Thine - Responsive Modern HTML Template
Simple Safe Quick
  • Slide
  • Slide
  • Slide
  • Slide


Terms & Conditions

Download as .pdf

This version of Software as a Service Agreement is effective as of May 1st,2016

SOFTWARE AS A SERVICE AGREEMENT

Please read the following terms and conditions carefully. By checking the “accept” option or paying for or using the Service, you accept that these terms and conditions will form a legally binding agreement (“Agreement”) between you and us. Please print or save a copy of this Agreement for your records.

If you do not agree with the terms and conditions below, please leave this website and do not pay for or use the Service. If you do not agree with these terms and conditions, you are not authorized to use the Service for any purpose whatsoever.

If you are an employee, service provider, consultant, contractor or other party who is obtaining the Service on behalf of another person or organization, you represent that you are entitled to obtain the Service on behalf of that person or organization, you will be deemed as authorized representative of such person or organization and you will be deemed to have accepted the terms and conditions of this Agreement on behalf of that person or organization.

§1. AGREEMENT DEFINITIONS

Agreement - means these terms and conditions as well as Service Description;

Business Day - any day which is not a Saturday, Sunday or public holiday in accordance with laws of Poland.

Client - any software, either created by you or any other third party, that uses the functionality provided by Authorization Server to control access to Customer Data, that require authorization and authentication.

Confidential Information – means information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in paragraph 10 of this Agreement.

Customer Data - any data being processed by or on behalf of you in connection with use of the Service, in particular data stored in our data bases.

Users Endpoint - a collection of User Data accessed by the Authorization Server via an http interface specified in the Service Description.

Dummy Users Endpoint - a collection of at most 10 records representing user credentials stored within an Authorization Server. Dummy Users Endpoint may be in particular used during an early stage of development of your software and for trial purposes.

Device - means a device, usually electronic, that processes data according to a set of instructions, which may include but not be limited to workstations, personal computers, laptops, netbooks, tablets, and smartphones.

Documentation - means any documentation provided to you by us (whether electronic or printed) which accompanies the Service.

Maintenance - means collectively Upgrades (where applicable), and standard technical support provided by us to you.

Service Description - means the document published at https://ssqsignon.com/home/service-description.html which details the Service that you have ordered and which forms part of this Agreement.

Service - means the service you are entitled to use (as listed in the Service Description), together with accompanying Software and Documentation.

Software - means any program or data file supplied to you by us or other entities acting on our behalf, including without limitation Upgrades and Updates (if any), including the online software applications provided by us as part of the Service, but excluding third party Software.

Authorization Server - means a set of functionality that provides means for authentication and authorization of users from one Users Endpoint or one Dummy Users Endpoint to an arbitrary set of Clients.

Authorization Server Administration Application - Software provided by us, that enables you the administration of and the control over an Authorization Server.

Fees - our then-current pricing as set forth at https://ssqsignon.com/home/pricing.html, or such other pricing as agreed by the Parties and set forth in an invoice and/or an agreement between the Parties.

we or us - means Piotr Wójcik, conducting business activities under the name Riviera Solutions Piotr Wójck, address: Pamięci Katynia 41/1, 26-600 Radom, Poland, e-mail info@rivierasolutions.pl, and our means belonging to, pertaining to, or engaged by us.

Parties – you and us.

Start Date - means the date that you start to use the Service.

Subscription Period - a period of one (1) month, or such other period as agreed by the Parties and set forth in an invoice and/or an agreement between the Parties.

Term - means the term of this Agreement, as described in paragraph 12 below.

Upgrade - means any enhancement or improvement to the functionality of the Service made available to you by us at our sole discretion from time to time, but excluding any software, services and/or updates marketed, licensed or sold by us as a new version or new release.

User - means an employee, consultant or other individual who uses Service on your behalf.

you - means you as an individual and the company or organization on behalf of which you are using the Service, and your means belonging to, pertaining to, or engaged by you.

Virus – means a thing or device (including any software, code, file or program) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices.

§2. ORDERING PROCESS

  1. In order to use the Service you shall register at https://ssqsignon.com/moduleadmin. You shall provide us with information regarding your e-mail address in order to create an account for use of the Service. If you will order Services that require the payment of Fees, you might be asked to provide us with information regarding credit card, billing address, and other payment related information.
  2. By registering your account you represent and warrant that you are 18 years of age or older and you are fully entitled to enter into an agreement with us. Note that your account may be terminated without warning if we believe that you are less than 18 years of age.
  3. The Service is designed for individuals or legal entities that will use the Service in connection with carrying out their commercial or professional activities. By registering your account you represent and warrant that you will not use the Service for personal purposes, as the Service is not intended to be used by a consumer.
  4. You represent and warrant that all registration information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your user account, as well as for its use and misuse. You will promptly inform us of any need to deactivate a user name or password.

§3. FEES, SUBSCRIPTION PERIOD,  AUTOMATIC RENEWAL

  1. The Services are provided to you for a Subscription Period at Fees, unless you have chosen a plan which is free.
  2. You agree to pay any applicable Fees. We may use a third party service provider to process your payment in connection with your use of the Services. You warrant and represent that you are the valid owner or an authorized user, of the credit card you provide to such third party provider, and that all credit information is accurate. You are fully and solely responsible for the consequences of any breach of the abovementioned provision.
  3. It is important to note that when you sign up to use the Services, your Subscription Period will automatically renew on a monthly basis (or such other renewal period as agreed upon in an invoice/an agreement between the Parties) until you cancel it. You may cancel your Subscription Period at any time by deleting each of yours Authorization Server  through your dashboard after you login to your account at https://ssqsignon.com/moduleadmin/ and the cancellation will take effect at the end of the current Subscription Period subject to the terms and conditions set forth in §12 of this Agreement.
  4. If you do not cancel, then your Subscription Period will automatically renew. 5.    Unless otherwise agreed by the Parties in an invoice/an agreement between the Parties, Fees shall automatically be adjusted upon each renewal of your Subscription Period to our then-current pricing.
  5. We may add new services for additional fees and charges, or amend fees and charges for existing services at any time in our sole discretion, however we shall notify you about such change with a notice of 14 days. Any change to our pricing or payment terms shall become effective in the Subscription Period following effective notice of such change to you as provided in this Agreement.
  6. You may terminate the Service at any time in accordance with § 12 of this Agreement, however, there are no refunds for such termination. In the event that we suspend or terminate your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time or data usage on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
  7. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
  8. If we are unable to charge the Fees due to the causes attributable to you (i.e. your payment data are not accurate), you will be required via e-mail to make the payment immediately, not later than during 14 days. If you do not remit the payment we are entitled to suspend your account and cease the provision of the Services.

§4. COPYRIGHT AND OWNERSHIP

  1. The Service including without limitation all know-how, concepts, and specifications are proprietary products belonging to us and our licensors, and are protected throughout the world by copyright and other intellectual property rights.
  2. No license, right or interest in our logos or trademarks is granted to you under this Agreement and you agree not to remove any product identification or notices of proprietary restrictions.
  3. You acknowledge and agree that you are not entitled to make any modifications to the Service.

§5. RIGHTS AND RESTRICTIONS

  1. Subject to the terms and conditions set forth herein, we hereby grant to you and to the Users (if any) during the applicable Subscription Period, a limited, non-exclusive, non-transferable license, without the right to grant sublicenses, to use the Services.
  2. You are permitted to:
    1. use the Service solely for your internal business purpose, using the methods as described in REST API documentation, which is published at the following address https://ssqsignon.com/home/docs.html, in particular:
      1. use the Service in order to benefit from the Authorization Servers as described in Service Description;
      2. use the Service in order to benefit from authentication and authorization mechanisms in the Authorization Server as described in Service Description;
    2. use the Service in one or more projects performed by you, subject to the fact that the Fees are always calculated per each Authorization Server
    3. use the Authorization Server Admin Application in order to use the Authorization Server specified in Services Description in your projects or use your own client application in order to benefit from Authorization Servers;
    4. transfer your rights under this Agreement on a permanent basis to another person or entity, provided that (i) you transfer all copies of the Software and Documentation; (ii) you uninstall or decommission the Service as applicable; (iii) you provide us with full contact details for the recipient prior to transfer; and (iv) the recipient confirms to us in writing or by e-mail prior to the transfer that the recipient agrees to be bound by the terms and conditions of this Agreement.
  3. You are not permitted to:
    1. modify or translate any part of the Service;
    2. reverse engineer, disassemble or decompile the Software or any part of it, or otherwise attempt to derive or determine the source code or the logic in the Software, except to the extent and for the express purposes authorized by applicable law;
    3. sub-license, rent, sell, lease, distribute or otherwise transfer the Service (in whole or in part) except as permitted under this Agreement unless you obtain a separate license from us for such purpose;
    4. perform any actions that might destabilize or interrupt functioning of the Service or may result in unauthorized access to any data stored or processed in connection with functioning of the Service;
    5. use the Service for the purposes of competing with us, including without limitation competitive intelligence;
    6. abuse or send excessively frequent requests to our Services via the API.
    7. copy, reproduce, adapt, modify or perform any other unauthorized action on Software, Documentation or Service;
    8. access, store, distribute or transmit any Viruses, or any material during the course of  use of the Services that:
      1. is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
      2. facilitates illegal activity;
      3. depicts sexually explicit images;
      4. promotes unlawful violence;
      5. is discriminatory based on race, gender, color, religious belief, sexual orientation, disability, or any other illegal activity; or
      6. causes damage or injury to any person or property;
    and we reserve the right, without liability to you, to disable your access to any material that breaches the provisions of this clause.
  4. You shall:
    1. use all reasonable endeavors to prevent any unauthorized access to, or use of, the Services and/or the Documentation and, in the event of any such unauthorized access or use, promptly notify us;
    2. comply with all applicable laws and regulations with respect to your activities under this Agreement;
    3. provide us with all necessary co-operation in relation to this Agreement;
    4. ensure that the Users use the Service and Documentation in accordance with the terms and conditions of this Agreement and shall be responsible for any User’s breach of this Agreement;
    5. ensure that your network and systems comply with the relevant specifications provided by us from time to time;
    6. be solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centers and all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your network connections or telecommunications links or caused by the Internet;
    7. in case you are using a free plan - provide us with all necessary information as may be required by us to improve the services, including:
      1. information about elements of the Service which run improperly,
      2. information about elements of the Service which seem to be too complicated, unintuitive or not explained clearly enough,
      3. information if efficiency of the Service is sufficient,
      4. information if up-time of the Service is sufficient,
      5. information if the Service is sufficient to your needs,
      6. information about services or elements of the Service which you would like to use in the future.
    8. The rights provided under paragraph 5 are granted to you only, and shall not be considered granted to any of your subsidiary or holding company.
    9. The Service is not fault-tolerant. The Service is not designed or intended for use in any situation where failure or fault of any kind of the Services could lead to death or serious bodily injury of any person, or to severe physical or environmental damage (“High Risk Use”). You are not entitled to use the Service in, or in conjunction with, High Risk Use. High Risk Use is STRICTLY PROHIBITED. High Risk Use includes, for example, the following: aircraft or other modes of human mass transportation, nuclear or chemical facilities, and Class III medical devices under the US laws, in particular Federal Food, Drug, and Cosmetic Act. You agree not to use the Service in, or in connection with, any High Risk Use.

§6. CUSTOMER DATA

  1. You shall own all rights, title and interest in and to all of Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of Customer Data.
  2. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your Customer Data as reasonably necessary for us to provide the Services.
  3. If we will process any personal data on your behalf when performing our obligations under this Agreement, you shall be the data controller and we shall be a data processor in any such case.
  4. You acknowledge and agree that the personal data may be transferred or stored outside the EEA or the country where you and Users are located in order to carry out the Services and our other obligations under this Agreement.
  5. You shall ensure that you are entitled to transfer the relevant personal data to us so that we may lawfully use, process and transfer the personal data in accordance with this Agreement on your behalf.
  6. You shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation.
  7. We shall process the personal data only in accordance with the terms of this Agreement and any lawful instructions reasonably given by you from time to time.
  8. Each party shall take appropriate technical and organizational measures against unauthorized or unlawful processing of the personal data or its accidental loss, destruction or damage.

§7. LIABILITY

  1. The site, content, Software, Documentation or Services are provided “as is”, without warranty or condition of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement. We make no warranty that the site, content, Software, Documentation or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any products, services, or information purchased or obtained through the site, content, Software, Documentation or Services, or the accuracy, timeliness, truthfulness, completeness or reliability of any information obtained through the site, content, Software, Documentation or Services. No advice or information, whether oral or written, obtained from us or through the site, content, Software, Documentation or Services, will create any warranty not expressly made herein.
  2. We do not warrant that your use of Service will be uninterrupted or error-free; nor that Service, Documentation and/or the information obtained by you through Service will meet your requirements and we are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the Internet, and you acknowledge that Service and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
  3. This Agreement shall not prevent us from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.
  4. This paragraph 7 sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of:
    1. any breach of this Agreement;
    2. any use made by you of the Services and Documentation or any part of them;
    3. any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
  5. Except as expressly and specifically provided in this Agreement:
    1. you assume sole responsibility for results obtained from your use of the Services and the Documentation, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you by us in connection with the Service, or any actions taken by us at your direction;
    2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute law are, to the fullest extent permitted by applicable law, excluded from this Agreement;
    3. the Service, Software and the Documentation are provided to you on an "as is" and “as available” basis.
  6. Nothing in this Agreement excludes our liability for fraud or fraudulent misrepresentation.
  7. Subject to §7 item 5 and §7 item 6:
    1. to the fullest extent permitted by applicable law we shall not be liable whether in tort (including negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this Agreement;
    2. To the maximum fullest extent permitted by applicable law, neither us nor any other party involved in creating, producing, or delivering the site, content, Software, Documentation or Services will be liable for any incidental, special, consequential or punitive damages resulting from your access to or use of, or inability to access or use, the site, content, Software, Documentation or Services, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that we are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, we will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the Services.
    3. our total aggregate liability to you for any and all claims arising from the use of the site, content, Software, Documentation or Services, in particular in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to the amount you have paid to us in the Subscription Period on which the damage has occurred. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.
  8. To the extent permitted by applicable law, any warranties by our suppliers (including Microsoft Corporation, or its affiliates as appropriate) and any liability by our suppliers (including Microsoft, its affiliates and suppliers) for any damages, whether direct, indirect, or consequential, arising from the use of the Service shall be disclaimed.

§8. MAINTENANCE

  1. Depending on availability of our technical support team members, you might be able to receive Maintenance during the Term.
  2. If you require technical support, you should send your request to the following address: support@ssqsignon.com.
  3. We will make our best endeavours to support the Users during the process of using the Services, however we reserve the right to limit the number of Users who may contact our technical support team.
  4. You acknowledge and agree that no support in connection with the use of Service shall be provided by our suppliers, including Microsoft Corporation, its affiliates and suppliers.

§9. PROPRIETARY RIGHTS

You acknowledge and agree that we and/or our licensors own all intellectual property rights in Service and Documentation. Except as expressly stated herein, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of Service or Documentation.

§10. CONFIDENTIALITY

  1. Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party's Confidential Information shall not be deemed to include information that:
    1. is or becomes publicly known other than through any act or omission of the receiving party;
    2. was in the other party's lawful possession before the disclosure;
    3. is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
    4. is independently developed by the receiving party, which independent development can be shown by written evidence; or
    5. is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.
  2. Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement.
  3. Each party shall take all reasonable steps to ensure that the other's Confidential Information to which it has access is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement.
  4. Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party, subject to the fact that the party has not breached this Agreement.
  5. You acknowledge that details of Service, Documentation and Software as well as the results of any performance tests of Service and Software, constitute our Confidential Information.
  6. This paragraph 10 shall survive termination of this Agreement.

§11. INDEMNITY

You shall defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of Service and/or Documentation, provided that:

  1. you are given prompt notice of any such claim;
  2. we provide reasonable co-operation to you in the defense and settlement of such claim, at your expense; and
  3. you are given sole authority to defend or settle the claim.

§12. TERM AND TERMINATION

  1. This Agreement shall commence on the Start Date and shall continue until terminated by either party as set forth herein, unless otherwise terminated in accordance with the provisions of this Agreement.
  2. The terms and conditions relating to our liability, intellectual property and confidential information shall survive termination of this Agreement for any reason.
  3. Without prejudice to any other rights or remedies to which we may be entitled, we may terminate this Agreement without liability to you if you commit a breach of any of the terms of this Agreement.
  4. You may terminate this Agreement at any time by:
    1. termination notice sent to us by e-mail into following address termination@ssqsignon.com.
    2. deleting all your Authorization Servers.
  5. In case you will not delete your Authorization Servers and Customer Data before sending us termination note, we shall delete it not later than during 7 Business Days after receiving your termination note.
  6. In case of termination of this Agreement:
    1. all licenses granted under this Agreement shall immediately terminate;
    2. you must cease to use the Service,
    3. you must delete all copies of the Software and Documentation,
    4. you must remove all Service settings from your servers and Devices,
    5. you must remove all of your custom settings, software and data from our servers.
    6. you shall immediately pay us all fees dues through and including the effective date of termination
  7. We may terminate this Agreement, without penalty or liability, at any time, for any or no reason, upon sixty (60) days written notice to you. You agree that we will not be liable to you or any other party for any termination of your access to the services in accordance with this Agreement.

§13. FORCE MAJEURE

We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party cooperating with us), failure of an utility service or transport or telecommunications network, natural phenomena, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the you are notified of such an event and its expected duration.

§14. WAIVER

  1. A waiver of any right under this Agreement is only effective if it is in writing and it applies only to the party to whom the waiver is addressed and to the circumstances for which it is given.
  2. Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.

§15. SEVERANCE

  1. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
  2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.

§16. ENTIRE AGREEMENT

  1. This Agreement, and any documents referred to in it, constitute the whole Agreement between the Parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
  2. You acknowledge and agree that in entering into this Agreement you do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.

§17. ASSIGNMENT

You shall not, without our prior written consent charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement, subject to the condition that you may transfer all the rights or obligations under this Agreement in accordance with §5 item 2 point 4 of this Agreement.

We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.

§18. NO PARTNERSHIP OR AGENCY

Nothing in this Agreement is intended to or shall operate to create a partnership between the Parties, or authorize either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

§19. NOTICES

  1. Except as expressly and specifically provided in this Agreement, any notice required to be given under this Agreement shall be in writing and shall be delivered by hand or sent by pre-paid first-class post or recorded delivery post to the other party at its address set out in this Agreement, or such other address as may have been notified by that party for such purposes.
  2. A notice delivered by hand shall be deemed to have been received when delivered.

§20. GOVERNING LAW AND JURISDICTION

  1. This Agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with the law of Poland.
  2. The Parties irrevocably agree that the courts of Poland have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

This Agreement has been entered into on the date of checking the “accept” option or using the Service.