Opencity Inc. Terms of use

We are updating our Terms of use to reflect the General Data Protection Regulation (GDPR). We believe this sets a new global benchmark standard. 

1. Scope

1.1 The use of these internet pages provided by Opencity Inc., “Opencity Inc. Web Site”, is only allowed on the basis of these Terms of Use. These Terms of Use may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services. With log-in, or where a log-in is not required, by starting the use of the Opencity Inc. Web Site these Terms of Use are accepted in their then current version.

2. Services

2.1 Opencity Inc. offers on the Opencity Inc. Web Site specific information and software, as well as – as the case may be – related documentation, for viewing or downloading. 2.2 Opencity Inc. may stop the operation of the Opencity Inc. Web Site in full or in part at any time. Due to the nature of the internet and computer systems, Opencity Inc. cannot accept any liability for the continuous availability of the Opencity Inc. Web Site.

3. Rights of Use to Information, Software and Documentation

3.1 The use of any information, software and documentation provided on the Opencity Inc. Web Site is subject to these Terms of Use or, in case of updating information, software or documentation, subject to the applicable license terms previously agreed to with Opencity Inc.. Separately agreed to license terms shall prevail over these Terms of Use. 3.2 Opencity Inc. grants the User a non-exclusive and non-transferable right to use the information, the software and documentation made available to the User on the Opencity Inc. Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Opencity Inc. in making same available. 3.3 Software shall be made available at no expense in object code. There shall be no right for the source code to be made available. This shall not apply to source code related to open source software, which license conditions take priority over these Terms of Use in the case of transfer of open source software and which conditions require the making available of the source code. In such case Opencity Inc. shall make the source code available in return for the payment of costs. 3.4 Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof. The User may make one backup copy of the software where necessary to secure further use. 3.5 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation.

4. Intellectual Property

4.1 Notwithstanding the particular provisions in § 4 of these conditions, information, brand names and other contents of the Opencity Inc. Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Opencity Inc.. 4.2 Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the User nor shall any duty be implied to grant rights to, including, but not limited to, the use of company’s name or intellectual property rights such as patents, trademarks or utility models.

5. Duties of the User

5.1 While using the Opencity Inc. Web Site the User shall not

  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, so called Trojan Horse, or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which the User is not entitled to use, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or are illegal; or
  • distribute advertising or unsolicited e-mails (so-called “spam”) or incorrect warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.

5.2 Opencity Inc. may deny access to the Opencity Inc. Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

6. Hyperlinks

6.1 The Opencity Inc. Web Site may contain hyperlinks to the Web pages of third parties. Opencity Inc. accepts no liability for the contents of such Web pages and does not make representations about or endorse such Web pages or their contents as its own, as Opencity Inc. does not control the information on such Web pages and is not responsible for the contents and information given thereon. The use of such Web pages shall be at the sole risk of the User.

7. Liability for defects of title or quality

7.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud as well as personal injury or death. 7.2 The information may contain general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.

8. Other Liability, Viruses

8.1 Any further liability of Opencity Inc. is excluded unless required by law. Except in respect of death or personal injury arising from negligence, Opencity Inc. and the hosts of this site hereby exclude liability for any claims, losses, demands or damages of any kind whatsoever with respect to any information and/or services provided on our website including but not limited to direct, indirect, incidental or consequential loss or damages, compensatory damages or loss of profits or data whether based on a breach of contract or warranty, delict or tort (including negligence), product liability or otherwise. 8.2 Although Opencity Inc. makes every endeavour to keep the Opencity Inc. Web Site free from viruses, Opencity Inc. cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures.

9. Export Controls

9.1 The export of certain information, software and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorization. The User shall strictly conform with the export regulations for information, software and documentation, in particular with those of the EU as well as the individual EU member states and the USA. 9.2 Upon request Opencity Inc. shall inform the User of the relevant contact points for further information.

10. Data Privacy Protection

10.1 For collection, use and processing of personally identifiable data of the User of the Opencity Inc. Web Site, Opencity Inc. shall comply with applicable laws on data privacy protection and the Opencity Inc. Web Site Data Protection Privacy Policy, which is available per hyperlink on the Opencity Inc. Web Site.


11.1 The Opencity Inc. website contains information about services which may or may not be available in any particular country, and if available, have received approval or market clearance by a governmental regulatory body for different indications and restrictions in different countries. Each country has specific laws, regulations, and medical practices governing the communication of medical or other information about medical services on the Internet. Nothing herein should be construed as a solicitation or promotion for any service which is not authorized by the laws and regulations of the state or country where the reader resides.

12. Place of Jurisdiction, Applicable Law

13.1 The Opencity Inc. Web Site is operated and registered in Ontario, Canada. The service and materials on this website are provided “as is” and Opencity Inc. and the hosts of this site expressly disclaims any and all warranties, express or implied, to the extent permitted by law including but not limited to warranties of satisfactory quality, merchantability or fitness for a particular purpose, with respect to the service or any materials. If anything on this website is construed as being contrary to the laws applicable in any other country, then this website is not intended to be accessed by persons from that country and any persons who are subject to such laws shall not be entitled to use our services unless they can satisfy us that such use would be lawful. These Terms of Use shall be governed by and resolved in accordance with the applicable local laws. Copyright © 2018 Opencity Inc.. All rights reserved. Privacy Policy. Terms of use.