Vertiv™ XR Terms and Conditions
By installing or using VERTIVTM XR mobile application (“Application”), you (“You”) are deemed to have accepted and consented to these terms and conditions (“Agreement”). The use by You of the Application is free of charge, voluntary, and automatic upon installation of the Application on Your device.
VERTIVTM XR has been developed for Vertiv S.r.l. (hereafter “VERTIV”), a company incorporated in accordance with the laws of Italy and with a registered office at Via Leonardo da Vinci, 8, 35028 Piove di Sacco (Padova).
The Application is an augmented reality (AR) product demonstrator which allows You to live the VERTIV’s products of your interest as available in the Application and selected by You (“Product”) with an immersive exploration of the Product. The Application does not contain any commercial terms and it is not intended, for example, for the sale or the offer for sale of the Product, or any other VERTIV product or service. The Product, including its technical features and specifications, is displayed for informational purposes only.
If You wish to receive commercial information, including on the availability in Your country of the Product and on the applicable technical specifications and certifications, or if you want to be assisted in configuring a solution that suits Your specific site needs, for high complexity projects, and for any other question do not hesitate to contact our experts here Contact@Vertiv.com or at VERTIV website www.Vertiv.com.
You are responsible for making all arrangements necessary to access and view the Application.
You must use the Application only in a safe space. Always be aware of your surroundings before starting and while using the Application. Serious injuries can occur from inadvertent movements, falls, or contacts with potentially hazardous objects or in a dangerous environment. You shall not use the Application in the proximity of objects or other things that may cause injury or could be damaged through inadvertent contacts, movements, or loss of balance. Before starting using the Application, keep a safe distance between You and any object or area that could be hazardous. We recommend you have another person act as a spotter while you move around in the virtual world. Because Your perceptions may be limited while You use the Application, do not hold or handle things that are dangerous, may injure you, or may be damaged. You shall take appropriate steps to prevent others from entering Your space, including people, during the use of the Application. Failure to follow the above instructions could increase the risk of personal injury, property damage, or other potential hazards. By using the Application, you represent and warrant that you have read these warnings and instructions (and will check for updates) and will act in accordance with them.
You should ensure that you have up-to-date anti-virus software on any device from which you access the Application. You are also responsible for ensuring that all persons accessing the Application through your internet connection are aware of this Agreement.
You acknowledge that your use of the Application is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the Application operates (e.g., Apple iOS or Android). VERTIV is not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device.
You shall thoroughly read this Agreement upon installation of the Application on Your device. This Agreement may be unilaterally amended and/or supplemented by VERTIV without notification. This Agreement is a public, generally accessible document. VERTIV recommends You regularly check the terms and conditions of this Agreement for any amendments and/or supplements hereto. By continuing use of the Application after any amendments and/or supplements to this Agreement take effect, You accept and consent to such amendments and/or supplements.
When using the Application, You shall not:
- use the Application in any way other than through the interface provided by VERTIV;
- reproduce, duplicate, copy, sell, trade, and resell access to the Application, including the additional functionality thereof, for any purposes.
None of the provisions of this Agreement shall entitle You to use the company name, trademarks, domain names, and other identification signs of VERTIV. The right to use the company name, trademarks, domain names, and other identification signs of VERTIV may be granted exclusively in an agreement with VERTIV in writing.
All the rights on the materials used and contained in sections of Application, any intellectual deliverables, including design elements, text, graphics, pictures, videos, scripts, application, music, sounds, and other objects and compilations thereof (hereinafter referred to as the “Materials”), as well as the Application itself are subject to intellectual property rights, which are either owned by or exclusively licensed to VERTIV and shall be protected by provisions of the effective intellectual property laws of the country of registration or where they are anyway in force. All rights to these objects are reserved.
Solely for the purpose of use of the Application, You are granted a license, which is a limited, non-transferable license to use the Application only for the purpose set forth above. You may not rent, lease, loan, sell, redistribute, decompile, sub-license, reverse engineer, disassemble, attempt to the source, modify, or create derivative works of the Application. Any attempt to do so is a violation of the rights of VERTIV and its licensors. If you breach this restriction, you may be subject to legal action and damages. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT ANY RISK AS TO QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS YOUR RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED AND APPLICABLE BY LAW, THE APPLICATION, AND SERVICES PROVIDED OR PROVIDED BY THE APPLICATION (THE "SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS AND WITHOUT WARRANTY OF ANY KIND, AND VERTIV HEREBY DECLINES ANY WARRANTY OR CONDITION WITH REGARDS TO THE APPLICATION AND THE SERVICES, WHETHER EXPRESS, IMPLIED OR LEGAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF COMMERCIALIZATION, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. VERTIV PROVIDES NO GUARANTEE AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, NOR DOES IT GUARANTEE THAT THE FUNCTIONS CONTAINED OR SERVICES EXECUTED OR PROVIDED BY THE APPLICATION COMPLY WITH YOUR REQUIREMENTS. VERTIV DOES NOT GUARANTEE THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR FREE FROM ERRORS, OR THAT ANY DEFECTS OR ERRORS IN THE APPLICATION OR ITS SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VERTIV OR ITS AUTHORIZED REPRESENTATIVES SHALL BE DEEMED TO CREATE A WARRANTY. IN THE EVENT THAT THE APPLICATION OR SERVICES ARE FOUND TO BE DEFECTIVE, YOU ASSUME THE TOTAL COST OF ALL NECESSARY SERVICES, AS WELL AS ANY REPAIR OR CORRECTION. IN NO EVENT, VERTIV OR ITS REPRESENTATIVES SHALL BE HELD LIABLE FOR THE BENEFIT OF YOU OR ANY OTHER THIRD PARTIES FOR ANY INDIRECT, CONSEQUENTIAL OR ACCIDENTAL DAMAGE, INCLUDING LOSS OF PROFIT OR LOSS OF DATA, ANY REPUTATIONAL OR MORAL DAMAGE OR DAMAGE TO BUSINESS REPUTATION SUFFERED IN CONNECTION WITH USE OF APPLICATION, ITS CONTENT OR OTHER MATERIALS TO WHICH YOU OR ANY OTHER INDIVIDUALS GAIN ACCESS, EVEN IF VERTIV HAS WARNED OR INFORMED YOU ABOUT THE POSSIBILITY OF SUCH DAMAGE.
The Application may request or collect certain limited information about You when You use it. Such information may consist of personal information of individuals that are stored on devices that connect to the Application or which send content and information through the Application. Other information collected may include identification of the device as well as technical data and related information, including but not limited to technical information about your device, system, and application. Any personal information that relates to You will be processed by VERTIV in compliance with the applicable laws and in particular with the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”). Please view the VERTIV privacy notice for information and details that apply to the processing of any of Your personal information: https://www.vertiv.com/en-us/privacy-policy/
This Agreement represents an entire agreement between You and VERTIV with respect to the terms and conditions of use of Application and its functionality and shall supersede any previous Agreements between You and VERTIV.
This Agreement shall be governed and construed in accordance with the laws of Italy. All issues not regulated by this Agreement shall be governed by the laws of Italy. In case of any disputes or disagreements related to the implementation of this Agreement, You and VERTIV shall use their best efforts to settle such disputes by negotiation. If any dispute may not be settled by negotiation, such dispute shall be settled by the court of Padua.
Any inquiries, proposals, and claims from individuals and legal entities addressed to VERTIV in connection with this Agreement and any issues regarding the functioning of the Application, infringement of rights and interests of third parties while using the Application, and requests from persons authorized in accordance with the laws of Italy shall be sent to Contact@Vertiv.com.
