Privacy Policy

Privacy Policy

Effective Date: September 14, 2022

Please read this End-User License Agreement ("Agreement") carefully relating to the use of PowerForm™ ("Application").

By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. This Agreement is hereby entered into and agreed upon by you, either as an individual or an entity (“You”) and Cormant Technologies Inc. and its affiliates, directors, officers, agents, employees and its suppliers and licensors (collectively referred to herein as “Cormant”) and it governs Your use of the Application made available to You by Cormant.

If You do not agree to the terms of this Agreement, do not use the Application.

The Application is licensed, not sold, to You by Cormant for use strictly in accordance with the terms of this Agreement.

1 DEFINITIONS

1.1 “Application” means the object code versions of the product, together with the updates, upgrades, modifications or enhancements provided by Cormant to You pursuant to this Agreement.

1.2 “Computer” means the hardware, if the hardware is a single computer system whether physical or virtual, or shall mean the computer system with which the hardware operates, if the hardware is a computer system component.

1.3 “Cormant” means Cormant Technologies Inc., a company that owns the Application and the Documentation.

1.4 “Documentation” means all guides, training materials, presentations, videos and other documentation/electronic media relating to the Application and terms of use.

1.5 “Smart Phone” means a cellular telephone or other type of device, including WiFi only devices, with built-in applications and Internet access.

2 GENERAL USE

2.1 The Application is a software application comprising various individual software components, each of which has been written individually and is copyrighted.

2.2 Any third party software, including any third party's plug-in, that may be provided with the Application is included for use by You. Cormant is not responsible for any third party's software and shall have no liability for the use of third party software by You.

The third-party software contained in this Application may include or contain software licensed under the following licenses: GNU General Public License (“GPL”) or Lesser GNU General Public License (referred to as “Open Source Programs”). These Open Source Programs are licensed pursuant to end user license agreements that permit the end user to copy, modify, and redistribute the software, in both source code and binary code forms. Nothing in this Agreement limits any end user’s rights under, or grants the end user rights that supersede, the terms of any applicable Open Source Program end user license agreement.

2.3 Cormant hereby grants You, upon installation of the Application, the license to use the Application set out in Section 3 “License” subject to the terms contained in this Agreement.

3 LICENSE

3.1 Cormant grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application and Documentation solely for Your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

3.2 For each license that You purchase to use the Application for a Computer or Smart Phone, You may: (i) use the Application on any single Smart Phone/Computer; and (ii) copy the Application for back-up/archival purposes, provided any copy of the Application must contain all of the original proprietary notices relating to the Application.

3.3 The Application is deemed to be "in use" on a Computer/Smart Phone when it is either (i) loaded into temporary memory, or (ii) installed in permanent memory (Hard Drive, CD-ROM or other storage device). You agree to use best efforts to protect and prevent the contents of the Application and any Documentation from all unauthorized use or disclosure by any party. You agree that You will register this Application and any corresponding information (e.g. user name, mobile number, IMEI) with Cormant and that You will only install Application obtained directly from Cormant or approved for use by Cormant.

4 RESTRICTIONS

4.1 You agree not to, and You will not permit others to:

4.1.1 license, sell, rent, lease, transfer, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or Documentation or make the Application or Documentation available to any third party.

4.1.2 copy or use the Application or Documentation for any purpose other than as permitted under the above section “License”.

4.1.3 modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer (except to the extent that this restriction is expressly prohibited by law) any part of the Application or create derivative works based upon the Application or Documentation.

4.1.4 remove, alter, move, hide or obscure any proprietary notice (including any notice of copyright or trademark, icon, image or text that represents the company name of Cormant or PowerForm™) of Cormant or its affiliates, partners, suppliers or the licensors of the Application. All representations to the company name “Cormant” and “PowerForm™” must remain as originally distributed regardless of the presence or absence of a trademark, copyright, or other intellectual property symbol or notice requirement.

4.2 Any such prohibited use shall immediately terminate Your license to the Application and the Documentation.

4.3 You agree that You shall only use the Application and Documentation in a manner that complies with all applicable laws in the jurisdictions in which You operate and/or use the Application and Documentation (including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights).

5 INTELLECTUAL PROPERTY

5.1 Unless as conveyed herein, the Application and Documentation (including without limitation all copyrights, patents, trademarks, trade secrets, images designs and other intellectual property rights) are, and shall remain, the sole and exclusive property of Cormant.

5.2 This Agreement does not grant You any rights, title, or interest in or to any trademarks, service marks, or trade secrets of Cormant or its suppliers. The Application and Documentation are protected by the copyright and intellectual property laws of the Philippines. All rights not expressly granted under this Agreement are reserved by Cormant, its suppliers, or third parties.

6 MODIFICATIONS TO APPLICATION

6.1 Cormant reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

7 UPDATES TO APPLICATION

7.1 Cormant may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

7.2 Updates may modify or delete certain features and/or functionalities of the Application. You agree that Cormant has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

7.3 You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

8 THIRD-PARTY SERVICES

8.1 The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

8.2 You acknowledge and agree that Cormant shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Cormant does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-Party Services.

8.3 Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at Your own risk and subject to such third parties' terms and conditions.

9 PRIVACY POLICY

9.1 Cormant Technologies Inc. collects, stores, maintains, and shares information about You in accordance with its Privacy Policy, which is available at www.cormanttech.com. By accepting this Agreement, You acknowledge that you hereby agree and consent to the terms and conditions of Cormant’s Privacy Policy.

9.2 Cormant hereby agrees that the data and information (including without limitation, computer software, computer database, computer software documentation, specifications, design drawings, reports, blueprints, and the like) generated by the Application from Your proprietary data and information shall be and remain Your sole property. Cormant may collect and track non-personally identifiable information about You, including but not limited to Your IP address, the type of hardware You use, and the type of browser You employ, to assist with the necessary operation and function of the Software. Cormant reserves the right to compile, save, and use within the scope of Cormant’s activities and to analyze any and all of Your data (registration data and use history). Cormant’s use of any such data shall be for internal purposes only, including without limitation for the purposes of responding to Your requests for information, for contacting You, or providing You maintenance and support. Any such use of Your data will be treated as confidential information.

10 UPDATES TO APPLICATION

10.1 This Agreement shall remain in effect until terminated by You or Cormant.

10.2 Cormant may, in its sole discretion, at any time and for any or no reason elect not to renew this Agreement on the expiry of any license term with or without prior notice.

10.3 This Agreement will terminate immediately, without prior notice from Cormant, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and Documentation and all copies thereof from your Smart Phone and Computer.

10.4 Upon termination of this Agreement, You shall cease all use of the Application and Documentation and delete all copies of the Application from Your Smart Phone or Computer.

10.5 Termination of this Agreement will not limit any of Cormant's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.

11 INDEMNIFICATION

11.1 You agree to indemnify and hold Cormant and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

12 WARRANTIES

12.1 Cormant warrants to You that for a period of thirty (30) days following delivery of the Application to You, and during any period covered by support and maintenance, that the Software will perform substantially in conformance with the Documentation. To the maximum extent permitted under applicable law, Cormant, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all other warranties, whether express, implied, statutory or otherwise, with respect to the Application and Documentation, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Cormant provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

12.2 Without limiting the foregoing, neither Cormant nor any of Cormant's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Cormant are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

12.3 EXCEPT AS EXPRESSLY STATED IN THIS SECTION, CORMANT TECHNOLOGIES INC. IS PROVIDING AND LICENSING THE APPLICATION TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

12.4 Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.

13 LIMITATION OF LIABILITY

13.1 Your exclusive remedy for any breach of the foregoing warranty, Cormant will, at its sole option and expense, promptly repair or replace any medium or Software that fails to meet this limited warranty. Any replacement Software will be warranted for thirty (30) days.

13.2 To the maximum extent permitted by applicable law, in no event shall Cormant or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Cormant or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

13.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CORMANT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF FEES THAT YOU HAVE PAID TO CORMANT IN THE PRECEDING (12) TWELVE MONTHS OR BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SOFTWARE PROGRAMS, EVEN IF CORMANT OR A DEALER AUTHORIZED BY CORMANT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

13.4 Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

14 SEVERABILITY

14.1 If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15 WAIVER

15.1 Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

16 AMENDMENTS TO THIS AGREEMENT

16.1 Cormant reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material Cormant will provide at least fifteen (15) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of Cormant.

16.2 By continuing to access or the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application and Documentation.

17 GOVERNING LAW

17.1 The laws of Philippines, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Application. You hereby consent to jurisdiction of the courts of Taguig.

17.2 Your use of the Application may also be subject to other local, state, national, or international laws.

18 CONTACT INFORMATION

18.1 18.1 If You have any questions about this Agreement, please contact Cormant Technologies Inc. at 20th Floor, Twenty Four Seven McKinley Building, 24th Street cor. 7th Ave., Bonifacio Global City, 1634 Taguig, Philippines or +632 835 8000 or Info@CormantTech.com.

19 ENTIRE AGREEMENT

19.1 The Agreement constitutes the entire agreement between You and Cormant regarding Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and Cormant.

19.2 You may be subject to additional terms and conditions that apply when You use or purchase other Cormant's services, which Cormant will provide to You at the time of such use or purchase.