Farseer Terms and Conditions
Agreed term: the term for which the subscription to Farseer services is agreed (defined by the Proposal or other legal act). If several user subscriptions with different expiration dates have been agreed upon, the deadline applies to each subscriber relationship individually.
Agreement: mutually accepted Proposal that regulates cooperation with the Client (Proposal or other legal act) which defines in more detail the deadlines and dynamics of project deliveries and the scope of the project.
Farseer: means the legal entity Farseer d.o.o.
Farseer Service: means Farseer's business planning and analytics software application available through an Internet browser, the use of which is governed by the Agreement, including new functionality, enhancements, and repairs to the application.
Client: a User of Farseer Services, a legal or natural person who enters into an Agreement with Farseer d.o.o.
Authorized User: an Employee or Associate of the Client who has access to the Farseer Service under the Agreement.
User Account: an individual Authorized User account on the Farseer application.
Farseer will provide the Client with access to the Farseer Service during the Agreed Term in accordance with the terms and conditions prescribed by the Agreement.
Restrictions of user rights
The Client has the non-exclusive and non-transferable right to access and use the Farseer Service within the scope and with the functionalities defined by the Agreement. The Client is not permitted to:
(a) sell, lease, or sublease, transfer, distribute or otherwise make available the Farseer Service to third parties other than Authorized Users;
(b) copy, modify or reproduce the concepts, functionalities, and graphics of the Farseer Service;
(c) enable the use of the Farseer Service to anyone other than Authorized Users, and the sharing of User Accounts between multiple individuals within the Client's Company is prohibited. The User Account may be transferred to another Authorized User in the event of termination of employment, change of position, or termination of the need to use the Farseer Service;
(d) use the Farseer Service contrary to positive law.
By signing the Agreement, the Client is entitled to the Farseer customer support service for the duration of the Agreement. The Client may report errors in the operation of the Farseer Service through the following channels:
Live chat within the Farseer app
Support for reporting errors in the functioning of the system is provided for all parts of the planning system: 8 hours a day, 5 days a week.
Farseer guarantees the confidentiality, integrity, and availability of data. The Client retains administrative control over the entry of data and the granting of access rights to certain data to Authorized Users.
Protection of personal data
During the term of the Agreement with the Client, Farseer is authorized to collect, process, and store the following personal data of the Client's employees or associates with whom he comes into contact during the execution of the Agreement:
1. name and surname;
2. telephone number and e-mail address, as well as other data necessary for the execution of the Contract.
Data is collected, processed, and stored for the purpose of performing the Agreement and it will be kept as long as the purpose for which it is collected and processed lasts. Personal data may be transferred to third parties only if required by special laws. In all other cases of transfer of personal employees or associates of the Client to third parties, the prior consent of the person whose personal data is transferred is required.
Obligations of the Client
The Client has sole control and responsibility for determining the data it submits for processing to the Farseer Service, obtaining all necessary consents and permissions over the data, and providing instructions for data processing to Farseer.
The Client is further responsible for the accuracy, quality, and legality of all data, and for the actions and omissions of Authorized Users in accessing and using the Farseer Service. The Client will take reasonable steps to prevent and promptly notify Farseer of any confirmed or potential unauthorized use of the Farseer Service.
Intellectual Property Rights
Customer grants Farseer a global, non-exclusive right to host, process, copy, transmit and display the data to the extent necessary to perform the obligations set forth in the Agreement and provide the Farseer Service. The Client retains the exclusive right of ownership and related intellectual property rights over the data.
Farseer is the sole holder of the intellectual property rights over the Farseer Application and all its elements, and guarantees to the Client that the subject of the Agreement is not encumbered by third-party intellectual property rights (patents, copyrights, etc.) that would prevent or limit its use. The Client's right to use the Farseer Service and exercise the rights guaranteed by the Agreement will not, in any form, be considered a transfer of intellectual property rights to the Client.
The Client is obliged to pay all invoices issued under the Agreement. Unless otherwise prescribed by the Agreement, all invoices are due for payment 15 days from the date of issue.
Failure to pay the fee
Farseer reserves the right to suspend access to the Farseer Service in the event of a delay in payment of more than 30 (thirty) days.
The stated fees do not include applicable taxes, levies, customs duties, or transaction fees, and are borne by the Client in accordance with the relevant tax regulations.
Duration and termination of the contract
The contract is valid from the date of its conclusion, and if it is not terminated earlier according to the conditions stated here, until the expiration of the contract period.
Termination of the contract
Termination of the contract is possible only in case of non-fulfillment of obligations of any contracting party, which must be explicitly stated in the termination of the contract. In case of termination of the Contract, the termination must be announced in writing and the contracting part. Parties undertake to respect the notice period of 2 (two) months. Failure to fulfill obligations shall be deemed primarily:
non-fulfillment of payment obligations;
irregular performance of work;
breach of professional secrecy;
other significant breaches of contractual obligations.
Handling of data after termination of the Agreement
In the event of termination of the contract, prior to the termination of access rights to the Farseer application for the Client, Farseer undertakes to allow the Client to export all data belonging to the Client from the Farseer application. 30 (thirty) days from the date of termination of the contract, access to the Farseer application, with the sole purpose of storing data, will be provided to a sufficient number of Authorized Users.
Warranties and Limitation of Liability
Farseer guarantees the functional operation and correctness of the Farseer Service for the entire duration of the Agreement, in accordance with the contractual obligations, applicable laws and regulations, and market standards for this type of service.
If this warranty is breached and these errors are not corrected through Customer Support (2.3), the Client will provide Farseer with written notice of reduced functionality or malfunction of the Farseer Service on the basis of which Farseer will conduct a stand-alone test. If the Client's allegations are confirmed, Farseer will take reasonable steps to correct potential errors within 30 (thirty) days. This period may be extended by the Contracting Parties by mutual consent.
Farseer undertakes to be liable for any damage that the Client may suffer as a result of the inadequate functioning of the Farseer Service only up to the amount of compensation actually received at the time of the damage.
"Confidential Information" includes all information and materials contained in the Agreement, Farseer Service Pricing Information, Farseer Application Technical Information, Customer Data and any other information exchanged during business cooperation between the Parties. The transfer of information and materials does not transfer intellectual property rights in relation to them. Confidential information will be used exclusively to fulfill the rights and obligations defined by the Agreement. It is strictly forbidden to disclose or make available to third parties Confidential Information without the prior written consent of the other party.
Exemption from data confidentiality
Neither Contracting Party shall be liable for the disclosure or use of information which:
(a) is already known to the public, except in breach of the provisions of this Agreement; or
(b) must be disclosed by law, at the request of the competent authority.
The obligation to keep data confidential as a business secret is valid for the duration of the Agreement and remains in force permanently after the termination of the Agreement.
Transfer of contract
The transfer of the contract to another legal or natural person is possible only with the written consent of the other contracting party.