Terms&Conditions of SAMS® TeamSpace

SAMS® TeamSpace™-Terms and Conditions

SAMS® TeamSpace™Terms of Service

Posted: 15. September 2020

Effective: 15. September 2020

Thanks for using SAMS® TeamSpace™! These Terms of Service (“Terms”) cover your use of and access to our services, client software and websites ("Services"). Your agreement is with EMC-TEC GmbH, Austria. Our Privacy Policy lay down how we collect and use your information. Our Acceptable Use Policy define your responsibilities when using our Services. By using our Services, you’re agreeing not to breach these Terms, our Privacy Policy and our Acceptable Use Policy. If you’re using our Services for an organisation, you’re agreeing to these Terms on behalf of that organisation.

Purpose of the Service

SAMS®TeamSpace™ is a cloud-based data management system for data created for and during the process of sampling and analysis of any kind of samples. SAMS®TeamSpace™ allows setting-up Teams to collaborate and manage complex sampling and analytical projects. The Service will allow Sponsors to advertise products and services in accordance with the purpose described as above. Togehter with accessories from featured partners, users can increase accuracy, speed and economics of sampling and analysis projects.

Data & Permissions

When using our Services, you store data in form of files, content, messages, contacts etc (“Your Data”) on SAMS® TeamSpace™. Your Data belongs to you and these Terms don’t give only limited rights with the sole purpose to offer our Services to you

We may use services from Third Parties to provide you with special services like previews, thumbnails and similar feature to ease your work. You are giving us permission to do so,

Sharing Your Data

Our Services allow you sharing Your Data with others, so please think carefully about what you share with whom.

Your Responsibilities

Your conduct and Your Data must comply with our Acceptable Use Policy. Please ensure at all times that you have the right to upload, copy or share content while using our Services.

We are not responsible for the content people post and share via the Services. We have no obligation to review your conduct and content for compliance with these Terms and our Acceptable Use Policy but we may do so at any time.

You are responsible to safeguard your password to the Services, and to keep your account information current. Don’t share your account credentials or give others access to your account.

The use of our Services may be limited by applicable law. That may include export control laws and regulations and age limitations You are solely responsible to comply with all applicable laws which may apply.

Our Data

The Services are protected by copyright, trademark, and other laws. Using our Services don’t grant you any right, whatsoever in the Services. If you give us feedback, we may use it to improve our Service to you, but we will have any obligation to you.

Copyright

It is your obligation to respect intellectual property as required by applicable laws. We reserve the right to delete or disable content and accounts alleged to be infringing our Copyright Policy.r. Our designated agent for notice of alleged copyright infringement on the Services is:

EMC-TEC GmbH

Grossenbergstr. 5

3033 Altlengbach, Austria

office@samsystems.org

Termination

You may stop using our Services at any time. We reserve the right to deny, suspend or terminate your access to the Services with notice to you if:

(a) you are using the Service for other purposes than described in Purpose of these Services

(b) you’re in breach of these Terms,

(d) you haven't accessed our Services for 12 consecutive months.

We’ll provide you with reasonable advance notice via the email address associated with your account..

We won’t provide notice before termination where:

(a) you are using the Service for other purposes than described in Purpose of these Services

(b) you’re in material breach of these Terms,

(d) we're prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Data from our systems.

Services “AS IS”

TO THE FULLEST EXTENT PERMITTED BY LAW, EMC-TEC GMBH AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS". WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Limitation of Liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO – THIS INCLUDES ANY LIABILITY FOR EMC-TEC GMBH’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSION AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, EMC-TEC GMBH, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:

i. ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR

ii. ANY LOSS OF USE, DATA, BUSINESS OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT EMC-TEC GMBH OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, EMC-TEC GMBH, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY. EMC-TEC GMBH AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USERS OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH SAMS® TeamSpace™.

Resolving Disputes

Before filing a claim against EMC-TEC GMBH you agree to try to resolve the dispute informally by contacting office@samsystems.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or SAMS® TeamSpace™, may bring a formal proceeding.

Judicial forum for disputes. You and EMC-TEC GMBH agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Vienna, Austria, subject to the mandatory arbitration provisions below. Both you and EMC-TEC GMBH consent to venue and personal jurisdiction in such courts.

NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, the entirety of this 'Mandatory arbitration provisions' section will be deemed void.

Controlling Law

These Terms will be governed by Austrian law except for its conflicts of laws principles. However, some countries have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and EMC-TEC GMBH with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third-party beneficiary rights.

Waiver, Severability & Assignment

EMC-TEC GMBH’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found to be unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. EMC-TEC GMBH may assign its rights to any of its affiliates or subsidiaries, or to any successor in the interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a pro rata refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

PRIVACY TERMS

SAMS® TeamSpace™ Privacy Policy

Posted: 15. September 2020

Effective: 15. September 2020

Thanks for using SAMS® TeamSpace™! Here we describe how we collect, use and handle your personal information when you use our websites, software and services (“Services”).

What & Why

We collect and use the following information to provide, improve and protect our Services:

Account information. We collect, and associate with your account, the information you provide to us when you do things such as sign up for your accountand set up two-factor authentication (such as your name, email address, phone numberand physical address).

Your Data. Our Services are designed to make it simple for you to store your files, documents, photos, comments, messages and so on (“Your Data”), collaborate with others and work across multiple devices. To make that possible, we store, process and transmit Your Data as well as information related to it. This related information includes your profile information, which makes it easier to collaborate and share Your Data with others, as well as things like the size of the file, the time it was uploaded, collaborators and usage activity. Our Services provide you with different options for sharing Your Data.

Usage information. We collect information relating to how you use the Services, including actions you take in your account. We use this information to improve our Services, develop new services and features, and protect SAMS® TeamSpace™ users.

Device information. We also collect information from and about the devices you use to access the Services. This includes things like IP addresses, the type of browser and device you use, the web page you visited before coming to our sites, and identifiers associated with your devices. Your devices (depending on their settings) may also transmit location information to the Services.

Cookies and other technologies. We use technologies such as cookies and pixel tags to provide, improve, protect and promote our Services. For example, cookies help us with things like remembering your username for your next visit, understanding how you are interacting with our Services, and improving them based on that information. You can set your browser to not accept cookies, but this may limit your ability to use the Services

Marketing. We provideour Services free of charge. These free Services are made possible by Sponsors who will advertise their Service related to sampling and analysis within SAMS® TeamSpace™. If you register for our free Services, we will, from time to time, send you marketing informationfrom our sponsors . Users who receive these marketing materials can opt out at any time. If you do not want to receive marketing materials from us, simply click the ‘Unsubscribe’ link in any email.

We sometimes contact people who do not have a SAMS® TeamSpace™account. For recipients in the EU, we or a third party will obtain consent before contacting you. If you receive an email and no longer wish to be contacted by SAMS® TeamSpace™, you can unsubscribe and remove yourself from our contact list via the message itself.

Bases for processing your data. We collect and use the personal data described above in order to provide you with the Services in a reliable and secure manner. We also collect and use personal data for our legitimate business needs. To the extent that we process your personal data for other purposes, we ask for your consent in advance or require our partners to obtain such consent.

With whom

We may share information as discussed below, but we won’t sell it to advertisers or other third parties.

Others working for and with SAMS® TeamSpace™. SAMS® TeamSpace™uses certain trusted third parties (such as providers of customer support and IT services) to help us provide, improve, protect and promote our Services. These third parties will only access your information to perform tasks on our behalf in compliance with this Privacy Policy, and we’ll remain responsible for their handling of your information per our instructions.

Other users. Our Services display information such as your name, profile picture, device and email address to other users in places like your user profile and sharing notifications. You can also share Your Data with other users if you choose. When you register your SAMS® TeamSpace™account with an email address on a domain owned by your employer or organisation, we may help collaborators and administrators find you and your team by making some of your basic information – such as your name, team name, profile picture and email address – visible to other users on the same domain. This helps you collaborating with teams you can join and helps other users share files and folders with you.

Law & order and the public interest. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to: (a) comply with any applicable law, regulation, legal process or appropriate government request; (b) protect any person from death or serious bodily harm; (c) prevent fraud or abuse of SAMS® TeamSpace™ or our users; (d) protect SAMS® TeamSpace™ rights, property, safety or interest; or (e) perform a task carried out in the public interest.

How

Security. We continuously work to keep your information secure and test for vulnerabilities. We also continue to work on features to keep your information safe. Please refer to our Data Security Policy published at samsystems.org.

User controls. You can access, amend, download and delete your personal information by logging in to your SAMS® TeamSpace™ account and going to your Profile Settings.

Retention. When you sign up for an account with us, we’ll retain information you store on our Services for as long as your account is in existence or for as long as we need it to provide you with the Services. If you delete your account, we will initiate deletion of this information after 30 days. But please note: (1) there might be some latency in deleting this information from our servers and backup storage, and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes or enforce our agreements.

Where

Around the world. To provide you with the Services, we may store, process and transmit information around the world, including outside your country. Information may also be stored locally on the devices you use to access the Services.

Changes

If we are involved in a reorganisation, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you (for example, via a message to the email address associated with your account) of any such deal, and outline your choices in that event.

We may revise this Privacy Policy from time to time, and will post the most current version on our website. .

Contact

Do you have questions or concerns about SAMS® TeamSpace™, our Services and privacy? Contact our Data Protection Officer at office@samsystems.org.

ACCEPTABLE USE POLICY

SAMS® TeamSpace™ Acceptable Use Policy

We trust you to use our services responsibly.

You agree not to misuse the SAMS® TeamSpace™services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

probe, scan or test the vulnerability of any system or network;
breach or otherwise circumvent any security or authentication measures;
access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services;
access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example "scraping" or creating accounts in bulk);
send unsolicited communications, promotions or advertisements, or spam;
send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
promote or advertise products or services other than your own without appropriate authorisation;
abuse referrals or promotions to get more storage space than deserved;
circumvent storage space limits;
sell the Services unless specifically authorised to do so;
publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability or impairment;
harass or abuse SAMS® TeamSpace™personnel or representatives or agents performing services related to SAMS® TeamSpace™;
violate the law in any way, including storing, publishing or sharing material that's fraudulent, defamatory or misleading; or
violate the privacy or infringe the rights of others.

SAMS® TeamSpace™services are intended for professionals and organizations to organize and improve sampling and analysis practices and outcomes (Purpose). We reserve the right to limit this Service to exclusively this Purpose up to and including and exclusion of individuals and organizations who use the Service for other than the allowed Purpose.