EULA – Help Desk ServiceTonic

Service provision agreement and license to use the ServiceTonic software (On-premise)

Please read this License Agreement carefully before using this software.

The acceptance of the same attributes the condition of Client and expresses the full and unreserved acceptance by him of each and every one of the terms of the License Agreement. If you do not agree with these terms, do not install the software. Likewise, the use of the software by the Client implies acceptance of the terms of this agreement.

 License Agreement for the use of the ServiceTonic software (on-premise)

This Agreement constitutes the entire agreement between the Client and SERVICETONIC, and, replaces any prior License Agreement between SERVICETONIC and the Client with respect to this software or other software that replaces it.

Likewise, and to the extent that the applicable laws allow, the provisions of this Contract replace any communication or publicity about the program or documentation to the extent that the latter are contrary to any of the terms of this Contract or are previous to it

The acceptance of the terms of this Agreement does not grant the CLIENT any right not specified in this license on the aforementioned SERVICETONIC programs and/or products.

Definitions 

“SERVICETONIC”: ServiceTonic, S.L., a company of Spanish nationality, domiciled in Barcelona, ​​C/Aragón 383 6º, 08013 and NIF number B-65201964. You can consult our contact information to see further information.

“On-premise”: Concept that is associated with providing the license to use a software to be installed on the client’s servers.

“ServiceTonic On-premise”: Cloud computing application, of which SERVICETONIC is the exclusive owner of all exploitation rights, which is hosted on the Cloud Platform indicated in this contract as a high availability, redundancy and scalability service.

“CLIENT”: individual or legal entity that contracts the license to use ServiceTonic On-premise object of this contract.

“Contract”: contains all the definitions and conditions contained in this document about the service license of ServiceTonic On-premise.

“Administrator“: person designated by the CLIENT, under his/her own responsibility, to use and administer ServiceTonic On-premise, being able, among other things, to create Agents and Users within the framework of the terms indicated in this Contract.

“Agent/s“: person/s designated and authorized by the CLIENT’s Administrator, under his/her own responsibility, to use ServiceTonic On-premise within the framework of the terms indicated in this Contract.

“Users“: person/s designated and authorized by the Administrator, to use ServiceTonic.

“Number of Agents:” Maximum number of Agents that are included in ServiceTonic On-premise, as specified in the Order Form.

“Optional modules:” set of optional features that will be available in ServiceTonic On-premise, as specified in the Order Form.

“Order Form”: document that must be completed and signed by the CLIENT to complete the hiring process of the ServiceTonic On-premise license, indicating, among others, the number of Agents hired, the Optional Modules, the period by which the license of use and the conditions of payment are granted.

“Help”: online documentation that is available from the same software and that details the functionalities available in ServiceTonic On-premise.

“Evaluation License”: User license granted by SERVICETONIC to potential clients so that it can evaluate, for a limited period of time, ServiceTonic On-premise.

“Responsible for the processing of personal data”: natural or legal person, public or private nature, or administrative body, which decides on the purpose, content and use of the handling. In the present contract the CLIENT.

“Person in charge of processing personal data:” the natural or legal person, public authority or any other body that, alone or jointly with others, processes personal data on behalf of the data controller. In the present contract the SERVICETONIC.

General Conditions of Use of ServiceTonic On-premise

1. License to use ServiceTonic On-premise

1.1 SERVICETONIC grants the CLIENT a non-transferable and non-exclusive license to use ServiceTonic On-premise, only under the terms and conditions indicated in these General Conditions of Use, in the Order Form, in the Software Help and in any other documentation that may be applicable, whether on paper, disk, in the computer’s read-only memory, or on any other medium that may be applicable at any time.

1.2 The use of ServiceTonic On-premise will be allowed only to Agents that have access to the software account, as well as unlimited users defined in the software.

1.3 The rights granted to the CLIENT in accordance with the provisions of these General Terms and Conditions of Use extend to any update or new version that replaces and/or complements ServiceTonic On-premise, unless the update or new version that corresponds contains conditions of own use.

2. Intellectual property of ServiceTonic On-premise

2.1 ServiceTonic On-premise has been created by SERVICETONIC, who will retain all rights of intellectual, industrial or any other property on ServiceTonic On-premise, which may not be subject to further modification, copy, alteration, reproduction, adaptation or translation by the client’s.

2.2 The structure, characteristics, codes, work methods, information systems, development tools, know-how, methodologies, processes, technologies or algorithms of ServiceTonic On-premise are the property of ServiceTonic, or its suppliers, having been, in this latter case, subject to license or assignment by them, and are protected by Spanish or international intellectual and industrial property, and can not be subject to further modification, copy, alteration, reproduction, adaptation or translation by the party the client’s.

2.3 Likewise, all use manuals, texts, graphic drawings, databases, videos or audio supports referred to or complementing ServiceTonic On-premise (hereinafter, “Associated Materials”) are the property of ServiceTonic, or its suppliers of contents, and can not be subject to further modification, copy, alteration, reproduction, adaptation or translation by the CLIENT.

2.4 The availability of the CLIENT of ServiceTonic On-premise and of the Associated Materials does not imply, in any case, the transfer of ownership or the granting of a right of use in favor of the CLIENT other than that provided for in these General Conditions of Use. Use.

2.5 Consequently, any use by the CLIENT of ServiceTonic On-premise or Associated Materials that is made without the authorization of ServiceTonic, including its exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication is strictly prohibited. , exhibition, public communication or total or partial representation, which, if they occur, will constitute infringements of the intellectual or industrial property rights of ServiceTonic, sanctioned by current legislation.

3. Conditions of use of ServiceTonic On-premise

3.1. ServiceTonic On-premise can be installed on a single computer.

3.2 ServiceTonic On-premise may be used by the maximum number of Agents indicated to the CLIENT on the Order Form.

3.3 The CLIENT may make backup copies of ServiceTonic On-premise.

4. Price and method of payment

4.1 The Order Form will detail the price and form of payment that will be applicable as consideration for the ServiceTonic Software Use License granted to the CLIENT pursuant to the provisions of these General Conditions of Use.

4.2 In particular, it is expressly stated that the price of the license to use ServiceTonic On-premise will be determined based on the number of Agents, optional modules and license period indicated in the Order Form.

5. Warranty on ServiceTonic On-premise

5.1 In particular, the CLIENT accepts that ServiceTonic On-premise is supplied “as is”, so ServiceTonic does not guarantee in any case that the functions it contains satisfy the needs of the CLIENT, nor that ServiceTonic On-premise works without interruption or without mistakes. The CLIENT will assume the full cost of all services, repairs and corrections necessary to adapt it to their needs.

5.2 The CLIENT accepts that ServiceTonic On-premise is a work tool designed to complement, but not substitute, human work.

5.3 To make use of the license granted on ServiceTonic On-premise, the CLIENT must comply at all times, among others, with the obligations of (i) making backup copies of the data files generated with the continued use of ServiceTonic On- premise; (ii) use ServiceTonic On-premise in accordance with the stipulations provided in the Help; (iii) have a computer system in good condition; (iv) have the installation of an interrupted power system with voltage stabilizer; (v) control access to the ServiceTonic On-premise in order to avoid manipulation by unauthorized or inexperienced persons; (vi) have contracted periodic hardware and software maintenance services; (vii) not allow the installation of viruses and defective programs on the same hard disk; (ix) as well as any other preventive measure of reasonable application.

5.4 Under no circumstances will ServiceTonic be liable for any malfunction or damage caused by non-compliance with the obligations of the CLIENT referred to in condition 5.3 above or any obligations that may be applicable in accordance with the provisions of these General Conditions of Use.

5.5 ServiceTonic will not be liable for any damages or losses that may be classified as loss of profits, loss of business, damage to the image or loss of commercial reputation.

5.6 In no case may the CLIENT claim any compensation for damages or losses caused by causes beyond the control of ServiceTonic, and, in particular, by the interruption or failures of any kind produced (i) in the power systems; (ii) in telecommunications networks; (iii) in the interconnection elements; as well as (iv) on the CLIENT’s equipment and terminals.

5.7 The responsibility of ServiceTonic for damages directly attributable to the use of ServiceTonic On-premise may not exceed in any case the amount actually received by ServiceTonic as consideration for the license to use ServiceTonic On-premise.

6.Privacy policy

Any data that the CLIENT provides to SERVICETONIC within the framework of this Contract, will be treated in accordance with the current Privacy Policy for SERVICETONIC.

7. Personal data Client’s responsibility

The use of ServiceTonic On-premise by the CLIENT may involve the processing of personal data. In this case the CLIENT will be the Responsible for the handling of said data.

In the event that SERVICETONIC had to access said data to support the CLIENT in technical issues related to ServiceTonic On-premise, SERVICETONIC:

  • Act as the Person in Charge of Processing Personal Data for the sole purpose of providing technical support to the client and in accordance with Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 relating to the protection of data of the natural persons (GDPR).
  • Access data only, when it is essential for the provision of technical service
  • It will process the data according to the instructions of the CLIENT
  • It will not allocate, apply or use the data with a purpose other than that indicated in this section

8. Adaptations or new versions of ServiceTonic On-premise

SERVICETONIC may make changes or new versions of ServiceTonic On-premise, as well as discontinue any of its functionalities, and will make them available to its customers so that they can update them in their installation.

If, as a consequence of any change or new version of ServiceTonic On-premise, ServiceTonic considers it necessary to modify these General Conditions of Use, it will communicate the new General Conditions of Use that the CLIENT must accept within the term established in the corresponding communication, being understood in case otherwise the use license regulated in these General Conditions of Use expired.

SERVICETONIC publishes information on the new versions on its website so that it can be consulted by all its customers, who may request access to them as long as their license is valid.

The CLIENT expressly consents that ServiceTonic inform him through notices or alerts, visible to the Administrators or by email, about new versions or “service packs” that may be necessary for the proper functioning or maintenance of ServiceTonic On-premise. Under no circumstance may the CLIENT claim ServiceTonic compensation for any damages or losses that may arise from a malfunction of ServiceTonic On-premise as a result of the CLIENT has not accepted the referred new versions or “service packs”.

9. Duration of the license of use

The license for use is granted during the period of time specified in the Order Form.

10. Subsistence of the clauses

If any clause of these General Conditions of Use is declared, totally or partially, null or ineffective, such nullity or ineffectiveness will affect only said provision or part of it that is null or ineffective, the General Conditions of Use will subsist in everything other, having such disposition or the part of it that is affected by not put. For such purposes, the General Conditions of Use shall only cease to be valid exclusively with respect to the null or ineffective provision, and no other part or provision of these General Conditions of Use shall be annulled, invalidated, prejudiced or affected by such nullity or ineffectiveness. , except that, because it is essential to the present General Conditions of Use, it should affect them in an integral manner.

11. Applicable law

Any controversy arising from the interpretation or execution of these General Conditions of Use or any of its possible modifications, as well as any breach thereof, shall be interpreted in accordance with Spanish legislation.

12. Competent jurisdiction

To resolve any dispute related to the provisions of these General Terms of Use or in execution thereof, the CLIENT and SERVICETONIC expressly submit to the Courts and Tribunals of Barcelona (Spain), waiving any other jurisdiction that may correspond.