These Terms of Use are effective as of September 10th, 2019
Welcome to the Ensolva (“Ensolva”, “we”, “our”) website located at https://ensolva.com/ (the “Site”). Ensolva is a procurement software by RIS d.o.o, Pilepcic 10, Kastav, VAT ID: HR77917801452, represented by Mile Pavlic, Igor Zamlic and Marko Golem.
These Terms of Use (the “Terms of Use”) and our Privacy Policy (Privacy Policy”), together with any Order Form entered into between You and Ensolva, govern your use of our Site and our server monitoring and log analysis service and server configuration management service accessible via our Site. To make these Terms of Use easier to read, the Site, all content offered as part thereof, and any other services owned, controlled, or offered by Ensolva are collectively referred to herein as, the “Services”. Unless you and Ensolva have entered into a separate written agreement, subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (collectively or individually “You” or “Users”) must do so under these Terms of Use and any applicable Order Form between You and Ensolva.
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING ANY FUTURE MODIFICATIONS HERETO. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICES. IF YOU ARE ACCESSING AND USING THE SERVICES ON BEHALF OF A COMPANY (SUCH AS YOUR EMPLOYER) OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE. IN THIS CASE, “YOU” AND “USER” WILL REFER TO THAT COMPANY OR OTHER LEGAL ENTITY.
The Services are available only for individuals aged 18 years or older and capable of forming a legal contract with Ensolva and who not are barred from using the Services under applicable law.
We reserve the right, at our sole discretion, to modify the Services or to modify these Terms of Use, at any time and without prior notice. If we modify these Terms of Use, we will post the modification on the Siteand send the notice via e-mail. We will also indicate the effective date and last update date at the top of this page. By continuing to access or use the Services after we have posted a modification on the Site or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to You, Your only recourse is to cease using the Services.
We also reserve the right, at our sole discretion, to terminate the Services. In the event that we decide to discontinue or terminate the Services, we will provide You with an advance notice and reasonable assistance in mitigating any disruption this may cause.
You agree that Ensolva, in its sole discretion, has the right (but not the obligation) to delete or deactivate Your Account, block Your email or IP address, or otherwise terminate Your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any content within the Services, for any reason, including, without limitation, if Ensolva believes that You have acted inconsistently with the letter or spirit of these Terms of Use. Further, You agree that Ensolva shall not be liable to You or any third party for any termination of Your access to the Services. Further, You agree not to attempt to use the Services after said termination.
We consider Your privacy one of our highest priorities and we process your information according to the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for detailed information and notices concerning the collection and use of Your personal or confidential information.
All information provided by one Contracting Party to the other Contracting Party shall be considered as confidential and shall not be disclosed to third parties without the consent of the other Contracting Party.
All data stored in the databases located in Ensolva’s data center shall be the property of the Client and shall be considered a business secret. This includes, inter alia, personal data (hereinafter: Personal Data) within the meaning of the General Data Protection Regulation 2016/679 of the European Parliament and of the Council (hereinafter: the Regulation).
Personal data are processed for the purposes of the Client’s business and for the fulfillment of contractual and legal obligations. The following types of Personal Data are processed:
Identification data of persons who are in business relationship with the Client (such as buyers and suppliers) and related persons, who are registered for the fulfillment of contractual and legal obligations.
The obligation to maintain confidentiality of data does not relate to the following data:
Those already in the possession of the other contracting party, while the other contracting party was not obliged to keep it secret.
Who, at or after the conclusion of this Agreement, has been made public and for which the publication does not correspond to the other party.
Which the other contracting party has obtained or been disclosed by third parties who are not obliged to keep this information secret.
Which, at or after the conclusion of this Agreement, is required to be published in accordance with the applicable regulations or the decision of the competent state body. In such case, the Contracting Party shall notify the other Contracting Party of that legal requirement, unless such a prohibition prohibits such reporting.
Ensolva is obliged to carry out technical and organizational measures to ensure an adequate level of data security. Ensolva’s competence in data protection is proved by the ISO 27001 information security certificate.
Ensolva is obliged to process Personal Data only according to the Customer’s instructions. Personal Data may only be processed by the Client under the supervision of Contractors who have undertaken to respect confidentiality.
Ensolva shall not engage another Contractor (hereinafter referred to as the Subcontractor) to process the Personal Data of the Client without prior notification to the Client, in order to enable him to file a complaint. Ensolva will only engage Subcontractors who can fulfill all necessary data protection obligations, which must be specified in the Contract between Ensolva and the Subcontractor.
Ensolva shall notify the Client if, in his opinion, the Client’s instructions are in violation of the statutory regulations on data protection.
Ensolva shall make available to the Client all the information necessary to demonstrate compliance with the General Data Protection Regulation (GDPR).
Occasionally Ensolva may need to view User Content in connection with servicing the Site. Ensolva may also perform statistical analyses on User Content in connection with developing or optimizing our Services. Ensolva does not generally view or disclose your User Content.
Ensolva will only disclose User Content to its employees, contractors, and affiliated organizations that (i) need to know that information in order to process it on Ensolva’s behalf or to provide the Services, and (ii) that have agreed not to disclose it to others. Other than to its employees, contractors, and affiliated organizations, as described above, Ensolva discloses User Content only when required to do so by law, or when Ensolva believes in good faith that disclosure is reasonably necessary to protect the property or rights of Ensolva, third parties, or the public at large.
Prior to termination of Your use of the Services, You may request to export Your User Content. After termination, all User Content is subject to deletion at any time, and no later than the configured retention period or 30 days, whichever is longer.
You acknowledge that Ensolva may establish limits concerning the use of the Services, including the maximum number of days that User Content (as defined below) will be retained by the Services, the maximum number and size of log files or other content that may be transmitted or stored by the Services. You acknowledge that Ensolva shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.
You acknowledge and agree that Your use of the Services is dependent upon access to telecommunications and Internet services through devices that access web-based content. You must provide all equipment necessary to make such connection to telecommunications and Internet services, including a computer and modem or other access device and You are responsible for all costs relating thereto.
The User is liable for all telecommunication and similar expenses incurred by obtaining access to and use of the Services that are the subject of the Contract.
The User may at any time request and obtain an extraordinary backup of the data in electronic form, which is charged according to the Contractor’s valid price list.
In order to use the Services, You must register and create an account for Ensolva (“Account”) on the Site. You must use a valid e-mail address for Your Account.
It’s important that You provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
Ensolvais obliged to suspend or terminate Your account in case of suspected unauthorized usage of Your Access Data. In case You haven’t taken reasonable precautionary measures to safeguard Your Access Data, Ensolva shall not be held liable for any misuse done by the User or any third party or for any disclosure of confidential information.
By registering, You grant Ensolva a non-exclusive, transferable, worldwide, and royalty-free license to use and publicly display Your trademarks, service marks, trade names and logos (collectively, “Marks”) on the Site and Ensolva’s marketing materials to identify You as a Ensolva’s customer, and as otherwise agreed by You. We acknowledge and agree that any and all goodwill that results from our use of the Marks as permitted hereunder will inure solely to Your benefit.
Ensolva requires payment of a fee for use of the Services, and You are required to purchase a subscription (“Subscription”) for such use. Payments are processed by PayPal. RIS does not disclose any information to PayPal. In order to complete the payment, the user enters data to PayPal directly and data is processed according to PayPal’s Privacy Policy.
You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. You may need to provide additional information to verify Your identity before completing Your Transaction (such information is included within the definition of Payment Information).
Unless otherwise agreed in an Order Form entered into between You and Ensolva, when You purchase a Subscription, you will be charged the Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period (e.g., monthly or annually, as specified when you purchase such Subscription) thereafter, at the then-current Subscription Fee. 10 days before the end of your subscription period, you will be reminded to renew your subscription. In case of renewal, the payment will be processed through PayPal the same way as in the first purchase.
By agreeing to these Terms of Use and electing to purchase a Subscription, You acknowledge that your Subscription has recurring payment features and You accept responsibility for all recurring payment obligations prior to cancellation of Your Subscription by you or Ensolva. Your Subscription continues until cancelled by You or we terminate your access to or use of the Services or Subscription in accordance with these Terms of Use. If You have entered into an Order Form with Ensolva, Your Subscription Fee will be payable as set forth in the Order Form.
Unless otherwise agreed in an Order Form entered into between You and Ensolva, You can change the Service Capacity applicable to Your Subscription at any time during the Subscription period. If you upgrade the Service Capacity, You will be charged the applicable pro-rate Subscription Fee for the upgraded Service Capacity. If You reduce the Service Capacity, Your change will be effective as of Your next billing cycle. Changing the Service Capacity can be done by contacting Ensolva directly.
YOUR PURCHASE IS FINAL AND YOU WILL BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE ONLY DURING THE 14-DAYS MONEY-BACK GUARANTEE PERIOD. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, and unless otherwise agreed in an Order Form entered into between You and Ensolva, You may cancel Your Subscription at any time, but please note that YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION IF THAT TIME EXCEEDS THE 14-DAYS MONEY-BACK GUARANTEE PERIOD.
The refund (Money-Back Guarantee) rules are as follows:
The countdown of the guarantee period starts from the moment of purchase.
The user needs to demonstrate that the service was unavailable for use during the subscription period and our technical support team was not able to solve the problem.
No violations of the Terms of use or complaints about your actions up to the time of the completed refund to your account.
To cancel, you can send an email to support@ensolva.com. You are responsible for all Subscription Fees incurred for the then-current Subscription period.
Ensolva’s maintenance service includes the following tasks:
Monitoring and troubleshooting over the application part of the system.
Upgrades of your app to newer versions.
Hosting of the application on Ensolva’s servers.
Database Hosting on Ensolva’s servers.
Data backup, database located on Ensolva’s database servers, on a daily basis.
Customer support service, which includes counseling and assistance to the Client in using the Ensolva application.
Availability of the Customer Service Support from the previous paragraph depends on the number of hours included in your Subscription Plan.
The User’s requests for support services can be is submitted by e-mail (support@ensolva.com) on working days from 8 am to 4 pm (CET). The response time is up to 24 hours on working days. The customer support is not available during the weekends.
The application Ensolva, as an intellectual property copyright work, is protected by the Copyright Protection Act and International Copyright Conventions, the violation of which is subject to criminal liability. The Ensolva application is not being sold but licensed.
The license is the right to use the Ensolva application subsystem e-auctions, and by the number of users it is limited to ONE (1) named user and may be used solely for the needs of the Client.
The right to use the Ensolva eAuctions subsystem for the Client’s needs.
Thin@ Client to run and use the Ensolva application in the Norton Server.
The Client is not entitled to transfer the rights to and from this Agreement to third parties, as well as to withdraw or transfer this Agreement, in whole or in part, to third parties or to grant them the right to use the license subject (sublicense).
The Services are protected by copyright, trademark, and other laws of the EU and foreign countries. Ensolva and its licensors exclusively own or control all right, title and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Subject to your compliance with these Terms of Use, Ensolva authorizes You to download, view and print any Content available as part of the Services solely for Your personal and non-commercial purposes. For purpose of these Terms of Use, “Content” means text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.
You retain ownership rights to the data or data files of any type that You upload to the Services for storage in a data repository, including Your logs, metrics and configuration settings (“User Content”). Ensolva does not claim any ownership rights in any such User Content and nothing in these Terms of Use will be deemed to restrict any rights that You may have to use and exploit Your User Content.
You acknowledge and agree that You are solely responsible for all User Content that You make available through the Services. You will ensure that Your use of the Services and all User Content is at all times compliant with Your privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data. You represent and warrant to Ensolva that You have sufficient rights in the User Content to grant the rights granted to Ensolva under these Terms of Use and that the User Content does not infringe or violate the intellectual property, publicity, privacy or other rights of any third party.
Ensolva shall have the right to collect and analyze your User Content and other information relating to the provision, use and performance of various aspects of the Site and Service and related systems and technologies, and Ensolva will be free (during and after the term of your use of the Service) to (i) use such User Content to improve and enhance the Site and Service and for other development, diagnostic and corrective purposes in connection with the Site and Service, related software and services and other Ensolva offerings, and (ii) disclose such User Content solely in aggregate or other de-identified form, such that your (and your customers’) identity is impossible to ascertain, in connection with the Ensolva business. No rights or licenses are granted except as expressly set forth herein.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Ensolva are non-confidential and Ensolva will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree not to do any of the following in connection with using the Services:
Ensolva may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Ensolva has no obligation to monitor Your access to or use of the Services or Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Services, to ensure Your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Ensolva reserves the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that Ensolva, in its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Services
The Services may contain features and functionalities that may link You or provide You with access to third party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that Your use of the Services will be uninterrupted or error-free, nor that we will review any User Content for accuracy or that we will preserve or maintain the User Content data without loss. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
UNDER NO CIRCUMSTANCES SHALL ENSOLVA (OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR CONTENT) BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR ANY KIND, RESULTING FROM OR IN CONNECTION WITH THESE TERMS OF USE OR FROM USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ENSOLVA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN SOME JURISDICTIONS, EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Upon any termination of Your use of the Services, You may request that Your Direct Customer Information be deleted.
IN NO EVENT WILL ENSOLVA’S TOTAL LIABILITY RESULTING FROM OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED, IN THE AGGREGATE, THE HIGHER OF 100% OF THE FEES PAID TO ENSOLVA UNDER THESE TERMS OF USE DURING THE CURRENTLY EFFECTIVE SUBSCRIPTION PERIOD.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ENSOLVA AND YOU.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at support@ensolva.com, or via Ensolva’s community communication tools, such as Capterra, SoftwareAdvice, Facebook etc. If you provide us with any Feedback, You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit such Feedback for any purpose.
Upon termination, discontinuance or cancellation of the Services or your Account, the following sections will survive: “Ensolva Proprietary Rights”, “Warranty Disclaimers”, “Limitation of Liability”, “Governing Law and Jurisdiction”, “Integration and Severability”, “Assignment”, “Notices”, and “Waiver of Rights”.
These Terms of Use, Your rights and obligations, and all actions contemplated by these Terms of Use shall be governed by the laws of the EU, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state courts of Croatia. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services must be filed within one year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Unless You and Ensolva have entered into a separate written agreement, these Terms of Use, together with all Order Forms in effect, constitute the entire agreement between You and Ensolva with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Ensolva with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Ensolva’s prior express written consent. Any attempt by You to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Ensolva may assign or transfer these Terms of Use, in its sole discretion, without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Ensolva under these Terms of Use, including those regarding modifications to these Terms of Use, will be given: (i) via email; and (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Ensolva’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Ensolva. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise.
You agree to comply with all export and import laws and regulations of Your country and other applicable jurisdictions.
You agree that You have not received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from any Ensolva employees or agents in connection with these Terms of Use. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction. If You learn of any violation of the above restriction, You will use reasonable efforts to promptly notify Ensolva.
Headings are for convenience only and have no legal or contractual effect.
If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Site, please notify Ensolva’s copyright agent. For Your complaint to be valid, You must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that You claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Site;
Information reasonably sufficient to permit Ensolva to contact You, such as Your address, telephone number, and e-mail address;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
Ensolva’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
Ensolva
RIS d.o.o.
Pilepcic 10
51215 Kastav
Croatia
support@ensolva.com
If You have any questions about the Terms of Use, please contact us at support@ensolva.com.
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