Terms of Service – Crew and Tools Management
Valid from 1st of May 2022
Welcome to the Remato.com platform. These Terms of Service define the terms under which you may use our platform and services. Please read the Terms of Service carefully. If you do not agree to the Terms of Service, you will not be able to use our platform and services.
Brief summary of the Terms of Service:
- Remato.com is a software service (software-as-a-service or SaaS), which is intended primarily for construction companies to organize their daily work. The Service is designed for project management, construction documentation, working time and equipment management.
- Remato will do its utmost to ensure that the Service is maximally usable – preferably 24h per day and 7 days a week (so-called "regardless of device, location and weather").
- Remato confirms that all data entered by the Client in the Service are Client’s. The processing of data shall be subject to administrative and technical measures to ensure full confidentiality and integrity of the data.
- Remato confirms that it does not pass on the data entered by the Client or collected about the Client during the use of the Service to third parties, save as if the obligation to transfer data arises from law or the owner of the data has given unambiguous permission to do so.
- If Remato is obliged by law to transfer the Client’s data to a third party, we will also notify the Client, i.e. the data owner, of the respective request as soon as possible.
An administrator user account created for the Client by Remato, through which the Services can be used, the data related to the Client can be managed, entered and amended. The Administrator may create accounts for Users and specify the scope of the User's authority to use the Services.
Administrator or User.
Terms of Service
These terms and conditions that form the terms and conditions of the Agreement between the Service Provider and the Client.
A legal or natural person who registers as a user of the Service through the Platform or to whom Remato creates and grants access to use the Service. The Client may also be referred to as "you" in the Terms of Service.
A comprehensive set of Client’s data in the Service, to which specific Users have owned and/or have access through personal user accounts.
Remato Platform’s software source code, algorithms, technically useful models and design patterns.
These Terms of Service, which form a legally binding Agreement between the Service Provider and the Client for the use of the Service. The Agreement shall be deemed concluded upon acceptance of the Terms of Service at the time of registration as a Client.
Remato service web platform at Remato.com (incl. login.remato.ee, app.remato.ee) and its subdomains, including iOS/Android apps, APIs and other possible hardware and software components that make up Remato as a technical manifestation of the Service with existing documentation, upgrades, and other connected components intended for the distribution, use, and/or administration of the Remato Service.
A natural person determined by the Client's Administrator (Client's employee or other person executing the Client's order) to whom the Client has authorized to manage, enter and change data related to the Client in connection with the use of the Service and for whom a personal user account has been created.
A software service called Remato (SaaS) that provides solutions for construction companies to organize their daily work. The Service is intended for use in economic and professional activities. Remato may offer different parts of the Service to the Client.
Remato Solutions OÜ, registry code: 14536402; address: Paju 2, Tartu 50603, Estonia; e-mail: email@example.com. The Service Provider may also be referred to as "Remato", “we” or "us" in the Terms of Service.
1. Use of the Service. Conclusion, Amendment and Termination of the Agreement
1.1 By agreeing to the Terms of Service, the Service Provider grants the Client and its related Users a non-exclusive, non-transferable, non-licensable license to use the Remato software service available on the Remato.com website, which allows the Client and Users to organise their daily work.
1.2 Use of the Services requires full and unconditional acceptance of the Terms of Service by the Client.
1.3 In order to use the Service, the Client must create an Account on the Platform, following the instructions provided on the Platform. During the initial creation of an Account, an Account with the rights of an Administrator will be created for the Client.
1.4 During the creation of the Account and during the use of the Service, the Client has the opportunity to choose which parts of the Service the Client wishes to use. The descriptions of the parts of the Service and the functionalities offered by Remato are described on the Platform.
1.5 Through the Administrator account, the Client can authorise its employees or other persons working for it to use the Service by creating an User account for each respective person, following the instructions provided on the Platform. The Client is responsible that all Users related to the Client use of the Services and the Platform in accordance with the Terms of Service.
1.6 Remato has the right to enter the Client’s Account and the Users’ accounts without prior consent of the Client to provide user support, troubleshoot errors, perform maintenance and development work and perform other similar operations. The aforementioned entries are logged and the Client has the right to access the log.
1.7 Remato has the right to amend the Terms of Service by notifying the Client thereof electronically via the Platform at least 30 days in advance. Remato will amend the Terms of Service, in particular if the need to change the Terms of Service is due to us improving our services and/or developing new features; change of the scope or nature of our Platform; the costs, risks and/or obligations related to the management of the Platform and the provision of Services change; if the purpose of the amendment is to clarify the rights and obligations of the parties that are related to the use of the Service and the Platform and/or if Remato has other objective reasons for changing the Terms of Service. If the Client does not agree with the amendments, the Client has the right to terminate the Agreement. If the Client does not terminate the Agreement within 30 days from the notification, the Client shall be deemed to have agreed to the amendments.
1.8 In order to use the service, the legal entity in whose name the Account is created must have legal capacity, in particular be duly registered in a commercial register or other similar register in a foreign country. If you enter into the Agreement on behalf of a legal entity, such as your employer or a company you provide services to, you confirm and must be prepared to prove that you have all the rights to represent the legal entity in connection with the conclusion of the Agreement.
1.9 Before activating an Account created for a legal entity, Remato has the right, but not the obligation, to check the background of the respective legal entity and information about it from public databases and has the right to refuse to activate the Account if Remato has doubts about the reliability of the legal entity.
1.10 The Client has the right to terminate the Agreement at any time by notifying Remato thereof at least 30 days in advance in a form that can be reproduced in writing.
1.11 Remato has the right to terminate the Agreement at any time by notifying the Client thereof at least 30 days in advance in a form that can be reproduced in writing.
1.12 Termination of the Agreement does not release the Client from the obligation to pay for the Services already used or other similar obligations to Remato.
1.13 After the termination of the Agreement, Remato will keep the Client’s data for up to 6 months, after which Remato has the right to delete it completely and irreversibly.
2.1 Remato acts as the controller of personal data when we process the Client’s personal data. As Remato's Clients are mainly legal entities, the Client’s personal data is the personal data (e.g. name and e-mail address of the Client’s representative, Users’ data when opening an account) of the person using the Service on Client’s behalf (e.g. member of the management board, employee, Users). As data controller, Remato collects and uses personal data in accordance with the Remato’s conditions for the processing of personal data, which are available on the website https://remato.com/privacy-policy.
2.2 When using the Service, the Client is considered as the controller of the personal data that is uploaded through the Platform, created by using the Service or otherwise made available to Remato during the provision of the Service, and Remato is considered as the authorised processor of the Client’s personal data within the meaning of the General Data Protection Regulation. Clauses 2.2-2.12 of the Terms of Service shall be deemed as a data processing agreement between the Client as the controller and Remato as the authorised processor within the meaning of Article 28 of the General Data Protection Regulation. The Client authorises Remato to process the Client’s personal data in accordance with this Section 2.
2.3 Depending on the nature of the Service used by the Client, Remato may process the following personal data of the Client on behalf of the Client: data about the Client’s employees, including first name, surname, personal identification code, e-mail, telephone number, GPS locations (during the recording of work time, inventory of tools, taking pictures), data in the images uploaded by the Client or Users and of the images, schedule of work and absences/holidays, information transmitted via the chat module.
2.4 Remato processes the Client’s personal data for the purpose of providing the Service to the Client. The processing of personal data is primarily the recording of personal data on the Platform, its storage on the Platform and the transfer and rendering of the Client’s personal data to the Client in accordance with the Terms of Service.
2.5 The controller of the Client’s personal data is the Client. The Client undertakes to ensure that all personal data of the Client entered into the Platform by the Client and/or Users has been received and entered into the Platform lawfully and by having a valid legal basis.
2.6 The Client undertakes to ensure that:
2.6.1 It has the legal basis provided for in Article 6 (1) of the General Data Protection Regulation for the processing of all personal data of the Client on the Platform;
2.6.2 It shall provide to persons whose personal data is processed on the Platform clear and transparent information on the processing of their personal data, as provided for in Articles 13 and 14 of the General Data Protection Regulation.
2.7 Remato processes the Client’s personal data only during the validity of the Agreement and undertakes to delete the Client’s personal data within 6 months of the termination of the Agreement, unless the Client has given a different instruction or Remato is obliged to keep the Client’s personal data longer. In such a case, Remato will notify the Client of the retention of Client’s personal data, its duration and legal basis.
2.8 Remato has the right to use third party service providers and/or subcontractors that act as Remato's authorised processors when processing the Client’s personal data when providing the Service, including the processing of the Client’s personal data.
2.9 By concluding the Agreement, the Client grants Remato a general permission (within the meaning of Article 28 (2) of the General Data Protection Regulation) to involve processors authorised to process the Client’s personal data during the provision of the Service. The authorised processors that Remato currently uses to process the Client’s personal data and whose use the Client agrees to are:
- Bunny.net (Slovenia) - CDN services;
- DigitalOcean (USA, data held in Netherlands) – web hosting services;
- Google Analytics (USA) – web analytics services;
- HelpCrunch (USA) – customer communication services;
- ImageKit (USA, data held in Germany) – image transfer and storage services;
- Mailchimp (USA) – marketing services;
- Merit (Estonia) – accounting software services;
- Mixpanel (USA) – business analytics service;
- Pilvio (Estonia) – data storage services;
- Pipedrive (Estonia) – sales management software service;
- Sentry (USA) – software monitoring services;
- Smartlook (Czechia) – software monitoring services;
- Stripe (Ireland) – financial services;
- Trello (United States) – work-flow mapping services;
- Vitally (United States) – client activity monitoring services.
Some of our processors may be located outside of the European Union but any data transfers are always covered with a necessary data protection mechanism (e.g. European Commission’s Standard Contractual Clauses).
2.10 Remato will notify the Client by e-mail of the planned changes regarding the replacement of the authorised processors specified in clause 2.9 or the inclusion of new authorised processors, thus giving the Client the opportunity to object to the changes. The Client can submit an objection by notifying Remato by e-mail within 7 days of receiving notice of the change from Remato. If the Client objects to the new authorised processor, Remato shall make reasonable efforts to enable the Client to use the Service in a manner that avoids the processing of the Client’s personal data by the new authorised processor. If Remato is unable to provide the Service by excluding a new authorised processor, both the Client and Remato have the right to terminate the Agreement.
2.11 If Remato uses a subcontractor to perform the Client’s personal data processing operations, we will do so only on the basis of an agreement with the subcontractor, whereby the subcontractor undertakes to comply with data protection conditions at least equivalent to the terms of this Agreement.
2.12 During processing of the Client’s personal data, Remato is obligated to:
2.12.1 process the Client’s personal data only to the extent necessary for the provision of the Services or in any other way in accordance with the Client’s instructions;
2.12.2 implement appropriate technical and organisational measures, including those referred to in Article 32 of the General Data Protection Regulation (where applicable), to:
184.108.40.206 protect the Client’s personal data against unauthorised or illegal processing and accidental or illegal loss, destruction, damage, alteration or disclosure;
220.127.116.11 ensure compliance with applicable European Union and national law; and
18.104.22.168 ensure the protection of data subjects' rights.
2.12.3 keep the Client’s personal data confidential and ensure that all employees and subcontractors (authorised processors) of the Service Provider who are involved in the provision of the Services have entered into a confidentiality agreement with the Service Provider;
2.12.4 not to transfer the Client’s personal data outside the European Economic Area (EEA) without the Client’s prior consent (when transferring personal data outside the EEA, Remato is obligated to comply with the provisions of Chapter V of the General Data Protection Regulation);
2.12.5 make available to the Client the information that is reasonably necessary for the Client to demonstrate the fulfilment of the obligations of the Client as the controller and Remato as the authorised processor pursuant to Article 28 of the General Data Protection Regulation;
2.12.6 once a year, on working days and during working hours, to enable the Client (at the expense of the Client) to carry out an audit or inspection concerning the processing and protection of personal data in the presence of Remato’s representative. The exact time and procedure for the execution will be agreed separately between the Client and Remato;
2.12.7 assist the Client to a reasonable extent in the fulfilment of the obligations provided for in Articles 32-36 of the General Data Protection Regulation, taking into account the nature of the processing of the Client’s personal data and the information available to Remato, including cooperating with supervisory authorities if necessary;
2.12.8 notify the Client without undue delay of a breach of the Client’s personal data (as defined in the General Data Protection Regulation) and, if necessary, assist the Client in notifying the supervisory authority and/or data subjects.
3. Maintenance and development works and updates
3.1 Remato has the right to perform maintenance and development work and updates on the Service or Platform. If possible, Remato will perform scheduled maintenance and development work that may cause an interruption in the operation of the Platform during non-working hours (between 18:00 and 09:00 on weekdays and on weekends).
3.2 Remato shall notify the Client at least 24 hours in advance of scheduled maintenance and development work that may cause an interruption in the operation of the Platform, save as in the case of extraordinary maintenance and development work, where notification is not reasonably possible.
3.3 Remato has the right to make updates to the Service and Platform at any time of its choice without prior notice.
3.4 A temporary interruption in the use of the Service and Platform due to maintenance and development work is not a breach of the Agreement by Remato and the Client will not have any claims against Remato arising from the temporary interruption in the use of the Service or Platform during maintenance or development work.
4. Payment for services
4.1 Upon concluding the Agreement, the Service is free of charge for the Client during the 14-day trial period. After the end of the trial period, the use of the Service is subject to a fee.
4.2 The amount of the fee depends on which part or parts of the Service the Client has ordered through the Platform. Remato may from time to time change the parts and packages of the Service and their fees. An up-to-date overview of the Services, their parts and fees is always provided on Remato’s website.
4.3 In the case the Client and the Service Provider have not agreed on a different fee (so-called tailor-made package), the fee applicable to the Client shall be calculated according to the pricing published on Remato’s website. The valid pricing is available from the “Pricing” submenu on Remato’s website Remato.com. Remato has the right to amend the fees for the Services and their parts at any time by giving at least 30 days’ prior notice.
4.4 The fee shall be paid monthly in accordance with an invoice submitted by Remato to the Client, the payment term of which is 14 days from the date of the invoice. In case of delay in payment of the fee, Remato has the right to claim from the Client a default interest of 0.2% of the delayed amount for each day of delay.
4.5 If the Client refuses to pay the fee, Remato shall be entitled to terminate the Agreement without observing the prior notice period and partially or completely restrict the Client’s access to the Service to the Service.
4.6 In addition, Remato has the right to limit Client’s access partly or completely to the Service during the period of the Client’s indebtedness.
5. Obligations of the Client and the Users
5.1 The Client confirms that it uses the Service only for lawful purposes and in ways.
5.2 The Client is solely and fully responsible for the data entered and the operations performed in the Accounts related to the Client.
5.3 The Client confirms that it is fully and solely responsible for its Administrator and Users that have access to the Service.
5.4 The Client and the Users are obliged to keep secret the security features that allow access to the Service.
5.5 The Client and the Users are obliged to notify Remato immediately if there is a suspicion that the security features (amongst other things, the technical means used for the use of the Platform, e-mails related to the User accounts, etc.) are in the hands of third parties or data of Users has leaked.
5.6 The Client and the User are prohibited from:
5.6.1 decompiling the software on which the Service is based, except to the extent permitted by applicable law, obtaining or conducting access to the source code of the Service, or attempting to perform similar activities in order to reduce the code to an intelligible and legible shape;
5.6.2 sending software automated queries to the Platform.
6.1 Remato provides the Service, Platform, its content and/or functions on an “as is” and “as available” basis, without any express or implied warranties.
6.2 Remato does not warrant or guarantee that the Platform is compatible with any and all hardware and software used by the Client, is always available or available at any particular time, operates at any time without interruptions, is secure and error free, meets any needs of the Client or is free of viruses, disruptions, protected from hacking and other security-compromising intrusions.
6.3 Amongst other things, Remato is not liable for the following:
6.3.1 any interruption, stoppage, suspension or other unavailability of the Platform or Service;
6.3.2 any bugs, viruses, Trojan horses, etc. which someone may transmit to or via the Platform or Service provided thereon;
6.3.3 deletion of any content or data or inability to save content or data;
6.3.4 incompatibility of the technical means for the use of the Platform.
6.4 The Client has the right to use the Service personally through the Administrator account or to allow other persons to do so through User accounts. In any case, the Client remains liable to Remato for the proper performance of the obligations arising from the Agreement. The Client is responsible for ensuring that all Users use the Services and Platform in accordance with the Terms of Service. The Client uses the Service at its own risk. Remato is not liable for any damages or consequences caused to the end costumers or partners of the Client.
6.5 Neither Remato nor the Client shall be liable for delays or damages resulting from an obstacle that is not under the reasonable control of the parties, which could not reasonably be taken into account at the time of conclusion of the Agreement and the consequences of which could not reasonably be avoided or exceeded ("force majeure"). Such delays or losses include, amongst other things, problems, mistakes and interruptions in third-party software and devices, as well as denial of service attacks, security failures and other similar circumstances.
6.6 Remato shall be liable for the breach of the Agreement only if caused intentionally by Remato or due to cross negligence of Remato. Remato shall be liable for any direct proprietary damage caused to the Client by breaching the Agreement intentionally or due to gross negligence. Remato is not liable for the loss of income and non-proprietary damage of the Client. Remato shall not be liable for any damage caused by the partial or total destruction of the Platform or the Account. The liability of Remato to the Client in connection with the use of the Service and Platform shall not exceed the amount corresponding to the fees actually paid by the Client to Remato for the Service during the preceding twelve (12) months (excluding VAT). The foregoing limitation will apply whether the liability arises from the Agreement or tort and regardless of the theory of liability.
6.7 Remato is not liable to the Client or third parties for the consequences of using the Services and related activities by the Client.
7. Intellectual property
7.1 The intellectual property rights of the Platform and all of its contents belong to Remato. Including, but not limited to, Remato owns the design, graphical solution, images, text, code, domain names and other copyrights, tradenames, trademarks and other intellectual property of the Platform which is provided for the use of the Client in connection with the Service (except data entered by the Client). When concluding the Agreement with the access to the Service and Platform, the Client is only entitled to use the Service in the manner provided in the Terms of Service.
7.2 In the case the User submits to the Platform works protected by copyright or other intellectual property rights (e.g. photos, feedback, etc.), the Client grants to Remato a free non-exclusive license to exercise the economic rights in these works, including Remato shall have the right to use in any way the works submitted by the User and allow and prohibit their use on the Platform, reproduce, distribute, translate, adapt, add works to the collection or databases and communicate to the public. The Client shall make sure and ensure, that by using the Platform the Client or the Users related to the Client do not infringe the copyright or other intellectual property rights of any third party.
7.3 The Client shall not in any way reproduce, distribute, translate, alter, process, create from such derivative works, perform in public, retransmit, demonstrate to the public, transmit, make available to the public, transfer, sell, license, etc. the intellectual property of the Platform without the prior written consent of the Service Provider or unless otherwise provided by law.
7.4 The Client and/or the Users by adding and storing the data on the Platform do not make the Client and/or the Users the co-authors of the Platform that belongs to the Service Provider.
8.1 Client and Remato have agreed to keep confidential information received and generated in the course of the Agreement. The obligation of confidentiality does not apply to the extent the Client or Remato is obliged to provide information in order to fulfil the obligations provided for in or arising from the legislation or to the extent the Client or Remato provide information to accountants, auditors, financial institutions, lawyers and other similar professional service providers who have an obligation to keep such information confidential.
8.2 The obligation of confidentiality is valid for the term of the Agreement and for 5 years from the termination of the Agreement.
9. Governing law and jurisdiction
9.1 These Terms of Service shall be governed by the legislation of Estonia.
9.2 Disputes, inconsistencies and claims related to the Terms of Service shall be settled in particular by negotiation. If no agreement is reached, disputes shall be settled in the Estonian courts (Harju County Court as the court of first instance).
10. Final provisions
10.1 If any provision of the Terms of Service is held to be void, unenforceable or illegal in whole or in part for any reason, such provision shall apply to the fullest extent possible taking into account the intention of Remato and the Client. The validity or applicability of the other terms or provisions shall not be affected by a void provision.
10.2 Any notices between the parties to the Agreement in connection with the Terms of Service shall be communicated to the other party at least in a form reproducible in writing by e-mail.
10.3 Remato supplies the Clients with QR codes in various forms which assist the use of Service and this is an independent product/service. Terms of supply shall be agreed between Remato and the Client separately at least in a form reproducible in writing by e-mail and shall not be subject to the Terms of Service.