These Terms and Conditions for 3PM Training App Software (“Terms and Conditions”)
create a contract and apply between 3PM Digital Masters (“3PM” or “we”, “us”) and
anyone (“Customer” or “you”) who access the software application 3PM Training App
(including any updates and improvements to such) (individually and jointly the
“Software”). The term Software include any software provided when accessing the
application 3PM Training App or which is used within this application. These Terms and
Conditions apply as soon as the Customer access the Software. In case you do not
agree with these Terms and Conditions, do not access and/or use the Software. Upon
the cease of the Software license granted to you stop using it in any form whatsoever.
No copy of the Software can be retained upon the cease of the Software license.
1. AGE REQUIREMENTS FOR USE OF THE SERVICE. The Software can be
accessed and used only by individuals aged at least 14 years old.
2. LICENSE OF THE SOFTWARE. The Software is licensed to you, not sold to you. We
grant you a personal, limited, non-exclusive, non-transferable, without any right to
sublicense, license to use the Software in accordance with the scope and the terms of
these Terms and Conditions. The license to use the Software is granted to you subject
to the payment of the license price. The license price is either calculated based on the
number of registered users (registered trainees or students) within a month, or a
monthly fee with a limited number of users.
3. SUPPORT AND MAINTENANCE. Any support and maintenance services related to
the Software, including any updates and improvements, will be provided by us to you as
a consequence of agreeing with these Terms and Conditions, based on these Terms
and Conditions and only for the duration of the Software License.
4. SYSTEM REQUIREMENTS. Use of the Software requires a compatible device,
Internet access (fees may apply), and certain software (fees may apply), and may
require obtaining updates or upgrades from time to time. Because use of the Software
involves hardware, software, and Internet access, your ability to use the Software may
be affected by the performance of these factors. You acknowledge and agree that such
system requirements, which may be changed from time to time, are your responsibility.
which is expressly made a part of these Terms and Conditions. If you have
6. YOUR INFORMATION. You agree to provide accurate, current, and complete
information required in order to use the Software and at other points as may be required
in the course of using the Software ("Registration Data"). You further agree to maintain
and update your Registration Data as required to keep it accurate, current, and
complete. We may terminate your rights to use the Software if any information you
provide is false, inaccurate or incomplete. You agree that we may store and use the
Registration Data you provide for use in maintaining your account for the term of the
7. USER ACCOUNT AND SECURITY.
a. Account and Password. As a registered user, you may receive or establish an
account ("Account"). You are solely responsible for maintaining the confidentiality and
security of your Account. You should not reveal your Account information to anyone
else or use anyone else's Account. You are entirely responsible for all activities that
occur on or through your Account, and you agree to immediately notify us of any
unauthorized use of your Account or any other breach of security. We shall not be
responsible for any losses arising out of the unauthorized use of your Account which is
not due to the negligence of us.
b. Security. You will not access the Software by any means other than through software
that is provided by us. You shall not access or attempt to access an Account that you
are not authorized to access. You agree not to modify the software that is provided by
us to access the Software in any manner or form, or to use modified versions of the
Software, for any purposes including obtaining unauthorized access to the Software.
Violations of system or network security may result in civil or criminal liability.
8. UPGRADES. We recommend you to access the latest version of the Software.
From time to time, an upgrade to the latest version of the Software may be required in
order to take advantage of new features of the Software. The latest version of the
Software is available for download at no charge, and the minimum system requirements
for running it are provided when downloading it. Use of the Software is subject to the
acceptance of its software license agreement presented at the time of installation. For
any additional questions regarding required upgrades, please contact our Customer
Service at email@example.com.
9. INTELLECTUAL PROPERTY.
a. Acknowledgement of Ownership. You agree that the Software, including but not
limited to graphics, audio clips, editorial content, materials is owned by us and/or our
collaborators/providers/other third parties, and is protected by applicable intellectual
property and other laws, including but not limited to copyright, and that you will not use
such materials, content in any way whatsoever except for use of the Software in
compliance with these Terms and Conditions. No portion of the Software may be
reproduced in any form or by any means, except as expressly permitted hereunder. You
agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based
on the Software, in any manner, decompile or apply “reverse engineering” procedures,
remove any intellectual property right or any other sign/text of the Software, and you
shall not exploit the Software in any unauthorized way whatsoever, including but not
limited to, by trespass or burdening network capacity.
b. Removal of Content or Other Materials. Notwithstanding any other provision of these
Terms and Conditions, we reserve the right to change, suspend, remove, or disable
access to any content, materials comprising a part of the Software at any time without
notice. In no event we can be held liable for the removal of or disabling access to any
such content, materials. We may also impose limits on the use of or access to certain
features or portions of the Software, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Software, including but not limited to the
compilation of content, postings, links to other Internet resources, and descriptions of
those resources, are owned by us and/or our collaborators/providers/other third parties,
who reserve all their rights in law.
If you fail, or if we have grounds to believe that you have failed, to comply with any of
the provisions of these Terms and Conditions, including but not limited to failure to
make payment of fees due, failure to safeguard your Account information, violation of
the license to the software, or infringement or other violation of third parties' rights, of
us, at our sole discretion, without notice to you we may: (i) terminate these Terms and
Conditions and/or your Account, and you will remain liable for all amounts due under
your Account up to and including the date of termination; and/or (ii) terminate the
license to the Software; and/or (iii) preclude access to the Software (or any part
We reserve the right to modify, suspend, or discontinue the Software (or any part or
content thereof) at any time, and we can not be held liable. To the extent possible, we
will warn you in advance of any modification, suspension or discontinuation of the
11. NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB SITES. Certain
content, materials and services available via the Software may include materials from
third parties. In addition, we may provide links to certain third party Web sites. You
acknowledge and agree that we are not responsible for examining or evaluating the
content or accuracy of any such third-party material or Web sites. We do not warrant or
endorse and we do not assume and we will not have any liability or responsibility for any
third-party materials or Web sites, or for any other materials, products, or services of
third parties. Links to other Web sites are provided solely as a convenience to you. You
agree that you will not use any third-party materials in a manner that would infringe or
violate the rights of any other party, and that we are not in any way responsible for any
such use by you.
You acknowledge that we have no obligation whatsoever to furnish any maintenance
and support services with respect to any third-party products.
12. LIMITATION OF THE WARRANTY.
THE RIGHTS GRANTED HEREIN IN RELATION TO THE SOFTWARE ARE
GRANTED “AS-IS”. WE DO NOT GRANT ANY EXPRESS OR IMPLIED WARRANTY
FOR THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT
WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE
UNINTERRUPTED OR WITHOUT ERRORS. WHERE THE LAWS DO NOT ALLOW
FOR THE LIMITATION OR THE EXCLUSION OF THE WARRANTIES, THESE
LIMITATIONS OF THE WARRANTIES WILL NOT APPLY OR WILL BE LIMITED IN
COMPLIANCE WITH THE LAWS IN FORCE.
13. CHANGES. We reserve the right, at any time and from time to time, to update,
revise, supplement, and otherwise modify these Terms and Conditions and to impose
new or additional rules, policies, terms, or conditions on your use of the Software. Such
updates, revisions, supplements, modifications, and additional rules, policies, terms,
and conditions (collectively referred to as "Additional Terms") will be communicated to
you and, if accepted, will be effective immediately and will be incorporated into these
Terms and Conditions. In the event that you refuse to accept such changes, we will
have the right to terminate these Terms and Conditions.
14. NOTICES. We may send you notice with respect to the Software by sending an
email message to the email address listed in your Account contact information, by
sending a letter via postal mail to the contact address listed in your Account, or by a
posting on the 3PM website: www.3pm.pm.Notices shall become effective immediately.
15. GOVERNING LAW. These Terms and Conditions and the use of the Software is
governed by Romanian law. Any dispute shall be solved amiably and if not amiable
solution can be reached in front of the Romanian courts.
16. MISCELLANEOUS. These Terms and Conditions constitute the entire agreement
between you and us and govern your use of the Software, superseding any prior
agreements between you and us. You also may be subject to additional terms and
conditions that may apply when you use affiliate services, third-party content, or third-
party software. Any failure of us to enforce any right or provisions in these Terms and
Conditions will not constitute a waiver of such provision, or any other provision of these
Terms and Conditions. If any provision of these Terms and Conditions is found by a
court of competent jurisdiction to be invalid, the other provisions will remain in full force
and effect. We will not be responsible for failures to fulfill any obligations due to causes
beyond our control.