Terms and conditions

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