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Terms of Service

Last updated: December 2024

1. Agreement to Terms

By accessing or using the Precisometer website (precisometer.com) and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.

These Terms constitute a legally binding agreement between you and Precisometer ("we", "us", or "our"), a company based in the Netherlands.

2. Description of Services

Precisometer develops and provides precision instruments for viscosity and microrheology measurements using optical tweezers technology. Our website provides information about:

  • Our products, including the RheoScope platform
  • Technology and applications
  • Company information and contact details
  • Open-source resources and documentation

3. Intellectual Property Rights

3.1 Our Content

All content on our website, including but not limited to text, graphics, logos, images, software, and the overall design, is the property of Precisometer or its licensors and is protected by copyright, trademark, and other intellectual property laws.

3.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

  • Reproduce, distribute, or publicly display our content without permission
  • Modify, create derivative works from, or reverse engineer any part of our website
  • Use our trademarks or branding without written authorization
  • Remove any copyright or proprietary notices from our materials

3.3 Open-Source Software

Certain software and resources may be made available under open-source licenses. Such materials are subject to their respective license terms, which will be clearly indicated. Open-source licenses take precedence over these Terms for the applicable materials.

4. User Conduct

When using our website, you agree not to:

  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Submit false, misleading, or fraudulent information
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with the proper functioning of our website
  • Use automated systems (bots, scrapers) without our permission
  • Transmit viruses, malware, or other harmful code
  • Engage in any activity that could damage our reputation or business

5. Product Information

We make every effort to ensure that product information, specifications, and descriptions on our website are accurate and up-to-date. However:

  • Specifications and features are subject to change without notice as we continue to develop and improve our products
  • Images and illustrations are for reference purposes and may not exactly represent the final product
  • Performance data is based on controlled laboratory conditions and actual results may vary depending on specific applications and samples

For the most current and detailed product information, please contact us directly.

6. Contact Form and Communications

When you submit information through our contact form or communicate with us:

  • You agree to provide accurate and complete information
  • You consent to us contacting you regarding your inquiry
  • Any ideas, suggestions, or feedback you provide may be used by us without obligation or compensation to you

Please see our Privacy Policy for information on how we handle your personal data.

7. Third-Party Links

Our website may contain links to third-party websites or resources. These links are provided for your convenience only. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party sites. Accessing third-party links is at your own risk.

8. Disclaimer of Warranties

Our website and its content are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability and fitness for a particular purpose
  • Warranties that the website will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy or completeness of information

Mandatory law carve-out: Nothing in this section excludes or limits any warranty or guarantee that cannot be excluded or limited under applicable law, including consumer protection laws where applicable.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Precisometer and its directors, employees, partners, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from:

  • Your use or inability to use our website
  • Any errors, inaccuracies, or omissions in our content
  • Unauthorized access to or alteration of your data
  • Any third-party conduct or content on our website

Our total liability for any claims arising from these Terms or your use of our website shall not exceed the amount you paid us, if any, in the twelve (12) months preceding the claim.

Mandatory law carve-out: Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) intent or gross negligence (opzet of grove schuld); or (d) any other liability that cannot be excluded or limited under applicable Dutch or EU law, including mandatory consumer protection rights.

10. Indemnification

You agree to indemnify, defend, and hold harmless Precisometer and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your:

  • Use of our website or services
  • Violation of these Terms
  • Violation of any rights of a third party
  • Violation of any applicable laws or regulations

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our website shall be subject to the exclusive jurisdiction of the courts located in the Netherlands.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

13. Changes to Terms

We may modify these Terms from time to time. Changes will be handled as follows:

  • Minor changes(clarifications, typos, formatting): Effective immediately upon posting, with an updated "Last updated" date.
  • Material changes(changes to liability, rights, or obligations): We will provide at least 30 days' notice by posting the updated Terms with a prominent notice indicating the changes. Material changes will include a specific effective date.

Your continued use of our website after the effective date of any changes constitutes acceptance of the modified Terms. If you do not agree with material changes, you should stop using our website before the changes take effect.

We encourage you to review these Terms periodically. The "Last updated" date at the top indicates when these Terms were last revised.

14. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Precisometer regarding your use of our website and supersede any prior agreements.

15. Contact Information

If you have any questions about these Terms of Service, please contact us:

Precisometer

CometLab

Eisingastraat 9, 2201 DJ, Noordwijk, Netherlands

Email: info@precisometer.com