Last updated: June 31, 2020
“Personal Data” meaning information that identifies you as an individual, such as your name, user name, title, postal address (including billing and shipping addresses), telephone number (including home and mobile phone numbers), email address, IP address, company you work for and their address, credit and debit card number, avatar picture, gender, country of residence, signature, and non-personally identifiable data (“Other Data”), meaning any information that does not reveal your specific identity, such as: device information, license ID and type, app version and bundle ID, language used, server log file information, the name of your host or the domain name of the website that referred you to ours, app & SDK usage data, site data, demographic information, information collected through cookies, anonymous app usage data and other information provided by you.
At activation of the app as a technical requirement to run the service we collect the following Other Data:
Model and version of the device used Device ID, name, model License ID and type Operating System version and uptime App version and Bundle ID Language used
In order to improve our products, we collect non-personal behavioral framework events. The purpose of such information is for us to gauge the frequency of use so that we can help prioritize development improvements. We use Google Firebase to collect and store the information. As we only use this data for statistical analysis and development improvement, we do not combine it with other data or information.
For the purpose of providing support for our SDK we collect and store your email address as well as any additional information that is included in support requests. As a means to properly deal with incoming support requests, we may need to use the submitted information (email address) to contact you in order to gain further information, if necessary.
We may collect Personal Data and Other Data you provide us with or which we obtain from your device or activities by using our Services, e.g. through our website, subscribing to our mailing lists, contacting our customer service and other sources like social media platforms.
In the section above, we have explained which tools we use exactly and how you can either delete them if they are already placed on your computer or decline their use. However, you might not be able to use some features of our Services properly if you decide to block or delete cookies.
We may place links and plug-ins from plug-in providers such as Facebook, Google, YouTube, Twitter, LinkedIn, Intercom, Google Play Store, Apple Store, or certain media on our website. However, these services may use their own cookies or web beacons to collect information about users who interact with links to their websites.
If you visit our website, your browser connects directly with the servers of plug-in providers and the content of the plug-in may be directly generated and incorporated on our website by your browser. Therefore, plug-in providers may be enabled to track and connect your visit and activities on our website with your profile set on such plug-in provider’s website. Any information about interactions such as comments or the use of “like-buttons” may be directly transmitted to the plug-in providers’ websites and may be stored by the relevant plug-in provider. If you want to avoid such transmission and storage of your data, you may prevent this by logging out of your relevant profiles with plug-in providers before using the plug-in. For further information about the purpose and extent of data usage and processing by plug-in providers on our website, please find the relevant providers’ privacy policies below:
We use all the above obtained data in order to customize and to improve our Services and to evaluate effectiveness of our content, advertising, programming or other activities.
With licensing the AbleLib SDK, we store the email address submitted to us. We may use it to send you important notifications regarding the Service and its use. In addition, we connect your email address with the information we collected at activation of the SDK for support purposes. You agree that with registration to the Service, we may store that email address connected with the information referred to above in our systems in order to serve important notifications regarding the Service and its use and for support purposes. We store your Personal Information with adequate protection. Our servers, on which we store this information, are located within the USA. We generally do not store your Personal Information longer as absolutely necessary to provide the Service to you. At termination of the Service towards you we will delete any Personal Information we collected from you without undue delay, unless further storage of such Information is required for a valid purpose. Please be aware that an encrypted storage of your Personal Information in our back-up system might be necessary for technical reasons for a period of 6 months from the termination of the Service.
We limit the collection of Personal Data and Other Data to the amount required to review, analyze, adapt and improve quality of our Services, products, advertising, customer support, fraud fighting, testing and calibration of our Services, for verification of your eligibility and credit report and to inform you about changes and news to our Services.
In case we buy or sell any business or asset, we may disclose Personal Data to the prospective seller or buyer of such business or assets. Further we may disclose Personal Data to third parties, if we or substantially all of our assets are acquired by a third party and Personal Data will be one of the transferred assets.
We may process and disclose Personal Data in order to comply with any legal obligation, to enforce or apply any contract with you, to protect our legitimate business rights, property, or safety of our employees, customers, or others.
We may combine Personal Data and Other Data we collect with additional data from other sources. We may share Personal Data and Other Data to advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes.
If you subscribe to one of our mailing lists, we will use your email address, name, title and certain Other Data, for providing you with news about our Services. We use this data to keep you up to date about our product development, about the launch of new products, about what we writing about on our blog as well as conferences we attend to, etc. You may unsubscribe from our mailing lists by clicking the unsubscribe button in each of our emails or in your profile settings.
We will only use your data legally. If you believe that we are not using your data in a legal way or wish to inquire about your rights regarding your data you may do so by sending us an email at firstname.lastname@example.org.
AbleLib emails delivered to our email-addresses are stored on servers of Google, Inc., a US-based company. Google, Inc. has bound itself to comply with the Safe Harbor Principles and, therefore, has obliged itself to comply with data protection principles similar to those governing within the EEA. However, according to its own policies, Google, Inc. may store Personal Information on serves of companies or in countries, which do not guarantee for an adequate level of data protection. Based on this information, when sending a message to the e-mail address named above you consent to the disclosure of the Personal Information contained therein to Google, Inc.
We will store your data as long as it is required for our business purposes respectively as it is required by law e.g. for tax and accounting reasons.
Code Consulting Ltd is a Croatian limited liability company with registered office at Hrvatske Nezavisnosti 15, 32 000, Vukovar, Croatia. You may request information about your data which is processed by us. Furthermore, you have the right to have your stored data corrected or deleted, if data is incorrect or has been processed contrary to the provisions of the Data Protection Act. Kindly note that we require proof of your identity before we may answer your request. Please send your request by email email@example.com.
In accordance with the GDPR we will take appropriate security measures to ensure that your Personal Data will not be processed illegally, changed or deleted, duplicated, used by unauthorized third parties and will be prevented from accidental loss or damage. We will implement processes that guarantee the safety of your personal data from the time it is collected until the time it is deleted.
If you are 14 years old or even younger, we will need your parents/ legal guardian’s consent before you submit data via our Services. It is not allowed to submit data without such consent. If we receive any such data, we will stop processing this data as soon as we are informed.
Last updated: June 31, 2020
The party contracting with Code Consulting Ltd (“AbleLib”) shall be referred to as “Customer” for purposes of these general terms and conditions (the “Conditions”). AbleLib and the Customer together are referred to as the “Parties”, each being a “Party”.
Any use of the AbleLib SDKs (the “AbleLib Technology”) by the Customer will at all times be subject to AbleLib’s User License Agreement.
Unless superseded by a separate written agreement between the two parties, these Conditions shall apply to and be binding with regards to all software support services (the “Services”) provided by AbleLib to the Customer. AbleLib hereby expressly rejects any and all of the Customer’s terms and conditions, such rejection to extend to all confirmations or communications made by the Customer which attempt to incorporate the Customer’s terms and conditions by way of reference. The Customer acknowledges and agrees that these Conditions (including any documents referred to herein) will be applicable to all Services provided by AbleLib.
AbleLib reserves the right to modify these Conditions at any time and for any reason; such changes may include, but are not limited to, the imposition of new or additional terms or conditions. Any modification of or amendment to these Conditions shall enter into force and be legally binding upon the Customer upon the expiration of one month following notification provided to the Customer. The amendment notification shall include information concerning the material contents of any amendment as well as a reference that any amendment shall become legally binding after the expiration of one month after the Customer’s receipt of the amendment notification, unless in case of continuous obligations between the Parties (e.g. monthly maintenance activities) the Customer objected to the amendment in writing within such one month period and terminates the contract in respect of the Services.
AbleLib offers licensees of the AbleLib Technology the following Services:
Customizing and integrating the AbleLib Technology according to the Customer’s needs and requirements (the “Customization”), whereupon the Customer does not acquire any right to the source code of the AbleLib Technology or obtain any title thereto. The Customer may perform any Customization only if such Customization is within the scope of documentation made available to the Customer when downloading the AbleLib Technology. In addition, the Customer shall not acquire any right to review, inspect or change the parameter settings developed and blocked by AbleLib in order to customize the AbleLib Technology.
Technical support in the event that there are any questions concerning, or difficulties using, the AbleLib Technology.
Consulting services, especially in relation to the use of the AbleLib Technology or the Individual Software.
The Services shall be performed by AbleLib on the basis of information and documents provided by the Customer. Where necessary, the Customer shall make available test data at the Customer’s own expense and afford AbleLib the opportunity to carry out tests.
In respect of any Customization and/or Individual Software, the Customer shall make available relevant specifications at the Customer’s own expense. The Customer is responsible for the correctness and completeness of such specifications. AbleLib will review the documents and information provided by the Customer and, where reasonably necessary, AbleLib shall make changes in its sole discretion to ensure that the Services can be implemented by AbleLib accordingly. In respect of the agreed specification, AbleLib will provide the Customer with an offer concerning the price and estimated timing for the delivery of the Customization and/or Individual Software (the “Offer”) and, following the Customer’s confirmation of the Offer (the “Confirmed Specification”), AbleLib shall perform the Services on the basis of the Confirmed Specification. Any request by the Customer for any modification of or change to the Confirmed Specification following acceptance of the Offer, if feasible and subject to AbleLib’s acceptance, may result in changes to the Offer, including changes to the estimated deadlines and pricing arrangements. AbleLib is not required to accommodate any request for any modification of or change to the Confirmed Specification until the Customer has confirmed the relevant changes (e.g. to price and deadlines) to the Offer. All time estimations and deadlines are only reasonable guesses as to when work should be completed and by no means are firm or legally enforceable dates. Customer understands and agrees that in software development accurate estimation is nearly impossible and therefore agrees to accept delivery as soon as AbleLib in good faith can provide it.
In regards to the Customization and/or Individual Software, payment of the invoice following complete delivery shall be deemed acceptance by the Customer that the Customization and/or Individual Software conforms with the Confirmed Specification and that the Services were provided by AbleLib as agreed.
Should it prove that AbleLib is not able to complete the Services in accordance with the Confirmed Specification out of factual or legal reasons, AbleLib shall inform the Customer thereof. If the Customer does not adapt the performance specifications accordingly, AbleLib may reject performance of the Services. The Customer shall reimburse AbleLib for any costs already accrued.
Any Service will be charged at the prices agreed to between the Parties in the respective service order and/or other signed written agreement. If the estimated amount of time is exceeded due to the Customer’s fault, Services shall be charged according to actual time spent based on applicable hourly rates conveyed.
Unless agreed otherwise between the Parties, all prices shall be “ex works”, in US Dollars, plus applicable taxes, duties, levies and custom duties as well as reimbursement for all reasonable costs and expenses (e.g. packaging costs, costs of program carriers, costs of transportation and travel expenses, including travel times).
Invoices submitted by AbleLib to the Customer shall be due and payable without deduction within 21 days of invoicing. The Customer may not withhold or set off any payment for any reason whatsoever.
The Customer’s failure to comply with the agreed payment deadlines shall entitle AbleLib to discontinue its work and to withdraw from the contract. If the Customer is behind on payments, the Customer shall pay the statutory default interest. If the Parties agreed on payment by installments and the Customer fails to pay an installment when due, AbleLib may accelerate payment of all outstanding installments.
The place of delivery of AbleLib’s Services shall be the seat of AbleLib in Vukovar, Croatia.
The risk of transporting data and programs in digital form, including the risk of any manipulation of such data and programs, shall be borne by the Customer once AbleLib has made available a download or provided data to the Customer.
Unless expressly otherwise agreed between the Parties, any date or deadline for the delivery or completion of Services shall be deemed non-binding and illustrative. Agreed deadlines for the delivery or completion of Services shall commence on the date of acceptance of the Offer or in the event of any change of the Offer pursuant to section 2.3, Customer’s acceptance of such changed Offer.
AbleLib will endeavor to comply with the targeted deadlines for the delivery or completion of Services to the extent reasonably practicable. However, the delivery or completion dates can only be complied with if the Customer (i) makes available to AbleLib all necessary information and documents and provides necessary preliminary work in due time, and (ii) cooperates with AbleLib to the extent required.
AbleLib is not liable for any delay in delivery and increase in costs resulting from incorrect, incomplete or subsequently changed data and information or other acts or omissions by the Customer. AbleLib will not be held to be in default of its obligations hereunder in the event of such delays in delivery. Any increased costs shall be borne solely by the Customer.
If the provision of Services by AbleLib includes several parts or units (e.g. programs and/or support sessions, completion in stages), AbleLib may make partial deliveries to the Customer and issue partial invoices after delivery of every Service unit or part thereof to the Customer.
All rights, including, without limitation, all intellectual property rights - including source codes, database rights, know-how and trade secrets, in each case whether registered or unregistered (the “Intellectual Property Rights”) developed or created by AbleLib and/or any of its employees and/or subcontractors in connection with the performance of Services shall accrue exclusively to AbleLib, unless expressly agreed otherwise by the Parties on a case-by-case basis.
AbleLib shall grant the Customer a personal, revocable, non-exclusive, non-assignable, non-transferable and non-licensable right to use the Customization against payment of the remuneration agreed to between the Parties, unless expressly otherwise agreed by the Parties on a case-by-case basis.
The Customer shall not remove, efface or obscure any copyright notices or other proprietary notices of AbleLib from any software or materials, including, but not limited to, the Customization provided hereunder.
The Customer may not modify, edit, adapt, reverse-engineer, copy, disassemble, decompile or duplicate in any way the Customization or apply any other technical or logical procedure thereto in order to influence or gain information about its structure, processes, functioning or other protectable attributes.
If AbleLib provides to the Customer open source software, any use thereof shall be subject to the respective licensor’s terms. A list of the open source software used in the respective version of the AbleLib Technology and the relevant license terms will be made available to the Customer when downloading the respective version.
In the context of their business relationship, the Parties shall grant each other access to certain information and materials, including, but not limited to, the business, source codes, trade and business secrets, know-how, data and products of the other Party, that are confidential and of substantial value to such Party (the “Confidential Information”); such value would be impaired if such Confidential Information is disclosed to third parties. The Parties shall maintain and protect the confidentiality of Confidential Information in the same manner in which they protect their own Confidential Information of a similar nature. The Parties will take necessary precautions to protect and maintain the confidentiality and non-disclosure of Confidential Information.
Notwithstanding any other provision hereof, Confidential Information shall not include any information that: (i) is or subsequently becomes public domain through no fault of the disclosing Party; (ii) is already known to the disclosing Party at the time of its disclosure; (iii) is rightfully received by the disclosing Party from a third party without restriction on disclosure; (iv) has demonstrably been developed independently by the disclosing Party.
The Parties’ confidentiality obligation shall survive the end of the Parties’ business relationship and continue for an additional 5 years.
AbleLib warrants that the Services are performed according to best industry standards and that the Customization will fulfill the functions described in the Confirmed Specification.
ABLELIB ONLY ISSUES THE WARRANTIES EXPRESSLY REFERRED TO HEREIN. ABLELIB DISCLAIMS ALL OTHER WARRANTIES, CONFIRMATIONS, GUARANTEES AND REPRESENTATIONS IN RESPECT OF THE CUSTOMIZATION AND/OR INDIVIDUAL SOFTWARE TO THE EXTENT PERMITTED BY LAW. ANY RECOMMENDATION ISSUED OR INFORMATION PROVIDED BY THE LICENSOR SHALL CONSTITUTE A WARRANTY TOWARD THE LICENSEE ONLY IF EXPRESSLY AGREED AS SUCH.
For the purpose of asserting a warranty, the Customer shall (i) immediately provide to AbleLib at firstname.lastname@example.org a detailed description of the defect; and (ii) make available to AbleLib all documents and information necessary to remedy the defect. If there actually is a defect, AbleLib will use reasonable efforts to remedy such defect within a reasonable period of time.
The warranty period shall expire 3 months after performance of the Services and/or delivery of the Customization. Any assumption of deficiency is expressly excluded.
ABLELIB IS ONLY LIABLE FOR ANY DAMAGE CAUSED BY INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE. ANY LIABILITY FOR DAMAGE CAUSED BY SLIGHT NEGLIGENCE IS EXPRESSLY EXCLUDED. ABLELIB DISCLAIMS ANY LIABILITY FOR ANY INDIRECT DAMAGE, LOST PROFIT, CONSEQUENTIAL DAMAGE AND NON-MATERIAL DAMAGE OF ANY KIND. THIS LIMITATION OF ABLELIB’S LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST ABLELIB SHALL BE ASSERTED (I) WITHIN 3 MONTHS OF THE CUSTOMER BECOMING AWARE OF DAMAGE, OTHERWISE THE CLAIM SHALL BE FORFEITED; AND (II) ONLY AGAINST ABLELIB, EXCLUDING ANY PERSONAL LIABILITY OF ALL REPRESENTATIVES, EMPLOYEES AND SUB-CONTRACTORS OF ABLELIB.
IRRESPECTIVE OF THE LEGAL GROUND OF ANY CLAIM, ANY LIABILITY OF ABLELIB TO THE CUSTOMER IN CONNECTION WITH THE SERVICES PROVIDED HEREUNDER SHALL NOT EXCEED THE SUM TOTAL OF PAYMENTS ABLELIB RECEIVED IN AGGREGATE FOR PROVIDING THE RESPECTIVE SERVICE.
The Parties agree to observe any applicable data privacy provisions in connection with the provision of Services hereunder and shall ensure compliance with such provisions by their representatives, employees and any third party attributable to them.
Any individual written agreement between the Parties deviating from these Conditions shall override these Conditions.
If any term hereof is or becomes invalid or if these Conditions have a loophole, this shall not affect the validity of the remaining terms hereof. The invalid term shall be deemed replaced by a valid term which closest reflects the Parties’ original economic intent. This shall also apply to any loophole.
These Conditions shall be governed by and construed in accordance with Croatian law, without giving effect to its conflict of law rules and the UN Sales Convention. All disputes arising from or in connection with these Conditions shall be referred to the court in Vukovar having subject-matter jurisdiction.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or AbleLib cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting AbleLib customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide AbleLib with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize AbleLib to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, AbleLib will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
AbleLib may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by AbleLib until the Free Trial has expired. After the Free Trial period expires, you will be required to purchase a full licence.
At any time and without notice, AbleLib reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
AbleLib, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
AbleLib will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
The Service and its original content, features and functionality are and will remain the exclusive property of AbleLib and its licensors. The Service is protected by copyright, trademark, and other laws of both the Croatia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of AbleLib.
Our Service may contain links to third-party web sites or services that are not owned or controlled by AbleLib.
AbleLib has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that AbleLib shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
In no event shall AbleLib, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
AbleLib its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of Croatia, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. Contact Us
If you have any questions about these Terms, please contact us.
Last updated: June 31, 2020
The European Union’s General Data Protection Regulation (GDPR) is a significant step forward and change in data privacy regulation. Passed on April 26, 2016, GDPR seeks to strengthen and standardize user data privacy across all EU member states by setting forth new and additional obligations to all organizations that interact with EU citizens’ personal data, regardless of where that organization may be located. These obligations become effective on the 25th of May 2018.
AbleLib is fully committed to being in compliance with the GDPR and is currently conducting Privacy Impact Assessments on all of our products and services.
AbleLib is currently developing a process to handle intake, review and process we receive or any customer requests arising from Data Subject Access Requests (DSAR) they receive. As a result of a DSAR, a customer or users of ours might request that AbleLib securely delete or return the Data Subject’s personal data. Since DSAR are inherently very sensitive, such requests will be handled by AbleLib on a case-by-case basis.
Last updated: June 31, 2020
This is a legally binding evaluation license agreement (“Agreement”) between Code Consulting Ltd (“AbleLib” or “Licensor”) and you, which applies to AbleLib Software Development Kits (“SDK”) and/or AbleLib Libraries (collectively the “Licensed Technology”). This Agreement applies to all components and materials we provide as part of the Licensed Technology, and any updates for the Licensed Technology that we may provide. “You”, “you” or “your”, “Licensee” means the person who downloads, installs, accesses, or uses the Licensed Technology (and, if you represent a legal entity, it also means that entity, and you represent and warrant that you are authorized to enter into this Agreement for such entity). In order to evaluate the Licensed Technology, you must first agree to this Agreement. You may not use the Licensed Technology if you do not accept this Agreement.