute or claim arising from these TERMS or the CUSTOMER's use of the PLATFORM.

8. Contact Us

If you have any questions about these TERMS, please contact us at:

SimTech GmbH
Riesstrasse 120
Graz, Austria
info@simtechnology.com