GENERAL TERMS OF USER LICENSE – TERMS OF TECHNICAL SUPPORT/UPGRADE-UPDATE CONTRACT – TERMS OF SALE

1. The websites www.dataconsulting.gr and https://www.vortexsuite.com (hereinafter the “websites”), have been created by the company “G. & TH. KOURIS OE” with the distinctive title “DATACONSULTING” (hereinafter the “COMPANY”), for the provision of information on the services provided by the Company to the visitors/users of the websites.
2. The visitor/user of the website is obliged to read these terms of use carefully before using the website and, in case of disagreement, must refrain from using/visiting the website. Otherwise it shall be presumed that the user unreservedly accepts and agrees to comply with them.
3. The visitor/user is prohibited from altering or falsifying these terms and any specific terms that apply to the use of the services. In the event that the use of any service of the website is governed by specific terms of use, said specific terms shall be applicable in conjunction with these general terms. In case of conflict, the specific terms of each service shall prevail.
4. The COMPANY may at any time suspend the operation of the website temporarily and modify the terms and conditions, and each time the users/visitors shall be required to check for any modifications and, if they continue using the website, it shall be alleged that they accept the modified terms and conditions. Otherwise, they shall refrain from using/visiting the website.

DEFINITIONS

COMPANY: KOURIS G. & TH. OE / DATACONSULTING

SOFTWARE: Any program or application provided by DATA CONSULTING and in particular the following programs: VORTEX FSM, VORTEX CRM, VORTEX CM, VORTEX PM. It should be pointed out that the SOFTWARE has been designed and is intended for businessmen and companies for their professional and commercial use, and not for private use.

Software: Any program or application that runs or shall run on your device.

Device: Any kind of computer, tablet, mobile phone and in general any electronic or non-electronic device.

TECHNICAL SUPPORT/UPGRADE-UPDATE CONTRACT: An additional service beyond the user license for which a contract is concluded between the user and the COMPANY, with a separate fee for the provision of technical support services and for any SOFTWARE upgrades or updates.

SOFTWARE LICENSE: The SOFTWARE license shall not include the provision of technical support services, any upgrades-updates or the training of the user. The SOFTWARE license may be granted for a limited or perpetual term based on a subscription model or it may be purchased by payment of the respective sale price for the perpetual use of the SOFTWARE.

CLIENT: The COMPANY’s contracting party with which a SOFTWARE LICENSE agreement or Technical Support contract has been concluded and which has satisfied all of its financial obligations to the COMPANY. Any restrictions and obligations applying to the CLIENT shall also apply to its agents and fulfilment assistants for whose errors the CLIENT is jointly and severally liable, being accountable for them to the COMPANY.

1. SOFTWARE LICENSING

The COMPANY grants the SOFTWARE LICENSE that shall be chosen by the CLIENT subject to the inviolable condition to comply with these terms of use and with any specific written agreement to be concluded between both parties for a specified time period against a fee (subscription) or indefinitely should a sales contract be concluded for the perpetual use of the SOFTWARE, as well as with the protection policies as they are published on the COMPANY’S official website. The SOFTWARE shall be used only by the CLIENT and only at his headquarters and at his service points or branches, provided that he does not exceed the designated number of users and electronic devices. The SOFTWARE shall always be provided in the latest version that is available at the time the agreement with the CLIENT is being drafted.

1.1 INSTALLATION AND USE

The CLIENT may install and use one licensed copy of the SOFTWARE on a device upon being granted a certified user code per device by the COMPANY or, in case of a multi-user contract, a certified code. The existence of a valid and fully-paid SOFTWARE license agreement is a prerequisite for this. Prior to the installation of the SOFTWARE, the CLIENT shall be obliged to create backups of his files and software to avoid any loss or damages to the software and the personal or non-personal data that is recorded on the device. The COMPANY shall not be liable for any losses or corruption of the CLIENT’S files or data nor the malfunction of his software during the installation and use of the SOFTWARE. The COMPANY cannot guarantee that the SOFTWARE or any future upgrades-updates shall be compatible with the particular software used by the CLIENT or with any program or software that the latter may use or will use in the future. Therefore, it is recommended that the CLIENT examines the compatibility of the software he owns or will own in relation to the SOFTWARE. The granting of the SOFTWARE license agreement does not entail the obligation for the COMPANY to train the CLIENT and end user on the functions and operation of the SOFTWARE. If the CLIENT wishes to be provided with the relevant training, they must conclude an additional agreement with the COMPANY.

1.2 MANDATORY ACTIVATION – USER VERIFICATION

The CLIENT acknowledges and accepts the fact that there are technological measures and mechanisms inside the SOFTWARE which operate continuously in order to prevent its use by unauthorized or unidentified users. The CLIENT and any user shall not be authorized to use the SOFTWARE unless they have legally obtained the certified SOFTWARE license. The installation of the SOFTWARE or the installation of any new HARDWARE or SOFTWARE or the modification thereof, may require reactivation of the SOFTWARE. The COMPANY shall use protective measures to consistently confirm that the CLIENT holds a legitimate SOFTWARE license; otherwise the installation of the SOFTWARE or its future updates or its use in any way shall not be permitted. It is expressly agreed that during this process the COMPANY is allowed to collect information from the CLIENT’S device for such purposes, as well as to deactivate the license; in such case, any fee paid for the SOFTWARE shall not be refunded and shall be imposed as a penalty premium, as set out in condition 5 of these terms.

2. TECHNICAL SUPPORT & UPGRADES-UPDATES

The technical maintenance and upgrade or update of the SOFTWARE shall only be carried out subject to the existence of a valid and fully-paid technical support/upgrade-update contract.

2.1 UPGRADES & UPDATES

This includes the provision of updates & upgrades whose installation shall be carried out under the due care of the CLIENT, unless there is a contrary agreement with the COMPANY. It is expressly noted that any subsequent changes to the CLIENT’s network or software/applications, the electronic devices or their network that may possibly affect the operation of the SOFTWARE due to incompatibility or malfunction does not oblige the COMPANY to change the SOFTWARE or to provide additional support.

To be upgraded, the SOFTWARE must, on the one hand, be legally licensed and, on the other, be qualified by the COMPANY as eligible for the upgrade or update. In case there have been other upgrades or updates of the SOFTWARE version for which a license was granted, the CLIENT must successively install all previous upgrades or updates until the latest one, given that every upgrade process is connected with the previous one. In such case, the CLIENT may be required to pay a fee for the previous upgrades in order for the SOFTWARE to be updated to the latest version. In any case, the upgrades or updates may be installed only when there is an active and fully paid technical support contract with the COMPANY. After being upgraded or updated, the original SOFTWARE which was eligible for the upgrade or update may no longer be used, except as part of the upgraded or updated SOFTWARE.

Prior to any upgrade-update or any action or intervention on behalf of the COMPANY for technical support purposes, the CLIENT must, on his own initiative and responsibility, perform a back up of all database and device data, as during these processes/actions the COMPANY shall be working on the SOFTWARE and shall not be liable for any malfunction or damage.  As part of this upgrade-update/technical support service, the CLIENT must not perform any work on the SOFTWARE as it may not be executed or saved properly or may be delayed and hinder the upgrade-update/technical support process.

The COMPANY shall not be liable for any damage suffered by the CLIENT from the use or inability to use the SOFTWARE, delays during its use, failure in using its functions for any reason whatsoever, and informs the CLIENT that the ability to run the SOFTWARE may be affected by the networks used by the CLIENT to connect to the Internet, and shall bear no responsibility for the quality of these services.

2.2 TECHNICAL SUPPORT

Technical support shall be provided online or by telephone. If a COMPANY technician needs to visit the CLIENT’S headquarters, then this will be done following prior agreement with the COMPANY and by applying the appropriate time charges. If the CLIENT has a reliable and valid technical support contract, he may need to, in the framework of the online support, allow any device of the COMPANY and its collaborators to access and use the legally installed copy of the SOFTWARE, solely for the purpose of providing the technical support and upgrade-update services. 

Technical support may be performed online or by phone from Monday through Friday (excluding the week of the 15th of August of each calendar year and any official holidays) during business hours, i.e. from 9 pm  to 5 pm, via the COMPANY’S call centre or email, as displayed on the official website, during which answers and information relating to the SOFTWARE’s operation shall be provided and any malfunctions shall be resolved. In addition, the intervention of a COMPANY technician shall be enabled through a relevant online application which will allow the technician to access the respective certified device in which the SOFTWARE has been installed. The days and hours during which support shall be provided may be extended through the conclusion of an additional contract along with an extra fee charged to the CLIENT, following a written agreement with the COMPANY. For the technical support service to be provided, the CLIENT’s device must be connected to the Internet and already have an appropriate remote connection program as determined by the COMPANY.

A prerequisite for the provision of services by the COMPANY is for the CLIENT to concurrently ensure that his electronic device is actively connected to the Internet and that he has an active phone line. The COMPANY has exclusive right over the maintenance, repair, inspection and intervention to the SOFTWARE. Any intervention to the SOFTWARE by a third party, other than those authorized by the COMPANY, entitles the COMPANY to terminate the contract in accordance with the provisions set out in Article 5 of these terms and conditions. The COMPANY undertakes to provide technical support for the specific certified electronic devices in which the SOFTWARE will be installed and not to all electronic devices or third devices or future ones that may be acquired by the CLIENT.

Furthermore, the CLIENT must immediately inform the COMPANY by email and phone (concurrently) for any problem that may arise, so that the COMPANY may instantly take all necessary measures to resolve and prevent the damage from spreading.

2.3 LIMITATIONS

1. a) The COMPANY and its collaborators are not required and shall not interfere with the operation of other software programs installed in the device of the CLIENT nor with its HARDWARE, nor shall they interfere in general with any third-party software relating to the SOFTWARE of the COMPANY.
2. b) The technical support service for the SOFTWARE may also be provided exceptionally by the COMPANY’s authorized collaborators and only for the devices for which a technical support contract has been concluded. Any third party intervention is defined as malpractice and constitutes a breach of contract, releasing the COMPANY from any obligation to provide technical support/upgrade-update services in the future. In addition, it allows the COMPANY to terminate its contract with the CLIENT without the CLIENT being entitled to the prepaid contract fee remaining until the expiry of the contract which shall be imposed as a penalty premium, and which the CLIENT shall accept as fair and reasonable.
3. c) The CLIENT shall ensure that the terms of use for the SOFTWARE are rightly applied and that the use of the equipment by an untrained operator is avoided, failing which the COMPANY assumes no responsibility for any damage or malfunction which may be caused, whose resolution shall only be made based on the above hourly charge with a minimum charge of one hour (regardless of whether it is resolved remotely or by dispatching a company technician on site) – it should also be noted that after the 60 minutes have passed a second hour is charged and so on. During the on site visit by the COMPANY’s technician, a report shall be drafted on the intervention and the identification of problems encountered on the SOFTWARE and the causes thereof, which must be signed by an authorized employee or manager of the CLIENT.

 2.4 SOFTWARE DEMONSTRATION

The CLIENT, following the demonstration of the SOFTWARE, and upon agreeing to collaborate with the COMPANY, shall be deemed to acknowledge and agree that the SOFTWARE is entirely to his satisfaction and that it has been demonstrated as being fully operational according to the needs of his business, and that during the demonstration the computer system or network of the CLIENT proved to be compatible with the above software/applications and that the existing software/applications meet the standards set by the COMPANY for those programs/applications. Furthermore, it shall be presumed that, following the demonstration of the SOFTWARE, the CLIENT acknowledges that the maintenance-technical support process for the aforementioned programs is adequate and performed in accordance with the specifications of the CLIENT.

3. CONTRACT DURATION

Unless a written agreement states otherwise, the duration of both the SUBSCRIPTION LICENSE and the TECHNICAL SUPPORT/UPGRADE-UPDATE contracts shall, in accordance with these terms, run for one year, and shall be renewed annually unless one of the parties (CLIENT or COMPANY) declares in writing via e-mail, at least 15 calendar days prior to the scheduled expiration of the contract or one-year term, that it does not wish to pursue the cooperation agreement. A prerequisite for the renewal of each contract is the advance payment-settlement of the fee prior to the start of the following year of renewal, otherwise the COMPANY shall not be required to provide any service to the CLIENT and may discontinue all actions unilaterally, even without formal notice to the CLIENT, as defined in Article 5 hereof.                     

4. FEE PAYMENT

The agreed fee, whether for the SUBSCRIPTION LICENSE or the TECHNICAL SUPPORT/UPGRADE-UPDATE contract shall, unless a specific written contract between the COMPANY and the CLIENT states otherwise, be paid annually and in advance to the designated bank account(s) of the COMPANY and the proof of payment shall be sent to the email address of the COMPANY notifying the accounting department to issue the relevant tax document. Similarly, in the case of a verbal or written agreement for a perpetual SOFTWARE LICENSE, i.e. a sales contract offering an indefinite period of use of the SOFTWARE, the fee shall be paid in advance to the designated bank account(s) of the COMPANY and the proof of payment shall be sent by email to the COMPANY to notify the accounting department to issue the relevant tax document. The respective tax document of the COMPANY shall be sent by the COMPANY to the CLIENT via email or by post, in order to be signed by the legal representative of the CLIENT alongside their name and the stamp of the COMPANY and shall then be sent back to the COMPANY by the CLIENT. The COMPANY shall not be required and will not accept securities as payment, which, if and insofar as there is a specific written agreement with respect to their issuance, shall always serve as a promissory note and shall be contingent upon their payment.

Where the provisions of this clause are infringed, the COMPANY shall be entitled to denounce the contract in writing via email to the above email address of the CLIENT, and to suspend the provision of all services unilaterally, even without formal notice, by express and irrevocable order given herein by the CLIENT to the COMPANY, in line with the interests of the COMPANY (according to article 713 et seq. and 724 of the Greek Civil Code). Furthermore, in the above cases, the balance of the designated fee until the expiration of the contract shall become immediately payable by the COMPANY as a fair, reasonable and adequate penalty premium, as acknowledged by both parties.

The COMPANY shall enjoy these rights also in the event of non-payment or of periodical payments, for one invoice in the case of credit, even with the delay of a single payment (or in the case of securities, when timely payment is not ensured even for one of them on the due date).  The COMPANY shall maintain the above rights also in the case of a verbal or written agreement for a perpetual SOFTWARE LICENSE, i.e. a sales contract offering an indefinite period of use of the SOFTWARE, in the event that the designated fee is not duly paid within the time prescribed, in which case the COMPANY shall suspend the operation of the SOFTWARE, locking all of the CLIENT’s codes unilaterally, even without formal notice, by express and irrevocable order given herein by the CLIENT to the COMPANY, in line with the interests of the COMPANY (according to article 713 et seq. and 724 of the Greek Civil Code). Furthermore, in the above cases, the balance of the designated invoiced fee shall be immediately payable by the COMPANY. The COMPANY shall be able to reactivate the CLIENT’s user codes once all claims to the CLIENT, including interest, legal costs, enforcement costs, Court fees, etc., have been fully and completely paid for. Furthermore, the CLIENT agrees to pay, as an additional penalty, the outstanding and due amount owed to the COMPANY on the date on which the user codes shall be locked.  

5. CONTRACT TERMINATION

In the case of infringement of these terms and conditions, all of which are considered to be substantial, as well as in the event of the non-timely and non-punctual payment of the designated fee of any contract to the COMPANY, the COMPANY shall be entitled to denounce the contract in writing, via fax or email to the official email address of the CLIENT, without granting any period, as well as to suspend/revoke the operation of the SOFTWARE and all maintenance/upgrade-update and technical support services, by express and irrevocable order given herein by the CLIENT to the COMPANY, in line with the interests of the COMPANY (according to article 713 et seq. and 724 of the Greek Civil Code), but not the database (SQL), without assuming any responsibility for the data entered by the CLIENT in the SOFTWARE. In such case, the balance of the fee due until the end of the period indicated in the invoice that may have already been issued by the COMPANY to the CLIENT shall be payable to the COMPANY as fair, reasonable and adequate penalty premium, as acknowledged by both contracting parties, and shall not be claimed by the CLIENT, without however excluding any further compensation claims for the unconventional conduct of the CLIENT, including the incidental, consequential or non-pecuniary damage of the COMPANY, as well as any recourse to the competent Civil or Criminal Courts.

In the event that the COMPANY decides to disable the SOFTWARE, then all CLIENT data and information shall remain on the CLIENT’s database server.

Alternatively, however, the COMPANY may, without terminating its contract with the CLIENT, and at its sole discretion, if any of the terms of this contract or the terms of use are violated, or if the fee has not been fully and completely paid by the due date, request that the unconventional conduct be stopped and a deadline be set for the CLIENT. In this context and throughout this deadline, the COMPANY shall refrain from providing any maintenance and technical support services to the SOFTWARE in its entirety, shall suspend the license and the operation of the SOFTWARE and shall lock-render it inoperative by the CLIENT unilaterally, by express and irrevocable order given herein by the CLIENT to the COMPANY, in line with the interests of the COMPANY (according to article 713 et seq. and 724 of the Greek Civil Code), without being liable for the data that the CLIENT has entered into the SOFTWARE nor for any kind of damage or loss suffered by the CLIENT. The above period shall not justify a fee reduction for the CLIENT as it will have resulted from his own fault. The obligation to pay the agreed fee in such case remains in effect as the CLIENT finds himself in arrears.

In the case of a perpetual license, i.e. a sales contract for the indefinite use of the SOFTWARE, should any of these terms and conditions, all of which are considered to be substantial, especially articles 4, 5, 6 and 7 thereof, be infringed, the COMPANY shall be entitled to exercise all legal rights before the competent Administrative Authorities and the competent Civil and Criminal Courts. In addition, the COMPANY shall be entitled to demand the suspension of the SOFTWARE’s operation, and to lock all of the CLIENT’s codes, unilaterally and even without formal notice, by express and irrevocable order given herein by the CLIENT to the COMPANY, in line with the interests of the COMPANY (according to article 713 et seq. and 724 of the Greek Civil Code). In such case, the fee that has already been paid shall be deducted as a fair, reasonable and adequate penalty premium.

6. TRADEMARKS – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The CLIENT acknowledges that the SOFTWARE is copyrighted by the COMPANY, and that its trademarks are protected by the laws and international regulations/agreements on trademarks, intellectual and industrial property and on unfair competition, as well as by the law on trademarks and the related international conventions and regulations. The COMPANY owns the title, the copyrights and other intellectual property rights, moral rights or royalties on the SOFTWARE (with the exception, obviously, of any open license software, e.g. Google Maps).

 The reproduction, copy, use or distribution of the SOFTWARE, in whole or in part, without the prior written permission of the COMPANY, constitutes a criminal offence and gives rise to claims for compensation from the copyrights holder and particularly for any non-pecuniary damage and incidental or consequential damage.  The reproduction, republication, creation of derivative work, loading, transmission or any other use of the SOFTWARE or its contents, in any manner or means, for commercial or other purposes, shall only be allowed with the prior written consent of the COMPANY.

The SOFTWARE is NEVER sold; on the contrary only a license for use is granted and even if said license is sold it concerns the SOFTWARE license and not the SOFTWARE itself. The SOFTWARE license agreement or technical support contract shall not confer any right on the intellectual property or the trademarks of the COMPANY. The license for use/the right to technical support and the upgrades-updates of the SOFTWARE may not be granted in whole or in part by any person other than the COMPANY and its certified collaborators. Therefore, since the COMPANY only grants a license for the use of the SOFTWARE, not all persons shall be allowed to copy, reproduce, transmit, distribute and modify the licensed copy of the SOFTWARE or its documents/libraries, in whole or in part.  The CLIENT acknowledges that the concept and methodology, the assembly and the architecture of the SOFTWARE is, in part or in whole, the exclusive property of the COMPANY along with the trademarks or distinctive titles, images, graphics, photographs, designs, texts, etc. It shall be prohibited to upload or download or modify all or part of the SOFTWARE or to post from any device or website, internet, other than the posts made by the COMPANY and its collaborators.  The reproduction, republication, creation of derivative work, loading, transmission or any other use of the SOFTWARE or its contents, in any manner or means, for commercial or other purposes, shall be allowed only with the prior written consent of the COMPANY. Uploading the SOFTWARE online, in whole or in part, without the permission of the COMPANY bearing the copyright, or modifying or creating a derivative work of the SOFTWARE without the written permission of COMPANY, is prohibited.

The SOFTWARE license shall be granted exclusively to the CLIENT and for the agreed number of devices and may not be sold, resold, granted, leased, loaned, subleased or offered with or without compensation and generally transferred-assigned to a third natural or legal person. The direct or indirect transfer, assignment with or without compensation, access and/or use of the SOFTWARE to a third natural or legal person, is generally prohibited. It shall be prohibited for any third party to benefit directly or indirectly from the use or operation of the SOFTWARE. The SOFTWARE may not be used as a good for trade between the CLIENT and any third party. Furthermore, its use shall be limited by the singular character of its installation, unless a specific written agreement states otherwise. The CLIENT shall not be allowed to copy, modify and generally interfere in any way with the SOFTWARE, the processes of the application or its libraries as well as with the forms provided to him by the COMPANY.

The CLIENT must immediately and without delay inform the COMPANY whenever he loses ownership of the SOFTWARE illegally, such as in the event of theft, concealment, stolen SOFTWARE, hacking etc. or legally, such as in the event of confiscation, forced or preventive seizure, escrow, etc. The CLIENT shall be required, whenever there is a risk for any reason whatsoever of losing physical control over the electronic devices in which the above SOFTWARE is installed by the CLIENT, even upon realizing that he has begun to lose control over the computers from malware, a virus, a third person unauthorized by the user, or a hacker, he must immediately inform the COMPANY so it can lock and disable the SOFTWARE remotely when the CLIENT is informed that there is a risk of permanent loss over the above devices or leakage of personal data or theft of its intellectual property and their intellectual and moral rights.

The CLIENT acknowledges that the trademarks, logos, trade name and other configurations, symbols and distinctive features of the COMPANY and the SOFTWARE that he has the possibility of using, as the case may be, under the contract between the two parties and in connection with the use of the SOFTWARE, are and shall remain the exclusive property of the COMPANY and that the right to use these trademarks, the trade name and the rest of the symbols that have come to the knowledge of the CLIENT and its agents or fulfilment assistants under this contract may never be considered as a license granted by the COMPANY for their use.

The CLIENT acknowledges that he must adhere to procedures and take the necessary protective measures to prevent any of the aforementioned irregular actions affecting the COMPANY and the SOFTWARE, and shall be jointly and severally liable with his agents and fulfilment assistants for any incidental, consequential or non-pecuniary damage to the COMPANY. The CLIENT acknowledges that the violation of the above, in addition to constituting a tort, may also be a criminal offence, and in any case shall give rise to claims by the COMPANY for any non-pecuniary, incidental and consequential damage.  

7. RESTRICTIONS ON USE. The CLIENT may not reverse engineer, copy or disassemble the SOFTWARE, nor copy or access the source code in any way or create a derivative work thereof. Furthermore, the CLIENT shall not be allowed to copy or interfere with the architecture, form or design of the SOFTWARE nor perform reverse engineering and decompilation thereof. The CLIENT may not intervene in any way in the SOFTWARE or alter the processes and programs or create derivative works from all or part of the SOFTWARE by any means or develop similar software using the SOFTWARE as a model or in any other way, without the written consent of the COMPANY or use its trademarks or distinctive features and functions in any manner whatsoever.

The sale, resale, granting of licenses, rental, lease, loan or value transfer of the templates or libraries of the SOFTWARE shall not be permitted. The distribution of the templates or libraries that are available through online services shall not be permitted as part of any product or service. Copying or publishing the templates provided through online services in any network computer or transmitting them in any medium shall not be permitted.

8. DATA USE AGREEMENT

 It is agreed that the COMPANY and its collaborators may collect and use technical information collected as part of the support services provided, if any, with respect to the SOFTWARE. The COMPANY may use this information solely to improve its products or to provide customized services or technologies, and shall not disclose this information in a manner that personally identifies the CLIENT.

9. LINKS TO THIRD-PARTY WEBSITES

 The COMPANY shall not be liable for the contents of any third-party sites or services, or associated programs (e.g. Google Maps), for any third-party links contained in third-party websites or services, or for any changes or updates to third-party sites or services. The COMPANY shall provide these links as well as access to third-party sites and services for convenience purposes only and the inclusion of any link or access does not imply that the COMPANY endorses or recommends said third-party site or service.

10. SEPARATION OF COMPONENTS

The SOFTWARE is licensed as a single product. Its modules may not be separated or transferred separately for use in more than one device, but only as an overall product.

11. VALIDITY

These terms of use are the entire agreement between the CLIENT or the User and the COMPANY in relation to the SOFTWARE and the LICENSE as well as any UPGRADE-UPDATE/TECHNICAL SUPPORT SERVICES (if any) and shall supersede all prior or current oral or written communications, proposals and representations with respect to the SOFTWARE or previous outdated terms or any other subject matter covered by these terms. To the extent that these terms conflict with a written agreement between the CLIENT and the COMPANY then the written agreement shall override due to its more specific nature. These terms of use may be modified and only the latest version of those posted on the website of the COMPANY shall apply and govern the relations between the CLIENT or the User and the COMPANY. If any provision of these terms is considered void, voidable, unenforceable or unlawful, the remaining provisions shall continue to apply.

12. SOFTWARE CONFIGURATION – DAILY BACKUP
    The SOFTWARE is developed and marketed as a general-purpose software, not for a specific function of the User/CLIENT, and the latter acknowledges and accepts that no software is ERROR-FREE or MALFUNCTION-FREE. Therefore, no warranty can be given. The COMPANY recommends performing a daily backup of the files and data of the CLIENT. In any case, the COMPANY and its collaborators shall make reasonable efforts and demonstrate diligence in resolving any problematic issues, provided that the CLIENT has an active and fully-paid support contract with the COMPANY. It is expressly stipulated that the SOFTWARE, once it has been configured according to the needs of the CLIENT, by defining at least one parameter, or if even a small part of the files and applications of the CLIENT is integrated, in accordance with the instructions and specifications of the CLIENT, then the SOFTWARE shall be considered customized and may not be returned nor may the right of withdrawal be exercised. It should also be pointed out that the SOFTWARE has been developed and is addressed to businessmen and companies for their professional and commercial use, not for private use.

In any case, as the SOFTWARE shall be delivered to the CLIENT online along with a customized user code, it is stipulated that the right of withdrawal shall not apply to the CLIENT.

13. DISCLAIMER. The COMPANY shall be exempt from any responsibility or obligation to refund the fee or in general from any obligation to pay compensation in the below cases which include but are not limited to the following:
14. a) When the SOFTWARE is not compatible with the operating software, the network and the programs of the device or fails to meet the standards set by the COMPANY for the SOFTWARE. To this end, prior to contracting with the COMPANY, the CLIENT must, under his own care and responsibility, look into the compatibility of the SOFTWARE with its operating software and applications.

 The COMPANY shall not be liable for the functionality and efficiency of the CLIENT’s software, a fortiori if the CLIENT has not installed a genuine software or the SOFTWARE or if the equipment in his device is defective. The SOFTWARE and the additional technical support/upgrade-update service may not always be compatible with the software and the HARDWARE of the CLIENT’s device. The COMPANY may not modify the SOFTWARE and its maintenance or upgrades-updates in order to comply with the particular software that is being used. It should be pointed out that any subsequent changes to the CLIENT’s network, software/applications, electronic devices or network thereof by the User may affect the operation of the SOFTWARE for reasons of incompatibility or malfunction. This shall not entail an obligation for the COMPANY to change the SOFTWARE or to provide additional support and shall not, a fortiori, enable the User to make any claim.

1. b) The CLIENT shall be required, for safety reasons, to create backup copies of all the files/data/software in his device prior to the installation of the SOFTWARE or the installation of any of its upgrades or updates and to save/create backup copies of all files/data even before the provision of the online technical support by the COMPANY. Moreover, the respective CLIENT/User is advised to save and create backup copies of all files/data of the SOFTWARE on a daily basis. The COMPANY shall not be liable for any damage or alteration or destruction or failure to transfer any files or data or software already installed on the device of the CLIENT.

During the installation or upgrade-update process of the SOFTWARE, the COMPANY shall not be held liable for any discrepancy or damage or loss of any kind incurred in the files or the software by any person performing the file transfer.

1. c) The COMPANY cannot guarantee and shall not be held responsible/accountable for the protection or restoration of the SOFTWARE in case of a virus or malware or hacker intrusion nor for any other illegal activity in relation to the SOFTWARE and in general for any malicious third-party act. Therefore, it is recommended that the CLIENT take the necessary measures to protect his devices and his software in general (including the SOFTWARE). The COMPANY shall not be liable for the above cases under this article for any incidental or consequential damage, non-material damage, loss, etc. The COMPANY shall be exempt in any case of violation of the license or registration code of the CLIENT as a legitimate user of the SOFTWARE or in case of theft of any file/data stored in the SOFTWARE and its templates/libraries.

The CLIENT is solely responsible for the security, protection and backup of his own data, personal or otherwise, and any kind of file, as well as any other data, software or services used in relation to the SOFTWARE.

1. d) The SOFTWARE may be used to store/record/create a profile or to edit sensitive personal data or specific categories of personal data. Therefore, if such data is entered by the CLIENT into the templates/libraries of the SOFTWARE, all necessary means and policies must be used in order to prevent a security breach and the subsequent violation of personal data or records of its activities. Furthermore, the CLIENT must be aware that prior to any processing of third-party personal data he must obtain their consent. The CLIENT shall be solely responsible for the retention and protection of personal data or data of activities and IN GENERAL FOR THE FILES entered into the SOFTWARE. The CLIENT must ensure the real-time monitoring of any intervention by the collaborators or agents of the COMPANY on the SOFTWARE and immediately suspend any unauthorized/non-approved access. The COMPANY is bound by a confidentiality clause only for its staff. The collaborators or agents of the COMPANY may refuse to provide technical support/upgrading services and assistance, without infringing the concluded contract and the present license, should they assume that the CLIENT does not comply with the above conditions. The COMPANY binds its staff and collaborators by confidentiality agreements; it cannot however assume any responsibility or detect any malicious act by any third party other than its legitimate representatives.
2. e) The CLIENT is solely responsible for recording/ entering/ transferring/ retaining/ deleting any data or files on his device and in the SOFTWARE. The CLIENT is solely responsible for the Data/files and the information entered into the SOFTWARE, including for their correctness and completeness, as well as for exporting and keeping a copy of the Data entered into the SOFTWARE or for deleting them using the appropriate tools.
3. f) Any intervention in the SOFTWARE by any unauthorized person constitutes malpractice by the user and exempts the COMPANY from any liability, redress or guarantee.
4. g) The COMPANY implements security technologies and processes to protect against any unauthorized access to the SOFTWARE or its illegal use. The COMPANY cannot guarantee the success of these technologies and processes, and shall bear no responsibility in case of damage to the CLIENT caused by loss, alteration, destruction of Data or any malfunction for which the COMPANY is not at fault or which results from errors or security system failures or malicious third-party acts. The CLIENT is solely responsible for the security, protection and backup of his Data, as well as of any other data, software or services used in relation to the SOFTWARE. The continuous and uninterrupted use of a reliable anti-virus, anti-malware and other such software, is an obligation on the CLIENT and a prerequisite for the safe operation of the SOFTWARE and the protection of the data entered therein. The CLIENT is solely responsible for the security, protection and backup of his Data, as well as of any other data, software or services used in relation to the SOFTWARE.
5. h) The COMPANY is not liable for any damage to the PCs or peripheral devices or the power supply, environmental conditions, voltage fluctuations or in general for any disruptions to the power supplied to the CLIENT.
6. i) It is acknowledged that, through the SOFTWARE, use may be made of open license software (e.g. Google maps), for whose use or operation the COMPANY assumes no responsibility.
7. j) The COMPANY shall be exempt from any responsibility in case of attempted theft of the SOFTWARE’s security codes or interference with the SOFTWARE in accordance with the terms of the intellectual property agreement.
8. k) The COMPANY shall assume no responsibility for any kind of difference that occurs in the files, wherever it results from, nor when it has modified or added or removed the software used by the CLIENT upon his request.
9. DELIVERY OF DOCUMENTS – COMMUNICATION BETWEEN THE PARTIES

It is expressly agreed herein that any document that is addressed to either contacting party shall be sent via email to the email address appearing on the official website of each party or by post or shall served by a bailiff to their headquarters or any of their branches. Any communication and correspondence between the COMPANY and the CLIENT shall be conducted exclusively in Greek or in English, excluding any another language.

15. LIMITATION OF LIABILITY

Should the COMPANY be held accountable for any loss/damage to the CLIENT or third contracting parties of the CLIENT and be required to indemnify the CLIENT, then a limitation of liability clause is hereby defined of up to the amount corresponding to the annual technical support/upgrade-update contract of the particular client for any cumulative compensation claim for incidental, consequential or non-pecuniary damages, or fine by the Authorities (thereby defined as a contractual limitation of liability clause, otherwise this term shall apply as an exemption or remission term) that shall correspond to the extent to which the COMPANY is liable for the damage caused to third parties.

16. WRITTEN MODIFICATION

The terms contained in this document are unique in the same manner as the conditions and commitments contained herein and agreed upon between the CLIENT and the COMPANY. These terms and license agreement may only be modified or altered in writing. No authorized representative of the COMPANY may modify or remove any of these terms; only the COMPANY may do so and without notice in accordance with the new technological and commercial developments and in line with its commercial policy. In addition, if any of these terms is deemed invalid, the remaining provisions shall remain valid and enforceable.

17. APPLICABLE LAW – JURISDICTION

The Courts of Piraeus shall have exclusive jurisdiction to adjudicate any dispute and the applicable law shall be the Greek law.