Terms of service

Conditions of Sale and Delivery

1. Applicability

All our deliveries, services, offers and order confirmations are exclusively on the basis of these Business Conditions. This applies also to all future transactions with the customer, even when we do not specifically mention the applicability of these conditions. Any conditions of the customer that deviate from these terms are invalid.

2. Conclusion of contract, general

Our offers are non-binding. In order to be valid, a contract between ad notam and the customer requires a written order confirmation from ad notam. The submission of an invoice has the effect of an order confirmation.
We reserve the right to change the construction and the shape of our products, insofar as this is reasonable since such changes will result in a technical or economic improvement.
We reserve all property rights and copyrights on drawings, plans and other documentation concerning our products. Without our express written permission, these may not be made accessible to third parties.
All offers and documentation that do not result in an order must be returned to us immediately.

3. Delivery times, delayed delivery

The delivery period – whether stated or agreed – for standard products from a valid price list commences only when all technical questions have been resolved, all documentation to be submitted by the customer (e.g. drawings, plans, releases, specifications) has been received and any other cooperation on the part of the customer has been given.
Delivery times are prolonged in a reasonable manner in the case of any operative disturbances beyond our control such as strikes, lock-outs, or delays in supplies. In such cases, after a reasonable period of extension, the customer is entitled to rescind the contract. In such a case, no claims for damages are permitted. If the operative disturbances beyond our control continue for longer than eight weeks, we have the right to rescind the contract, without being liable for any claims for damages.
If we are in default concerning delivery, we are liable, insofar the customer can prove his claim, to maximum of 0.5 % of the net price for each week of default, but up to a maximum of 5 % of the net price of the part of the delivery concerned. This liability limitation does not apply in cases of deliberate intent or gross negligence.
In response to our request, the customer must state, within a reasonable period, whether he wishes to rescind the contract, or whether he insists on delivery.

4. Delivery, Transfer of risk, Default of receipt

Partial deliveries are permitted insofar as acceptance can be reasonably expected from the customer.
Deliveries take place ex-works our nominated warehouse (EXW, Incoterms 2010).
Apart from cases of liability, any returned merchandise is accepted only as debt by speciality. If we take back merchandise on the grounds courtesy, we charge the costs of this and the costs of disposal as an overall sum of 10 % of the net invoice value.
In the case of delivery being refused, we are entitled to charge the customer a storage charge of 0.5 % of the gross price for each month or part of a month with a maximum of 5 % of the gross price. The parties reserve the right to prove higher or lower costs. This applies likewise in the case that the collection or delivery of the merchandise is delayed because of the wish of the customer. We reserve the right to prove additional damages for default of acceptance.

5. Prices

All prices stated include packaging costs. The prices stated in our prospectuses are non-binding reference prices, excluding VAT.
Our prices are non-binding. They are calculated taking into account the costs of wages and materials and the general costs at the time the order is placed. If these costs should rise demonstrably within six weeks of the conclusion of the purchase/sale contract and the delivery, we shall be entitled to raise the prices in keeping, unless we are in default of delivery or the increase in costs was foreseeable at the time the contract was concluded.
Prices or price reductions given verbally require our written confirmation, unless such prices/reductions were given verbally by a Director or an authorised clerk.
In case of order cancellation we are entitled, to claim a cancellation fee. Such fee amounts to minimum 10% of the order value. If respective products or components for the products are already in stock, we are entitled to claim the full costs.

6. Payment

The customer has no right of retention of payment or of settlement of payment against counter claims, unless such are legally determined, recognised and undisputed, or unless a notice of defect has been submitted and the justification of this is undisputed.
We reserve the right to demand an advance payment or the lodging of security if we become aware of circumstances that reduce the creditworthiness of the customer. If the customer has made an incorrect statement concerning the facts that determine his creditworthiness, we are entitled to rescind the contract, unless the customer makes an immediate advance payment.
If the circumstances referred to under 6.2 occur, or in the case of default of payment on the part of the customer up to a sum of EUR 5,000.00, we reserve the right the revoke all the payment terms offered and to declare all outstanding claims immediately payable.
Insofar as we grant any payment rebates, this is subject to our payment conditions being met in full. We reserve the right to settle any payment rebates against claims on future orders.
We are entitled to demand the lodging of security for orders, if the order cannot be insured by our trade credit insurance. If in any case a demanded security fails to appear, we have the right to allocate/ deduct other deposit payments which we may have received before for such security.

7. Retention of title

All merchandise delivered remains our property until all our claims ensuing from our entire commercial relations with the customer have been settled. The customer is authorised to sell, to connect or to install the merchandise within the normal course of business (reserved merchandise), but not to mortgage it or to give it in security. In the case of any deterioration of the financial situation of the customer, we reserve the right to prohibit the sale, connection or installation.
Any sale may take place only on the condition that the customer (retailer) reserves his right to the property until his customer has complied in full with his financial responsibilities with respect to the reserved merchandise (simple title retention). The customer surrenders in advance all monies accruing to him from the resale up to the sum of our claim.
The customer is entitled to collect the surrendered monies. This right to collect is revoked in the case of default of payment or in the case of a considerable worsening of the financial position of the customer. In such cases, we reserve the right to inform the final customer of the cession of the receivables and to collect these.

In order to assert our claim to the surrendered receivables, the customer must give the necessary information and must allow the verification of this information. In particular, the customer must submit on request a detailed list of his trade receivables with the name and address of the debtor, the amounts of the respective receivables, the invoice data etc. and, for verification, the customer must allow access to his offices.
If the reserved merchandise has been linked to a new item, or been mixed with another item by the customer, we will do this for the customer, but without any obligation. As a consequence of such linking or mixing, the customer does not acquire the ownership of the new item. In the case of linking or mixing with items that are not our property, we acquire co-ownership of the new item according to the invoice value of our reserved merchandise compared with the total value.
The customer is obliged to inform us without delay in case of any suspension of payments, any considerable worsening of his financial situation, or any attachment. The names and addresses of the creditors must be given. The customer shall pay all the costs incurred in order to reverse the seizure of the creditor and to reacquire the merchandise.
If the customer is in default of payment for a considerable partial sum or if there is a considerable worsening of his financial position, in particular if insolvency procedures have been initiated concerning his property, we reserve the right to demand restitution of the reserved merchandise. The demand for restitution signifies a rescission of the contract. In such a case, it is not necessary to set time limit for the restitution. Also in the case of a rescission of the contract, we reserve the right to claim damages.
The customer stores the reserved merchandise for us free of charge, he is not entitled to claim any right to warehouseman’s lien. He is obliged to insure the merchandise adequately for normal risks, such as fire, theft and water damage, as well as for transport damage. He herewith cedes to us any claims to damages against third parties that accrue to him following any such incidents up to the sum of the invoice value of the merchandise.

8. Guarantee

There can be no guarantee claims on the grounds of insignificant defects.
The customer must check the delivered merchandise immediately and must inform us without delay of any obvious defects in matter and in number, at the very latest 14 days after the transfer of risk. Also in the case of defects that are not obvious, a notice of defect must be given without delay after the defect has been discovered, at the very latest within seven days. The time limits on notices of defect apply equally to direct deliveries to third parties indicated by the customer. Also in such cases, the customer must ensure that a timely notice of defect is given.
In respect of a guarantee we have, at our discretion, the right and duty to choose between a free-of-charge repair within a reasonable period, up to three times, or to deliver a new item, insofar as the defect has occurred within the statutory period of limitation and a notice of defect has been submitted after discovery without delay, subject to the cause of the defect having occurred before the transfer of risk. In such a case, the burden of proof rests with the customer. If the repair does not succeed, the customer is entitled to rescind the contract, without prejudice to claims to damages according the stipulations under 9, or to a reduction in the remuneration.
Claims in respect of defects lapse after a period of one year. This does not apply insofar as the Law prescribes a longer period of limitation, or in cases of injury to life and health in the case of intention or gross negligence on our part or in the case of a wilfully deceptive concealment of a defect. This is without prejudice to the legal regulations concerning time limit restraints, other restraints or the imposition of new time limits.
Customers are not entitled to any claims based on the costs incurred in any repair work; in particular the costs for transport, mileage and labour costs are excluded, insofar as the costs are higher because the merchandise has been transported to a location other than the premises of the customer.
Claims of recourse against us exist only insofar as the customer has not made agreements with his own customer that exceed the legal claims in respect of defects. Furthermore, the stipulation under 8.4 applies likewise to the size of the recourse claim of the customers.
For compensation claims, see the stipulations under 9. The customer is not entitled to any guarantee claim exceeding what is stated in the stipulations under 8 and 9.
If a notice of defect submitted by the customer is culpably wrong, we reserve the right to claim restitution of all costs we might have incurred and compensation for all damages we might have suffered.

9. Indemnification

No claims for indemnification in respect of damages and costs of the customers (indemnification claims) are permitted for any reason whatsoever, in particular not on the grounds of breach of duty concerning the contractual obligations or of unlawful acts.
The exclusion of liability referred to under 9.1 is not valid if we are nevertheless liable according to law, in cases of intent, gross negligence, because of injury to life or health, or in the case of breach of important contractual obligations. Contractual duties are considered to be important, primarily when their fulfilment makes possible the proper execution of the contract and the customer may trust in their regular fulfilment. However, in the case of breach of important contractual obligations we are liable only for the contractual, foreseeable claims, unless there is a question of deliberate intent, gross negligence or injury to life or health. These rules do not imply a modification to the burden of proof to the disadvantage of the customer.
Claims for damages due to material deficiencies (under 8) expire in accordance with the stipulation under 8.4.

10. Place of jurisdiction, Applicable Law

The place of jurisdiction for all disputes arising from the contract is the registered office of ad notam AG, Germany.
This contract is subject to German material and procedural Law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to this contract.

Warranty terms and conditions

PROVISIONS OF WARRANTY

1. If your product proves to be defective, although is has been used properly (in accordance with the written Handling Care, Operating and Installation instructions supplied with it), during a period of two years from the date of purchase, the product will be repaired, or at ad notam's option replaced free of charge.

To claim under this warranty the customer must take the product and this Warranty Certificate before the end of the warranty period to the dealer where the product was purchased. No product defect occurs, if the product is operating according to the specification.

2. The customer shall transport the product to the dealer or ad notam's authorized service station at his own risk and shall be responsible for any costs incurred in transporting the product. The device to be resend to ad notam or its authorized dealer/service station has to be packed properly by using exclusively the original package.

3. This Warranty does not cover the following items, and repair charges are to be paid, even for defects occurring within the warranty period:

Any defect that occurs due to mishandling (such as an operation performed that is not mentioned in the Handling Care, installation requirements or other sections of the instructions, etc.).
Any defect that occurs due to repair, modification, cleaning, opening of the product etc. performed by anyone other than ad notam or an ad notam authorized service station.
Any defect or damage that occurs due to transport, a fall, shock, etc. after purchase of the product.
Any defect or damage that occurs due to fire, earthquake, flood damage, thunderbolt, other natural disasters, environmental pollution and irregular voltage sources.
Any defect that occurs due to careless or improper storage (such as keeping the product under conditions of high temperature and humidity, near insect repellents such as naphthalene or harmful drugs, etc.), improper maintenance, etc.
Any defect that occurs due to exhausted batteries, etc.
Any defect that occurs due to water, sand, mud, etc. entering the inside of the product casing.
When any alterations whatsoever are made to the Warranty Certificate regarding the year, month and date of purchase, the customer’s name, the dealer’s name, and the serial number.
When proof of purchase is not presented with this Warranty.
When wrong installation materials and/or components, such as loudspeakers or input devices are used.
When the product occurs with pixel errors within the specified and permitted area. Pixel errors can be seen as light or dark areas on the screen. This phenomenon is due to the characteristics of the LCD/LED panel. The panel is only defective if there are more than two pixel errors when the product is started up for the first time.
When the (front-)glass of the LCD/LED panel inside the product is broken.
Allowable Measurement, Treatment and Coating tolerances of the product's glass or mirror, as defined in the product specification.
Returned products which are not packed properly or are not packed in the original/origin ad notam package. This is in accordance with our quality assurance directive, since it is impossible to identify if damages have occurred during transportation or not. We are forced to send all inappropriately packed products back to you at your own costs.

CERTIFICATE

4. This Warranty applies to the product only; the Warranty does not apply to any other accessory equipment, such as cables, power supply, batteries and other cosumables/installation equipment.

5. ad notam’s sole liability under this warranty shall be limited to repairing or replacing the product. Any liability for indirect or consequential loss or damage of any kind incurred or suffered by the customer due to a defect of the product, or for any loss resulting from a delay in repair or loss of data, is excluded. Compelling regulations by law remain unaffected by this.

6. The warranty does not extent to damages caused by improper installation, non-compliance with ad notam's installation instructions, incorrect operation or repairs carried out by private persons or unauthorized dealers as well as in case of removed, changed, destroyed or defaced serial numbers or in case of mechanical damage due to impact or accident.

NOTES REGARDING WARRANTY MAINTENANCE

1. The warranty will only be valid if this Warranty Certificate is duly completed by ad notam or an authorized dealer or other documents contain sufficient proof. Therefore, please make sure that your name, the name of the dealer, the serial number and the year, month and date of purchase are all completed or the original invoice or the sales receipt (indicating the dealer's name, the date of purchase and product type) is attached to the Warranty Certificate. ad notam reserves the right to refuse free-of-charge service if neither the Warranty Certificate is completed nor the above document is attached or if the information contained in it is incomplete or illegible.

2. Since the Warranty Certificate will not be re-issued, keep it in a safe place.

DISCLAIMER OF WARRANTY

ad notam makes no representations or warranties, either expressed or implied, by or concerning any content of these written materials or software, and in no case shall be liable for any impelled warranty purchase are all completed or the original invoice or the sales receipt of merchantability or fitness for any particular purpose or for any consequential, incidental or indirect damages (including but not limited to damages for loss of business profits, business interruption and loss of business information) arising from the use of inability to use these written materials or software. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.

Software License Agreement

This is an agreement between you and ad notam. Please read the “Device Terms of Use”, the “Privacy Notice”, the “Service Conditions of Use”, and other applicable rules, policies and terms made available at ad notam’s website, or through the ad notam’s Device or its companion app (collectively, this "Agreement") before using the ad notam Device. By using the ad notam Device, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use the ad notam Device, and you may return it in accordance with the applicable return policy. You may need your own client account to register and use your ad notam Device, and you may be required to be logged into the account and have a valid payment method associated with it. Your use of any of the Services is subject to any additional rules, policies and terms that apply to those Services.

I. Device Terms of Use

For the purpose of this ad notam Device Terms of Use: "ad notam Device" means any ad notam product with Wifi or Bluetooth connection, including but not limited to ad notam Digital Frame Unit, ad notam Smart Mirror, ad notam Bluetooth Audio, ad notam Bluetooth Remote, ad notam Sensor, ad notam Lighted Mirror and, in each case, any ad notam accessories for these devices. "Third-party Content" means any third-party game, app, service or other feature that ad notam make available to you for use on an ad notam Device. "Digital Content" means any digitized content (including digitized Third party Content), such as weather information, news information, horoscope, traffic information, music, videos, photos, and audio. "Services" means the provision of Digital Content, Software, and support and other services that ad notam provide for ad notam Device users, including the wireless connectivity that ad notam provides. "Software" means all software ad notam make available to you for use on an ad notam Device, but excludes Third-party Content.

1. Features and Software

1.1 Location Services.

Your ad notam Device may have a feature that allows maps, other applications, and ad notam to use and access location and related information from your device. ad notam does not guarantee the accuracy or completeness of any location services.

1.2 Backup and Restore.

Your ad notam Device may have a feature that backs up to the cloud certain data on your device, including account settings, email address and wireless configurations, bookmarks, search history, so that you can restore that data later to an ad notam Device.

1.3 Voice Recognition Services.

Your ad notam Device may have features that allow you to access third-party voice recognition services or otherwise use your voice to perform certain tasks, such as check the weather, add a calendar entry, perform a search, or operate other connected products. When you use voice recognition services, ad notam may process your voice input and other information (such as location) in the cloud to respond to your requests and to improve your experience and our services. Your use of voice recognition services is subject to the “Conditions of Use”.

1.4 Use of the Software.

Except as provided in this section, you may use the Software only on an ad notam Device. For additional terms that apply to the Software, see the Additional ad notam Software Terms contained in the ad notam “Conditions of Use” and the terms contained in the Legal or similar section in the settings menu of your ad notam Device or companion app. Software licensed under an open source license is governed solely by the terms of that open source license.

2. Connectivity and Availability

2.1 Internet and Wireless Connectivity.

Your ad notam Device may require an Internet connection or data plan from a third-party provider in order to use some features. In such cases, your Internet connection or data plan is subject to the fees, restrictions, terms and limitations imposed by your provider.

2.2 Availability.

Some Services may be unavailable, vary (by device or geography, for example), offered for a limited time, or require separate subscriptions. In addition, if your ad notam Device requires wireless data services and is located in an area where it cannot access such services, you may not be able to use some or all of the Services or other features of your ad notam Device. ad notam is not responsible for the unavailability of wireless data services or any corresponding loss of Services.

3. General

3.1 Information Received.

The Software will provide ad notam with information about use of your ad notam Device and its interaction with Digital Content and the Services (such as content usage, available memory, up-time, log files, network diagnostics, search queries, location, voice information, connectivity and signal strength). Information provided to ad notam may be processed in the cloud to improve your experience and our services, and may be stored on servers outside the country in which you live. ad notam will handle any information it receives in accordance with the ad notam Privacy Notice.

3.2 Information Provided To Others.

You are responsible for any information you provide to others, including Third-party Content providers, using an ad notam Device. Use of information you provide to these third parties will be subject to any privacy notice or other terms that they may provide to you.

3.3 Changes to Services; Amendments.

ad notam may change, suspend, or discontinue the Services, or any part of them, at any time without notice. ad notam may amend any of this Agreement's terms at its sole discretion by posting the revised terms on the ad notam’s website. Your continued use of the ad notam Device after the effective date of the revised Agreement constitutes your acceptance of the terms.

3.4 Termination.

Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, ad notam may immediately revoke your access to the Services without refund of any fees. ad notam's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.

3.5 Disputes/Binding Arbitration.

Any dispute or claim arising from or relating to this Agreement, an ad notam Device, the Software, the Digital Content, or the Services is subject to the binding arbitration, governing law and disclaimer of warranties, limitation of liability, and all other terms in the ad notam Conditions of Use. You agree to those terms by entering into this Agreement or using an ad notam Device or the Services.

3.6 Disclaimer of Warranties and Limitation of Liability.

Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the ad notam Conditions of Use, (1) unless otherwise provided by ad notam, your ad notam Device may be subject to a limited warranty, and (2) unless otherwise required by applicable law, in no event will our or our licensors' aggregate liability under this Agreement with respect to any claim exceed the greater of fifty euros (EUR 50.00) and the amount you actually paid for your ad notam Device.

3.7 Contact Information.

For help with your ad notam Device, the Services, Digital Content, Software or resolving other issues, please contact Customer Service at www.ad-notam.com/service-support/ (or by email to support@ad-notam.com).

II. Service Conditions of Use

ad notam provides website features and other products and services to you when you visit our website, use ad notam Devices or Services, use ad notam’s applications for mobile, or use on-line tools provided by ad notam in connection with any of the foregoing (collectively, "ad notam Services"). ad notam provides the ad notam Services subject to the following conditions. By using ad notam Services, you agree to these conditions. Please read them carefully. ad notam offers a wide range of ad notam Services, and sometimes additional terms may apply. When you use an ad notam Service (for example, Your ad notam’s website Profile, On-Line configurator, or ad notam’s applications for Smart Mirror you also will be subject to the guidelines, terms and agreements applicable to that ad notam Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

1. Privacy

Please review our Privacy Notice, which also governs your use of ad notam Services, to understand our practices.

2. Electronic Communications

When you use any ad notam Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on our website or through the other ad notam Services, such as our Smart Mirror. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. Copyright

All content included in or made available through any ad notam Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ad notam or its content suppliers and protected by German and international copyright laws. The compilation of all content included in or made available through any ad notam Service is the exclusive property of ad notam and protected by German and international copyright laws.

4. Trademarks

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ad notam Service are trademarks or trade dress of ad notam in Germany and other countries. ad notam's trademarks and trade dress may not be used in connection with any product or service that is not ad notam's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ad notam. All other trademarks not owned by ad notam that appear in any ad notam Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ad notam.

5. License and Access

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, ad notam or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ad notam Services. This license does not include any resale or commercial use of any ad notam Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ad notam Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by ad notam or its licensors, suppliers, publishers, rights holders, or other content providers. No ad notam Service, nor any part of any ad notam Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ad notam. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ad notam without express written consent. You may not use any meta tags or any other "hidden text" utilizing ad notam's name or trademarks without the express written consent of ad notam. You may not misuse the ad notam Services. You may use the ad notam Services only as permitted by law. The licenses granted by ad notam terminate if you do not comply with these Conditions of Use or any Service Terms.

6. Your Account

If you use any ad notam Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the ad notam Services only with involvement of a parent or guardian. ad notam reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

7. Copyright Complaints

ad notam respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@ad-notam.com

8. App Permissions

When you use apps created by ad notam, such as the ad notam Configurator App, ad notam Smart Mirror App, or ad notam CMS Mobile App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

9. ad notam Software Terms

In addition to these Conditions of Use, the terms found below apply to any software (including any updates or upgrades to the software and any related documentation) that ad notam make available to you from time to time for your use in connection with ad notam Services (the "ad notam Software").

9.1 Use of the ad notam Software

You may use ad notam Software solely for purposes of enabling you to use and enjoy the ad notam Services as provided by ad notam, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the ad notam Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the ad notam Software or otherwise assign any rights to the ad notam Software in whole or in part. You may not use the ad notam Software for any illegal purpose. ad notam may cease providing any ad notam Software and ad notam may terminate your right to use any ad notam Software at any time. Your rights to use the ad notam Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain ad notam Software that are specifically identified in related documentation may apply to that ad notam Software (or software incorporated with the ad notam Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any ad notam Service is the property of ad notam or its software suppliers and protected by German and international copyright laws.

9.2 Use of Third Party Services

When you use the ad notam Software, you may also be using the services of one or more third parties, such as a wireless carrier or a internet service provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

9.3 No Reverse Engineering

You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the ad notam Software, whether in whole or in part, or create any derivative works from or of the ad notam Software.

9.4 Updates

In order to keep the ad notam Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

10. Disclaimer of Warranties and Limitation of Liability

The ad notam services and all information, content, Materials, products (including software) and other Services included on or otherwise made available to You through the ad notam services are provided by ad notam on an "as is" and "as available" basis, unless otherwise specified in writing. ad notam makes no representations or warranties of any kind, express or implied, as to the operation of the ad notam services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the ad notam services, unless otherwise specified in writing. You expressly agree that your use of the ad notam Services is at your sole risk. To the full extent permissible by applicable law, ad notam disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ad notam does not warrant that the ad notam Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the ad notam services, ad notam's servers or electronic communications sent from ad notam are free of viruses or other harmful components. ad notam will not be liable for any damages of any kind arising from the use of any ad notam service, or from any information, content, materials, products (including Software) or other services included on or otherwise made available to you through any ad notam service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. Certain country laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

11. Site policies, modification, and severability

Please review our other policies, such as our legal notice, posted on our Web site. These policies also govern your use of ad notam Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

III. Service Conditions of Use

ad notam knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By using ad notam’s Services, you are accepting the practices described in this Privacy Notice.

1. Customers Information gathered by ad notam

The information ad notam learn from customers helps us personalize and continually improve your ad notam Services experience. Here are the types of information we gather.

1.1 Information You Give Us:

We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future services for you, improving our applications, and communicating with you.

1.2 Automatic Information:

We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your Web browser accesses our website or application.

1.3 Mobile:

When you download or use applications created by ad notam we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, traffic information, and other personalized content. Most mobile devices allow you to turn off location services.

1.4 E-mail Communications:

To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from ad notam if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences.

2. Cookies

Cookies are unique identifiers that we transfer to your device to enable our systems to recognize you and provide you with your desired service. The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of ad notam's essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to use our on-line configurator tool, set up your Smart Mirror applications, or use any ad notam products and services that require you to Sign in.

3. Sharing of Information

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We do not share any customer information.

4. Securing of Information

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. For other data protection terms and condition please refer to the Data Protection section in our website at www.ad-notam.com/legal-notice

5. Access of Information

ad notam gives you access to a broad range of information about your account and your interactions with ad notam for the limited purpose of viewing and, in certain cases, updating that information.