Terms & Conditions
Controlhaus Systems Design (Controlhaus) develop an app called AV GUI. AV GUI is free to try and custom settings can be stored with a paid subscription service.
Terms and Conditions:
The following terms and conditions govern all use of the AV GUI app and the hosting service, (taken together, the Services). The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Controlhaus’s Privacy Policy) and procedures that may be published from time to time on this Site by Controlhaus (collectively, the “Agreement”). Your agreement is with Controlhaus Systems Design, Patrick Murray.
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services or use any services. If these terms and conditions are considered an offer by Controlhaus, acceptance is expressly limited to these terms.
The Services are not directed to children younger than 18, and service on the Services is only offered to users 18 years of age or older. If you are under 18 years old, please do not register to use the Services. Any person who registers as a user or provides their personal information to the Services represents that they are 18 years of age or older.
1. Your Account and Configurations.
If you create a configuration on the Services, you are responsible for maintaining the security of your account and configuration, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the configuration. You must not describe or assign text to your configuration in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Controlhaus may change or remove any description or text that it considers inappropriate or unlawful, or otherwise likely to cause Controlhaus liability. You must immediately notify Controlhaus of any unauthorized uses of your configuration, your account or any other breaches of security. Controlhaus will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.
If you operate a configuration or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By making Content available, you represent and warrant that your content does not violate these terms. By submitting Content to Controlhaus for inclusion on your Configuration, you grant Controlhaus a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying and distributing your configuration. If you delete Content, Controlhaus will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Controlhaus has the right (though not the obligation) to, in Controlhaus’s sole discretion (i) refuse or remove any content that, in Controlhaus’s reasonable opinion, violates any Controlhaus policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Controlhaus’s sole discretion. Controlhaus will have no obligation to provide a refund of any amounts previously paid.
3. Payment and Renewal.
General Terms.
Optional paid services are available on the Services (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Controlhaus the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. When you purchase an Upgrade, we will ask for your email, your credit or debit card number and the security code associated with your payment credit or debit card (the CSV number). You consent to the processing of the this information by our payment gateway provider, Stripe Payments Europe, Ltd., in order to facilitate your use of the Services, as indicated by our Terms and Conditions.
Automatic Renewal.
Unless you notify Controlhaus before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism our payment gateway provider has on record for you. Upgrades can be canceled at any time by writing us at cancellations@avgui.com. Be sure to include your account username and a description of the Upgrade, such as the name of the configuration, you would like to cancel.
4. Responsibility of Users
Controlhaus has not reviewed, and cannot review, all of the material, including computer software, posted to the Services, and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, Controlhaus does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Controlhaus disclaims any responsibility for any harm resulting from the use by users of the Services, or from any downloading by those users of content there posted.
5. Intellectual Property.
This Agreement does not transfer from Controlhaus to you any Controlhaus or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Controlhaus. Controlhaus, controlhaus.de, AVgui.com, the AV GUI logo, and all other trademarks, service marks, graphics and logos used in connection with AVgui.com, or the Services are trademarks or registered trademarks of Controlhaus or Controlhaus’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Controlhaus or third-party trademarks.
6. Changes
We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using the Services within the designated notice period. Your continued use of the Services will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
7. Termination
Controlhaus may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
8. Disclaimer of Warranties.
The Services are provided “as is”. Controlhaus and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Controlhaus nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
9. Limitation of Liability.
In no event will Controlhaus, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Controlhaus under this agreement during the twelve (12) month period prior to the cause of action. Controlhaus shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty.
You represent and warrant that (i) your use of the Services will be in strict accordance with the Controlhaus Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification
You agree to indemnify and hold harmless Controlhaus, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
12. Translation
These Terms and Conditions were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms and Conditions and the English version, the English version will control.
13. Miscellaneous
This Agreement constitutes the entire agreement between Controlhaus and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Controlhaus, or by the posting by Controlhaus of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of Germany, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be courts located in Detmold, Germany. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Detmold, Germany, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Controlhaus may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.