Terms of Use

Introduction and Acceptance of the Agreement

This “Terms of Use” (Effective date January/01/2021) is a legally binding agreement between you (“you” and “your”) and TDG Corporation. (“Ecosh”, “TDG Corporation”, “company”, “we” and “our”)

Our terms of use set forth your rights and obligations with respect to your use of any version of the Ecosh and its related services.

By using Ecosh and our other services related to Ecosh, you are indicating that you have read these terms of use and our Privacy Policy, and you understand, you consent to be bound by all the terms and conditions set forth herein.

If you do not agree to all of the terms contained in these terms of use and our Privacy Policy, you should not use Ecosh and its related services.

Privacy Policy

Certain registration information and other information about you may be collected by Ecosh. Our use of this information is governed by Ecosh Privacy Policy.

Intellectual Property Rights and License

Ecosh and all of its related contents, features and functionality (including but not limited to software, website, website url, texts, displays, images, logos, video and audio, design, data and all information) are owned by TDG Corporation and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with the Terms and applicable law, you may access and use the Ecosh and its related services that we make available, and that you license from us. Your license(s) expire at the end of the term set forth in your order document. The version(s) of the Ecosh and its related services available at your renewal date may be different from the version(s) available when you first purchased your license(s) from us. You agree that your decision to use or purchase software or services is not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by us regarding future functionality or features.

License described herein only contains the right to access to and use of the Ecosh and its related services. We remain the sole owner of all right, title, and interest on the Ecosh and its related services.  Except as stated herein, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the Ecosh and its related services.. We reserve all rights not granted under the Terms. 

Limitation of Liability and Disclaimers

You expressly understand and agree that:

1- We are not liable to you or anyone else for any special, incidental, indirect, consequential, moral, exemplary or punitive damages whatsoever, regardless of cause, including losses and damages

(a) resulting from loss of use, data, reputation, revenue, or profits;

(b) based on any theory of liability, including breach of contract or warranty, negligence, or other tortious action;

(c) arising out of or in connection with your use of or access to the the Ecosh and its related services.

Nothing in this Terms of Use limits or excludes our liability for gross negligence or intentional misconduct of Ecosh or its employees.

2- Our total liability in any matter arising out of or related to this Terms of Use is limited to the aggregate amount that you paid for access to the Ecosh and its related services.

3- These limitations and exclusions in this section (Limitation of Liability) apply to the maximum extent permitted by law even if

(a) a remedy does not fully compensate you for any losses or fails of its essential purpose; or

(b) we knew or should have known about the possibility of damages.

4- We do our best to ensure that you are not exposed to viruses or any kind of malicious software while using the Ecosh and its related services. However, it may not always be possible for us to prevent these kind of malicious software from targeting our products and services. Therefore you should always use reputable anti-virus and anti-malware programs while using our products.

For the same reason, you should always back up important information that you upload to the system while using the application. The information you upload to the system may be lost or malicious third parties may obtain your information for reasons beyond our control.

Price and Payment

Our prices are quoted tax-free. Depending on your geographical location, VAT and/or similar taxes to be calculated may be added to our prices subsequently.

You must pay any applicable taxes and third-party fees (including, for example, VAT, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible of these fees. You should contact your financial institution if you have any questions regarding these fees and/or expenses.

We may take steps to collect the fees you owe to us. In this case, you will be responsible for all related collection costs and expenses.

If you are located in a different country from the applicable TDG Corp. entity with which you are transacting, you should be aware that your payments are made to a foreign entity.

Termination

1- You are free to terminate your account any time. However, termination of your account does not relieve you of any obligation to pay any outstanding fees.

2- We reserve the right to suspend or terminate your access to the Ecosh and its related services with a notice to you if;

(a) You are in breach of these Terms of Use;

(b) You fail to make the timely payment of fees for the Ecosh and its related services;

(c) You physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel;

(d) You have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop;

(e) We are required to do so by law;

(f) You are using th Ecosh and its related services in a manner that would cause a real risk of harm or loss to us or other users.

We won’t provide a notice before termination where;

(a) You are in material breach of these Terms;

(b) Doing so would cause us legal liability or compromise our ability to provide the Ecosh and its related services to our other users, or;

(c) We are prohibited from doing so by law.

Notification of Changes

We may revise these Terms of Use from time to time to better reflect;

(a) Changes to the law;

(b) New regulatory requirements;

(c) Improvements or enhancements made to our products and services.

If an update effects your use of the Ecosh and its related services or your legal rights as an user we will notify you prior to the update’s effective date by sending an e-mail to the e-mail address associated with your account or via an in-product notification.

These updated terms will be effective no less than 15 days from when we notify you.

Applicable Law

This Terms of Use and any dispute of any sort that might arise between you and the Company, shall be governed by the laws of Switzerland.

Contact Information

If you have any questions regarding this Agreement, you may contact us by e-mail at support@ecosh.net