Terms & Conditions
GENERAL TERMS AND CONDITIONS
SQUALIO GROUP LLC, reg.No. 40103197092, registered address Krisjana Valdemara Street 21-19, Riga LV-1010, Latvia
Herewith we are informing you that by registering with wisery.eu (hereinafter referred to as - the Website) or installing, copying, downloading or otherwise using services on the Website (hereinafter referred to as – the Software) provided by SQUALIO, you are accepting the following binding terms and conditions published and available on the Website thus becoming user of the Website and the Software. This Agreement shall enter into force on the moment you as the user (hereinafter referred to as – the User) agree to the terms and conditions by ticking the box “I agree to the Terms and Conditions of Wisery” and shall remain in effect for as long as the User shall use the Website and the Software.
This Agreement may be changed at discretion of SQUALIO at any time and it shall always be the responsibility of the Users to ensure that they are fully aware of the terms and conditions of use. Continued use of the Website and the Software will be deemed to constitute acceptance of any variation of the Agreement.
The General Terms and Conditions of the Agreement shall be applicable to the extent Special Terms and Conditions the User and SQUALIO have agreed separately (if such additional covenant has been reached) provide for otherwise.
The Website provides the Software which helps to manage, organize and document personal data processing procedures and flows to be compliant with the Regulation (EU) 2016/679 of The European Parliament and of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as – GDPR) as well as general practice of data processing, risk assessment and management related thereto.
The Software is licensed in accordance with the Software Use Rights set forth in the terms and conditions herein.
The User must comply with all technical limitations of the Software, which determine its use in certain ways, and in this regard, inter alia, it is prohibited: to bypass the Software's technical means of protection, multiply applications using terminal services, modify, copy or reproduce the Software in any manner.
The User shall sign up to start using the Software according to offer provided by SQUALIO (hereinafter referred to as – the Subscription Plan).
No installation of the Software will be required for the User to be able to use it. The access and use rights to the Software (hereinafter referred to as – the Subscription License) must be purchased for each User account.
The User is authorized to use, access, operate and perform other operations with the Software or an older version thereof on computers, workstations, laptops at its discretion provided such use corresponds to number of Subscription Licenses for the Software the User has legally acquired. The Software shall be solely used via access accounts granted to the User. The User is not authorized to allow the Software to be used by its customers, service providers or any other third party in a manner inconsistent with the understanding of the Software hosting service, unless SQUALIO has specifically granted the authorization to provide such service or access.
When operations with the Software are performed with a registered User profile, using the correct username and password, then it shall be considered that such operations with the Software were made by the registered User himself or his duly authorized representatives.
The subscription period for the Software available is annual subscription.
The User shall be allowed to use the Subscription Plan he has signed up for or its enhancements, releases and add-ons that came out during the validity term of the Agreement. Once the User has not settled his payment liabilities for the Subscription Plan ordered irrespective of whether it is first payment or payment for extension of the Subscription License, the User shall have no rights to use the Software according to full functionality, or to access the latest releases and add-ons to the Software.
Fees and Payment Procedure
The User should contact SQUALIO team for price offers of the Subscription License (hereinafter referred to as – the Subscription Price). When the User shall sign up for the Subscription Plan the User shall be obliged to make advance payment in amount of 100% of a Subscription Price. No deferred payments shall be accepted unless specifically agreed with SQUALIO.
Invoices in respect to the payments made by the User shall be sent to the User by means of an electronical mail or made available online in the profile of the User.
Retention of Rights
The Software is licensed as one product. The Agreement concluded hereby provides terms and conditions for acquisition of solely Subscription Licence to the Software. All ownership rights to the Software shall at all times remain with SQUALIO, no ownership rights neither in parts nor in their entirety shall be transferred to the User during validity term of this Agreement or at any time thereafter.
The User and SQUALIO mutually acknowledge that the Website and the Software contain copyrighted works (including software code, design elements, etc.), industrial property objects (goods and service marks, inventions, etc.), processes, methods, trade secrets, know-how, etc. (hereinafter referred to as – the Intellectual Property). All rights and / or Intellectual Property rights to the Software (including images, photographs, animations, videos, audio, music, text and other attachments included in the Software), documentation and copies of the program product belong to SQUALIO.
The User acknowledges that any and all rights, including Intellectual Property rights that might become available to the User while using the Website or the Software, as well as any Intellectual Property itself are protected by the Latvian Copyright Law, Law on Designs, Law on Trade marks and indications of geographical origins and international copyright agreements as well as other intellectual property protection laws and treaties.
The User acknowledges that when using the Website and the Software, he will obey all applicable laws and respect the Intellectual Property rights of SQUALIO. The Agreement does not grant the User the right to use any of such property otherwise, than as provided for in the terms and conditions herein.
User Obligations, Warranties and Liability
The User knowingly and freely assumes all risk when using the Website and the Software and agrees that SQUALIO is not responsible for any content or data stored using and/or included in the Software by User or any of his representatives. The User hereby agrees to indemnify, release, hold harmless and defend SQUALIO and its representatives, employees, affiliates and successors from any and all claims, actions, losses and/or lost profit, loss of privacy, or other damages or harm made to the User or any third party, that may result from such use of the Website and/ or the Software.
If the Software has been used by a third party instead of the User, the User shall be responsible for the actions of such third party. The User must take all possible measures to ensure that User's employees, agents or other persons use the Software only in accordance with the Agreement.
By accepting terms and conditions of this Agreement the User acknowledges and warrants SQUALIO that:
all User information provided to SQUALIO is current, complete and accurate, and that User information will be updated to maintain its completeness and accuracy. The User acknowledges that no fake content will be provided. If it will become apparent for SQUALIO that provided information is not truthful or accurate, SQUALIO has the right to refuse access to the Website and the Software or to terminate or suspend access to the Software at any time;
he will not use the Software for storing of any personal data of individuals as defined by any applicable data protection laws. The only personal data which can be placed and stored in the Software is User registration data and other data to be submitted to SQUALIO to activate the User account;
he will store and manage any content, material or information not including personally identifiable information;
he is aware and undertakes to comply with prohibition to share login details (username and password) with any other person;
he will not lease, lend or transfer otherwise the Software and use thereof to third parties in any manner not consistent with the terms and conditions herein;
he will notify SQUALIO immediately of any unauthorized use of User’s account, loss of user details and/ or passwords, or any other circumstances that may trigger unauthorized use of his User account;
if he is using the Software on behalf of a company he represents, he is authorized to act and enter into contracts on behalf of that company;
he will make no action against SQUALIO or its shareholders, directors, employees or any stakeholder arising either directly or indirectly out of the use of the Software resulting from no fault or negligence of SQUALIO.
This Agreement or liabilities of the User arising hereof may not be ceded by the User to any other person.
Disclaimers / Limitation of Liability
The Website and provided Software is a platform (data tracking and management system) considered to manage information about personal data which User is obliged to store according to GDPR or any other data protection regulation, and it shall not be considered as a database for the personal data itself.
The User is entirely responsible for maintaining the confidentiality of passwords. SQUALIO shall not be held liable for any loss that User suffers because of other person access to the User’s account - with or without User’s knowledge.
The User may be held liable for any losses incurred by SQUALIO and/or its representatives, affiliates and employees due to third party’s use of User’s account.
SQUALIO shall not be liable for any loss or damage or data leakage that any User may incur due to the improper use of the Software or any other Website services.
Due to the nature of the Website and the Software provided SQUALIO does not represent or warrant that the User's use thereof will be uninterrupted or error-free, that defects will be corrected, or that the Website and/ or the Software are free of viruses or other harmful components.
SQUALIO makes no representations about the suitability, reliability, availability, timeliness, security and accuracy of the Website, the Software and other services offered on the Website for any purpose, other than what is specified in terms and conditions herein. SQUALIO makes no warranties and/or representations with regards to fitness of the Software for a particular purpose.
Otherwise than provided for in law, in no event shall SQUALIO and/or its representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of profits, data or reputation, arising out of or in any way related to the use or performance of the Software or any other Website services, with the delay or inability to use the services, the provision of or failure to provide the services, whether based on contract, delict, negligence, strict liability or otherwise, even if SQUALIO have been advised of the possibility of such damages.
SQUALIO aggregate liability for any claims howsoever arising out of Software, the Website, support or other products or services furnished or to be furnished by SQUALIO under this Agreement will in any event be absolutely limited to the amount paid by respective User to SQUALIO under this Agreement for the applicable products, support or services within the last 12 (twelve) months prior to the User’s claim arising.
Applicable law and Dispute Resolution
The provisions of this Agreement shall be governed by the laws of the Republic of Latvia. The provisions of the Agreement are severable and, if any provision of the Agreement is held to be invalid or unenforceable, that provision may be removed and the remaining provisions will be enforced.
Any dispute, controversy or claim resulting from the Agreement, concerning the breach, termination or validity thereof, shall be resolved by mutual negotiation between the User and SQUALIO first. If no consensus is achieved within 30 (thirty) days, disputes may be referred for review in court in accordance with the applicable laws and regulations of the Republic of Latvia.
Termination of the Subscription License and Services Available on the Website
If the terms of the Agreement are violated, the Subscription License of the User will automatically expire without a specific SQUALIO statement. In this case, the User shall not be entitled to use the Software in the future.
If after the Agreement has entered into force the User delays payment of the Subscription Price, SQUALIO shall be entitled to suspend access to the Software by:
switching the Software to read-only mode for the next 10 (ten) days with ability to export the User data when the due and delayed Subscription Price payment has been delayed for more than 10 (ten) days;
switching the Software to read-only mode for the next 1 (one) month with ability to export the User data when the due and delayed Subscription Price payment has been delayed for more than 20 (twenty) days.
Each of the parties of the Agreement shall be entitled to unilaterally terminate the Agreement by submitting to the other party a 30 (thirty) days prior written notice.
If this Agreement is terminated, then:
the rights granted by one party to the other will cease immediately;
the User must at all times settle all payment obligations arising hereof and due, especially for supplied Subscription Licenses, as well as settle any other obligations undertaken hereby;
SQUALIO will be entitled to delete User data from SQUALIO systems within a maximum period of 90 (ninety) days, unless applicable legislation or legal process prevents or prohibits it from doing so.
Last updated June 2019