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.
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.
Modification or termination
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.
Privacy and Data Security
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.
Limitations of services
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.
Access to 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.
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.
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.
To cancel, you can send an email to email@example.com. You are responsible for all Subscription Fees incurred for the then-current Subscription period.
System Maintenance and Customer Support
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 (firstname.lastname@example.org) 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.
Ensolva proprietary rights
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 Ensolva application license includes:
- 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.
User content rights
User Content Transmitted Through the Service:
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:
- Reverse engineer, disassemble, decompile or otherwise attempt to derive source code from any software provided to You in connection with the Services, except as otherwise agreed to by You and Ensolva in a separate written agreement;
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Use, display, mirror, frame or utilize framing techniques to enclose the Services, or any individual element or materials within the Services, Ensolva’s name, any Ensolva trademark, logo or other proprietary information, the content of any text or the layout and design of any page or form contained on a page, without Ensolva’s express written consent;
- Access, tamper with, or use non-public areas of the Site, Ensolva’s computer systems, or the technical delivery systems of Ensolva’s providers; Attempt to probe, scan, or test the vulnerability of any Ensolva system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Ensolva’s or any of Ensolva’s providers or any other third party (including another user) to protect the Services or Content;
- Attempt to access or search the Services or Content through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through the API, software and/or search agents provided by Ensolva or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing the Ensolva trademark, logo URL or product name without Ensolva’s express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Collect or store any personally identifiable information from the Services from other users of the Services without their express prior permission, or for commercial or unlawful purposes;
- Impersonate or misrepresent Your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- “Stalk” or otherwise harass anyone;
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content; or
- Encourage or enable any other individual to do any of the foregoing.
Links to third-party websites or resources
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.
Limitation of liability
Upon any termination of Your use of the Services, You may request that Your Direct Customer Information be deleted.
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 email@example.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”.
Governing law and jurisdiction
Integration and severability
Waiver of rights
Compliance and government end users
You agree to comply with all export and import laws and regulations of Your country and other applicable jurisdictions.
Headings for convenience only
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