Terms and ConditionsLast updated: May 7, 2019
1. Terms used- PRODUCT, SITE: any reference to the websites www.vivatask.com, app.vivatask.com, or to the VIVATASK mobile apps (GooglePlay or AppleStore)
- PROVIDER: SC StartQ Software SRL, CUI 15305534, J05/343/2003, located in Oradea, Bihor County, Romania, Henri Coandă 1, PB30/17, Postal Code 410228
- BENEFICIARY: any customer who uses this PRODUCT
2. The rights and obligations of the parties2.1. Obligations of the BENEFICIARY
a) The BENEFICIARY is bound to use the PRODUCT only for the purpose for which it was created by the PROVIDER.
b) The BENEFICIARY is bound to use the services of PRODUCT only for the activity in his/her company. The use of the BENEFICIARY's account by third parties is forbidden.
c) The BENEFICIARY undertakes to notify the PROVIDER of any errors discovered in the PRODUCT.
2.2. Obligations of the PROVIDER
a) The PROVIDER offers the PRODUCT with all the related technical support.
b) The PROVIDER undertakes to ensure the BENEFICIARY's uninterrupted access to the PRODUCT's services (except for situations beyond its control), to act in good faith and to take all diligence in carrying out its duties.
c) The PROVIDER has no right to the information submitted by the BENEFICIARY and undertakes not to disclose such data without the BENEFICIARY's acceptance.
2.3. Rights of the BENEFICIARY
The BENEFICIARY is entitled to use the PRODUCT for any volume of data deemed necessary within the limits of its available credits.
2.4. Rights of the PROVIDER
The PROVIDER has the right to prohibit the BENEFICIARY from entering information that is inconsistent with the applicable laws and affects the good functioning of the PRODUCT.
3. Credit package value and payment3.1. Upon registration, the BENEFICIARY receives 30 credits which will expire after 30 days. Upon their expiration, if there are no other purchased credits, the BENEFICIARY can receive a package of 10 credits for free.
3.2. After purchasing a credit package, the PROVIDER issues the BENEFICIARY an invoice with the value of the purchased services.
3.3. Purchased credit packages are added to the already existing ones. Once purchased, credits can not be refunded. Credit packages expire after 30 days, except for promotional packages. Credits that are not used until the end of their validity period will be lost.
4. Contractual liability4.1. The PROVIDER does not bear any legal liability for the information and content added by the BENEFICIARY. All rights to the information and content added by the BENEFICIARY belong to him / her.
4.2. The PROVIDER is not responsible for any information that has not reached the BENEFICIARY, if it is not due to error or lack of diligence on the part of the PROVIDER.
4.3. The BENEFICIARY reserves all rights to the information and content added.
5. Confidentiality5.1. The PROVIDER undertakes not to disclose to any person or entity any facts, data or confidential information regarding the BENEFICIARY's clients, operations and activities, and any information that may harm the interests or prestige of the BENEFICIARY or a client thereof.
5.2. The PROVIDER undertakes to ensure the fulfillment of the obligations stipulated by its representatives, employees or collaborators. The PROVIDER undertakes not to allow access to the BENEFICIARY's databases and other sources of confidential information other than to those charged with the development of the PRODUCT and only to the extent that access to such information sources is necessary for the fulfillment of their duties.
6. Contract terminationThis contract is valid as long as the BENEFICIARY holds valid credits.
7. Governing Law7.1. By using this PRODUCT the BENEFICIARY agrees that the applicable laws of Romania, without regard of principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between the BENEFICIARY and the PROVIDER.
7.2. Any litigation that may arise having as its object these Terms and Conditions will be solved amiably, and in case an amiable settlement cannot be reached, the litigation will be brought in front of an arbitrator. In case the two sides do not agree on naming an arbitrator in 15 days from the time of notification, jurisdiction will be given to the Romanian courts at the premises of the PROVIDER.
8. Final provisions8.1. This contract may be modified by the PROVIDER without prior notice.
8.2. Any notice to the PROVIDER must be sent electronically to: firstname.lastname@example.org.