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Merge pull request #2 from joaopgrassi/feat/tnc-integrators
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Added the Terms and Conditions for Integrators.
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minichma committed Aug 19, 2019
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## Directory Structure
* `pp` contains Tapkey's Privacy Policy
* `tnc` contains Tapkey's Terms and Conditions
* `tnc_integrators` contains Tapkey's Terms and Conditions for parties that wish to integrate with Tapkey products
31 changes: 31 additions & 0 deletions tnc_integrators/en.html
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<header>
<h1>Terms of Service for Integrators (BETA)</h1>
</header>
<main>
<h2><b>1 General</b></h2>

<p>1.1 The Tapkey Integrator License Agreement (<strong>“Agreement”</strong>) is closed between Tapkey GmbH (<strong>“Licensor”</strong>) and the integrator (<strong>“Licensee”</strong>). Licensor or Licensee each individually being a <strong>“Party”</strong>, together with the <strong>“Parties”</strong>.</p>
<p>1.2 The Licensor has developed a software platform for Smartphone-based access control (<strong>“Tapkey Platform”</strong>). The platform includes the Tapkey Management API (<strong>“Management API”</strong>) and the Tapkey Mobile SDK (<strong>“Mobile SDK”</strong>).</p>
<p>1.3 The Licensor provides those two products as a bundle (<strong>“Integrator Products”</strong>) to the Licensee to enable the development of individual software solutions. </p>
<p>1.4 The Tapkey Trust Service (<strong>“Trust Service”</strong>) is a cloud-based backend centrally operated and maintained by the Licensor. Use of the Mobile SDK is only permitted in conjunction with the Trust Service. </p>
<p>1.5 The Licensee is developing specific software solutions used by its own customers (<strong>"Integrator Solution"</strong>) and is interested to integrate with the Tapkey Platform to enhance its own offering by Smartphone-based access capabilities.</p>

<h2><b>2 Special Terms and Conditions for the Mobile SDK</b></h2>
<p>2.1 As of today, the Licensor provides the Mobile SDK only for non-productive evaluation purpose, without any warranty, without guaranteed software support, and without any service level agreement unless agreed otherwise in an individual integrator business contract signed by both, Licensor and Licensee. Subject to change.</p>
<p>2.2 In the spirit of proactive communication, the Licensor hereby gives notice of introducing a fee-based model for the application of the Integrator Products in the near future.</p>

<h2><b>3 Special Terms and Conditions for the Management API</b></h2>
<p>3.1 As of today, the Licensor allows usage of the Management API for non-commercial use at no extra charge. Any other license or service fees required to pay to operate Tapkey-enabled devices (e.g. Smartphone User Packages or any other fee-based features provided in the future) remain unaffected thereby.</p>

<h2><b>4 Miscellaneous</b></h2>
<p>4.1 The licensee acknowledges that any data transferred from the Integrator Solution to the Tapkey Platform shall not contain any personalized data.</p>
<p>4.2 The licensee shall be solely responsible to comply with any governmental and regulatory rules with regard to data protection against consumers of the Integrator Solution. (e.g. Compliance with GDPR)</p>
<p>4.3 The licensee shall indemnify the Licensor for all claims raised by third parties (e.g. consumers of the Integrator Solution) as a result of an infringement of their rights by the Licensee</p>

<h2><b>5 Changes to this T&amp;C</b></h2>
<p>5.1 Tapkey reserves the right to amend these T&amp;C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, for customer service-reasons, or to comply with judicial or administrative measures. At any time, the then-current version of these T&amp;C is available for viewing on the Tapkey platform.</p>

<h2><b>6 Place of Jurisdiction</b></h2>
<p>6.1 These T&amp;C and all contractual relations and litigation between Licensor and Licensee shall be governed by Austrian law, excluding the conflict of law provisions of the United Nations Convention on Contracts for the International Sale of Goods.</p>
<p>6.2 Place of delivery and exclusive court of jurisdiction shall be Vienna, Austria.</p>
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