Valid since February
5th, 2019
Introduction
You agree to the
following terms that apply for all services of MITOM skupina d.o.o. online or
elsewhere. The term “360-operations services” applies to the use of
360-operations applications, which are meant to aid businesses in procurement
digitization or any other service of the company MITOM skupina d.o.o.
This website contains
the legal framework for the use of the 360-operations website, the use of
whichever secondary 360-operations website and all functionalities of
360-operations, which includes the Terms of Service, the Privacy Policy and the
Cookie Policy.
Before using
360-operations, you must be familiar with the content of all the
above-mentioned documents.
Business purpose
360-operations enables
companies to digitalize field work. Each organisation can perform an
independent configuration of work processes in the context of the service and
then perform those processes.
Privacy
At MITOM skupina
d.o.o., we respect privacy. In your business with us, we may have to gather
process and store certain personal data of users. We strive to keep the
collection of personal data at the minimal possible level, which still allows
the provision of services.
Personal data will be
used only to the extent necessary for legitimate business purposes. More
information on this can be found in the Privacy Policy.
Services
Each company can
choose the level of service utilisation, additional modules and size packages.
The service configuration is defines in a service agreement contract, signed by
both parties.
Each company pays a
subscription for the service configuration monthly in advance
Any service
configuration change request is executed immediately after the change is agreed
and annex to the initial contract is signed by both parties. There are no
reimbursements possible or allowed.
360-operations is
available exclusively to legal persons, regardless of their location. The
currency used is the Euro (€) and is not dependant on the country in which the
legal person has a registered office in. 360-operations is not available to
final purchasers (natural persons).
By concluding the
agreement to use 360-operations, the company agrees to pay the applicable fees
and taxes, such as VAT, sales tax and other applicable taxes imposed by
relevant legislation. 360-operations is not responsible for any incorrectly
indicated information.
The company can pay
for the subscription only after the MITOM skupina d.o.o. will issue the
invoice. The payment can only be done to MITOM skupina d.o.o. business account.
License
360-operations is
protected by law and intellectual property contracts. 360-operations or any of
its parts is not sold in any form.
360-operations is
comprised of several modules. This License Agreement applies to all modules
unless otherwise stated. Modules as components make up 360-operations and may
not be used in any way separately from 360-operations or for purposes other
than the purpose of using the 360-operations service.
Each company can use
the 360-operations service at all times during which MITOM skupina d.o.o.
provides its service. The use of 360-operations is possible (with possible
restrictions) regardless of membership level used. 360-operations can be used
only for business purposes of a legal person.
All rights, which are
not expressly granted, are reserved exclusively by MITOM skupina d.o.o..
Reverse engineering, de-compiling and disassembly of 360-operations is not
permitted, except and exclusively to the extent to which such activities are
expressly permitted by this contract or by relevant legislation.
360-operations is
licensed to a single legal person and is linked exclusively to that legal
person. One legal person differs from another legal person if they have
different tax numbers.
Reselling,
distributing and sub licensing 360-operations or allowing it to be used for the
development, production or marketing of a service or product similar to
360-operations or 360-operations software, is prohibited.
Only the use of
360-operations for business purposes is permitted (as stated in the Terms of
Use).
Should 360-operations
be used for illegal purposes or for activities that may harm 360-operations,
authorised dealers or other users of 360-operations, we reserve the right to
terminate the provision of the service without prior notice.
The use of
360-operations in any way, which could harm, disable, impose, obstruct or
otherwise influence 360-operations, is prohibited.
Any violation of the
restrictions of use constitutes a sufficient reason for terminating this
Agreement. The impossibility of introducing this Agreement for any reason does
not mean that we waive the right to terminate this Agreement indefinitely.
MITOM skupina d.o.o.
may terminate this Agreement without notice, without prejudice to other rights
deriving from this Agreement.
Service level
agreement
MITOM skupina d.o.o.
is committed to providing a reliable, high-quality support system for
360-operations services. We are working to ensure that our services are
available at least 99% of the time in a calendar year.
If the availability of
hosting services falls below 99% in a given calendar year, you are entitled to
initiate a procedure for extending your subscription package. If and when your
request is approved, your subscription package will be extended for the approved
period of time.
The MITOM skupina
d.o.o. team and our authorised partners are available to help in the event of
technical or substantive questions. You can always contact us through our chat
room, e-mail or by phone. If a local operator (native speakers of the language)
is unavailable, we provide support in the English language.
Working hours of our
support team are every working day from 8:00 to 16:00, Central European time
(CET). We only provide 360-operations related support.
Intellectual
property rights
All intellectual
property rights in connection with 360-operations (including, among other
things, texts, pictures and photographs), any accompanying printed materials
and any software copies are owned by MITOM skupina d.o.o..
All intellectual
property rights in connection with the content, which is not included in the
software, but is accessible through use of the service, are owned by their
appropriate owners and may be protected by copyright or other intellectual
property rights and agreements, pursuant to relevant legislation. This license
agreement does not grant any usage rights of this content, or rights in
connection with any 360-operations trademark product or service.
Limited Warranty
MITOM skupina d.o.o.
guarantees that the 360-operations service and 360-operations software will
function in accordance with the listed characteristics for the entire period of
use.
You are not entitled
to any compensation, including due to consequential damages if the service or
software does not meet the requirements of the Limited Warranty of
360-operations, even if any actions are not successful.
This limited warranty
does not apply in case service and/or software failure resulting from an
accident, abuse, misuse or a virus. Contact MITOM skupina d.o.o. or a
contracting partner to exercise your right to act.
Warranty Statement
The above-mentioned
Limited Warranty represents the only exclusive warranty and is valid in place
of other warranties (if they exist), which would derive from any other
documentation. Except as part of the limited warranty and to the maximum extent
permitted by relevant legislation, MITOM skupina d.o.o. and its suppliers
provide the 360-operations service, 360-operations software and support
services (if they exist) as they are and with all defects. We are hereby
declaring that there are no warranties or conditions valid, whether explicit,
implicit or legislative, including implied warranties, obligations and
conditions of suitability for sale, suitability for certain purposes, accuracy
or integrity of responses, results, professionalism, an absence of viruses and
absence of negligence. All of the above applies to our services, software and
to either our successful or unsuccessful provision of support. We also do not
guarantee any warranties or conditions in the areas of uninterrupted use,
undisturbed possession and correspondence with regards to descriptions or
service or program violations.
Exclusion of liability
for the occurrence of incidental, consequential and other damage
To the fullest extent
permitted by relevant legislation, MITOM skupina d.o.o. and its contractual
partners are not liable for any special, incidental, indirect or consequential
damages (including, among other things, damage due to loss of profit or loss of
confidential or other data, business disturbances, personal injuries, loss of
privacy, failure to perform any duties, including in good faith or reasonable
care, negligence and other financial or any other damage) that originates or is
related in any way to the use or inability to use the 360-operations service,
the performance or non-performance of the support services, or any provision
from this Agreement, even in the event of a defect, unlawful conduct (including
negligence), liability for damages, breach of a contract or a guarantee from
MITOM skupina d.o.o. or contractual partners, even if MITOM skupina d.o.o. or
its contractual partners were aware of the possibility of such damage.
Limitation of
liability and legal remedies
Regardless of any
damage that may arise for you for any reason (including, among other things,
all the direct or general damages listed above), all liability of MITOM skupina
d.o.o. and its authorised partners under any of the terms of this Agreement and
your right to enforce legal remedies for all of them are limited to the amount
actually paid for the use of 360-operations over the past 6 months to the
moment of the occurrence of the damage.
Responsibility for
the content
Each 360-operations
user agrees that they are solely responsible for the content of all visible,
written and audio data, which they provide upon using 360-operations. They
further agree that they will not use 360-operations to upload harassing,
insulting, threatening, obscene or inappropriate content or messages, or
content, which would breach intellectual property rights of any website or
would be in any way illegal and warrant civil liability. The same applies to
content or messages, which would represent or encourage acts, which would
constitute a criminal act under any relevant legislation. Although MITOM
skupina d.o.o. is not responsible for such messages, we may delete them at any
time and without prior notice.
Changes
We reserve the right
to amend or update these Terms and Conditions at any time. All changes will be
posted on this website along with the date of entry into force. We advise you
to monitor the site so you will always be familiar with the changes.
If changes
significantly affect the rights and obligations of this title, we will do our
best to inform you about the changes. Based on your continued use of services
after the entry into force of the revised Terms and Conditions, we conclude
that you have read, understood and agreed with the current version of the Terms
and Conditions