UAB MOCAP.LT Terms and Conditions

Updated April 5, 2022

You should review these Terms and Conditions and UAB MOCAP.LT Privacy Policy prior to using any UAB MOCAP.LT Software applications, Websites and Services.

UAB MOCAP.LT retains all rights, title, and interest in and to the UAB MOCAP.LT Software applications, Websites and Services (collectively, “MOCAP.LT PRODUCTS”), and any Updates it may make available to you under this Agreement. You agree to cooperate with UAB MOCAP.LT to maintain UAB MOCAP.LT's ownership of the PRODUCTS, and, to the extent that you become aware of any claims relating to the PRODUCTS, you agree to use reasonable efforts to promptly provide notice of any such claims to UAB MOCAP.LT.

UAB MOCAP.LT may provide access to the PRODUCTS. You agree to access and use such PRODUCTS only through the ways and means provided by UAB MOCAP.LT.

You may not use the PRODUCTS in any manner that is inconsistent with these Terms and Conditions or that infringes any intellectual property rights of the third party or UAB MOCAP.LT, or that violates any applicable laws or regulations.

You agree that the PRODUCTS contain proprietary content, information and material owned by UAB MOCAP.LT and its licensors, and are protected by applicable intellectual property and other laws. You may not use such proprietary content, information or materials in any way whatsoever, except for the permitted uses of the PRODUCTS under these Terms and Conditions, or as otherwise agreed by UAB MOCAP.LT in writing.

You understand there may be storage capacity, transmission, and/or transactional limits for the PRODUCTS. If you reach such limits, then you may be unable to use the UAB MOCAP.LT Software applications, Websites and Services or may be unable to access or retrieve data from such PRODUCTS through your covered products or through the applicable end-user accounts.

You agree not to sell access to the PRODUCTS in any way. You agree not to fraudulently create any end-user accounts or induce any end-user to violate these Terms and Conditions and their applicable end-user terms or service agreement with UAB MOCAP.LT or to violate any UAB MOCAP.LT usage policies for such end-user services. Except as expressly set forth herein, you agree not to interfere with an end-user’s ability to access or use any such services.

As a condition to using the PRODUCTS, you agree that you will use it for the purposes and in the manner expressly permitted by these Terms and Conditions and in accordance with all applicable laws and regulations.

UAB MOCAP.LT reserves the right to change, suspend, deprecate, deny, limit, or disable access to the PRODUCTS, or any part thereof, at any time without notice. In no event will UAB MOCAP.LT be liable for the removal of or disabling access to any of the foregoing. UAB MOCAP.LT may also impose limits and restrictions on the use of or access to the PRODUCTS, may remove the PRODUCTS for indefinite time periods, may revoke your access to the UAB MOCAP.LT Software applications, Websites and Services, or may cancel the provision of PRODUCTS (or any part thereof) at any time without notice or liability to you and in its sole discretion.

UAB MOCAP.LT does not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed by any PRODUCTS. To the extent you choose to use the PRODUCTS, you are responsible for your reliance on any such data or information. You are responsible for your use of the PRODUCTS, and if you use such Software applications, Websites and Services, then it is your responsibility to maintain appropriate alternate backup of all your content, information and data, including but not limited to any content that you may provide to UAB MOCAP.LT for hosting as part of your use of the PRODUCTS.

You understand and agree that you may not be able to access certain PRODUCTS upon expiration of your subscription or breach of these Terms and Conditions and that UAB MOCAP.LT reserves the right to suspend access to or delete content, data or information that you have stored through your use of such PRODUCTS.

PRODUCTS availability, pricing are subject to change. Further, the PRODUCTS may not be made available. UAB MOCAP.LT reserves the right not to provide (or to cease providing) the PRODUCTS at any time in its sole discretion.

UAB MOCAP.LT may extend, enhance, or otherwise modify the PRODUCTS (or any part thereof) provided hereunder at any time without notice, but UAB MOCAP.LT shall not be obligated to provide you with any Updates to the PRODUCTS. If Updates are made available by UAB MOCAP.LT, these Terms and Conditions will govern such Updates.

The PRODUCTS may contain inaccuracies or errors that could cause failures or loss of data and may be incomplete. UAB MOCAP.LT reserves the right to change, suspend, remove, or disable access to any Software applications, Websites and Services (or any part thereof) at any time without notice. In no event will UAB MOCAP.LT be liable for the removal of or disabling access to any such services. UAB MOCAP.LT may also impose limits on the use of or access to certain services, or may remove the services for indefinite time periods, or cancel the services at any time, and in any case and without notice or liability. To the maximum extent permitted by applicable law, you expressly acknowledge and agree that use of the UAB MOCAP.LT Software applications, Websites and Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

The UAB MOCAP.LT Software applications, Websites and Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and UAB MOCAP.LT, UAB MOCAP.LT’s agents and UAB MOCAP.LT's licensors (collectively referred to as “UAB MOCAP.LT”) hereby disclaim all warranties and conditions with respect to the UAB MOCAP.LT Software applications, Websites and Services, either express, implied or statutory, including without limitation the implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, and non-infringement of third party rights. UAB MOCAP.LT does not warrant against interference with your enjoyment of the PRODUCTS, that the PRODUCTS will meet your requirements, that the operation and provision of the PRODUCTS, will be uninterrupted, timely, secure or error-free, that defects or errors in the PRODUCTS will be corrected, or that the PRODUCTS will be compatible with future PRODUCTS or any third party software, applications, or services, or that any information stored or transmitted through any PRODUCTS will not be lost, corrupted or damaged.

You acknowledge that the PRODUCTS are not intended or suitable for use in situations or environments where errors, delays, failures or inaccuracies in the transmission or storage of data or information by or through the PRODUCTS could lead to personal injury (including life loss), or financial, physical, property or environmental damage.

No oral or written information or advice given by UAB MOCAP.LT or an UAB MOCAP.LT authorized representative will create a warranty not expressly stated in these Terms and Conditions.

To the extent not prohibited by applicable law, in no event will UAB MOCAP.LT be liable for personal injury (including life loss), or any incidental, special, indirect, consequential or punitive damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to these Terms and Conditions, your use or inability to use the Software applications, Websites and Services, however caused, whether under a theory of contract, warranty, tort (including negligence), products liability, or otherwise, even if UAB MOCAP.LT has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any remedy. In no event shall UAB MOCAP.LT’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one euro (1.00 €).

To the extent permitted by applicable law, you agree to indemnify and hold harmless, and upon UAB MOCAP.LT’s request, defend, UAB MOCAP.LT, its owners, directors, officers, employees, independent contractors and agents (collectively, “UAB MOCAP.LT Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs (collectively, “Losses”), incurred by an UAB MOCAP.LT Indemnified Party.

You acknowledge that neither the PRODUCTS are intended for use in which errors or inaccuracies in the content, functionality, services, data or information provided by any of the foregoing or the failure of any of the foregoing, could lead to personal injury (including life loss), or severe physical or environmental damage, and, to the extent permitted by law, you hereby agree to indemnify, defend and hold harmless each UAB MOCAP.LT Indemnified Party from any Losses incurred by such UAB MOCAP.LT Indemnified Party by reason of any such use.

In no event may you enter into any settlement or like agreement with a third party that affects UAB MOCAP.LT's rights or binds UAB MOCAP.LT in any way, without the prior written consent of UAB MOCAP.LT.

Portions of the PRODUCTS may utilize or include third party software and other copyrighted material. Your use of such material is governed by their respective Terms and Conditions.

You acknowledge that UAB MOCAP.LT will be collecting, using, storing, transmitting, processing and analyzing (collectively, “Collecting”) diagnostic, technical, and usage logs and information from the PRODUCTS. This information will be Collected in a form that does not personally identify you.

The information that would be Collected includes, but is not limited to, general diagnostic and usage data, various unique device identifiers, various unique system or hardware identifiers, details about hardware and operating system specifications, performance statistics, and data about how you use the PRODUCTS.

In some cases UAB MOCAP.LT may need to Collect information that would personally identify you, but only if UAB MOCAP.LT has a good faith belief that such Collection is reasonably necessary to:

  • provide the UAB MOCAP.LT Services;
  • comply with legal process or request;
  • verify compliance with these Terms and Conditions;
  • prevent fraud, including investigating any potential technical issues or violations; or
  • protect the rights, property, security or safety of UAB MOCAP.LT, its developers, customers or the public as required or permitted by law.

By installing or using the PRODUCTS, you acknowledge and agree that UAB MOCAP.LT and its subsidiaries and agents have your permission to Collect any and all such information and use it as set forth in this Section. Further, you agree that UAB MOCAP.LT may share the diagnostic, technical, and usage logs and information (excluding personally identifiable information) with partners and third-party developers for purposes of allowing them to improve UAB MOCAP.LT Software applications, Websites and Services.

Failure by UAB MOCAP.LT to enforce any provision of these Terms and Conditions shall not be deemed a waiver of future enforcement of that or any other provision. Any laws or regulations that provide that the language of a contract will be construed against the drafter will not apply to these Terms and Conditions. Section headings are for convenience only and are not to be considered in construing or interpreting these Terms and Conditions.

Any litigation or other dispute resolution between you and UAB MOCAP.LT arising out of or relating to these Terms and Conditions, the PRODUCTS, or Your relationship with UAB MOCAP.LT will take place in Vilnius, Lithuania, and you and UAB MOCAP.LT hereby consent to the personal jurisdiction of and exclusive venue in the courts within that city with respect any such litigation or dispute resolution. These Terms and Conditions will be governed by and construed in accordance with the laws of the Republic of Lithuania.

We do not share and do not sell your Personal Data.

We use personal data to provide our services and to communicate with you. To respond to communications, reach out to you about your transactions or account, market our products and services, provide other relevant information, or request information or feedback. From time to time we may use your personal data to send important notices, such as communications about purchases and changes to our terms, conditions and policies.

We retain personal data only for so long as necessary to fulfill the purposes for which it was collected, including as described in this Privacy Policy or as required by law.

We believe that great privacy rests on great security. We use administrative, technical and physical safeguards to protect your personal data.

We respect your rights and ability to know, access, correct, transfer, restrict the processing of and delete your personal data.

Our websites, online services and interactive applications may use “cookies” and other technologies such as web beacons. These technologies help us to better understand user behavior, tell us which parts of our websites people have visited, and measure the effectiveness of advertisements and web searches.

Necessary Cookies
These cookies are set as required to provide a specific feature or service that you have accessed or requested. For example, they allow us to display our websites in the proper format and language, to authenticate and verify your transactions.

Communications Cookies
These cookies are used to enable network traffic to and from our sites and applications and help us detect any errors.

Other Cookies
These cookies are used to understand how visitors interact with our websites and online services, including the effectiveness of advertisements and web searches. We also use these cookies to remember choices you make while browsing, so we can provide you with a customized experience.

If you prefer that we not use cookies, we provide you with the means to disable their use. If you want to disable cookies, please check with your browser provider to find out how to disable cookies.

Certain features of our apps and websites may not be available if all cookies are disabled. In addition to cookies, we use other technologies that help us achieve similar objectives. In some email messages we send to you, we provide a “click-through URL” that links you to content on our website. When you click one of these URLs, they pass through a separate server before arriving at the destination page on our website. We track this click-through to help us determine interest in particular topics and measure whether we are communicating with you effectively. If you prefer not to be tracked in this way, you should not click graphic or text links in email messages.

We generally treat data we collect using these cookies and similar technologies as non-personal data. However, IP addresses or similar identifiers are considered as personal data.

UAB MOCAP.LT applications connect you to the world. To make that possible, your personal data may be transferred to or accessed by entities around the world, to perform processing activities in connection with your use of our products and services. UAB MOCAP.LT complies with laws on the transfer of personal data between countries to help ensure data protection.