Remato User Terms
A brief summary of the terms for humans:
- Remato.ee is a software service designed for construction and production companies to organise their daily work. The service is designed for project management, building documentation, working time and equipment management.
- Remato Eesti OÜ 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 Eesti OÜ confirms that all data entered by the customer in the service are customer's. The processing of data shall be subject to administrative and technical measures to ensure full confidentiality and integrity of the data.
- Remato Eesti OÜ confirms that it does not communicate the data collected by the customer or through the use of the service to third parties. Unless such obligation arises from law or the data owner has not granted an unambiguous permission to do so.
- If, pursuant to law, Remato Eesti OÜ is required to forward the customer's data to a third party, if possible, he or she shall inform the client, or the owner of the data, of the corresponding claim as soon as possible.
|Service provider||Remato Eesti LLC, Betooni TN 2a, Tartu 50411, Estonia; firstname.lastname@example.org|
|Service||A software service named Remato (Software-as-a-service or Saas), which provides construction and production companies with solutions to manage their everyday work.|
|Platform||The Remato Service Web Platform (www.remato.ee), iOS/Android apps, OSX/Microsoft/Linux operating system programs, APIS and other possible hardware and software components that make up Remato as a technical service Manifests for the distribution, consumption and/or administration of Remato service.|
|Client||A legal or natural person to whom Remato Eesti OÜ representative establishes and communicates access to Remato service through Remato platform-by creating and distributing personal safety features to the client's representative.|
|Agreement||Contract concluded between the service provider and the client for the use of the service, which is concluded by the customer upon entering Remato.ee platform.|
|Account||A comprehensive set of customer data for the service, which has owned and/or has access to specific users through personal user accounts.|
|User||A natural person, as defined by the customer, who has the client's authorisation to manage, enter and modify data related to the customer in Remato service and has created a personal user account for this purpose.|
|Conditions||These terms and conditions of the agreement, which provides for the terms and conditions of the agreement between the service provider and the Rightholder and the client.|
|User||A user of a natural person who has been assigned personal safety features that allow access to the data of the customer in Remato service in a manner and extent which is authorised by the data owner or the customer.|
|Code||Remato Platform software source code, algorithms, technically useful models and design patterns.|
1. Conclusion, amendment and termination of the agreement
- 1.1. The use of the services of the service provider requires full and unconditional acceptance of these terms.
- 1.2. This agreement will take effect from the moment the customer enters the Remato.ee platform and starts using the services for free or for a fee, and the Remato.ee system user account information is transferred to the customer.
- 1.3. The service provider shall have the right to change the terms at any time by informing it on its website.
- 1.4. The client has the right to terminate the agreement at any time by notifying the service provider in writing.
- 1.4. The client has the right to terminate the agreement at any time by notifying the service provider in writing.
- 1.5. Termination of the agreement does not absolve the client from the obligation to pay for the services already used or other analogous obligations to the service provider.
- 1.6. After the termination of the agreement, the service provider shall keep the client's data for up to 6 months, after which the service provider shall be entitled to delete them completely and irrevocably.
- 1.7. The service provider has the right to terminate the agreement unilaterally by notifying the customer thereof at least 60 days in advance.
2. Principles of customer data protection and personal data processing
- 2.1. All data entered by the platform client are the property of the client.
- 2.2. When entering the data platform, the customer gives the service provider the right to store, back up and process the information in whatever manner necessary to ensure the correct operation of the service.
- 2.3. The service provider undertakes not to disclose the customer's data and the user's personal data to third parties, unless disclosure is required by applicable law, at the request of the court or by the customer or user in an unequivocal An understandable authorisation.
- 2.4. The service provider undertakes to introduce economically reasonable methods to process customer data in a secure manner.
- 2.5. The service provider generally does not examine the data entered by the customer, but in different cases it is permitted-for example, if it is necessary to provide the helpdesk or to ensure the operation of the service.
- 2.6. The service provider (or its subcontractor) processes the following user's personal data: name, e-mail address, telephone number, personal identification code.
- 2.7. The service provider collects data:
- 2.7.1. Provided by the customer and entering the data platform;
- 2.7.2. For users (name, personal Identification code, telephone number and e-mail address) customer, who submits them to the service provider. By submitting the user's personal data and using the service, the user has expressed their consent to the processing of his or her personal data;
- 2.7.3. The service provider receives data related to the customer from other sources (e.g. other service providers or public registers, etc.) If this is necessary for the performance of the contract or to ensure the performance of the contract, such processing is under the legislation or is Data is processed by the customer's consent;
- 2.8. The service provider may use the data under the legislation without the customer's separate consent to perform the contract or to ensure performance of the contract in the following cases:
- 2.8.1. Identification of the client and its representative;
- 2.8.2. Customer to provide the service or to perform the necessary activities;
- 2.8.3. To calculate service fees related to the contract, prepare and send out notices and invoices to the customer;
- 2.8.4. To the customer for sending notices related to the contract and/or the service which do not predate the marketing of the data;
- 2.8.5. For documenting commercial and service activities and for commercial exchange of information (including for the submission of Auditors);
- 2.9.1. Customer's core data: Customer name, registry code, address, e-mail address, name and personal identification code, e-mail address, identity document details, user name, personal Identification Code, contact details (including telecommunications numbers, address, e-mail address);
- 2.9.2. Details, invoices and related information (e.g. payment details, etc.) of the contract concluded with the customer;
- 2.9.3. Data on the customer's details of service consumption;
- 2.9.4. The list of data provided in this section is not exhaustive, which means that the service Provider may process other data not specified in this section when performing the contract, ensuring performance and providing the services.
- 2.11. The service provider may use technologies that collect information about the use of the service. Such information may include information about the customer's payment behaviour and customer communications, details of inquiries made, technical data, etc.
- 2.12. The service provider retains the data within 6 months of the termination of the agreement, which will be deleted by customer and user data except for customer contact information.
- 2.13. The user has the right to obtain information from the service provider regarding the use of personal data collected about him pursuant to the procedure and to the extent stipulated in legislation.
- 2.14. The user has the right to request access to the personal data of the service provider. The user has the right to request termination of processing of his or her personal data and erasure or rectification, to waive the consent granted for the processing of personal data or to object to the processing of personal data, as well as to request the transfer of data. When you delete a user's personal data or consent to the processing of personal data, access to the platform will not be granted to the user.
- 2.15. If the user wishes to request access to his or her data, erasure or rectification, or to object to the processing of personal data or to transfer data, please contact your service provider.
3. Maintenance and development
- 3.1. The service provider has the right to perform scheduled maintenance and development work of the service. If possible, the service provider will make scheduled maintenance and development works outside of work hours (weekdays between 18.00-09.00 and Rest days).
- 3.2. The service provider notifies the customer at least 24 hours in advance of all scheduled maintenance and development works.
- 3.3. In the event of extraordinary circumstances, the service provider has the right to do so at a time when it is chosen, without the prior notification obligation, extraordinary maintenance or development work to prevent any greater damage.
- 3.4. During maintenance or development, the performance of the obligations arising from the contract to the customer has been suspended and the service provider does not have the obligation to perform any damage caused by the failure to perform Customer.
5. Payment for the Services
- 5.1. As a rule, the service is free for the customer.
- 5.2. The service provider has the right to charge the customer for the use of the service.
- 5.3. The service provider shall provide the customer with an invoice with a due date of seven (7) business days.
- 5.4. In case the client refuses to pay the fee for the service requested by the service provider, the customer has the right to cancel the agreement immediately, informing the service provider in writing.
- 5.5. If the client refuses to pay the fee for the service requested by the service provider and the client has not cancelled the agreement, the service provider shall be entitled to cancel the Agreement by notifying the client thereof in writing 10 days in advance.
- 5.6. The service provider has the right to limit the customer's access to the service in part or in full during the period.
6. Obligations of the client and the user
- 6.1. The customer confirms that it uses the service only for lawful purposes and in ways.
- 6.2. The client is solely and fully responsible for the data entered and the operations performed in the account.
- 6.4. The customer and the user are obliged to keep the security features that allow access to the service secret.
- 6.5. The customer and the user are obliged to notify the service provider immediately if there is a suspicion that the security features are in the hands of third parties or their user data has leaked.
- 6.6. The customer and the user are prohibited from decompile the software on which the service is based, obtain or conduct access to the source code of the service, or attempt to perform similar activities in order to reduce the code to an intelligible and legible shape;
- 7.1. The customer has the right to consume the services in person or to allow users to do so. In any case, the customer shall remain liable to the service provider for the proper performance of its obligations under the Agreement. The client uses the service at his own risk. The service provider shall not be liable for damages caused by customer's final customers, users ' activities or consequences caused by the passive behaviour of the customer.
- 7.2. Neither party 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
- 7.3. The customer must compensate the service provider for the damage caused by the breach of the agreement (claims, liabilities, damages, expenses, damages and expenses arising therefrom, including fees for legal aid).
- 7.4. The service provider is liable for any direct proprietary damage caused to the client intentionally or due to gross negligence. The service provider is not responsible for the loss of income and non-proprietary damage of the client. The service provider shall not be liable for any damage caused by the loss or partial or total destruction of the platform or the account. The liability of the service provider to the customer in connection with this Agreement shall not exceed the amount corresponding to the fees actually paid by the customer to the service provider during the twelve (12) months (Excluding VAT).
- 7.5. The service provider is not responsible for the customer or third parties for the consequences of using the services and related activities.
- 7.6. The service provider is not responsible for delays and interruptions in the performance of its obligations due to circumstances not dependent on the service provider.
- 7.7. In the event of delays in the fulfilment of the financial obligations stipulated in the Agreement, the Party shall have the right to request late interest 0.5 (zero decimal point five) on the side of the overdue amount per day until the payment obligations are fully and correctly fulfilled.
8. Intellectual Property
- 8.1. Remato platform content including, but not limited to, its design, graphical solution, images, text, code, domain name, etc. copyrights, Tradenames, trademarks and other intellectual property that the customer is to be used to (except Data entered by the customer) belongs to the service provider. When concluding the contract with access to the service, the customer is only entitled to use the service in the manner provided in the terms and conditions.
- 8.2. By entering into a contract for use of the service, the client acquires a non-exclusive license, which entitles the customer to use the service via Remato platform, without limiting the right of the service provider to grant the right to use the platform to third parties.
- 8.3. The intellectual property of the platform shall not be reproduced, distributed, translated, altered, processed, created from such derivative works, publicly presented, reproduced, displayed to the public, communicated, made available to the public, transferred , sold, licensed, etc. without the prior written consent of the service provider or unless otherwise provided by law.
- 8.4. The client is responsible for their own materials and their legality. In particular, the customer shall ensure that the data and material provided by the client to the platform do not infringe any third party's copyright, trademark rights or other intellectual property rights.
- 8.5. The customer and/or the user by adding and storing the data on the platform itself does not change the client and/or the user of the platform that belongs to the service provider.
- 9.1. The customer and the service provider have agreed to keep confidential information received and generated in the course of the agreement.
- 9.2. The obligation of confidentiality is open-ended and applies after the termination of the agreement.
10. Final provisions
- 10.1. This Agreement shall be governed by and construed in accordance with the legislation of Estonia. Disputes, inconsistencies and claims related to the agreement and these conditions shall be settled in particular by negotiation. If no agreement is reached, disputes relating to the contract and the conditions shall be settled in the Harju County Court.
- 10.2. Any notices between the parties in connection with the Agreement shall be communicated to the other party in writing by e-mail. The notice shall be deemed to have been received if the notification is sent by e-mail and the notice is answered by the other party, or 3 (three) calendar days have elapsed since the sending of the email.