eHRM Terms of Use

1 Introduction

Terms of Use are published by Agitavit Solutions (Letališka cesta 33F, 1000 Ljubljana, Slovenia, VAT ID: SI78870810, registration number: 1797174 (hereinafter referred to as the Contractor), represented by director Anka Brus.

The Terms of Use apply to the regulation of the relationship between the Contractor and the User for the use of the eHRM system.

Agreeing to these Terms of Use is a condition of using the Service.

Information about the content of the Service, pricing, ordering method, cancellation and other Service-related issues are available at the contacts listed at the bottom of this webpage.

2 Terms

Capitalized terms that appear below and elsewhere in this Agreement shall have the meaning that is defined below.

2.1 Contractor

The Contractor is Agitavit Solutions Ltd., Letališka cesta 33F, 1000 Ljubljana, Slovenia.

2.2 Service

The Service is the use of the eHRM system in multitenant mode to the agreed extent, through the website provided by the Contractor.

2.3 User

The User is legal entity or individual person who has contractual agreement with the Contractor to use the Service. The User may grant the right to use the Service to his colleagues – up to a maximum of persons specified in the contract.

2.4 Web site

Web site is the Contractor’s website through which the User accesses the Service, available at https://yourcompany.ehrm.net/.

2.5 Billing period

The billing period is the duration for which the User purchases a subscription for the Service. The billing period is usually one (1) month. The period may also be different if specified by the contract.

2.6 Subscription

The Service subscription defines the scope of the Service and the duration of subscription agreement and is specified in the subscription agreement. 5

2.7 Registration

Registration is enrolment in the Service and is enabled on the basis of a signed subscription agreement, followed by the creation of user accounts (access) to the extent defined in the subscription agreement.

2.8 Module

The module represents a complete set of functionalities that support a particular business process. Each module contains a basic submodule and any number of additional submodules.

2.9 Submodule

The submodule represents a complete set of functionalities within the module. A current list of sub-modules for each module is available from the Contractor – contact information is at the end of this page.

2.10 License

The license specifies the right of access for a certain number of active persons to the User to certain content (module, submodule). The Service may be accessed by as many persons as defined in the license. The license may cover access to multiple modules and multiple submodules. The User obtains an active license upon subscription payment for a specific period. The Contractor reserves the right to design new modules and sub-modules and offer them to existing (upgrade) or new Users. The Contractor reserves the right to terminate existing modules and / or sub-modules for upgrading. The Contractor notifies the User about the termination of modules and / or sub-modules at least thirty (30) working days prior to the planned termination, thereby enabling him to remove his contents from the module (described in the section “Access and Export of Data”).

Features of the licensed model:

• Based on purchased licenses (subscriptions) for each module and / or sub-module, the User receives the functionalities covered by the purchased module and / or sub-module of the Service.
• When the User exceeds the number of licenses purchased, a warning message is displayed, and the new active person is disabled. The User is still able to access the service.
• The license purchase is valid for a fixed period (default period: 1 month).
• Upon expiration of the license, the data in the Service is available to the User for a certain period (more details in the section “License expired, termination and termination of the subscription”).
• The purchase of a license is possible for an unlimited period based on specific terms of sale that are subject to agreement between the Contractor and the User.

2.11 Personal data

Personal data is any information related to an identified or identifiable individual; an identifiable individual is one that can be determined, directly or indirectly, in particular by specifying an identifier such as name, identification number, location information, web identifier, or by indicating one or more factors specific to the physical, physiological, genetic, the mental, economic, cultural or social identity of that individual.

2.12 Personal data processing

Personal data processing is any act or series of actions performed in connection with personal data or sets of personal data, with or without automated means, such as collecting, recording, editing, structuring, storing, adjusting or modifying, recalling, accessing, using, disclosure by means of mediation, distribution or otherwise making available, adapting or combining, limiting, deleting or destroying it.

2.13 Personal data controller

The controller of a personal data is a legal or natural person who alone or together with others determines the purposes and means of processing.

2.14 Personal data processor

A data processor is a natural or legal person who processes personal data on behalf of the controller.

2.15 Token

A token represents the accounting unit for using the artificial intelligence service, which is consumed with each use of the service’s functionalities in accordance with its technical design.

3 Use of Terms of Use

In addition to the applicable regulations, the relationship between the Contractor and the User is also regulated by the subscription contract, of which the Terms of Use, the Privacy Policy are an integral part.

The Terms of Use can be supplemented by specific written agreements between the Contractor and the User, binding in the same way as the Terms of Use. If the Terms of Use and the Special Written Arrangements do not have consent, the Special Written Arrangements apply.

The Contractor reserves the right to update and modify these Terms of Use. Any amendments and / or additions to the Terms of Use enter into force and apply upon the expiry of the eight-day (8) period from the date of publication of the amendments and / or additions. If a change and / or amendment of the Terms of Use is necessary to comply with the regulations, these changes and / or amendments may exceptionally enter into force and is used for a shorter period specified by the Contractor.

The Contractor will notify the User of any change from the previous paragraph at least fifteen (15) working days before the date of acceptance of the change of the Terms of Use. The latest version of the Terms of Use can be viewed by the User at any time at https://www.ehrm.net/en/eHRM-terms-of-use/.

The User, that does not agree with the amendments and supplements to these Terms of Use, is obliged to notify the Contractor within fifteen (15) working days from the receipt of the notification of modification and / or supplement of the Terms of Use that he withdraws from the subscription contract. After expiry, it is considered that the User agrees with modifications and / or amendments of the Terms of Use.

By signing the subscription agreement, the User confirms that he agrees to the Terms of Use and services price list and that he accepts all obligations arising from them.

4 Ownership

4.1 Service ownership

Agitavit Solutions Ltd. developed, deployed and manages the Service. The Service, all its components, and related materials such as documentation, knowledge-based articles, look and feel, source code in C#, HTML / CSS / JavaScript code, visual elements, and web site content, are wholly owned by, the Contractor.

4.2 Intellectual property

The Contractor owns all intellectual property rights of the Service and all related components and materials, except those expressly granted by the Contractor to third parties and / or the User by written agreement.

User agrees not to reproduce, copy, sell, resell or exploit any part of the Service (including but not limited to any part of source code in C#, HTML / CSS / JavaScript code) without the prior written consent of the Contractor.

The User will use the Service or access the Service only with a valid subscription agreement.

4.3 Trademarks Agitavit and eHRM

Agitavit, eHRM, logo, and all its variants are trademarks or registered trademarks of the Contractor. User is not permitted to use trademarks or registered trademarks of the Contractor, or any other trademarks displayed in the Service without the prior written consent of Agitavit Solutions Ltd. and / or the respective rights holder.

4.4 Violations

In the event of a violation of the provisions of paragraphs 4.1, 4.2 or 4.3, the User bears full responsibility.

5 Conditions for use of the Service

You must be 15 years or older to use this Service. To access the Service, you must be a human. Accounts registered by “bots” or other automated methods are not permitted. The User is obliged to observe the conditions of this paragraph at all times of using the Service.

User must provide full legal name or name of the company, a valid email address, and any other information requested in order to complete the signup process or when upgrading or downgrading to another Service Plan or number of active persons.

With the registration the User gains access to the Services. Access with one license is restricted to one person; shared access (username, password) between multiple persons is not allowed.

The responsibility for maintaining the security of the User’s credentials (adding users and their rights in the eHRM system) rests solely with the User. The Contractor cannot and will not be liable for any loss or damage resulting from failure to comply with this safety obligation.

6 Use of the Service

6.1 Grant of usage right

User acquires a non-exclusive, non-transferable, cancellable right to access the Service and use the Service within limitations defined in this Terms of Use and in subscription contract on the day of the subscription contract signature. Use of Service is conditioned with subscription fee payment as defined in this Terms of Use and in subscription contract.

The Service is provided on an “as is” and “as available” basis. User agrees that he assumes full responsibility for the use of the Service as specified in these Terms of Use.

A person using a User’s user account must not use the Service to:

• use eHRM system to download, transmit or otherwise distribute any content that is unlawful, defective, harassing, abusive, fraudulent, obscene, threatening, abusive, hostile, contain viruses or otherwise inappropriate as reasonably determined by the Contractor;
• use eHRM system for any fraudulent or inappropriate purpose;
• attempt to decipher, degrade, delete, modify, or transform any of the features of the eHRM system;
• duplicate, reproduce or exploit any part of eHRM system without the written permission of the Contractor;
• use the rental, distribution or resale of software or use eHRM system to develop a competitive system.

In the event of a breach of any of the above indents by a third party who used the User’s user account, such breach shall be deemed a breach of contract by the User, even if the use by a third party was unauthorized by the User. In the event that a third party came to the User’s user account due to the liability of the Contractor, then this is not considered a breach of contract.

6.2 Subscription

The Service is provided on a valid subscription basis for certain modules and / or sub-modules and for a specified period. By purchasing a subscription for a certain period of time, the Contractor obtains a license for the duration of the subscription for the agreed number of active persons, modules and submodules.

Where strictly necessary for the proper functioning of the Service and / or in the case of upgrading the Service, the Contractor may impose additional technical restrictions that define the scope of the subscription-related services.

The Contractor will notify the User of such restrictions at least fifteen (15) working days before the restrictions are imposed. If the User does not agree with such restriction, he / she has the possibility to withdraw from the contract with the term of notice as defined in these Terms of Use.

6.3 System requirements

In order to use the Service and display the content, the User needs:

• Internet access.
• Software and hardware for the use of the Internet provided by the User on his own and maintained at his own risk.

6.4 Restrictions

eHRM system is a platform that provides commercial cloud services. Commercial cloud is subject to general restrictions – normal use:

• The size of the database must not exceed 10 GB for the duration of the subscription.
• The size of each uploaded file to the system must not exceed 4 MB.
• The data transfer towards a User must not exceed the number of licenses in the contract X 100 MB on a monthly basis.
• The number of emails towards a User must not exceed the number of licenses in the contract X 40 emails on a monthly basis.

Some cases of demanding use and behaviour of the User can result in a high consumption of computing and network resources by the Service. The Contractor reserves the right to unilaterally determine when the requirements for demanding use are met (exceeding normal use). The Contractor will notify the User by e-mail that the use of resources exceeds the normal use and to what extent. In doing so, the User agrees that the Contractor can (based on demanding use) introduce a separate charging policy for future use of the Service in order to mitigate excessive operating costs. The Contractor reserves the right to temporarily disable access to the Service if the use of the User significantly exceeds the normal use (defined in this chapter).

The User may use the Service regardless of the type of device providing Internet access (desktop and / or laptop and / or tablet and / or mobile device, etc.).

7 Content ownership

7.1 Responsibility for content

The User is responsible for all content uploaded to the Service, transferred from the Service, published, saved or modified through the Service upon login to the system (even if the content is posted by third parties logged in with the User’s user account).

7.2 Content ownership

Content uploaded, downloaded, published or modified by the User through the Service remains the property of the User. The Contractor does not acquire any rights to the stored content.

The User expressly warrants that he owns the uploaded content (in word, image or sound), or that he is the holder of all copyright, related and other rights in relation to the transmitted content.

The Contractor warrants that it will refrain from any encroachment on stored content in accordance with applicable law. Notwithstanding the provisions of this paragraph, the Contractor may access and intervene the stored content on the assumption that all technical conditions are met for such intervention, upon the User’s specific request and only to the extent necessary to ensure the quality of the Service or removal errors (e.g., resizing photos, video content, enabling playback on multiple platforms…). These interventions are of a temporary nature, last only until the defect has been corrected or the desired quality of service is provided, assuming that the desired quality of service is in accordance with these Terms of Use and that it can be guaranteed.

7.3 Intellectual property

The Contractor will have no intellectual property claim over the Content obtained by the User by downloading the Content through the Service.

8 Payments, refunds, scope changes

8.1 Service payments

All amounts for payment are stated in the services price list specified in the subscription contract. All payment amounts are VAT exclusive. The User is obliged to pay the full amount for payment, including any taxes and / or duties required by applicable law at the time of signing the subscription contract.

The Contractor will bill its services according to the provisions of the subscription contract. Invoices will be issued electronically, with the User’s explicit consent. The Contractor will issue the invoice in PDF format and forward it to the User-specified email address of the User. The User agrees that the invoice does not require a digital signature with a digital certificate. In case the User needs a written copy of the invoice, he can contact the Contractor through the contacts listed below.

8.2 Refunds

The Contractor provides digital services, which makes it impossible (by the very nature of the service subject to the contract) to refund a subscription already paid for a fixed period. The User is free to decide whether or not to use the Service during the leased period. In use, the User is limited by the restrictions defined in these Terms of Use and the subscription contract. User inactivity is not a reason for a refund of a paid subscription by the Contractor.

The Contractor is not obliged to return a proportionate portion of the paid subscription for a time when the Service is unavailable due to limitations of a technical nature (whether due to the conduct of the Contractor or force majeure).

8.3 Changes to the Service scope

The User can change the subscription volume for a specific module and / or sub-module (number of active persons, modules) at any time. The User must notify the Contractor by e-mail.

The changes will be visible in the Service after entering the modified license. The Contractor undertakes to make changes to the license within seven (7) working days of receiving the User’s request.

8.4 Changes to the service price

The Contractor reserves the right to change the agreed price of the service when:

• The agreed upon price does not ensure the normal operation and maintenance of the Service.
• That external factors result in higher operating and maintaining costs of the Service.

The User that does not agree with the changes and / or additions to the price list of the Service is obliged to inform the Contractor within fifteen (15) working days from the receipt of the notification about the change and / or supplement of the Service price list that he withdraws from the subscription contract. After this deadline, it is considered that the User accepted the modification and / or supplementation of the Service price list.

9 Service type

The Service is available in a paid version. Not all features and functionalities of the Service are available in every version.

The contractor is constantly changing and improving the Service. For this reason, the Contractor reserves the right to add or remove the functionality of the Service.

The User is familiar with changing functionality and agrees with them.

10 Use of Artificial Intelligence

10.1 Purpose of Use

AI functionalities serve exclusively as a supporting tool for optimising HR processes. The final decision regarding personnel processes is always made by the User. The results of the AI are for informational purposes only and do not constitute a binding measure. Under no circumstances is the User obliged to follow the result or suggestion provided by the AI functionality.

10.2 Data Processing

Data entered is not used for training general AI models and, without the explicit consent of the User, the Contractor will not use it for training general AI models. The AI functionality does not access personal data in the eHRM.

10.3 Rights and Obligations of the User

The User is obliged to inform their users and persons whose personal data will be processed using the AI functionality that certain processes include the use of AI functionality.

The Contractor undertakes, upon reasonable request by the User, to provide appropriate explanations and information to fulfil the obligations from the preceding paragraph, but does not assume any warranty or responsibility in this regard.

The User remains responsible for decisions made based on the results of the AI.

The User undertakes not to use AI functionalities for unlawful, discriminatory or unethical purposes, and to provide individuals with education for the safe and ethical use of AI functionalities.

10.4 Rights and Obligations of the Contractor

The Contractor shall inform the client of significant changes in the operation of AI functionalities.
The Contractor is not responsible for incorrect AI results that are the consequence of an incorrect, incomplete or misleading input database provided by the client.

10.5 Liability

The Contractor is not liable for damage resulting from incorrect decisions made by the User solely on the basis of AI results without human review.

The Contractor is responsible for the correct technical operation of AI functionalities in accordance with the agreed service terms.

The Contractor is not liable for damage caused to the User or third parties as a result of the operation or use of general AI models, unless the injured party proves that the

Contractor knew or could not have been unaware of errors, vulnerabilities or other deficiencies in the general AI model and still used such a model, and if it is proven that the Contractor was aware or could not have been unaware of the risk or danger of damage in connection with the use of such general AI models.

11 License expiration, cancellation and subscription termination

11.1 Expired License

After the license expires, the data in the Service system is available in read mode for a period of 30 days. In the meantime, the license must be renewed and imported into the Service system. In the event that the expired license is not renewed within 30 days, the Contractor reserves the right to terminate the access to the Service after the expired period and to delete without prior notice all information contained in the Service and related to the User.

11.2 Cancellation

The subscription remains in force until all valid subscriptions specified in the subscription contract expire or any termination of the contract by any of the contracting parties as defined in these Terms of Use and / or the subscription contract.

The subscription is automatically renewed every month under the terms and conditions specified in the subscription contract.

The contract can be terminated by any contracting party by giving thirty (30) days written notice in advance.

In the event of termination of the contractual relationship, the User must settle to the Contractor all obligations incurred up to the date of termination of the contractual relationship, including in particular payment of the subscription fee and any additional services used by the User.

The User sends a written request for termination of the subscription to the Contractor by registered letter. Upon receipt of this request by the Contractor, the notice period begins.

The contract expires after the calendar month in which the notice period has expired.

Data access and data export is defined in the chapter “Data access and export”.

11.3 Termination for violation

The Contractor can unilaterally terminate the Subscription at any time in the event that the User violates these Terms of Use and / or the subscription contract.

In the event of a violation, the Contractor notifies the User in writing (by mail or e-mail) and give a seven (7) day period to remedy the violation. In the event that the User does not correct the violations within the specified deadline, the Contractor has the possibility to withdraw from the subscription contract with immediate effect (emergency termination).

Data access and export is defined in the chapter ” Data access and export “.

11.4 Data access and export

After the notice period in case of regular cancellation and immediately in case of extraordinary termination due to breach of contract, the data in the Services system will be available for another 30 days only in read mode. The User can submit a written request for free export of all User data to a location that does not represent a cost to the Contractor by the end of the deadline. The data will be exported in such a way that the Contractor will make a copy of the database and transfer it to the User at the agreed location. This allows the User to place the received copy of the database in their Microsoft SQL environment.

The Contractor reserves the right to terminate access to the Service after the expiration of the 30-day period and to delete without prior notice all information contained in the Service and related to the User.

12 Operation, upgrades, maintenance and downtime

12.1 Normal operation

The contractor will strive to make the Service available 99.9% of working time. However, there may be times when the Service is interrupted for maintenance, upgrades, repairs, or failure of telecommunications beyond the control of the Contractor. The Contractor will take all reasonable steps to reduce such interference in advance.

12.2 Upgrades and maintenance

Regular upgrades will be performed in accordance with the Contractor maintenance plan for the eHRM system.

The User can submit suggestions for improvement. The Contractor will consider the received proposals and evaluate the potential impact and feasibility of the proposal. The Contractor reserves the right to accept or reject the proposal.

The Contractor can perform a scheduled downtime of the Services in order to install updates, upgrades, security patches, or make any other repairs necessary for the operation of the Service. The Contractor is obliged to notify the User, by email or within the user interface of the Service, of the planned outages at least three (3) working days in advance, unless an immediate upgrade is required in the event of a critical error. In this case, there will be no advance notice.

In the event of prolonged interruptions, the Contractor is obliged to announce such interruption at least five (5) working days before the interruption, unless the interruption is due to events and / or circumstances not on the Contractor’s side (these include but not limited to: power outage, hacker attack, unexpected hardware failure at Contractor, etc.).

12.3 Delays

An unforeseen downtime can occur as a result of a hardware or network failure in a commercial data centre that is not under the direct control of Agitavit Solutions d.o.o..

12.4 Stopping the Service

The Contractor reserves the right to stop the Service completely. The Contractor shall notify the User of the suspension at least thirty (30) working days prior to the scheduled shutdown, thereby allowing the User to remove its content from the Website.

13 Customer support

With the paid subscription for the agreed time period, the Contractor provides support to the User in accordance with the subscription contract.

The scope, responsiveness and price for the provided support services are specified in the subscription contract.

14 Personal data protection policy

As the Contractor is the processor of personal data files within the provisions of the applicable European and Slovenian personal data protection legislation, these conditions also govern the obligations of the Contractor in terms of protection of the User’s privacy, as defined by the applicable European and Slovenian personal data protection legislation.

The Contractor ensures that all personal data files have been obtained in accordance with the provisions of applicable European and Slovenian legislation and that their processing and storage are legal.

The Contractor will treat confidentially all personal data and information obtained from the User and will only use such information for the purposes for which it has been collected and, except for legally prescribed reasons, will not disclose it to third parties without the express permission of the Users.

The contractual sub-processors for the Service are:

• Microsoft Corporation: the service is hosted on a Microsoft Azure cloud environment where all data is stored,
• SendGrid Inc.: The e-mail service uses Twilio SendGrid where only transaction data is stored.
• Setcce d.o.o.: provision of electronic document signing services with the BetrSign solution, where the following data are sent for the purpose of performing the service: First name, Surname, Employee identification number, Private email address, Private mobile phone number.

By accepting these Terms of Use, the User acknowledges that it understands that the Contractor cannot guarantee the security or privacy of information transmitted by the User to third parties or processors via the Internet, or email or conversations, and agrees that he will not hold the Contractor liable in any way liaison with the use of all such information by processors and third parties.

The Contractor is not responsible for the consequences of such transmission, nor for any use or misuse of personal information disclosed by the User. Each User is solely responsible for all information transmitted within the Service.

15 Responsibility limitation

The User is aware and agrees that the Contractor does not guarantee 100% reliability of the Service.

The User is aware and agrees that he fully assumes the risk related to the service failures.

The Contractor is not responsible for:

• Any damage resulting from factors beyond our reasonable control (such as natural disasters, wars, terrorist acts, riots, government actions or failure of the network or facilities outside our data centers, including at the User’s locations or between the User’s location and the data center). Center of the Contractor).
• Any damage resulting from the use of services, hardware or software not provided by the Contractor, including problems resulting from inadequate bandwidth or related to software or services from other manufacturers.
• Any damage that may result from inappropriate, incorrect or inadequate use of the Service by the User, including but not limited to the use of inappropriate telecommunication equipment and / or inappropriate protection of the username and password.
• Any damage that would result from unauthorized interference with the Service.
• Any damage that may result from the Service failure, regardless of the reason for the failure of the Service and its duration.
• Any loss of data and any damage that may result from the loss of this data to the User.

The term damage means any damage to the User, including but not limited to property and non-material damage, indirect and consequential damages, loss of production, loss of profits, loss of revenue, loss of contracts, loss or damage to goodwill or reputation and loss of claim.

In no case can the compensation to be paid by the Contractor to the User for the damage caused to the User in connection with the use of the Service exceed 10% of the value of paid subscriptions in the last 12 months.

16 Final provisions

16.1 Invalidity of individual provisions

The invalidity of any provision of these Terms of Use, regardless of the reason for invalidity, does not imply the invalidity of these Terms of Use as a whole. In such a case, the invalid provision is considered unrecorded and the Terms of Use continue to apply without that provision.

16.2 Law and disputes settlements

The legal relations between the User and the Contractor are governed by the Slovenian law and the law of the European Communities (including Regulation 2016/679 of the European Parliament and of the Council on 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data). Any disputes arising from this Contract shall be resolved consensually by parties. If such consensual resolution of dispute is not possible, the dispute shall be referred for resolution to the competent court in Ljubljana.

16.3 Contact

If you have any questions, please contact us by email at support@ehrm.net, call us at +386 1 242 56 73 or send a letter to Agitavit Solutions d.o.o., Letališka cesta 33F, 1000 Ljubljana, Slovenia.

Valid from 1st October 2020.