L O T U S H E A L T H

Last Updated on July 29, 2019

Tenovi.com (together with its subdomains) (the “Site”) is a website owned by Tenovi. By accessing the Site, clicking the “purchase” or “I agree” button, and/or by installing, using or downloading the Software you agree to enter into a binding legal agreement with Tenovi and agree to comply with, and be legally bound by, the terms and conditions of these Terms of Service, the Privacy Policy (available at https://Tenovi.com/privacy-policy/). To the extent not prohibited under applicable law, you hereby waive any applicable rights to require a non-electronic signature or delivery of non-electronic records. If you do not agree to be bound by these Terms in their entirety, you are not permitted to access the Site, download, install or use the Software and/or Content, nor use the Services. The Service (as defined below) is provided for a fee, where Tenovi may provide some of it without any charge.

When using the Site, you can purchase licenses, receive information, Content, updates, services, download Software or access your Account (as defined below) (the “Service”), but their availability is provided on an “as-is” basis and without any warranty to its quality.

When using the Site, Tenovi may retain some personally identifiable information about you in accordance with our Privacy Policy , as well as some other aggregated, non-personally identifiable information . In no case shall your personal information be transferred to third-parties for purposes of marketing such third parties or their products or services. Tenovi may send you newsletters from time to time. We hope you enjoy your use of the Site, Software and Services and request that you to carefully read these Terms.

Our Software is 100% GPLv3, and the freedoms attached thereto are not removed by these Terms.

  1. Services User and Registration

By confirming these Terms, you warrant that you adhere to the following eligibility terms, and that if you are acting on behalf of a corporation, that all the end-users and employees of said corporation which shall be permitted to access the Site, Services and license the Content and/or Software which shall be purchased or accessible  through the Site, shall accept these Terms as well.

  • Eligibility: You are eligible to enter into this agreement, and (1) you were not prohibited by any competent authority, judicial act or law to enter in any agreement; (2) you are at least 18 years of age, or if the Services are used by a user under the age of eighteen (18) or otherwise under the age of legal eligibility and capacity in the jurisdiction applicable to such user you hereby confirm that you are the legal guardian of the user and both you and the User have read and agreed to these Terms and approved of the user’s continued use of the Service subject to these Terms; (3) you were not previously prohibited by Tenovi from entering into an agreement with Tenovi nor was your account and/or use of the Services previously blocked, suspended or terminated by Tenovi for any reason; (4) you do not reside in any proscribed state and you are not member of a terror organization; (5) you are using the Services and/or entering these Term on behalf of an corporation you have the authority to bind such are authorized by such corporation and hold all the required consents to enter into and be bound by these Terms on behalf of such  corporation.
  • Personal Use Only:  The Subscription Plan(s) and the associated license is solely for your personal and non-commercial use and you shall not sell, rent, convey, distribute, commercialize or publish the license and related Services to any third parties. This does not mean that you cannot use our framework to produce and generate web-sites for others, but it means that you cannot resell your Subscription Plan and the associated license to third parties so they can access to the Site and/or the Services.
  • Acceptable and Restricted Use: You shall use the Services only in a bone-fide manner and in accordance with these Terms. You shall not, nor allow a third party to use the Services in any manner which may (i) impair, interfere disrupt or delay the operation of the Services ; (ii)  send spam, unsolicited messages, harass, stalk or threaten any person or computer system; (iii) interfere with or violate any other person’s right, including right to privacy or intellectual property rights, or harvest or collect personally identifiable information about any users of the Service without their express consent,; (iv) use automated means such as computer software, crawlers, robots or scripts to harvest, process, cache, scrape, export or extract or otherwise bulk-download and/or store, any Content, information, or other materials or information made available via the Services; (v) create a data base of, or offer as a service, create or offer via a hosting service, provide to others as part of a “Software As-a-Service” (SaaS), or otherwise distribute, offer or resell, the Services or the Content, or information, or other materials or information made available via the Services; (vi) allow, cause or authorize or permit any third party to do any of the foregoing; (vii) use the Services for any illegal, immoral or unauthorized purpose, or which harms or may harm the goodwill of Tenovi (in Tenovi reasonable discretion). You shall not create any script, software, code or program which impairs, disrupts, diminishes or adds functionality to the Services, including transmitting or otherwise make available in connection with the Service any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
  • No License: Except as explicitly licensed under these Terms, you are prohibited from any use of Tenovi’s, or any end-user, intellectual property.
  • Verifying Your Account: When registering to the Services, Tenovi may authenticate your identity through different services and may, according to its sole discretion, require additional identification. If you register through electronic mail, then Tenovi may authenticate your email address and send an electronic notification to the address you provide. In said message, Tenovi may include information or links to authenticate your identity as the owner of the email address. Once verified Tenovi will set up a registered account for you (“Account”).
  • Securing Your Account: According to the sensitivity of the information stored on the service and the potential risk of using the Service, you shall be required to set up and use a password to access your Account. You are solely responsible for maintaining the confidentiality of your Account including your username and password. You agree to accept responsibility for all activities that occur under your Account.
  • One Account for One Person: It is Tenovi policy to have one Account for one person, and one person for one Account. You cannot hold more than one Account and you cannot allow others to access your Account. If you are a corporation (or using the Account on behalf of a corporation), then you can allow access to your corporate Account for one authorized employee on your behalf. You hereby represent and acknowledge that unless you have otherwise explicitly notified us anyone accessing your corporate Account is acting on your behalf having all required authorizations and consents, and that you remain responsible and liable for any act or omission in connection with such use as if they were yours, including any loss or damage which such use, act or omission may cause.
  • Sharing your Account Credentials: You are expressly prohibited from sharing your username and password with third-parties.
  • Notification of Abuse: You are required to inform Tenovi , immediately, at support@Tenovi.com in any case where you have reason to believe that your account was hacked, is no longer secure and/or in any case you are informed of unauthorized use of your Tenovi account.
  • Tenovi’s Liability: Without derogating any limitation of liability under these Terms, Tenovi shall not be liable in any case where you do not adhere to these security standards and shall not be able to assist you in any manner if you refrain from applying its security guidelines, as published from time to time.
  1. Website Services

The Services which are provided by Tenovi as of this day are the specified hereunder; however, Tenovi may modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Site or Service (or any part thereof, including but not limited to the Content) without notice, at any time according to its sole discretion and without any prior notice.

  • Online Store: Tenovi shall allow you to purchase licenses, through an online store. Any item shall be sold under the specific license which shall be attached to it, or conveyed under specific licenses. In order to purchase the licenses, you may search the online store’s inventory, which may demonstrate some of the core components of the Services (where in some cases the content is solely for demonstration). However, it is your duty to make sure that the code is adequate and that the final website you are creating using the licensed Software is adherent with applicable regulations.
  • Manuals: Tenovi may provide you access to certain manuals relating to the use of the Software, where some manuals may be provided free of charge or against payment, which in any event shall be provided on an “as-is” basis without warranty.
  1. Content Ownership
  • Content. The content contained in and/or accessible via the Software, Services and the Site, including without limitation, the graphics, design, elements artwork, logos, icons, images, sounds, videos, fonts, interactive features as well as the selection, assembly and arrangement thereof (including, without limitation, the “Look and Feel” of the Software or the Site and any part thereof), and any and all Intellectual Property Rights (defined below) pertaining thereto (collectively, the “Content”) is the property of Tenovi and/or its licensors and is protected by applicable copyright or other intellectual property laws and treaties. “Intellectual Property Rights” means any and all rights in and to copyrights, trade secrets, service marks, trademarks, know-how, patents, or similar intellectual property rights, as well as any and all moral rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.  
  • Restrictions. Except as explicitly permitted under these Terms the Content may not be used, copied, broadcasted, transmitted, distributed, licensed, displayed, sold, licensed, made available in any manner, de-compiled, or otherwise exploited for any purpose whatsoever.
  1. Licenses

4.1 Source Code License

The source code of the Software is licensed under the GNU GPL-3 terms with the following additional terms per GNU GPL-3 Section 7:

“The origin of the Program must not be misrepresented; you must not claim that you wrote the original Program. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original Program.”

  1. Feedback.

You may (but are not required to) provide Tenovi with input, suggestions, information or materials and/or feedback in connection the Services, Software and/or the Content and/or in connection with your use thereof (“Feedback”). Tenovi shall own all right, title and interest in and to any such Feedback, and may use or incorporate such Feedback into the Services Content and/or Software at its discretion.

  1. Payment

When subscribing to a Subscription Plan for the Content and Services as provided to you by Tenovi, you are required to pay the fees as published in the Site from time to time. The payment shall be made via credit card via our third payment service provider, Stripe or PayPal (each of the foregoing subject to their respective terms of use and privacy policies, available at https://stripe.com/and https://paypal.com/ respectively) and in any case where you purchase a Subscription Plan, your subscription will automatically be renewed upon the end of the applicable subscription period and you will be billed in advance at the beginning of each billing period.  

  • Rates: Tenovi may, from time to time, determine rates for the use of the service. These rates may be yearly, monthly, weekly, daily or one-time fees.
  • Refunds: Tenovi provides a 30-day “no questions asked” refund  for new Subscription Plan purchases. Such refund shall be available for a period of thirty (30) days from the end of the business day the Subscription Plan purchase was made; Tenovi may refuse to refund clients who act in bad faith or misused the services and/or the Content. Note: Refunds do not apply to upgrades or renewals.
  1. No Liability

Tenovi shall not be liable for any damages whatsoever, including direct, indirect, special, incidental or consequential damages of any kind, resulting from or arising out of the Service, Site, Software or Content, including the use or inability to use the any of the forgoing, failure of ant of the foregoing to perform as represented or expected, loss of goodwill, data or profits, the performance or failure to perform under these terms, and any other act or omission or by any other cause whatsoever, including without limitation damages arising from the conduct of any third party services.

To the extent permissible under the law applicable to you and/or your use of the Service, Site, Software or Content, and without derogating from the aforementioned, no action may be brought by you against Tenovi or any employee, officer, affiliate or its end users for any cause whatsoever including the breach of these terms more than one (1) year after the occurrence of such cause of action.

The foregoing limitations, exclusions and disclaimers shall apply to all claims for damages, whether based in an action of contract, warranty, strict liability, negligence, tort, or otherwise. You hereby acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Tenovi’s Site, Software, Content or Services provided to you, and such limitations will apply notwithstanding the failure of essential purpose of any limited remedy, and even if Tenovi and/or any Tenovi affiliates have been advised of the possibility of such liabilities and/or damages. Notwithstanding anything to the contrary (and without derogating from the foregoing limitations) in no event shall Tenovi’s cumulative liability to you exceed amounts paid by you to Tenovi for a Subscription Plan over the 12 months immediately preceding the occurrence of the cause of action.

User acknowledges by agreeing to the terms herein that Tenovi (and its affiliates) provide no warranties as to the performance, correctness, functionality or suitability of the services, software, content for any particular purpose. Tenovi does not warrant or make any representations regarding the use, the inability to use or operate, or the results of the use of the content available on the service. The Software, Service, Site and Content (and any part thereof) are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including warranties of title or non- infringement or implied warranties of use, merchantability or fitness for a particular purpose or use.

  1. Advertising

Tenovi’s website may display ads. Nonetheless, Tenovi does not endorse and monitor any of these ads or their content nor is Tenovi responsible for the foregoing, even if they seem affiliated with Tenovi.

  1. Amending These Terms

Tenovi may amend or change these Terms from time to time with or without notification and such changes will become effective immediate. If you decide that any change is not acceptable to you, you may terminate these Terms.

You are required to inspect, from time to time, these Terms.

  1. Termination

Tenovi may, according to its sole discretion, terminate these Terms, the service or any service provided by it for any reason, for all the users or just to you, for any cause and for no cause, including, without limitation, due to lack of use or if Tenovi believes that you breached these Terms  or acted in a manner which may harm Tenovi or the Services. Tenovi may, moreover and according to its sole discretion, refrain from providing the Services or any part thereof, with or without any prior notice.

You hereby warrant that any termination of your access to the service or services may apply without prior notice, and acknowledge that Tenovi may terminate the services immediately or remove your Content.

Moreover, Tenovi shall not be liable for any damage caused to you or any third-party as a result of terminating these Terms or by suspending, or otherwise limiting your use of the Services; However, in any case where Tenovi shall terminate these terms not due to your breach of these terms, then it shall continue to provide you with Services for the Subscription term you paid, or refund the proportional un-used portion of the pre-paid subscription fees , according to your discretion.

  1. Indemnification

You hereby warrant and agree to indemnify, defend and hold Tenovi , and its affiliates, and respective officers, directors, employees and agents, harmless for any claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising due to your breach of representations and/or obligations under these Terms or related to your use, or inability to use, of the Service, Content, Software or the Site. This indemnification shall be made promptly, according to Tenovi’s request.

  1. Entire Agreement

These Terms constitute the entire agreement between Tenovi and yourself and shall only be amended by written instrument. Any waiver, delay or withholding by Tenovi to enforce its rights shall not be constructed as an amendment.

  1. Assignment

Tenovi may assign any and all rights or obligations under these Terms and/or under any Subscription Plan to any third party (including without limitation to an affiliate and/or upon a merger, acquisition, sale of all or substantially all of its shares or assets or such part of its assets underlying these Terms) with or without notice. These terms will inure to the benefit of any Tenovi successor.

  1. Governing Law

These terms of service shall be exclusively governed by the laws of the state of the United States of America without regard to its conflict of laws rules, and any dispute arising from it shall be exclusively brought to the courts of the Orange County district. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. You agree that any cause of action that you may have arising out of or related to these Terms must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  1. No Class Action

You undertake not to engage in any class action against Tenovi and solely to claim your losses personally

 

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Phone: 1-714-418-5658