Please read this document carefully before using LEANMONITOR. The use of this software is subject to this user licence agreement, whose terms are accepted during the registration process, or by simply using LEANMONITOR
- LEANMONITOR: This is a SaaS (Software as a Service) computer application, property of IACTIVE INTELLIGENT SOLUTIONS SL (hereinafter IACTIVE) which provides a space for its registered users for the management and implementation of Lean models for Start-ups in your organization.
- CLIENT: Natural person or legal entity procuring the services of a LEANMONITOR plan.
- USER: Natural person accessing LEANMONITOR with a user name and password. The USER may be a CLIENT or he may be authorised by a third party (CLIENT) for the use of LEANMONITOR.
Purpose of procurement
Through the www.leanmonitor.com website, the client procures the use of the computer application known as “LEANMONITOR” for the management and implementation of Lean principles for Start-ups. LEANMONITOR is marketed under the SaaS typology (Software as a Service), and its specific characteristics and functionalities are detailed in the www.leanmonitor.com website, which are known and accepted by the parties. The USER is responsible for possessing the necessary technical elements to access LEANMONITOR (e.g. Computer with internet connection, browser, etc.)
The duration of the contract plans may be one monthly or one year, depending on the type and option selected by the CLIENT. All plans shall be automatically renewed for equal periods. The CLIENT may cancel his / her contract plan at any time. If the plan is cancelled, it will not be automatically renewed at the end of the contract period. The procurement of LEANMONITOR plans executed under specific promotions or offers will have the duration and conditions set out in these promotions.
After the contract period has terminated, the CLIENT AND / OR USER will not be allowed to access LEANMONITOR, cancelling his / her access and eliminating any data or content the CLIENT AND / OR USER may have entered into LEANMONITOR.
The USER shall be responsible for removing or exporting all his / her contents prior to the cancelation of the contract plan. Upon expiry of the subscription period, IACTIVE will proceed to delete all existing data in the user’s account.
All notifications sent to the email address of the USER shall be deemed validly executed.
Access to LEANMONITOR shall be activated once payment by the CLIENT has been verified in the amount established for the procurement of services. Also, LEANMONITOR shall be renewed at the rates and conditions, indicated at that moment in the www.leanmonitor.com website.
IACTIVE reserves the right to make changes or improvements in LEANMONITOR’s characteristics or functionalities in order to maintain the spirit of continuous improvement and development on which the SaaS model is based.
The USER can access LEANMONITOR through the www.leanmonitor.com website. Access to LEANMONITOR is performed under the username and password selected by the USER. LEANMONITOR allows the USER to change his / her access password at any time, therefore the USER shall be solely responsible for its safekeeping and confidentiality. IACTIVE shall not be held responsible for the access to LEANMONITOR by unauthorised persons using the USER’s password.
Guarantees and Liabilities
IACTIVE does not guarantee the uninterrupted or error-free operation of LEANMONITOR. IACTIVE shall not be liable for failures or disruptions that are attributable to third parties or to any of the circumstances described in the legal terms that govern the use of this application. The improvement or maintenance works that will entail an interruption in the use or operation of LEANMONITOR shall be carried out under “Maintenance Works,” and the USER shall be notified at least 24 hours in advance.
The provisions of the preceding paragraph are without prejudice to those situations which, for reasons of urgency or necessity, are to be executed immediately. These situations shall be communicated to the USER at the earliest moment possible.
IACTIVE shall not be liable for losses or damages that the USER may experience as a result of viruses, unavailability or any other anomalous behaviour of LEANMONITOR that is not directly attributable to IACTIVE.
IACTIVE shall not be held liable for the periods of unavailability of LEANMONITOR that are due to force majeure or for unrelated causes or due to LEANMONITOR maintenance work. For merely illustrative purposes, below are some causes that IACTIVE shall not be liable for the failure or unavailability periods of LEANMONITOR:
- All errors and failures caused by the USER, or his / her clients or third parties authorised by the USER.
- Problems caused by factors unrelated to IACTIVE, such as deficiencies in the software or hardware used by the USER, Internet connection failures or slow internet connection.
- Failures, delays or malfunction of services or service levels of third parties unrelated to IACTIVE (Internet service providers, etc.)
- Scheduled maintenance or improvement operations and given with advance notice.
- Errors or damage caused by the interaction of software, applications or any other code sequence, installed or executed by the USER or third parties unrelated to IACTIVE.
- Negligent actions, misuse or configuration errors attributed to the USER.
- Damage caused by force majeure, terrorist attack or natural disaster.
- Malicious third party attacks, execution of malicious software, malware, etc. affecting the procured services, and whose origin is not directly dependent on IACTIVE actions.
IACTIVE shall not be liable for the use of LEANMONITOR by the USER or CLIENT, as well as of the results, processing, operations or decisions arising from the use of LEANMONITOR.
In any case, both parties agree that the responsibility of IACTIVE, for all items as appropriate, shall be limited to a maximum amount equivalent to the plan premium procured by the CLIENT that is harmed. If the CLIENT or USER believes that these amounts do not meet the damages that can arise from the total or partial loss of information or the unavailability of the procured services, he / she must notify IACTIVE beforehand and make a prior statement of the economic value of the contents and information to be entered in LEANMONITOR. Regarding this statement, IACTIVE shall make a personalised offer for procurement which shall include the prices, responsibilities and other personalised conditions for this procurement.
Obligations and responsabilities of the clients and user
- The CLIENT agrees to make payment, in the time and manner prescribed and available on the www.leanmonitor.com website, of the prices stipulated for the procurement of LEANMONITOR. Failure to do so will entail the automatic suspension of access to LEANMONITOR until payment is verified by IACTIVE.
- The USER must immediately notify IACTIVE of any incident or problems arising during the use of LEANMONITOR.
- The USER is responsible for the introduction and control of the documents, data, information and contents hosted in LEANMONITOR.
- The USER agrees to use the services procured in accordance with the normal use of the technique, not using them for illegal purposes under current legislation. Any use is made in contravention of the Law shall constitute a breach of contract by the USER, being objective grounds for the termination of the right to use the application.
- The use of programs or devices able to override the controls or security passwords set by IACTIVE is prohibited, being also prohibited the deactivation of the codes, systems or encryption algorithms or any other security element involved in the processes or services procured, as well as attempt to increase their permissions or privileges, or supplant or circumvent the credentials of any other user.
- The introduction of programs, viruses, macros, applets or any other logical device or character sequence that cause or are likely to cause any type of alteration malicious in computer systems of IACTIVE or of any of its clients is prohibited.
- The USER is prohibited from storing content that violates the rights of intellectual or industrial property of third parties. Failure to meet these obligations (including default) may result in total or partial suspension of access to LEANMONITOR.
- The USER will be responsible for the custody and security of user names and passwords enabled to access LEANMONITOR, and must observe due diligence so that they are not used by unauthorised persons, and shall respond, in all cases, to damages and assuming the responsibilities of any kind that may result from the unauthorised access or use thereof.
- The CLIENT AND / OR USER is responsible for the invitations or authorisations for access to their project sent to third parties. IACTIVE does not assume responsibility in the legal relationships established between the CLIENT, USERS and third parties invited to LEANMONITOR.
Upon the termination of the contract, either by the expiration of the agreed period or by any of the grounds for termination stipulated under this contract, IACTIVE shall cancel the use of the USER to LEANMONITOR and, consequently, cancel access thereto.
LEANMONITOR has security measures, appropriate to the current state of technology and to the nature of the project, in order to ensure the confidentiality, availability and integrity of the information stored in LEANMONITOR. LEANMONITOR has its own system of backup copies that meet the requirements established by the Spanish legislation on privacy. This system will be used when the origin of the loss or deletion of data is due to causes attributable to IACTIVE, or to the incorrect functioning of LEANMONITOR. The backup copies made by IACTIVE do not cover the restoration of data when there is an accidental or intentional deletion by users. Therefore, the USER shall be responsible for having his / her own backup system to ensure recovery of the information stored in LEANMONITOR.
IACTIVE does not guarantee the full recovery of information in the same state in which they were lost due to technological factors that prevent such complete recovery (e.g. Communication latency, frequency of backup copy saves, etc.)
IACTIVE is the copyright and therefore the rightful owner of the intellectual property rights of LEANMONITOR. IACTIVE authorises the CLIENT AND / OR USER access to and use of LEANMONITOR through the lease of such application in a non-exclusive manner and limited to the contract period by the CLIENT, who may access and use the application according to the terms and conditions of the contract plan.
The CLIENT in turn is empowered to authorise the use of the LEANMONITOR to the USER in the terms and conditions stipulated in the contract plan. Outside the terms set forth in your plan, the CLIENT or the USER is authorised to transfer, sell or sublease the application under contract.
The text, images, logos, trademarks, source code and other content which constitute LEANMONITOR are property of IACTIVE, or possess the permit for use and / or exploitation thereof. The documents, data and other information entered by the USER in LEANMONITOR are of ownership and responsibility.
The CLIENT AND / OR USER are prohibited of copying, modifying, decompiling or performing reverse engineering in order to obtain, copy or manipulate the source code of LEANMONITOR, in whole or in part.
Failure to meet these terms will result in the termination of the licence agreement, with the USER assuming liability for damages and losses that may have been caused to IACTIVE, as well as any other LEANMONITOR users.
If IACTIVE detects any unauthorised use of the tool by the CLIENT AND / OR USER, IACTIVE may immediately suspend and revoke the USER’s access to LEANMONITOR.
Causes for termination
This licence, and therefore access to LEANMONITOR, shall be terminated by the non automatic renewal thereof, for the breach by either party of its obligations under these terms, as well as the reasons for termination of obligations and contracts established in Spanish legislation.
Applicable law and jurisdiction
This agreement is subject to Spanish legislation, and in case of dispute or controversy both parties shall submit to the jurisdiction of the courts of the city of Granada (Spain).
These legal terms are dated 09/12/2013 and any modification of the terms will be posted on the www.leanmonitor.com website.