Privacy Policy

Last updated: June 31, 2020

Code Consulting Ltd (AbleLib or “we”) respects the privacy of its users (“you”) and has developed this privacy policy (“Privacy Policy”) to demonstrate its commitment to protecting your privacy. During the course of our activities we will collect, store and process data about you. The use and share of your data by us and your choices about such processes are described in this Privacy Policy. Please read this document carefully before you use our website, software, applications, our official social media pages that we control, or other mobile interactive features (each our “Service”, together our “Services”).

If you have any questions or concerns regarding this Privacy Policy, please contact us by email: support@ablelib.com.

Data We May Collect and How We Use It

By agreeing to our Privacy Policy, we may collect, store, retain, parse and process:

“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

Product Development Support

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.

Technical Support

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.

To optimize your experience while you are using our Services, we collect data by using cookies. We use Cookies to automatically collect certain Other Data such as the browser and device you are using, the hostname, the website that has referred you to us, language, settings, etc. Cookies are small text files that are stored on your browser or device. They are used in various ways, e.g. to analyze users’ behavior on a website or for personalization reasons based on the user’s preferences.

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:

Facebook

Google

Twitter

LinkedIn

Google Play

Apple

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.

AbleLib Web Services

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.

How We Use Collected Data

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.

All Personal Data collected will only be processed by our employees to the extent needed except otherwise explained in this Privacy Policy. Personal Data will not be disclosed to third parties unless it is necessary for execution of your order, in particular for delivery of products or services by logistic partners, for investigating your credit status and the handling of payments, if you have granted us permission to do so or if the disclosure is permitted by law. By handling of payments, we use and protect your data with respect to and in compliance with the PCI DSS 3.1 standards by the PCI Security Standards Council.

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 support@ablelib.com.

Third Party Subprocessors

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.

Data Retention

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.

Right to Information

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 support@ablelib.com.

Data Protection

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.

Use of Our Website by Minors

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.

Changes to This Privacy Policy

We may change this Privacy Policy at any time. All changes will be published on this site. Any changes to this Privacy Policy will become effective when we publish the revised Privacy Policy on our website. Your use of our website following these changes means that you accept the revised Privacy Policy. Therefore, we ask you to review our Privacy Policy from time to time.

Data Subject Request

You may inquire as to your data subject rights, revoke your consent to this Privacy Policy as well as other rights such as the processing of your Personal Data in the future at any time by sending an email to support@ablelib.com.

Terms and Conditions

Last updated: June 31, 2020

Applicability, Amendments and Modifications

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.

Software Support 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.

Terms of Payment

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.

Place of Delivery

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.

Delivery Dates

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.

License and Intellectual Property Rights

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.

Confidential Information

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.

Warranty

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 support@ablelib.com 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.

Limitation of Liability

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.

Data Privacy

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.

AbleLib’s privacy policy, as amended from time to time, is hereby incorporated by this reference and made an integral part of these Conditions.

Miscellaneous

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.

Subscriptions

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.

Free Trial

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.

Fee Changes

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.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Intellectual Property

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.

Links To Other Web Sites

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.

Termination

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.

Limitation Of Liability

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.

Disclaimer

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.

Governing Law

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.

Changes

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.

General Data Protection Regulation (GDPR)

Last updated: June 31, 2020

Overview

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.

How can AbleLib help address requests from Data Subjects?

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.

Where can I find out more?

If you have any questions or concerns specifically related to GDPR or how AbleLib handles privacy & security of the data it collects, please view our privacy policy or reach out to us at support@ablelib.com.

User Evaluation License Agreement

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.

1. Scope of Application of the Agreement
   1. This Agreement is a legal agreement between Licensee and Licensor as defined above herein. The Licensee and Licensor each being a "Party" and together the "Parties".
   2. Licensor has developed, owns and licenses the Licensed Technology which is implemented as a software library, server backend, or client side application to be linked to, integrated, or used in software products to be developed by Licensee and to be installed and executed on mobile devices, backend servers and/or on the web.
   3. By downloading, installing, copying, or otherwise using Licensed Technology, Licensee is accepting the terms of this Agreement, agrees to be bound by the terms of this Agreement and acknowledges and confirms that Licensee has read, understood and agreed to comply with all terms, conditions and notices contained in or referenced by this Agreement.
   4. If Licensee does not agree to be bound by the terms of this Agreement (including the documents referenced herein), no agreement shall exist between Licensee and Licensor in relation to Licensed Technology. In this case Licensee must not install, copy, or use in any other way or make available Licensed Technology.
2. Software Description
   1. Licensed Technology is implemented as a software library providing diverse functions and procedures to be used for the development of software applications to be executed on mobile devices, backend servers and/or on the web ("Derived Works"). Therefore, Licensed Technology is designed as a software package (library) to be included in Licensee’s software development environment in order to develop Derived Works. Such Derived Works may then be compiled to an executable binary application. For this compilation, Licensed Technology has to be statically linked to a software application developed by or for Licensee, in order to create the final version of this software application in the form of one binary file ("Licensee Application"). In order to enable Licensee to use Licensed Technology, Licensor provides detailed documentation and description of the interfaces.
3. Grant of License and Redistribution
   1. Licensor grants to Licensee certain personal, revocable, non-exclusive, non-assignable and non-transferable rights to use the Licensed Technology limited by the terms of this Agreement (the "License"). Licensor shall supply one copy of Licensed Technology to Licensee by making it available to Licensee via an electronic download pursuant to section 4 of this Agreement. Licensed Technology is licensed and not sold to Licensee. Licensee may only use the Licensed Technology pursuant to the terms of this Agreement, and Licensor reserves all rights not expressly granted to Licensee herein.
   2. LICENSEE MAY ONLY USE LICENSED TECHNOLOGY FOR EVALUATION PURPOSES, WITH A VIEW TO PURCHASING A FULL COMMERCIAL DEVELOPMENT LICENSE. IN ALL CASES, LICENSED TECHNOLOGY'S OBJECT CODE MAY NOT BE SUBMITTED TO APPLE'S APP STORE, GOOGLE’S PLAY STORE, ANY THIRD PARTY WHATSOEVER, OR MADE AVAILABLE ON ANY WEBSITE, PRIVATE OR PUBLIC, OR USED IN PRODUCTION. ANY REDISTRIBUTION OF LICENSED TECHNOLOGY IN EITHER SOURCE OR BINARY FORM IS STRICTLY PROHIBITED.
   3. ANY DISTRIBUTION OR MAKING AVAILABLE OF DERIVED WORKS OR LICENSEE APPLICATIONS TO LICENSEE'S END USERS IS STRICTLY PROHIBITED.
   4. ANY REDISTRIBUTION OF SOURCE OR HEADER FILES IS STRICTLY PROHIBITED.
4. Delivery and Updates Licensor will make available Licensed Technology to Licensee via electronic download. Further, Licensor may make available updates and error corrections or updated versions of Licensed Technology (collectively, “Updates”) to Licensee. Licensor will under no circumstances be obliged to develop Updates or upgrades of Licensed Technology or provide any support or maintenance services to Licensee.
5. Duration and Termination of Agreement and Maintenance
   1. This Agreement shall automatically expire and terminate following the execution of a commercial license agreement between the Parties. Notwithstanding, Licensor may terminate this Agreement at any time for any reason whatsoever without providing any prior notice to Licensee.
   2. In the case of a material breach of this Agreement by Licensee, Licensor shall have the right to terminate the Agreement for cause immediately and without providing any prior notice to Licensee. Valid reasons for termination for cause, include, but are not limited to, non-compliance by Licensee with any provision of this Agreement.
   3. Upon termination of this Agreement, Licensee shall remove all Licensed Technology in full from its software development environment and remove/delete any and all corresponding files.
6. Warranty and Limitation of Liability
   1. Licensee expressly acknowledges and agrees that:
      1. LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
      2. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFACTORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
      3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
   2. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
      1. LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
      2. LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIENCIES AND INTERRUPTIONS OR WORK ACCURATELY;
      3. THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
      4. ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
   3. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR 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 IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARISING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR (II) OTHERWISE RESULTING FROM LICENSED TECHNOLOGY. FURTHER, LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED TECHNOLOGY, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA.
   4. Licensor is not aware of any rights of third parties which oppose the utilization purposes of Licensee in relation to the Licensed Technology. Licensor is not liable, however, for the Licensed Technology and the licensed know-how being free of rights of third parties.
   5. Licensed Technology’s source code contains and uses source code developed and owned by third parties according to specific license agreements.
   6. Nothing herein shall be construed as a warranty or representation that products made with Licensed Technology will meet any safety, performance or other standards, whether imposed by any instrumentality of government or otherwise. Licensor makes no representations or warranties of any kind, either express or implied, and assumes no responsibilities whatever with respect to manufacture or use by Licensee of products made with or derived from methods employed with Licensed Technology.
   7. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS.
7. Proprietary Rights
   1. Reservation of Rights. Except for the rights expressly granted herein, all rights, titles and interests to any and all proprietary rights and intellectual property rights, including but not limited to copyright and patent rights, in the Licensed Technology including, without limitation, the underlying software, the Software, the Use Data, the Anonymous Data and the Aggregated Data will remain with and be the exclusive property of AbleLib.
   2. Customer Data. Except for the rights expressly granted herein, all rights, titles and interests to any and all proprietary rights and intellectual property rights in all the data or information submitted by or on behalf of Licensee to AbleLib (the ”Customer Data”), will remain with and be the exclusive property of Licensee. Customer Data is deemed the Confidential Information of Licensee under this Agreement.
   3. Use Data. Licensee acknowledges and agrees that AbleLib may derive or create data and information about the use of the Licensed Technology by Licensee and its Users ("Use Data") and AbleLib may use and disclose Use Data to its third party service providers in order to improve the Licensed Technology.
   4. Anonymous Data. Licensee hereby grants to AbleLib a non-exclusive, fully paid, world-wide and irrevocable license to use Customer Data as required to provide the Licensed Technology, and to copy, anonymize, aggregate, process and display Customer Data, to derive anonymous statistical and usage data related to the Licensed Technology ("Anonymous Data") to compile, combine or incorporate such Anonymous Data with or into other similar data and information available, derived or obtained from other clients, customers, licensees or users of AbleLib, or otherwise (collectively, Anonymous Data and such compiled, combined or incorporated data and information shall be referred to as "Aggregate Data"), to permit AbleLib to provide additional services to its customers, including the copying, publication, distribution, display, licensing or sale of Aggregate Data and related or similar other statistics or data to third parties pursuant to a separate licensing or services arrangement or agreement. AbleLib will be the owner of all right, title and interest in and to Anonymous Data and Aggregate Data. Licensee's grant of license to copy, anonymize, aggregate, process, use and display Customer Data and Use Data shall survive the expiry or termination of this Agreement.
   5. Preservation of Notice. Licensee shall not remove, efface or obscure any copyright notices or other proprietary notices from Licensed Technology or materials provided under this Agreement.
8. Relevant Communications
   1. All relevant notifications concerning this Agreement are to be carried out in writing to the email address given, provided no other form is mandatory by law. A notification via fax or e-mail shall be deemed to be given as in writing.
   2. Each Party is obligated to notify the other Party of any changes in their contact addresses. Otherwise, notifications to email address given are deemed to be delivered.
9. Governing Law and Place of Jurisdiction
   1. This Agreement and any non-contractual obligations arising out of or in relation to this Agreement shall be governed by, and construed in accordance with, the laws of Croatia, without reference to or application of any conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
   2. The courts of Vukovar, Croatia shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or in connection with this Agreement). Both Parties hereby submit to the personal jurisdiction of such court and waive any such jurisdictional arguments to the contrary.
10. Miscellaneous
    1. This Agreement constitutes the complete and exclusive understanding and agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. Licensee agrees that additional or different terms from any other previous oral or written discussions or negotiations shall not apply. Failure to enforce any provision of this Agreement shall not constitute a waiver of future enforcement of that or any other provision.
    2. Any waiver, modification or amendment of this Agreement must be made in writing and signed by authorized representatives of the parties. This does also apply to a deviation of this writing requirement.
    3. This Agreement is personal to Licensee and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving Licensee) without Licensor’s prior written consent and any action or conduct in violation of the foregoing shall be void and without effect. Licensor expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder.
    4. Licensor and Licensee are independent parties. Nothing in this Agreement will be construed to make either party an agent, employee, franchisee, joint venture or legal representative of the other party.
    5. Should any provision of this Agreement be invalid or become invalid or should this Agreement contain an omission, then the legal effect of the other provisions shall not be affected hereby. Instead of an invalid provision, a valid provision is deemed to have been agreed upon which comes closest to what the parties intended commercially. The same applies in case of an omission.
    6. Licensor or any future maintainer of Licensed Technology is permitted to list and disclose Licensee’s name and/or company and those products of the Licensee including Licensed Technology on Licensor’s product website and related material.