Section 1 – Scope
These Terms of Service (“Terms”) establish a Contractual Agreement between “Kariera SA”, a company registered under the Laws of Greece, having its registered office at 4 Kastorias and Messinias Str., Palini, Attica, Greece, with commercial registration no. 005366801000 (“Provider” or “we” or “us”) and you which accepts these Terms (“Customer” or “you”). The Provider and the Customer are individually referred to as the “Party” and collectively as “Parties”. These Terms regulate the contractual relationship between the Provider and the Customer, as well as the rules to which the access and use by the Customer of the cloud-based HR management software of the Provider named “k.people Human Resource Management Software” (the “Platform” or the “Software”) offered on a Software-as-a-Service basis, through the domain https://www.kpeople.io and its subdomain https://people.kariera.gr is governed. Access to the Platform by the Customer or whoever uses the Platform implies the acceptance of all conditions included in this document and the Data Processing Agreement which is hereby incorporated by reference. These Terms also apply to free trials in accordance with Section 8.
If the Customer purchases or subscribes for additional services, such services will be provided on the basis of a separate offerand specific additional terms may apply to the use of those Additional Services (the “Additional Terms”), which (Additional Terms) become part of these Terms. In the event an Additional Term directly conflicts with any term in these Terms, the Additional Term will apply to the use of the Additional Services instead of the term contained in these Terms.
If you sign up for the use of the Platform on behalf of the Customer, you confirm that (a) you are duly authorized to represent the legal entity under which the Customer operates and any affiliates of the Customer who will be using the Service under the Customer, (b) you accept the terms of this Agreement on behalf of such legal entity and affiliates, and (c) any references to “Customer” or “you” in this Agreement refer to such legal entity, affiliates and all of the employees, consultants and agents of those respective parties.
Section 2 – Platform and Platform functionalities
The functional scope and the description of the selected version of the Platform is available at the Pricing Policy of the Provider. Provider always reserves the right to administer and update the Platform functionalities in accordance with Section 11.
The Customer can choose between one or more of the available versions of the Platform with the respective service modules/functionalities.
Customer shall appoint one or more of its employees as authorized users of the selected version(s) of the Platform (each of them the “User” and collectively the “Users”). Customer is solely responsible for the appropriate and lawful usage of the Platform by all Users appointed by the Customer, (as applicable). Customer hereby releases Provider from any liability related to or arisen from the unlawful direct or indirect usage of the Platform by any User.
Customer acknowledges that Provider may use third-party service providers for some or all of the operations that make available the Platform.
Along with the use of the Platform, Provider also offers storage space for the information provided, inputted, or uploaded to the Customer account in the Platform by the Customer or on its behalf (the “Customer Data”) or required for the use of the Platform and, if applicable, support services to the Customer against payment of the agreed fee by the Customer to the Provider.
Section 3 –Access and Security
After registration, Customer can access the Platform via the area “My Account” using its email address and the password chosen.Customer must choose a sufficiently secure password known only to the Customer. The access data, including the password, must be treated as confidential by the Customer and the Customer shall ensure that are not made available to unauthorized third parties. Subject to the module(s) purchased, additional Users appointed by the Customer may be granted access to the Platform.
If Customer chooses to access the Platform through Google account authentication and verification, Google’s own terms and conditions may also apply. Similarly, if Customer elects to sign in through its Microsoft account, Microsoft’s terms and conditions may also apply.
The Platform and Customer Data are backed up on the server regularly, at least daily. Backups are stored for 30 calendar days (see also section 6, para 2.3). The Customer has no claim to the provision of a particular server for its sole use. With separation of the Customer Data files within the scope of the server’s performance, the Provider may allow a large number of customers to use the server simultaneously.
The Provider shall maintain commercially reasonable administrative, physical, and technical safeguards for protection of the Platform, and the security of the Customer Data. The Provider shall not (a) disclose the Customer Data except as compelled by Applicable Law or as the Customer expressly authorizes in writing, or (b) access the Customer Data except to provide the Platform and prevent or address service or technical problems, or at the Customer’s express request in connection with customer support matters. In the event the Provider is compelled by Applicable Law to disclose the Customer Data, the Provider will provide you with notice thereof, (in advance, if possible) if permitted by Applicable Law.
You are solely responsible for Customer Data, and all uses of Customer Data that occur through your account.
Section 4 – Usage Rights; Restrictions; Availability of the Platform
Subject to and conditioned upon the Customer’s continuous and full compliance with the Terms, Provider grants Customer and its Users, during the term of these Terms, a limited, revocable, non-transferable, non-sublicensable, non-exclusive right to access and use the Platform and all modifications and/or enhancements of the Platform, for the Customer’s internal business use. Nothing in this Agreement obligates the Provider to deliver or make available any copies of computer programs or code from the Platform to you, whether in object code or source code form. You agree to use the Platform, only in compliance with Applicable Law. You shall not, and shall not agree to, and shall not authorize, encourage or permit any third party to use the Platform:
to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, fraudulent, obscene, threatening, abusive, hateful, contains viruses, or is otherwise objectionable, as reasonably determined by the Provider;
for any fraudulent or inappropriate purpose, or in a manner for which it is not intended to be used, as reasonably determined by the Provider;
to attempt to decipher, decompile, delete, alter or reverse engineer any of the Platform’s software;
to duplicate, make derivative works of, reproduce or exploit any part of the Platform without the express written permission of the Provider;
with any robot, spider, other automated device, or manual process to monitor or copy any content from the Platform other than copying or exporting of the Customer Data as contemplated in the documentation; or
to rent, lease, distribute, or resell the Platform; or
access or use the Platform’s software for developing a competitive solution (or contract with a third party to do so); or
remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary legends or other notices or markings that are on or in the Platform or displayed in connection with the Platform.
The Provider shall:
provide you with basic support in connection with your use of the Platform at no additional charge, and with upgraded support if purchased separately. Provider’s hours for basic support are company’s business hours and support will be available via the contact information (email addresses and telephone numbers) provided on its website;
use commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week, except for:
(i) planned downtime: Provider is entitled to arrange scheduled unavailability of the Platform for updates, maintenance, data backup and other work required on the Platform. Such scheduled unavailability will be announced via the Platform or as otherwise the Provider deems appropriate, within reasonable time prior the scheduled unavailability of the Platform and it will be scheduled at low-traffic times. Prior notice by Provider is not required for urgently needed work, e.g. to close security loopholes or to maintain functionality. During the scheduled unavailability, Customer shall have no legal claim to use the Platform. Should Customer use the Platform during the scheduled period of unavailability, however, it shall have no claim for defect liability or compensation in the event of a reduction in or suspension of services provided by the Platform.
(ii) any unavailability caused by circumstances beyond Provider’s reasonable control, including, but not limited to, acts of God, acts of government, floods, fires, earthquakes, pandemics, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), internet service provider failures or delays, or denial of service attacks, or
(iii) as necessary to update the Platform to ensure its security and integrity.
Section 5 – Duration- Subscription – Cancellation of Subscription
These Terms will remain in effect for as long as you have an active subscription (either on a free trial or on a paid subscription basis) for the Platform (the “Term”).
Subscriptions purchased by Customer commence on the start date specified when the Customer completes the initial payment process and continue for the subscription term selected at the time of payment. If Customer adds an additional subscription for a new module at a later date, the new module will commence on the start date specified at the time Customer added the new module and shall continue for the subscription term selected at that time.
Customer may cancel its subscription to the Platform at any time. If Customer cancels its subscription, the Customer will be able to use the Platform through the end of the free trial or the paid subscription period (the “Effective date of cancellation”). Any payments already made to Provider are not refundable and Provider does not provide refunds or credits for any partial-month subscription periods. To cancel your subscription, go to the subscription section of your account settings.
The Provider may suspend your access to the Platform and terminate your use of the Platform at any time in the event you materially breach these Terms (including failure to pay, which may occur if your credit card cannot be charged) and you do not cure such breach within 30 days of the Provider providing you with written notice of such breach (including notice by email), or earlier if a specific subscription or Additional Terms provide otherwise. Notwithstanding the foregoing, the Provider may immediately suspend or terminate your access to the Platform without liability if you are in violation of Section 4(1) of these Terms, as reasonably determined by the Provider. The Provider may also downgrade, suspend or terminate your access to the Platform without liability, after providing you with 30 days’ advance written notice, if you fail to affirmatively agree to material modifications of these Terms pursuant to Section 11 below. Written notice from the Provider will be sent to you at the email address you have provided to the Provider.
The Provider reserves the right to manage its client profile, the risks it will assume, the industries it will serve, and the locations where it will do business, including choosing to not provide services to certain groups, parties, industries, companies, or in certain countries, in its sole discretion.
In case of cancellation of Customer’s subscription, Customer has the ability to download the Customer Data any time prior to the Effective date of cancellation. On the Effective date of cancellation the Customer Data will be permanently deleted by Provider without further notice to Customer and without any liability of the Provider for the deletion of such data. Notwithstanding the above, Provider may keep some anonymized or statistical information for benchmarking, research and/or improvement of the Platform.
Section 6 – Your obligations as a Customer
Customer agrees that it shall: comply with and conform to any reasonable instructions, directions, protocols and standards issued by Provider, its employees, representatives or affiliates, from time to timein respect of the access and/or use of the Platform; and
when using the Platform, comply with all applicable laws and regulations, including but not being limited to the Data Protection Laws and respect the intellectual and industrial property rights owned by Provider.
In addition, Customer acknowledges and accepts that it is solely responsible and liable for:
all access to, use of and the activity of its Users in the Platform, and its Users’ compliance with these Terms, including any misuse of its username and password and any damage caused by such misuse;
the establishment, maintenance and monitoring of adequate internal security measures in connection with the accessing and use of the Platform by Customer and Customer’s Users including without limitation ensuring the confidentiality and safe storage of all User login details, usernames and passwords and not using obvious passwords and updating them regularly. Customer shall immediately notify Provider if it suspects a breach of its internal security measures (e.g. the unauthorised use of any login details, usernames and/or passwords) and it shall comply with Provider’s instructions and take all steps required by Provider at Customer’s cost to rectify any such security issue;
regularly saving, storing, maintaining and backing up the Customer Data creating its own backup copies by download in order to enable reconstruction of the data and information in the event of their loss and ensuring the Platform includes the functionality to assist Customer in backing-up the Customer Data;
ensuring that all Customer Data uploaded by Customer or its Users or by Provider on its behalf is accurate and up to date and is compliant with all applicable laws and regulations; and
ensuring that any security level set for any Customer Data (whether by Provider or Customer is appropriate). Customer acknowledges and agrees that: its right to use the Platform is personal to Customer and may not be assigned, sub-licensed, sold, resold, transferred, distributed or otherwise disposed of or commercially exploited in any way, including by way of charge, lien or other encumbrance;
use of the Platform for commercial purposes is prohibited, unless such use has been previously expressly permitted by Provider in writing. Unauthorized commercial use shall include, in particular, all offers and applications of paid content, services and/or products, both its own and that of third parties, all offers and applications and the execution of activities with a commercial background such as competitions, prize draws, bartering, advertisements or pyramid systems.
Provider has the right to connect to and access Customer Data for the purposes of providing the Platform to Customer (including without limitation for maintenance and technical purposes);
Provider does not owe to Customer and its Users or any third party any obligation to monitor, check or review the legality, validity or accuracy of any Customer Data;
Provider reserves the right to restrict or suspend Customer’s access to the Platform if Customer does not respect these Terms (including payment provisions) or if it makes unfair, unlawful or unreasonable use of the Platform following notification and the granting of the period of time to remedy the breach by the Customer set out in Section 5(4) above. Should Customer continue to infringe or repeatedly infringe the above regulations despite a corresponding reminder from Provider and if it is responsible for this, Provider may terminate the Terms extraordinarily without observing a notice period. Further claims on the part of the Provider shall remain unaffected. Customer will pay any fee and other such charges for its use of the Platform in accordance with Section 7; the use of the Platform is entirely at Customer’s own risk; and Customer is solely responsible for Customer Data and all uses of Customer Data that occur through its account. Customer agrees that shall not (and it will ensure that its Users, employees, representatives and affiliates shall not): permit any third-party, other than its Users, to access or use the Platform or otherwise violate or circumvent any use limitations or restrictions set forth in these Terms or the Platform; use the Platform or any materials provided by Provider to carry out any benchmarking exercise with a third-party product or service; create internet links to or from, or frame or mirror any part of the Platform; or modify another website so as to falsely imply that it is associated with the Platform or the Provider; circumvent, disable or otherwise interfere with the security features of the Platform, or interfere with, disrupt or create an undue burden on the Platform or any networks or services connected to the Platform; cheat, defraud or deceive Provider, especially in any attempt to learn sensitive account information, such as passwords of other customers, or impersonate another customer or person or use the username of another customer; misuse Provider’s support services or make false reports of abuse or misconduct; sell, share or otherwise transfer its profile or credentials; use the Platform to: (a) send spam, duplicative or unsolicited messages in violation of applicable laws and/or regulations; (b) send or store material that violates the rights of a third-party; (c) send or store material containing viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (d) in a way that interferes with or disrupts the integrity, security, availability or performance of the Platform;(e) harass, intimidate, threaten to harass, abuse or harm another person and (f) for any other illegal or unlawful purpose, including infringing third-party Intellectual Property Rights. Section 7 – Price & Payment Terms The prices applicable at the time of subscription to the Platform can be found at the Customer’s Pricing Policy. If you wish to obtain a customized quotation, please contact Provider.These prices, unless expressly stated otherwise, do not include the costs of any other Additional Services.
The Provider may at any time, upon notice within reasonable time or as otherwise required by Applicable Law, change the price of your subscription or any part thereof, or institute new charges or fees. If you have prepaid your month-to-month or annual subscription service, price changes and institution of new charges implemented after your prepayment will go into effect for your next monthly or annual subscription term after the 90 days’ notice and the updated fees will be subtracted from your prepayment. If you do not agree to any such price changes, then you must cancel your subscription and stop using the Platform prior to the commencement of the renewal subscription period for which the price change applies.
Unless explicitly indicated otherwise, all prices are in USD and exclusive of all taxes or duties imposed by governing authorities. Other than sales taxes which the Provider may be required to collect from you and remit to appropriate taxing authorities, you are solely responsible for payment of all such taxes or duties, as well as for payment of any banking/transaction costs and any additional credit or debit charges that may incur due to the transaction. YOUR SUBSCRIPTION TO THE PLATFORM RENEWS AUTOMATICALLY ON A MONTH-TO-MONTH OR ANNUAL BASIS (DEPENDING ON YOUR SUBSCRIPTION PLAN). IF YOU ARE PAYING BY CREDIT CARD, YOUR CREDIT CARD WILL BE CHARGED IN ACCORDANCE WITH PROVIDER’S PRICING POLICY. The Provider will email you a receipt when your card has been charged. If your card cannot be charged, the Provider will notify you and you will need to update your payment information. In the event you do not update your payment information within 30 days of the Provider’s notice, your access to the Platform may be suspended and you will need to update your card information in order to resume use of the Platform. There will be no refunds or credits for partial months of access to the Platform. When registering to the Platform, Customer will have to provide a Payment Method by opting one of the payment methods offered by Provider’s appointed partner that are available on the Platform and described in Provider’s Pricing Policy. Provider shall reserve the right to exclude certain methods of payment depending on the region or otherwise.
In order to secure the payments through the Customer’s credit/debit cards, the Provider collaborates with certified payment service providers operating according to the provisions of the relevant legislation. The Provider does not store the data inserted by the Customer in relation to the number of the card or the card security code verifying the authenticity of the card (for example CVV/VISA or CVC/MC). The payment service provider collaborating with the Provider controls the data inserted and informs electronically the Provider, for the approval or the rejection of the transaction. The price for the selected version of the Platform will be charged on a monthly or annual basis (depending on your subscription plan) to your preferred Payment Method on the calendar day corresponding to the day on which you started using the Platform.
Notwithstanding the foregoing, in the event that Customer fails to pay or if a payment is not successfully settled, due to for example expiration of Customer’s Payment Method or insufficient funds, and the Customer does not cure such breach within 30 days of the Provider’s written notice of such breach (including notice by email) Provider may at its sole discretion suspend Customer’s access to the Platform and/or terminate the relationship in whole or in part, without liability and without prejudice to its right to reclaim all amounts owed by Customer, as the case may be.
When Customer updates its Payment Method, any previously uncollected amounts will be charged to its new Payment Method. A change of Payment Method may also result in a change of the activation date of the Platform; thus on the date the Customer will be charged.
The issuer of Customer’s Payment Method may charge Customer certain fees, such as a foreign transaction fee relating to the processing of its Payment Method. Customer should check with its Payment Method service provider for details before using a Payment Method.
Section 8 – Free Trials of the Platform
The Customer may choose to test the Platform for a period of up to 60 calendar days from the time of the activation of the Platform until the earlier of (a) the end of the free trial period for which the Customer signed up, or (b) the start date of the paid subscription to the Platform. Any use of the Platform during a free trial shall be subject to these Terms to the extent applicable.
At the end of the free trial period, Customer may purchase additional modules not included in the free trial. Please note that any Customer Data entered into the Platform during the free trial and any customizations made during the free trial will be permanently lost unless prior to the end of the free trial (a) a paid subscription to the Platform is purchased, or (b) such Customer Data is exported. In either case, Provider is not responsible for the loss of any Customer Data because of Customer’s failure to export such data prior to the end of the free trial.
Regarding the application of charges at the end of Customer’s free trial period, the following shall apply: (a) if Customer has provided its credit card details upon registration to the Platform or until the end of the free trial period, Provider will charge Customer’s credit card for the next month or year (depending on the Customer’s subscription plan) with the monthly/annual price for the purchased version(s) of the Platform and the respective modules, unless Customer terminates its subscription prior to the end of its free trial period (b) if Customer has not provided its credit card details until the end of the free trial period, its access to the Platform will be automatically restricted and Customer Data will be deleted at the end of the free trial period. (c) if Customer has not provided its credit card details until the end of the free trial period but does provide its credit card details within [90] days after the termination of the free trial it will be charged for the next month or year according to the pricelist of the subscription plan selected at the commencement of the free trial for the selected version(s) of the Platform and the respective modules. The monthly/yearly price for the modules of the Platform is available at the Customer’s Pricing Policy. Customer may be informed of the end date of its free trial or paid subscription period, through the billing section available at Customer’s account.
Provider may, in its sole discretion, determine Customer’s eligibility for a free trial and withdraw or modify a free trial at any time without prior notice and with no liability, to the maximum extent permitted by Applicable Law.
Section 9 – Intellectual Property – Data protection and Confidentiality
As between the Parties, the Provider owns and shall retain all right, title and interest in and to the Platform including all intellectual property rights therein.
You retain all right, title and ownership interest in and to Customer Data. The Provider has no right, title or interest in any personally identifiable information contained in or related to Customer Data. If you are a consultant to the client of the Provider and provide services to such client that include or involve accessing and/or using the Customer Data, you acknowledge that you do not own or have any rights or interests in the Customer Data except as authorized by the client of the Provider and that such client is the owner of the Customer Data in the Platform. You further acknowledge and agree that the Provider may follow the instructions of the customer regarding the Customer Data including removing your access to the Customer Data and/or reassigning your roles and permissions related to the Customer Data.
By accepting these Terms, the Parties also enter into the Data Processing Agreement (hereinafter, the “DPA”), which regulates the obligations regarding the protection of personal data that Provider has with its customers and that comply with the legal obligations in this area. The DPA forms an inseparable part of these Terms and regulates the processing of personal data of Customer by Provider, as Data Processor, on behalf of Customer, as Data Controller. Provider takes the privacy of its customers seriously, and therefore undertakes to use the information provided by the Customer in accordance with the terms contained in the said DPA (when acting as data processor), as may be amended from time to time.
The Parties undertake to keep reserved and confidential the existence and content of all documentation and information that is provided, transmitted or disclosed by signing the Terms or during the use of the Platform regardless of the method, form or support used (“Confidential Information”), undertaking not to make any disclosure to third parties or public communication without the prior written authorization of the other Party. Confidential information is information expressly designated as confidential by the Party providing the information and information, the confidentiality of which is clear from the circumstances of its transfer. The Customer Data in particular shall be treated confidentially by the Provider, should it become aware of such data. Excluded from this is the transfer or disclosure of confidential information due to judicial or government orders and due to prior consent to the specific transfer by the other Party.
In enunciating but not limiting way, it will be understood as Confidential Information the information referring the Parties’ existence, structure, promotion and sales plans, source codes and object of computer programs, systems, techniques, inventions, processes , patents, trademarks, registered designs, copyrights, know-how, trade names, technical and non-technical data, drawings, sketches, financial data, plans relating to new products, data relating to customers or potential customers, data relating to employees or potential employees as well as any other information disclosed or used within the scope of the Terms.
No confidential information shall be deemed to exist if the Party receiving the information demonstrates that the information was known to it or generally available to it prior to the date of receipt; was known to the public or publicly available prior to the date of receipt; became known to or generally available to the public after the date of receipt without the Party providing the information being responsible for this.
Provider shall be entitled to publish the name, logo and activity of Customer as well as the type of activity exclusively for its own reference purposes, for example on websites operated by the Provider, insofar as Customer does not object to this in writing. In the event of an objection by Customer, Provider shall immediately remove the reference. Public statements by the Parties regarding their cooperation shall otherwise be made only by prior mutual written agreement.
To the extent Customer provides any suggestions, enhancement requests, recommendations, comments, or other feedback (“Feedback”) about the Platform, to Provider, the Feedback will not be considered confidential or proprietary, and Provider may use and include any such Feedback to improve the Platform, or for any other purpose. Accordingly, Customer agrees that Provider shall own all such Feedback, and Provider and its affiliates, licensees, clients, partners, third-party providers and other authorized entities may freely use, reproduce, license, distribute, and otherwise commercialize the Feedback, and Customer hereby assigns all rights in such Feedback to Provider.
The obligation of confidentiality will subsist for five (5) years after the resolution, for any reason, of the contractual relationship between the Parties, without generating any type of compensation.
The breach of the obligation of confidentiality assumed in the Terms or the return of the Confidential Information established above, will entitle any of the Parties to claim the full amount of the damages that such breach would have generated.
Section 10 – Integrations
The Platform facilitates data exchange with third party systems (hereinafter, “Integrations”). All such integrations are provided at the sole risk of such third parties or third party providers. The scope of the service provided by these and the instructions necessary to configure the integration will be provided on the Platform as well as on the website of the third-party provider.
Third-party integrations do not constitute services provided by the Provider. The scope of the service, the prices, the term and any other terms of use for the provision of the integration, including support, are based on the terms and conditions of use and privacy policies that regulate the contractual relationship between the Customer and the third-party supplier. The Provider does not assume any responsibility or guarantee for third-party integrations.
Please read these terms and conditions of use and privacy policies to know how they collect and treat your personal data and other relevant information.
If you integrate with the Platform using our API, you must use efficient programming, which will not cause an excessive number of requests to be made in too short a period of time, as-determined solely by the Provider. If this occurs, the Provider reserves the right to throttle your API connections or suspend or terminate your account in the Platform.
Section 11 – Modification
Provider reserves the right to modify these Terms and/or the Platform to adapt them to any changes or new regulations, for technical reasons, for changes in the services offered by Provider or for strategic decisions of the Provider on a temporary or permanent basis, without liability to Customer or any third party.
In these cases, the changes and effectiveness will be communicated by email, with reasonable notice, and from that moment will begin to take full effect. If Customer does not agree to the changes, it must stop using the Platform, not having any other remedy.
Note, however, the use of the Platform by Customer after modifications to the Terms and/ or the Platform become effective constitutes its binding acceptance of such changes. The most current version of these Terms is available at the Platform.
Section 12 – Warranties and Limitation of Liability
Limited Warranty. The Provider represents, warrants, and covenants that the Provider: (a) will make every commercially reasonable effort so as the Platform to operate in conformity with the specifications provided by the Provider in connection with the Platform; (b) will not sell Customer Data or other information provided by you, and it will retain, disclose, or use Customer Data and other information (if any) provided by you only to the extent necessary for you to access and use the Platform; and (c) will provide its services to you in a manner consistent with general industry standards and professional procedures reasonably applicable to the provision thereof . WARRANTY DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR THE LIMITED WARRANTIES PROVIDED ABOVE, THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS. THE PROVIDER HEREBY MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS OR TIMELINESS WITH RESPECT TO THE PLATFORM AND/OR ANY ANCILLARY SERVICES PROVIDED THEREOF. THE PROVIDER DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR UNINTERRUPTED. LIMITATION OF LIABILITY. NOTHING WILL EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR: (I) DEATH OR PERSONAL INJURY; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; (III) A PARTY’S VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR (IV) ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED UNDER APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF THIS AGREEMENT, AND (B) THE AGGREGATE LIABILITY OF EITHER PARTY TO THE OTHER WITH RESPECT TO THIS AGREEMENT IS LIMITED, TO THE AMOUNT PAID BY YOU PURSUANT TO THIS AGREEMENT IN THE TWELVE MONTHS PRECEDING THE EVENT FROM WHICH THE LIABILITY AROSE.
Section 13 – Indemnification
Customer agrees to fully indemnify, defend and hold harmless Provider, its employees, officers, directors representatives, agents and affiliates, against any and all claims, costs and expenses (including reasonable attorneys’ fees), losses and other liabilities (including amounts paid in settlement) which Provider may incur resulting from Customer’s and/or Users’ acts or omissions in respect of the Platform, including (without limitation) Customer’s and/or Users’ use of the Platform and/or Customer’s breach of any of its obligations under these Terms including, but not being limited to, those claims arising out of a third-party claim alleging that Customer’s collection or use of Customer Data or Customer’s and/or Users’ use of the Platform in breach of these Terms infringes the rights of, or has caused harm to, a third-party, or violates the applicable law in the jurisdiction(s) in which Customer uses the Platform.
Section 14 – Jurisdiction and applicable law
The Terms are governed by Greek Law (the “Applicable Law”). In the event that a part of it is invalid or void for any reason, this will not affect the remaining provisions of the Terms that will remain valid. To resolve any doubt or divergence that may arise between the Parties with respect to compliance or interpretation of the clauses of the Terms, both parties, by mutual agreement, submit to the jurisdiction and competence of the Courts of the city of Athens, with it renounces its own jurisdiction if it is different.
Section 15 – Compliance with Laws; Disclaimer
Each Party shall comply with all applicable laws in connection with its own activities under these Terms. The Customer is solely responsible to ensure that the Customer and the Users use the Platform in compliance with and in accordance with the applicable laws in the jurisdiction(s) in which the Customer and the Users use the Platform. In no event shall the Provider be responsible or liable for the Customer’s or the Users’ failure to comply with applicable laws in connection with the use of the Platform and/or the Customer Data. The Provider does not provide you with legal advice regarding compliance, data privacy or any other relevant applicable laws in the jurisdiction(s) in which you use the Platform, and any statements made by the Provider to you are made for information purposes only and shall not constitute legal advice. You acknowledge that: a) The Provider exercises no control over your specific human resource practices implemented while using the Platform or your decisions as to employment, promotion, advancement, termination, notification, or compensation of any of your employees. b) The Provider does not have a direct relationship with your employees and that you are responsible for all contact, questions, Customer Data updates and collection, with and from your employees. In addition, you are responsible for the privacy (including adopting and posting -if necessary- your own privacy policies governing your treatment of your employees’ (personal) data), collection, use, retention and processing of Customer Data, and providing any and all notices and information to your employees regarding the foregoing, in compliance with all applicable laws.