Disclaimer and Terms
This disclaimer (“Disclaimer”) sets forth the general guidelines, disclosures, and terms of your use of the Netoly website (“Website” or “Service”) and any of its related products and services (collectively, “Services”). This Disclaimer is a legally binding agreement between you (“User”, “you” or “your”) and Netoly (operating under Acrontum GmbH) (“Netoly”, “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Disclaimer. If you are entering into this Disclaimer on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Disclaimer, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Disclaimer, you must not accept this Disclaimer and may not access and use the Website and Services. You acknowledge that this Disclaimer is a contract between you and Netoly, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accuracy and Validity of Test Results
While Netoly endeavors to provide accurate and up-to-date information through our network testing tool, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Netoly app, this Website, or the information, products, services, or related graphics contained therein for any purpose. Any reliance you place on such information is strictly at your own risk.
Each test conducted using the Netoly service is validated to ensure reliability; however, we cannot guarantee that the results will generalize to the entire network as conditions may vary. Network conditions can change, leading to variations in connectivity and performance that may not be captured by a single test.
Limitation of Liability
Netoly (operating under Acrontum GmbH) and its officers, directors, employees, agents, suppliers, or licensors shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
User and Accommodation Host Responsibility
Users and accommodation hosts are responsible for interpreting the test results and making decisions based on their understanding. Netoly and its affiliates will not be responsible for losses or damages that either users or accommodation hosts suffer as a result of test results and their interpretation. The responsibility for ensuring network suitability for specific needs rests with the user and the accommodation host.
Governing Law and Jurisdiction
This Disclaimer shall be governed and construed in accordance with the laws of the jurisdiction where Netoly is established, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of this Disclaimer will not be considered a waiver of those rights. If any provision of this Disclaimer is held to be invalid or unenforceable by a court, the remaining provisions of this Disclaimer will remain in effect.
This Disclaimer constitutes the entire agreement between us regarding our Service and supersedes and replaces any prior agreements we might have had regarding the Service.
Changes and Amendments
We reserve the right to modify this Disclaimer or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Disclaimer on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.
Acceptance of this Disclaimer
You acknowledge that you have read this Disclaimer and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Disclaimer. If you do not agree to abide by the terms of this Disclaimer, you are not authorized to access or use the Website and Services.
Contacting Us
If you would like to contact us to understand more about this Disclaimer or wish to contact us concerning any matter relating to it, you may send an email to hello [at] netoly.app.