To Service agreement 

1. Introductory Provisions 

1.1. These terms and conditions are an integral part of the Agreement entered into between the Client and the Provider and define binding rules and conditions of providing Services and Products and use of Services and Products. These terms and conditions govern the contractual relationship between the Provider of the Service and the Client. 

1.2. The definitions set below have for the purpose of these terms and conditions following meaning: 

• T&C – means these Terms and Conditions. 
• Agreement – means an Agreement entered into between the Client and the Provider usually by the signature of the binding order. 
• Client – means an individual conducting business or legal entity entering into Agreement with the Provider. 
• Client’s server – means the server and other HW equipment not owned, managed, or controlled by the Provider. 
• Provider – means the company [Easy Software Ltd., with its seat at Kemp House, 152-160, City Road, EC1V 2NX London, Company ID: 08960980/ with which the Agreement has been concluded]. 
• Product – means any Service or its part provided under specific Provider’s brand name based on the Provider’s brand policy. The Client is buying the Product AS IS. Support and other Services are provided separately. 
• Price list – means the document or web page, which sets the price of Service and or Product if not stated otherwise in the Agreement. 
• Implementation Service specification – means the implementations terms and conditions set by the Provider and/or individualized by the Client according to the Agreement. Unless the Client has purchased an Implementation Service or unless explicitly stated, there is no guaranteed Implementation Service included in the price of the Product. 
• Support Service specification - means the support terms and conditions set by the Provider and/or individualized by the Client according to the Agreement. Unless the Client has purchased a support Service or unless explicitly stated, there is no guaranteed Support Service included in the price of the Product. 
• Service – means the specific Service provided by the Provider to the Client under the Agreement, and which may include license to the Service, maintenance of the Service, Service support, and other related services, to the extent agreed in the Agreement and/or provided via the relevant Product. 
• Trial version of the Service – means a trial version of the Service, which is made available to the Client free of charge and to a limited extent. 
• Administrator – means a person designated by the Client for administration of his User Account. 
• User – means a natural person who works for the Client (as his employee, partner, executive director, a person cooperating with the Client on a long-term basis under the agreement of providing legal services), for which the Client sets up a User Account. 
• User Account – means user account with a unique access code and password. 
• Data security system – means a document describing methods of securing data stored in the Service application. 
• Parties – means jointly the Client and the Provider. 

2. Method of Acceptance of T&C 

2.1. Service is provided to the Client based on a concluded Agreement.  

2.2. These T&C form the integral part of the Agreement. 

2.3. The Agreement is concluded either:  

a) on the day of signature by both Parties (especially for all Services offered with custom settings);  

b) online via acceptance through the web interface (especially with regard to the over-the-counter Services charged solely by the Price List) with the effective date of the Agreement being delayed until the payment of the price for Service (in case of wireless transfer when the amount corresponding to the price for Services is credited to the bank account of the Provider) in the amount specified in the first billing period is duly made by the Client.  

2.4. Section 2.3 does not apply if the Client will be using Trial version of the Service, in which case the Agreement is concluded under the conditions set in the Article 4 of these T&C. 

3. Provision of the Service 

3.1. The Provider runs the Service at the internet address specified in the Product specification and its subdomains or on Client´s servers according to the Agreement and technical specifications stated in the Product specification. 

3.2. The scope of Services is defined in the Product specification, which is attached to the Agreement. Product specification may define the scope of individual (partial) Services in terms of its content and method of activation in more detail. 

3.3. Certain aspects of the Service might be provided either with the help of or directly by third parties different from the Provider. If that is the case, the use of the third-party solution is governed by the specific terms of the said third party and by using the said solution the Client acknowledges the binding nature of such terms. Currently, especially OpenAI API service is used within the Service and used directly by the Client; as such the following terms apply for any outputs generated by and use of OpenAI services - https://openai.com/policies/eu-terms-of-use/ . However, the full list of all the third-party providers engaged will be provided to the Client on request without undue delay. A full list of third-party software used directly in the on-premise version of the Service may also be found within root folder of the Service; the relevant present licenses and their limitations apply.  The Client acknowledges that any liability arising out of the use of such third-party solution shall be borne by the Client and/or the third party as might be defined in the relevant terms and/or licenses. The Client acknowledges that the third parties engaged in the provision of Service might change during the provision of the Service and that by engagement/use of the third-party solutions integrated or otherwise provided with the Service, the Client agrees to be bound by such third-party terms and conditions and their respective privacy policies. Under the terms and conditions, the data of the Client might be stored on the servers of the third party under its own terms and privacy policies.  

4. Trial Version of the Service 

4.1. Before the Agreement is concluded the Provider may enable the Trial version of the Service to the Client through the web domain or on Client´s servers, to the extent defined by the Provider. 

4.2. By completing the registration form on the web page specified in the Product specification the Client accepts the terms of the provision of the Trial version of the Service, which are governed by Article 4, Article 7, and Articles 9 through 17 of these T&C with the exception of Section 10.7. The terms of this Article 4 shall prevail over conflicting terms in the following Articles with respect to the Trial version of the Service 

4.3. Trial version of the Service is provided to the Client for the period specified in the Product specification unless the Provider decides otherwise. 

4.4. The Client using the Trial version of the Service is entitled to save data, but only for the purpose of verifying system functionality. The Client takes into consideration, that the Provider is not responsible for accessibility and preservation of data saved by the Client by using the Trial version of the Service. 

4.5. Prior to the expiration of the Trial version of the Service, the Provider shall enable the transfer to the paid version of the Service to the Client and provides him with non-binding payment information. By paying the price the Service will activate in agreed extent and data saved by the Client in the Trial version of the Service will be transferred to the paid version of the Service. In case that the Client does not use the option to transfer to the paid version of the Service, the provision of the Trial version of the Service ends when the period, for which the Trial version of the Service was provided to the Client, expires. 

4.6. The Client takes into consideration that data saved by the Client in the Trial version of the Service will be irretrievably erased after expiration of the period, for which the Trial version of the Service was provided. The Client will be informed of upcoming expiration of the Trial version of the Service and deletion of the data after its termination by email or via the internet domain of the Trial version of the Service. 

5. Duration of Provision of the Service 

5.1. The Agreement stipulates if it was concluded for a definite or indefinite period of time. Unless specifically agreed otherwise in the Agreement, the Agreement is concluded for a definite period of time that corresponds to the subscription model and length of such subscription, ie. if subscribed for 12 months the duration of the Agreement is 12 months with the automatic renewal as stipulated in Article 8 below.  

6. Price 

6.1. Prices for Services are set according to the Quotation or Price list. The Client acknowledges and agrees that the Price list may be unilaterally changed by the Provider in the same manner as these T&Cs. Unless specifically agreed otherwise in the Agreement, the Price for Services consists of the following separate items or a combination thereof: 

(a) a fixed price for access to the Services (e.g. a perpetual license; the “fixed price”) that is always stipulated for the relevant period of time and with specific terms of the Service in mind (e.g. 5 users, 3 production environments, version X.Y, etc.) and that is of a one-off nature with required advanced payment; 

(b) a recurring price for access to the Services (the “subscription”) that is also always stipulated for the relevant period of time and with specific terms of the Service in mind (e.g. 5 users, 3 production environments etc.), however, paid on a monthly or yearly basis;  

(c) a time&material regime price for any Services which are based on the criteria that vary between recurring/invoice periods (e.g. data usage, ad-hoc Support Service, ad-hoc development etc.; the “time&material regime”). The time&material regime Services are paid on a monthly or yearly basis.  

6.2. For the avoidance of doubt, both fixed price and subscription can either guarantee only the access to a certain Product or license and/or a specific bundle of guaranteed Services. Furthermore, both Service provided under subscription and under the time&material regime shall be determined by the high-water mark method, i.e. according to the highest status achieved in the respective period. 

6.3. The Client is obliged to pay the price for using the Service based on delivered tax documents (invoices) issued by the Provider. With regard to the fixed price Services, a proforma invoice is issued for the payment of the prepaid Services and actual invoice delivered without undue delay after the payment by the Client. The subscription and time&material regime services are paid in arrears and the invoice is issued and delivered to the Client within 5 business days after the end of each relevant period.  

6.4. The debit/credit card and/or other on-line payment method used by the Client to sign up to use the Service (i) provided through web interface and (ii) provided on the basis of a subscription will automatically be charged 30 days from the date the Client signed up to use the Service. In such case, the invoice is issued immediately after such payment was charged.  

6.5. Unless specifically agreed otherwise, such debit/credit and/or other online payment method may be used to charge for the Services provided based on both a subscription and a time&material regime. 

6.6. If the Client wishes to avoid being charged for the Service under the subscription regime, the Client will have to cancel the subscription three days prior to the auto-renewal of the Service use. The Provider recommends checking with the pre-paid card company or bank to confirm whether recurring billing is possible. 

6.7. Invoices will be issued in electronic form. The Client agrees with the electronic issuance of invoices as well as those invoices being delivered to the Client via electronic means. 

6.8. The Client may change his subscription regime online by simply signing in to the Client zone and switching or cancelling the relevant option. If the Client cancels his subscription at least three days before the renewal date as stipulated in Section 6.6 above, his subscription will stop at the end of the current billing cycle. 

6.9. The Provider does not issue ANY refunds for Services, Support Services and/or any other services provided under the Agreement and these T&C provided prior to any cancellation of such Services by the Client. Cancellation of the order after the payment has been received is possible on agreement if the ordered Service was not used or no download attempt has been made. If download attempt has been made, there will be no negotiations and the Client shall have no right for any refunds, discounts nor other monetary compensations. If the subscription Services were prepaid for a period exceeding the actual period of use, the terms of such refund will be negotiated. 

7. License Agreement 

7.1. The Client takes into consideration that all proprietary copyrights and other intellectual property rights to the Service belongs to the Provider and/or any third parties whose works were either incorporated to the Service and/or are used jointly with the Service. The Client is therefore obliged to use Service only within the scope of the license provided and with regard to partial parts of the Services governed by third party licenses only within the scope of such third-party licenses. 

7.2. Unless specific provisions as stipulated in this Article apply to relevant parts of the Service, and notwithstanding the terms of relevant third-party software used in the Products, the Client, by concluding the Agreement, acquires a non-exclusive license to the Service (for parts not licensed under different terms) for one or more Users depending on the number of established User Accounts by the Provider. Such license is then granted for a time-limited period corresponding to the duration for this Agreement; is personally limited to the number of users for which the Service was purchased and/or otherwise licensed to the Client; and is restricted by the number of environments stipulated under the Agreement. However, the license shall not be limited territorially with the exception of the areas, regions and/or countries which are put on a sanction list by the United States of America, United Kingdom, Czech Republic and/or European Union.  

7.3. The Client is not entitled to grant or assign license or sub-license to a third party without prior written consent of the Provider; the third-party license limitations apply without prejudice. Notwithstanding specific third-party license provisions, the Client is also not entitled to rent the Service (in its entirety) or otherwise make the Service (in its entirety) available, both free of charge and for consideration, to the third parties without prior written consent of the Provider.  

7.4. The license includes updates and/or adjustments to the Services performed by the Provider in the future, provided the Services are on a subscription basis and all relevant license and other fees are fully paid for the period in which such updates and/or adjustments are released. If a perpetual license was provided or updates/adjustments are released after the fully paid period, the license under Section 7.2 and Section 7.8 is limited to the version of the Services initially provided and does not extend to updates/adjustments unless specifically agreed otherwise in the Agreement.  

7.5. In case the Service is provided on the Client’s server then the Client is entitled to download the source code of the Product. In case the Service is provided through the web interface then the Client has no right to obtain the source code to the Service, nor to view it, modify it, or interfere with it in any way. Furthermore, in such a case where Service is provided through the web interface (ie. as a SaaS), the Client is not granted license within the meaning of this Article 7 of these T&C, but only right to access the Service within the limits of the user interface accessible to the Client. 

7.6. The Client shall not be entitled to incorporate the Service (in its entirety) in another software equipment without prior written notification of the Provider. 

7.7. Provider’s software and software extensions based on Redmine project are distributed under GNU/GPL 2 license. All software extensions based on other open-source projects are usually distributed under the relevant license (e.g. Apache 2.0, MIT etc.), unless such license explicitly allows combination of the works with works licensed under terms of the ESCL in which case the following Section 7.8 shall apply to such third-party software in the same extent. Please refer to the copyright notices present in the root folder of the on-premise software Products.  

7.8. If not stated otherwise, all images, cascading style sheets, and included JavaScript, the Easy AI solution, as well as all software that is not created nor derived from the GNU/GPL2 licensed software (incl. Redmine), other copyleft or otherwise incompatible license nor established and used as an integral and inseparable part of the software (within the meaning of the source codes of those computer programs being used together outside of the scope of mere aggregate doctrine) are released under Easy Software Commercial License (“ESCL”). For the avoidance of doubt, such elements licensed under the ESCL are (i) not compiled together with the GNU/GPL software and are sent independently of the GPL code, (ii) fully comply with the mere aggregate doctrine, and as such (iii) shall not be considered to be a combined or derivative work with the GNU/GPL software. The terms of the ESCL can be found at https://www.easyredmine.com/license. The Client shall be granted non-exclusive license to any Elements (as defined in the ESCL) under the terms and conditions of the ESCL in its latest updated version as of the moment the license was granted.  

7.9. The Parties agree that  the unauthorised distribution or making the Elements (as defined by ESCL) as well parts of the Service licensed under Section 7.2 above otherwise accessible to a third party without prior Provider’s consent as well as circumventing any rights provided to the Client directly through the web interface of the Service, authorizes the Provider to claim contractual penalty in the amount of EUR 250 000 EUR for any individual breach of the reach of the license (incl. ESCL) and each month such breach continues. 

7.10. Nothing in this Article and neither in the ESCL prohibits the Client to download and install the Elements on multiple different servers in order to achieve high-availability, performance distribution, testing environment or to divide the Software into separate agendas unless such actions are used to circumvent the actual scope of the agreed license, especially agreed user and environment limit. 

8. Payment Conditions 

8.1. The billing period for Agreement concluded on a subscription basis as well as with regard to all time&material regime Services (if applicable) is a defined recurring period (calendar month/year) and the Agreement shall be agreed for a definite period with automatic renewal as stipulated in Section 8.5 below, unless agreed otherwise. The payment is automatically charged via the chosen payment method and invoice is sent to the Client without undue delay after such payment was received by the Provider. If the payment cannot be automatically charged for whatever reason, the Provider shall issue invoice similarly to Section 8.2 below and the Client shall pay such invoice within the same terms.

8.2. In case the Agreement is concluded for a definite (fixed-price/non-subscription) period of time, the Provider may prior to the expiry of said period send the Client the non-binding payment information to pay for the following (same-length) period. The Provider will issue the invoices with the 14 calendar days due date for the Services provided through web interface or email, unless otherwise stated in the Quotation.  

8.3. If the Client defaults with any payment for fixed-price on-premise Services, the Agreement is automatically terminated and rights and obligations of both Parties cease to exist at the moment of such delay. In case of delay in payment of the price for the subscription and time&material Service (incl. “fictional” subscription Service as defined in Section 14.9 of these T&C), the Provider is entitled to receive an interest on late payments in the amount of 0,5 % of the outstanding amount for each commenced day of delay. If the Client is in delay with any payment, the Provider is also entitled to suspend or limit the provision of the Service until the full payment of the debt. For the period of suspension or limitation of provision of the Service, the Client is still obliged to pay the price in accordance with the delivered tax documents. Repeated delay in payment on the side of the Client is considered as a substantial breach of the Agreement entitling the Provider to terminate the Agreement for cause as stated in Article 14 below. 

8.4. The Client acknowledges and agrees that any Service consisting of the provision of support or other consultancy and technical services which is sold as a package for a fixed price (e.g. a package of 10 MDs of support services) must be utilized within a period of six (6) months from the date of purchase (i.e., the date of payment by the Client). The Client further acknowledges and agrees that any such Service not utilized within this six-month period shall expire and be forfeited, and the Client shall have no right to any refund, credit, or other compensation for any unused portion of the relevant Service.  

8.5. By agreeing to the T&C when making a purchase, you automatically sign up for an auto-renewal of your subscription. Your subscription will be automatically renewed at the end of each subscription term based on the subscription period you chose during your purchase. You will be charged the rate stated at the time of purchase (plus applicable taxes, such as value-added tax when the stated rate does not include VAT) at the beginning of each billing term of your subscription via the billing method you have provided to us. Please ensure that your billing information is correct to prevent your subscription from lapsing. 

By purchasing a Subscription, you agree to the foregoing subscription charges being charged to the card on file on a recurring basis until you cancel the Subscription. Subscriptions are continuous and automatically renew unless you cancel, or we terminate your account. To cancel your subscription, please send an email with the subject "Cancel subscription auto-renewal" to salesadmin@easysoftware.com 

Prices and terms for subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that subscription period, but new prices and terms may apply to renewals or new subscriptions. Provider will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your subscription under these new prices or terms, you may cancel your subscription as described above.

9. Rights and Obligations of the Provider

9.1. The Provider is entitled to make any changes of the Service or to its extent. In such case the Provider shall inform the Client through the web interface related to the provided Service. Furthermore, in the event of changes in the legal and regulatory framework, industry standards, associated Providers´ costs, changes to market practices, changes affecting the conditions on the relevant market or any other changes which would impact the provision of Service, we may at any time amend, delete, or add to these T&C (“Change”) by giving notice of such Change by posting a revised version of these T&C on the Website and by notifying the Client via e-mail as well as via the interface related to the provided Services at least 14 days prior to the Change taking effect. Upon such notice of any Change the Client and failure of the Client to object to such Change within the above period, the Client is deemed to have accepted the Change. Giving notice will not apply where the Change is required by law, court order, relates solely to the addition of a new service, extra functionality to the existing Service, or any other Change that neither reduces rights of the Client nor increases the responsibilities of the Client. In such instances, the Change will be made without prior notice to the Client and shall be effective immediately. If the Client objects to the Change of T&C within the above period, the Client is entitled to terminate the Agreement. In any event, the Client may either accept the Change (potentially by legal fiction due to the failure to object) or terminate the Agreement altogether within the aforemention period. 

9.2. The Provider commits to take all steps within his technical possibilities to ensure that the Service is functional and available, if the Client meets basic system requirements for the Service listed in the Product specification or at Hardware and software requirements for the server solution - Easy Redmine. If a non-standard situation related to the functionality of the Service occurs, the Provider shall proceed in particular in accordance with the Agreement. The Client acknowledges that no warranty of any kind with regard to the Service is provided nor offered by the Provider. The Service is provided "as is," with all faults, defects, bugs, and errors. The Provider disclaims all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the Client from the Provider shall create any warranty not expressly defined in the Agreement. The Client acknowledges and agrees that the use of the Service is entirely at its own risk; the first sentence of this Section 9.2 and Section 9.5 shall apply irrespective of the above disclaimer. By using the Service, the Client agrees to be bound the terms of this No Warranty clause. 

9.3. The server environment as well as the defined tech stack under the latest version that is released by the server vendor shall be also considered basic system requirements for the Service to run properly. If the Client does not meet the requirements as stipulated in Section 9.2, Section 9.3 and/or the Product specification, the Provider cannot guarantee the Service to be working. The same applies to the modifications while the Provider also cannot guarantee the Service to be working with the modifications made by the Client. As such, the Client absolves the Provider of any liability or any claims arising out of the Service not being able to run properly due to any reasons related to the modifications made by the Client or as a result of the failure of the Client to meet the basic requirements as stipulated in Section 9.2 and Section 9.3. Any Support provided by the Provider as a result of such failure of the Client to meet the basic requirements and/or as a result of Client modifications shall be priced according to the standard man-day rate agreed between the Parties in the Agreement and paid on a monthly basis within the time&material pricing regime. 

9.4. If the Client detects any problem related to the speed of the Service or its availability, he is obliged to immediately report this incident to the Provider via email specified in the Product specification or by phone through contacts available to accelerate the problem-solving process. The Client takes into consideration that there may be events beyond control of the Provider, which may influence the functionality or availability of the Service to the User (such as internet connection malfunction on the side of the Client, natural disaster, DOS or DNS attacks on technical equipment of the Provider and others). The Provider does not bear any responsibility for damages that occurs in connection with such events to the Client. 

9.5. The Client takes into consideration and agrees that the Provider may for serious reasons temporarily cease to provide the Service, especially in cases such as to prevent cybernetic attacks, if necessary, or in case of serious malfunction of the Service, which needs to be resolved by necessary shutdown. Notification informing about interruption of the provision of the Service must be send to the Client as soon as possible. The Provider is obligated to create adequate operational and safety measures to minimize potential malfunctions or limited or full unavailability of the Service. 

9.6. The Provider agrees that he is not entitled to provide the content of user data to any third party. Furthermore, the Client acknowledges and agrees that the Provider might be entitled to edit, censor, or monitor any user content if legally obliged to do so by law or by a duly issued order from any relevant national authority. 

9.7. The Parties agree that the Provider does not acquire ownership right to the Client´s data. The Client is solely responsible for the content of data stored on the Client’s server or on the Provider’s server. 

9.8. For proper implementation of the Service as well regular audits of the proper use of the Service, it might be necessary for the Provider to gather, save, and process the following data: release version, contract identifier, URL of instance, list of installed plugins and number of active users, which Provider uses for identification of the Client, verification of authorization to use Service and protection of the Provider’s rights.  

9.9. By accepting these T&C, you acknowledge and agree that the Provider is authorised to check, with using its own resources, if you use the Service in accordance with the Agreement and that the above data will be transmitted in communication between Client and the computer systems of the Provider.  

9.10. Furthermore, the Provider reserves the right to audit the Client's use of the Service to ensure compliance with the terms of the Agreement. This audit may be conducted by the Provider or an independent third party selected by the Provider in any case in which the Provider have a reasonable suspicion that the Client uses the Service in breach of this Agreement. The audit will include, but is not limited to, the inspection of the Client's systems, networks, servers, facilities, and relevant records, including any data or logs related to the Service usage. The Provider will provide the Client with at least ten (10) days' written notice prior to conducting an audit, specifying the intended scope and date of the audit. Audits will be conducted during regular business hours and in a manner that minimizes disruption to the Client’s normal business operations. The Client agrees to fully cooperate with the Provider and any appointed auditors during the audit. This includes providing access to necessary personnel, systems, records, and facilities as reasonably required. The Client shall provide access to all necessary documentation, data, and other materials required to verify compliance with this Agreement. The Client shall also provide access to any third-party services or systems used in conjunction with the Software, to the extent reasonably necessary for the audit. If the audit reveals that the Client is in material breach of this Agreement, the Client shall bear all reasonable costs and expenses associated with the audit, including the fees of any third-party auditors. If no material breach is found, the Provider will bear the costs of the audit. If an audit reveals any non-compliance, the Client agrees to promptly take all necessary actions to rectify the non-compliance. The Client must provide the Provider with a detailed plan for remediation within ten (10) days of receiving the audit results and must implement the plan within a reasonable timeframe agreed upon by both Parties. 

10. Rights and Obligations of the Client 

10.1. The Client shall not use the Service in conflict with generally binding legal regulations. The Client shall also be fully responsible for ensuring that all Client´s modifications to the Service comply with applicable laws and regulations. The Client also agrees to assume all liability for the modifications, relieving the Client of any responsibility for the performance, legality, or any consequences arising from the use of the modifications. Notwithstanding Article 13, this Section 10.1 shall apply, mutatis mutandis, to any content uploaded by the Client to the Service. 

10.2. To gain access to the Service, the Provider may request some identification data and additional information from the Client. The Client shall provide true, accurate and current information. 

10.3. Upon request of the Provider, the Client shall provide necessary cooperation while fixing malfunctions or making adjustments of Service. 

10.4. The Client shall use the API interface provided by the Provider only when accessing the Service through the web interface by the third-party applications or services. The Client shall not use or access Service in other automated manner, such as through scripts, bots, web crawlers, etc. for Services provided through the web interface. 

10.5. The Client shall store the access details to Service in secret, the Client is obliged not to tell or enable access to them to any another person, or in any other way enable access to his User Account to any third party. The Client is also obliged to secure his technical equipment in the reasonably required extent in order to minimize the risk of misuse of access details to the User Account. 

10.6. Should the Client violate the obligations imposed in this Article, the Provider does not bear any liability for damages which occurs to the Client, and the Client is solely responsible for damages which occur to the Provider or third parties. Violation of these obligations, furthermore, establishes the right of the Provider to terminate this Agreement. If the Client discovers that there may be access to the Service to third parties due to the leakage of information about access to the Service, the Client shall report this fact to the Provider via email. 

10.7. The download of the software is available only for a specified period of time. After this period, the download account will be automatically disabled. The Provider will NOT provide the source files via an email or any other channel, but only using the online account. 

11. User Account 

11.1. The Client may have one or more User Accounts. Each User Account can be used by one User only. The Client is not entitled to let the User Account set up for a third party, unless it is determined by the Agreement or by these T&C. The Client is not entitled to share the User Accounts among several Users. However, the Client has the right to transfer the unused User Account to the new User at any time. 

11.2. In case of violation of Section 11.1 of these T&C, the Provider is entitled to immediately terminate the Agreement and the Client shall pay unjust enrichment to the Provider within 7 days after receipt of the Provider´s demand for payment. Section 14.9 of these T&C shall apply mutatis mutandis. 

12. User Account Administration

12.1. Each Client may choose one or more User Accounts, which will bear the Administrator rights. The Administrator may perform following operations: 

• to add, edit and delete User Accounts and set up access rights to those accounts (such as access to the reports, files establishment etc.), 
• to access all Client´s data regardless of the access settings of individual Users, 
• to choose a different User Account that becomes the Administrator. 

12.2. The Client bears full responsibility for using the Service by the Users, actions performed by these Users, and all data uploaded into the account of the Client. The Client shall ensure that all of his Users follow the provisions of these T&C. 

13. Prohibited Conduct

13.1. The Client shall not upload, send, or otherwise store content in the Service portal that may contain software virus or other files and programs that may destroy, damage, or limit the functionality of the equipment of the Provider or other Clients. Furthermore, the Client is not entitled to upload the content to the Service, whose possession or distribution is illegal, content that illegally interferes with copyright of a third party or is part of a criminal activity, to distribute spam through the Service or to try to get access to the User Account of another Client or servers of the Provider. The violation of these obligations is considered as substantial breach of the Agreement and establishes the right of the Provider to terminate the Agreement and to require the Client to pay the contractual penalty in the amount EUR 100 000 for each breach and furthermore any potential damage. 

14. Termination of the Agreement

14.1. The contractual relationship ends by withdrawal from the Agreement, by expiration of agreed duration of the Agreement, by termination of a legal entity (the Provider or the Client) with liquidation, by termination of the Agreement or by agreement between the Parties. 

14.2. If the Agreement is concluded for an indefinite period of time, the Client is entitled to terminate the Agreement without a reason at any time. The notice period is one month and begins on the first day of the calendar month following the delivery of the termination notice to the Provider. 

14.3. The Provider is entitled to terminate the Agreement without a reason at any time. The notice period is three months and begins on the first day of the calendar month following the delivery of the termination notice to the Client. 

14.4. The Client is entitled to terminate the Agreement in cases specified in Section 9.1 of these T&C. 

14.5. Should the Client substantially or repeatedly violate his obligations resulting from these T&C or from the Agreement and fail to remedy this substantial and repeated violation within 14 days after the delivery date of the notice informing about that fact in the form of registered letter or from the date of sending the email notification to the Client, the Provider is entitled to withdraw from the Agreement. The withdrawal is effective on the day following the receipt of the notice on withdrawal to the Client. 

14.6. In case that the Client violates obligations resulting from these T&C or from the Agreement in particularly serious manner, the Provider is entitled to withdraw from and the Agreement and terminate the provision of the Service immediately after finding such a breach. 

14.7. Neither Party shall have the right to terminate or otherwise terminate the Agreement except as expressly provided in this Article. The Parties exclude to the maximum extent possible the right of either Party to terminate this Agreement, including the provisions of Sections 1912(2), 1923, 1969, 1977, 1978, 1979, 2001, 2002, 2003, 2106, 2107, 2110 and 2111 of the Civil Code. 

14.8. The Client is obliged to uninstall, delete and destroy any copies of the Elements as well as any parts of the respective Products which were licensed under the license stipulated in Section 7.2 and/or Section 7.8 above, and as such prohibit further use after the termination of the Agreement, no later than within thirty (30) days after the termination of the Agreement. Should the Client fail to comply with the obligation stipulated in the previous sentence, the Client will be legally considered (rebuttable presumption) to still be using the Services for the purposes of Section 14.9 below. 

14.9. The Client hereby agrees that: 

a) should the Client keep using the Services after the termination of the Agreement, ie. use the Elements and other licensed Products or its part as stipulated in Section 7.2 and/or 7.8 above after the termination of the Agreement (that includes using the Elements after the end of Trial version of the Service); and/or  

b) should the Client overuse the Services (ie. use the relevant Services for more users/environments than agreed and/or fully paid by the Client), 

the Provider shall be entitled to a compensation in the amount corresponding to the per user per functionality price defined in the Price List of the respective Product as if the Service was ordered by the Client on a subscription basis for the entirety of the duration of the actual usage of the Services by the Client. The Client undertakes to pay the compensation based on the invoice which shall be issued by the Provider under the same terms as defined in Article 8 above (for subscription-based Services). The updated Price List for each respective Product is always present on the website of the respective Product.  

15. Limitation of Liability 

15.1. The Parties agree to that the total liability of the Provider for any claim made on basis of legal relationship arising from the Agreement and the estimated amount of damages shall not exceed and is limited to the amount equivalent of paid amount for provision of the Service in the previous calendar year. If the maximum damages under the preceding sentence cannot be determined, the maximum damages are limited to the current quarter year fee for specific Services subscribed and provided through the web interface. 

15.2. The Provider is not liable for indirect damages resulting from the provision of Services, such as for lost profits, loss of revenues, loss of data, financial or any indirect, special or consequential damages including exemplary, or punitive damages, including but not limited to, damages for other intangible losses (even if the Provider has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or Service purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data including any modifications of the Service or Product by the Client or resulting from the Service or Product being used in breach of Section 9.2 or 9. 3 above; (iv) statements or conduct of any third party engaged in the provision of Service as well as any outcomes/outputs of the third-party solutions or services provided in connection with the Service (incl. OpenAI and Easy AI generated outcomes); or (v) any other matter relating to the Service. In case of force majeure, Parties are entitled to momentarily suspend the fulfilment of their obligations, based on the Agreement, and any non-observance (overall or partial) or delay in the fulfilment of obligations imposed by this Agreement, will not be considered violation of the Agreement. For the purpose hereof force majeure shall mean any circumstances where liability is excluded in accordance with Czech law, including, but not limited to natural disaster, war, change of the political situation that precludes or inappropriately impedes the performance of the rights and obligations hereunder or any other similar reason, event or fact. 

15.3. By concluding the Agreement, the Client takes into consideration that even with the Provider’s best effort, it is possible that a short–term unavailability of the Service may occur, which is caused by circumstances outside of the Provider’s sphere of influence (e.g. internet connection failure). The Client therefore agrees to and undertakes that all of his data stored within the Service shall be backed up on another geographical location(s) by the Client. 

15.4. The Client uses the Service AS IS as defined in Sections 9.2 and 15.2 above. Incompatibility with other software, hardware configuration or any faults and defects do NOT entitle the Client to cancel the order nor get a refund of the price already paid by the Client, unless specifically negotiated otherwise between the Parties on a case-by-case basis. 

16. The Protection of Personal Data 

16.1. The Client declares that he is aware of his legal obligations as a controller and processor of personal data of the Users and its own clients. Method and processing of personal data of these entities within the Service is determined by the Client. The Provider does not bear any responsibility for proper fulfilment of legal obligations of the Client as a data controller in which case the Provider is only a data processor. 

16.2. All data are collected by the Provider from the Client for the purpose of providing Service, improving its quality and sending commercial and marketing notifications only as is defined in detail in the Privacy Policy that can be found at https://www.easyproject.com/about/terms-and-conditions/principles-of-personal-data-processing. 

16.3. All communication within the Service is encrypted by SSL protocol. The Client hereby declares that he considers this method of encrypting sufficiently safe. 

16.4. The Provider undertakes that he will not provide any information specified by the Client during the registration of his User Account nor any other personal data provided by the Client to any third party for any other purposes other than those defined within this Agreement and the Privacy Policy. 

16.5. The website and web application of the Provider also uses cookies and similar technologies as is described in detail in the Cookie Policy that can be found at https://www.easyproject.com/about/terms-and-conditions/cookie-policy. 

17. Final provisions 

17.1. The Parties undertake to maintain confidentiality about any information that they learned during the contractual relationship under the Agreement. 

17.2. The rights of the Client arising from the Agreement and these T&C may not be assigned without prior written consent of the Provider. 

17.3. For avoidance of any doubt, the Parties explicitly confirm that they are entrepreneurs and that they conclude this Agreement within their business activity. 

17.4. If any provision of this Agreement or these T&C is or becomes invalid, ineffective, or unenforceable, such fact shall not affect the validity, enforceability, or effectiveness of remaining provisions of the Agreement or these T&C. In such case the Parties are obliged to make every effort to conclude an amendment to the Agreement, by which the invalid, unenforceable or ineffective provision will be replaced by new provision corresponding to the purpose originally intended. 

17.5. In case of any collision of the provisions of Quotation, Product specification, Service implementation specification, Support Service specification and T&C, the precedence of these documents will be: 

(i) Quotation, 

(ii) Implementation Service specification, 

(iii) Support Service specification, 

(iv) Product specification, 

(v) T&C, 

(vi) Public information. 

17.6. These T&C are governed by the law of Czech Republic, the member of the European Union. However, the Parties also exclude to the maximum extent possible the provisions of Sections 1764, 1765, 1793 through 1795, 2050, 2389a through 2389f, 2389t, and 2389u of the Civil Code. Any dispute arising in connection with or out of the performance or the interpretation of the Agreement, which the Parties cannot settle amicably, shall be finally settled by Czech arbitration body the Arbitration Court attached to Economic Chamber of the Czech Republic and Agrarian Chamber of the Czech Republic by three arbitrators appointed in accordance with the Rules of that Arbitration Court. Each Party shall nominate one arbitrator. Both arbitrators shall agree on the third arbitrator within 30 days. Should the two arbitrators fail, within the above time-limit, to reach the agreement on the third arbitrator, he shall be appointed by the Chairman of the Arbitration Court. The arbitral award shall be final and binding upon the Parties. The Parties hereby irrevocably commit not to challenge the enforcement of the arbitral award under any jurisdiction. 

17.7. The official version of these T&C has been drafted in English and shall be considered the only binding version. Any versions of these T&C translated into other languages are provided solely for the convenience of the User through machine translation and do not carry legal weight. In the event of any discrepancies or conflicts between the English version and any translated version, the English version shall prevail in all matters. 

17.8. These T&C come into effect on 1. 8. 2024. 

Principles of Personal Data Processing

Dear client,

we, the Easy Software Group SE, (hereinafter also referred to as “we” or “our Company”) hereby inform you about the principles and procedures for processing your personal data and about your rights relating to the protection of personal data in connection with offering, concluding, providing, and maintaining products and services of the relevant companies within our Easy Software Group. 

Our company, as a managing person within the meaning of Section 79 of Act No. 90/2012 Coll., on Commercial Companies and Cooperatives, as amended, is the head of Easy Software Group. Therefore, the principles and procedures for processing and protecting personal data, their security, and the exercise of your rights as data subjects are set uniformly for all companies that are part of Easy Software Group, especially: 

• Easy Software Ltd, residing at Kemp House, 152-160 City Road, EC1V 2NX London, United Kingdom; 
• Easy Software s.r.o., residing at Jugoslávských partyzánů 736/34, Bubeneč, 160 00 Praha 6, Czech Republic; and  
• Easy Software LLC, 175 Pearl St. Floors 1-3 Brooklyn, NY 11201 United States of America 

(jointly referred to as “Easy Software Group Companies”). 

You can also find the detailed contact and identification information of the Easy Software Group Companies in the footer of our website at https://www.easysoftware.com/. We will be pleased to answer any of your questions in any of our branch offices and/or via email: info@easysoftware.com. Where the terms “we” or “our Company” are used, these shall also be interpreted to include the relevant Easy Software Group Company with which you, as a client, enter into a legal relationship with.  

The purpose of these Principles is to give you information about the particular personal data we collect, how we treat them, what sources we get them from, what purpose we use them for, whom we may provide the data to, where you can obtain information about your personal data we process, or what are your individual rights concerning the protection of personal data. 

Thus, please read the contents of these Principles carefully. 

1. General Information

Our Company is subject to various statutory obligations regarding the processing of client personal data that we must comply with, particularly with regard to the fulfilment of our contractual obligations or to exercise instructions/orders of official authority. In this regard, we would be unable to provide our products and services at all without being given your personal data. Also, we process personal data of clients beyond the framework of our statutory obligations for the purpose of customer care, and to address you with targeted offers of products and services. In some cases, we need your previous consent to do so. If you decide to not grant your consent in these cases, our provided products or services may be limited or otherwise adjusted, depending on the scope of data we are entitled to process. Every client is informed about the scope of limitations or adjustments. 

Unless explicitly stated otherwise, all of the information contained herein also applies to the processing of personal data of prospective customers, i.e. persons with whom we are in contact but have not established a contractual relationship yet, as well as former clients (within the data retention periods as specified below). The information contained herein also applies, to a reasonable extent, to the processing of personal data of other persons, with regard to whom the Company has certain obligations, or with whom our Company is in direct contact without being in a contractual relationship (such as representatives of legal entities). 

The information provided herein is of a general legally normative nature, thus it is not part of any specific contract (unless agreed otherwise) and may be supplemented by details related to a specific case of personal data processing in our mutual communication. 

1.1. Personal Data Processing Principles 

As part of processing your personal data, we respect the highest industry standards of personal data protection and particularly abide by the following principles: 

(a) We always process your personal data for a clearly and comprehensibly defined purpose, using defined means, in a defined manner, and only for a time necessary with regard to the purpose; we only process precise personal data of clients and ensure that their processing corresponds with and is necessary for the defined purpose; 

(b) We protect and process your personal data in a manner ensuring the highest possible security of the data and preventing any unauthorized or accidental access to client personal data, their modification, destruction or loss, unauthorized transfers, other unauthorized processing, or other abuse; 

(c) We always clearly inform you about processing your personal data and your rights to receive precise and full information about the circumstances of such processing as well as your other related rights; 

(d) At our Company we adhere to adequate technical and organizational measures to ensure a level of security matching all reasonably expected risks; all persons who come into contact with client personal data are obliged to keep confidential the information acquired in connection with the processing of such data. 

2. Information about the Processing of Personal Data

2.1. Information about the Controller 

The Data Controller of your personal data is the relevant Easy Software Group Company with which you either come in contact with and/or with which you enter into legal relationship with (ie. via purchasing our licenses).  

With respect to our website, Easy Software Ltd., residing at Kemp House, 152-160 City Road, EC1V 2NX London, United Kingdom, ID: 08960980 shall be considered the Data Controller. 

2.2. Purpose and Legal Basis of Processing 

2.2.1. Processing of Personal Data without Your Consent 

This usually concerns situations where you are obliged to disclose certain personal data to us as a condition to let us provide you with our product or service, or where we are entitled to process your personal data acquired otherwise.  

By virtue of law, we are entitled to process your personal data without your consent for the following purposes, in particular: 

(i) compliance with statutory disclosures to public authorities or to comply with other relevant laws and administrative or court decisions; 

(ii) compliance with archiving obligations; 

(iii) conclusion or performance of a contract with you; 

(iv) our legitimate interest; 

(iv) protection of rights and interests protected by law, particularly in respect of resolution of any and all disputes, particularly for the purpose of court or other disputes. 

2.2.2. Processing of Personal Data with Your Consent 

This particularly concerns situations where you voluntarily agree that we process the provided or otherwise acquired personal data on top of the data we might already process based on a different legal title. These go above the scope of the nature of the core services and may provide you with better services both in the present and the future. As such, not granting your consent may be a reason preventing our Company from providing you with certain optional communications, products, or services. 

Based on your consent, our Company processes your personal data for the following purposes: 

(a) specific types of customer care; these are activities that do not stand for the performance of a contract or another legal framework of personal data processing and cannot be justified by our legitimate interest, and include the following: (i) market research; (ii) monitoring of client actions on our Company’s website in connection with the offered services (thus, this purpose does not relate to mere acquisition of information about actions of visitors to our Company’s website in the form of cookies as described below in the Article on Electronic Means of Communication and Mobile Applications); 

(b) the offering of products and services which are either (i) not directly relevant to the products or services already offered, (ii) not yet provided, and/or forwarded to third parties for the purpose of offering products and services of such third parties (usually our partners that either participate in the provision of services, are Company affiliated (usually within the structure of the Easy Software group) and/or might be relevant to the interests of the clients; in particular, this includes distribution of information, offering of products and services of our Company and other parties, including product and service offers targeted at particular clients, all via various channels, such as by mail, electronic means (including electronic mail and messages sent to mobile devices via a telephone number), or by telephone, via a website. 

 To a certain extent, in these cases, our Company is also entitled to offer products and services to clients without obtaining their consent within their legitimate interest or as part of the fulfilment of our contractual obligations; if implied by the law, you will be informed in this regard about your right to express your disagreement with any further offering of products or services. More details are provided above in these Principles. 

Furthermore, our Company may also process your personal data based on specific consent for (individually): 

(a) use of cookies, pixels, and other tracking technologies in the manner and for the purposes as is (in detail) described in our Cookie Policy you can find at each of our respective product websites; or 

(b) recording of our meetings, calls, and other audio/audiovisual communication and the following use of such recordings internally (ie. within the Easy Software group of companies) for purposes of advancement of our customer care and/or other lawful purposes (mainly legitimate interest and performance of contract). We further may use of the recordings via other internal or third party solutions to automate our internal processes for optimal use of the information provided by you to provide you with products and services. The consent under this letter includes the consent of the person to record shared screens as well as any other content shared in the meetings, as well as the portraits of each person included and their expressions (incl. verbal) and their further use within the foregoing purposes. For the avoidance of doubt, should the person choose to share any other information, these will be recorded as well, and consent extends to those similarly. The relevant person also grants the Company license to use his/her portrait captured in the video recording in all manners of use and to use the content of the recording for internal purposes described above. The license is granted for a definite period of the duration of the specific consent and 12 months after its withdrawal and without any territorial restrictions. Our Company shall not be responsible or liable for any use of the information recorded by the actual providers of third-party solutions. We will inform you of the actual third parties used for provision of such services on request as it might change from time to time. You can also refer to Section 2.5 below with respect to the types of recipients of your data.  

2.3. Scope of Processed Client Personal Data

Our Company processes your personal data to an extent necessary to meet the above purposes. We particularly process contact and identification data. Detailed information about the scope of processed personal data of clients is stated in Annex 1 to these Principles. 

2.4. Personal Data Processing Methods

The method of how our Company processes your personal data includes both manual and automated processing, including algorithmic processing, in our Company’s information systems. However, you shall not be subject to any automated decision-making or profiling.  

Your personal data are mainly processed by employees of our Company and, to an extent as required, by third parties. Before any disclosure of your personal data to a third party, we always enter into a written agreement with the third party, containing the same warranties in respect of personal data processing as adhered to by our Company and/or at least warranties in line with its statutory obligations. 

2.5. Recipients of Personal Data

Your personal data are made available particularly to our Company’s employees in connection with the performance of their professional duties requiring work with the personal data of clients, however, always exclusively to an extent necessary in the particular case and in compliance with all security measures. 

In addition, your personal data are disclosed to third parties participating in the processing of personal data of our Company’s clients, or such personal data may be made available to them on other grounds in line with the law. Before any disclosure of your personal data to a third party, we always enter into a written agreement with the third party to stipulate the terms of processing of personal data as was already described above. Our Company strives to achieve the same warranties in respect of personal data processing by third parties as adhered to by our Company and in line with the relevant statutory obligations. Besides such agreement, our Company does not disclose your personal data to companies located in countries that do not provide sufficient guarantees for protection of personal data in line with the GDPR.  

You hereby give us consent with the following categories of third parties (our data processors) to whom we may disclose your personal data within the above purposes and where necessary for the proper provision of Services and/or fulfilment of other purposes described in these Principles:  

• Server and hosting providers; 
• Accountants, Tax Advisors and Attorneys; 
• Mailing system providers (e.g. Mautic); 
• External system providers (e.g. Smartsupp); 
• Internal system providers (e.g. Leexi.ai - https://www.leexi.ai/en/ for call recordings, Google for reCAPTCHA, etc.); 
• Affiliates and intra-group (Easy Software Group) companies; 
• our other subcontractors who participate in the provision of Services to clients.  

For the avoidance of doubt, the above consent with the types of data processors by no means results in all of the client information being transferred to all of the data processors. It is a general consent to use certain types of data processors, however, limited exclusively to the manners where such use is necessary to fulfil the purposes of the processing of personal data described in these Principles, ie. accountants of the Company only receive accounting information, Leexi only processes the relevant recordings, etc. We always share data exclusively on a need-to-know basis. 

In accordance with applicable legislation, our Company is entitled, or directly, without your consent, obliged to disclose your personal data to: 

• relevant state authorities, courts, and law enforcement authorities for the purpose of performance of their obligations and for the purpose of enforcement of judgment; 
• other parties to an extent stipulated by legislation, such as to third parties for the purpose of collection of our receivables from clients. 

2.6. Disclosure of Personal Data to Foreign Countries 

Your personal data are processed exclusively in the territory of the Czech Republic, other states of the European Union and/or other foreign countries where Easy Software Group entities are seated (ie. United States of America), and which either share the same personal data protection standard as the Czech Republic and United Kingdom or provide sufficient guarantees that such standards will be upheld irrespective of the national statutory obligations. Neither our Company nor the entities participating in the processing of client personal data disclose the personal data of clients to countries outside the European Union unless such companies and/or countries provide sufficient guarantees with regard to your personal data (incl. EU-US Data Privacy Framework Program and other adequacy decisions, standard contractual clauses and other means in compliance with the data protection regulations). In that case, certain personal data might leave the EEA and be processed in different countries, especially within the United Kingdom and with respect to our third-party providers also in the United States of America (ie. Google Analytics). 

2.7. Term of Personal Data Processing 

Our Company processes the personal data of clients only for a time necessary with regard to the purposes of processing. From time to time, we evaluate the existence of the need to process certain personal data required for a particular purpose. Once we detect that the data are no longer required for any of the purposes, for which they have been processed, we destroy the data. However, in respect of certain purposes of personal data processing, we have internally evaluated the usual term of usability of personal data, after expiration of which we most carefully assess the need to process such personal data for the particular purpose. In this regard, it also holds that personal data processed for the purpose of: 

(a) execution of contracts are processed over the term of the contract negotiations with the client; then the relevant personal data are usable for up to 12 months within our legitimate interest to contact clients with whom we were in negotiations (unless objected by the client); 

(b) performance of contracts are processed over the term of the contractual relationship with the client; then, the relevant personal data are usable for up to 12 months depending on the offboarding process; 

(c) legitimate interest to participate in the defence of our own claims as well as protecting ourselves against the claims of our clients are processed for up to 3 years after the contractual relationship ended for civil cases and can be increased to up to 15 years in criminal cases depending on the statute of limitations period; such period might be prolonged for the duration of the judicial and other administrative proceedings concerning such claims; 

(d) offering of products and services relevant to the products and/or services already used by the client are processed over the term of the contractual relationship; then, the relevant personal data are usable for up to 24 months or until objection from the client is raised whichever earlier; if personal data are disclosed to us by third parties, the term of processing is defined by the third parties in accordance with applicable legislation and legal title obtained by the third party; 

(e) offering of products and services not directly relevant to the products and/or services already used by the client are processed for the duration of the relevant consent, usually for the duration of up to 2 years or until consent withdrawal whichever earlier; 

(f) recording of calls, meetings and other communications are processed for the duration of the contractual relationship with the client; then, the relevant personal data is usable for up to 6 months or until the data is pseudonymized and aggregated or anonymized;  

(g) customer care are processed over the term of the contractual relationship with the client; then, the relevant personal data are usually usable for up to 12 months; 

(h) compliance with archiving obligations are processed for the duration of up to 10 years depending on the legal obligations of the relevant Easy Software Group Company.  

2.8. Right to Revoke Consent 

In these Principles, we tried to explain why we need your personal data and that for certain purposes we may process them with your consent only. You are not obliged to grant consent to our Company to process your personal data and you are also entitled to revoke your consent. At this point, we would like to remind you that we are also entitled to process personal data for certain purposes without your consent (as was already described above). If you revoke your consent, we will discontinue the processing of the relevant personal data for purposes requiring the relevant consent; however, we may be entitled or even obliged to process the same personal data for other purposes. 

If you wish to revoke your consent to the processing of personal data, please refer to any of our branch offices, send us a letter to any of the Easy Software Group Companies, or contact us via email: info@easysoftware.com or via form on the web pages of Easy Software Group. 

2.9. Sources of Personal Data 

We acquire the personal data of clients particularly from: 

(a) the clients, directly, such as when concluding contracts related to the Company’s products or services provided, and/or indirectly, such as during the use of the Company’s products or services by the clients, or as part of making information about the Company’s products and services available to the clients, such as through the Company’s website, etc.; 

(b) prospective customers interested in services of our Company as part of marketing events and campaigns; 

(c) own activities through processing and evaluation of other personal data of the clients, ie. during the provision of Services from our own internal systems and tools for purposes described above. 

2.10. Your Right to Ask for Access to Personal Data and Protection of Client Rights 

If you ask us for information related to the processing of your personal data, we will provide you with all information about the data we process about you without undue delay. We are entitled to claim reasonable compensation corresponding with expenses incurred in order to provide such information. If you find out or think that our Company or a third party participating in the processing of your personal data does so in conflict with the protection of your private life and/or in conflict with the law, in particular, if your personal data are inaccurate, you may: 

(a) request an explanation from our Company or the third party participating in the processing of data; 

(b) request remedy of the defective state; in particular, you may request correction or amendment of the personal data; if needed, the data will be temporarily blocked or destroyed. 

If we find your request legitimate, our Company or the third party participating in the processing of data will remove the defective state free of charge and without undue delay. 

2.11. Company as a processor of personal data 

In certain cases, our Company also handles client personal data by authorization of another party (another data controller). For detailed information, it is always necessary to contact the particular data controller of personal data, unless our Company is authorized to provide information in the particular case. 

More importantly, our Company acts as a data processor by authorization of you, our clients, where such clients provide our Company with any information concerning third parties that are not in a contractual relationship with our Company, typically end-users and customers of our clients as well as any of their employees and subcontractors accessing our products and/or services. In such cases, our client is fully responsible (and as a consequence liable) that all the data provided to our Company are legally obtained and processed, that the legal purposes for their processing and their transfer to our Company are met and that any other obligations relevant to the processing of personal data by the client of our Company are being fulfilled. You shall indemnify and hold harmless our Company from and against any and all reasonable claims, losses, injuries, damages, charges, costs, or expenses arising out of or in connection with the performance (or lack of) of the duties and obligations of yours, where such claim(s) result from the default, negligence, or intentional or wilful acts or omissions of your with respect to the processing of personal data provided to our Company. 

2.12. Electronic Means of Communication and Mobile Applications 

Customer care. As part of customer care, our Company develops technologies to let you use modern electronic means of communication and mobile applications to access and use Company’s products and services. In particular, these include services related to the use of the Internet, social networks, and various mobile applications. 

Social networks. Also, you can address us through various social networks. We particularly use these communication channels as marketing tools; our products and services are not provided through social networks at this moment. If the social networks are used, please be advised to check their respective privacy settings and policies to inform yourself of your privacy and relevant rights guaranteed by their operators and/or providers. We do not guarantee, nor shall we be responsible or liable for the data processing that occurs by the relevant social networks independently. Unless necessary for other relevant purposes, e.g. performance of a contract with you, we do not store such communications elsewhere (outside the social network accounts).  

Cookies. We do not store Cookies in your computer (with the exception of purely functional cookies) without your previous consent. You can learn more about cookies in a Cookie Policy present at each relevant product website. 

2.13. Principles 

These Principles are valid and effective as of 1.8.2024. The current version of the Principles is published on our Company’s website and is also available at our branch offices. 

The official version of these Principles has been drafted in English and shall be considered the only binding version. Any versions of these Principles translated into other languages are provided solely for the convenience of the User through machine translation and do not carry any legal weight. In the event of any discrepancies or conflicts between the English version and any translated version, the English version shall prevail in all matters. 

Annex 1 – Scope of Processed Personal Data 

Identification data – these include data such as name, surname, date, email, phone number, employer or. represented company; for clients who are natural persons – entrepreneurs, also the identification number and tax ID. Other possible identification data include, for example, information about the IP address of the computer used, and files of specific authentication data we agree to use. 

Contact data – name, surname, contact addresses, telephone numbers, email addresses, or other similar contact data. Other similar contact data may be the IP address of the used computer and files of specific authentication data we agree to use. 

System data – system logs and other technical, usually pseudonymized, data that are stored automatically by our systems or by CDN and hosting providers to protect us from potential attacks.  

Recording data – name, surname, nicknames, account IDs (related to the type of meeting/call), as well as any other data shared on the meetings/calls from which the recording was taken. We also process the recording metadata for privacy purposes. 

Communication data – any further information disclosed to us during the communications related to any of the purposes described in these Principles. 

In the event that you withdraw a submitted application for a product or service, we also process the application withdrawal date along with the data provided before the withdrawal. 

Data arising out of the performance of obligations under contracts – depending on the nature of the provided product or service, we process information related to the provided product or service. In this category, we process personal data such as the terms of the contract, identification data of the relevant personnel, and other personal data acquired during our interactions. In particular, these include: 

(i) data serving to secure communications; 

(ii) records of your preferred communication language, expressed interest in a product or service, your strategies, or your specific requirements disclosed to us. 

Implementation Service Specification 

1. General conditions 

If not stated explicitly otherwise, all meetings are delivered through a virtual meeting solution. All participants shall attend individually and be equipped with a headset. 

Scope of the packages is based on our best experience. Usually this is a minimum scope of implementation. However, every implementation is unique and therefore additional time is sometimes needed, because of specific clients' requirements. Easy Project consultants can provide a spent time report on request. 

If not stated explicitly otherwise, implementation is delivered in English; all documents and written documentation will be delivered in English. 

2. General Provisions 

2.1. New application versions 

We develop and improve the application continuously. New versions are released in the following cycles: 

• A new version is released every three months 
• The development of a new version is frozen one month before its release so that it can be tested 
• Bug fixes are released every 14 days 

Your suggestions related to the application development will be implemented in cases where they are beneficial to the majority of our clients and in compliance with our product development strategy. Our goal is to make project management easier. 

2.2. Collaboration process 

We appreciate open communication. We are entering a mutual process of implementing new software in your company. We believe it is beneficial to both sides if we share important information openly and in time. 

The communication may be carried out by email, online meetings, phone calls and personal meetings. For successful completion of the implementation process, mutual communication on operational level is needed. For this reason, each party should react quickly when contacted by the counterparts. We are usually able to react within two working days. 

During the implementation the consultant will collaborate with our other internal departments. Resolutions of issues which are not directly related to the implementation will be delivered to you by our support team. If there is a need for an intervention on the client’s server or another server-related consultation the communication will be passed to our server support specialists. If you are not fully satisfied with the work of our support departments during the implementation, please advise your consultant. Your feedback is important to us. 

2.3. Prepaid MANDAYS (MD) and reporting of the spent time 

The information on the number of prepaid MANDAYS can be found in the introductory table of this protocol. The implementation is usually carried out remotely. If you preferred personal meetings it is possible to arrange them in the Easy Software offices. Should you prefer to arrange meetings at your premises, it is possible to cover the travel expenses from the prepaid budget (the implementation scope). Travel costs might be also invoiced separately. We charge the whole time spent travelling from / to customer premises by the consultant. Prepaid consultation hours must be used within 6 months from the first contact with the assigned consultant. 

The spent time reports are typically sent to the client when approximately half of the implementation MANDAYS from the prepaid budget is spent and then when the last few hours are left. A consultant provides, separately from the time report, a proposal on how to spend the remaining hours. 

The implementation consists of the following phases. The sum of the time spent on each phase is equal to the total prepaid budget of MANDAYS. The lowest time value charged to customer is 0,25 hour. 

• Initial analysis 
• Initial online meeting 
• Configuration of the application (the work effort depends on the complexity of the requirements on the settings) 
• Training 
• Additional requirements on the configuration 
• Support during the implementation and testing during implementation (emails, phone calls) 

Specifically, the following activities are covered by the MANDAYS from the prepaid budget: 

• Time of the consultant spent working on your implementation, configuring your application 
• Analysis of your requirements 
• Internal consultations of your requirements 
• Required consultations 
• Drawing different scenarios of how to implement your requirements 
• Preparation and updates of the implementation protocol 
• Implementation related meetings and phone calls 
• Training 
• Email communication with the consultant 
• Organization, planning and scheduling the meetings 
• Coordinating internal departments if their involvement is needed (Support, server specialist) 
• Time of the consultant spent on the journey (unless it is paid separately, see the first paragraph) 
• Management of the implementation project 
• If certain system behaviour is reported as a bug but is eventually proven to be correct the time of the consultant spent dealing this request is also covered from the budget 
• Work of server specialists on your server 
• Work of server specialists dealing with your requests 

The following activities are not covered by the prepaid budget and hence not paid by the client: 

• Work of the support team 
• Fixing possible bugs 

2.4. Increase of the prepaid budget 

It is possible to increase the budget of prepaid MANDAYS only after your confirmation. An increase to the prepaid budget is usually necessary because of the following reasons: 

• It turns out, after the introductory analysis, that the original estimate of implementation MANDAYS was too low. The consultant will provide you with an updated estimate of activities to be done do compete the implementation. This plan will also show which activities in particular need more attention (MANDAYS) than originally estimated 
• If you wish to be informed about spent time more often than in paragraph above. 
• It is not possible to implement your requirements in the standard application interface thus a custom development is needed. 
• The support on your server was not taken into consideration for the implementation MANDAYS estimate but is nevertheless is required. 
• Additional training is required (which was not accounted for the original estimate) 
• It becomes evident during the implementation process that the number of prepaid MANDAYS is not enough to satisfy all your requirements.

Previous version:

Terms and Conditions – 07-2017