OP Cloud Terms of Service (SaaS version)

These Terms of Service concern relations between you and Fitosoft, Inc. regarding the use of OP Cloud including its web-interface, data encryption, transmission, access and storage technologies.

By registering as a user of OP Cloud you agree to be bound by the terms and conditions below.

  1. Internet Connection and Software
    1. In order to use OP Cloud you must have a high-speed Internet access. Fitosoft, Inc. is not responsible for any errors, data loss or your inability to use OP Cloud due to lack of proper Internet connection.
    2. You understand that any data transmitted through an unencrypted Internet connection may become available to third parties and in such a case Fitosoft, Inc. will not be responsible for any breach of confidentiality of these data.
    3. You shall make sure that you have appropriate browser software which is necessary to use OP Cloud. It must support Secure Socket Layer (SSL) protocol and other Internet protocols used in OP Cloud as well as cookies.

  2. Registration of Users
    1. In order to start using OP Cloud you shall register as a user by filling a registration form. In order to register, you must be a human 18 years or older. Accounts registered by "bots", "robots" or other automated methods are not permitted.
    2. You shall provide your first and last names, valid email address, your phone number and as a case may be information about the company you represent. You are responsible for truthfulness of any information provided during the registration process. You failure to provide true information may result in termination of your right to use OP Cloud.
    3. After registration is finished you will receive an e-mail with an activation link. When you follow this link you become the Administrator of your own Portal. Then you will have a trial period (up to 40 days) to decide whether you want to purchase OP Cloud. During this period you may use the software free of charge. If you plan to continue using it after this period is over you will have to buy a commercial version of OP Cloud in accordance with one of our subscription plans valid on the date of purchase as published on OP Cloud official website (https://opcloud.fitosoft.com).
    4. As the Administrator you can invite new permanent users to join your Portal. You are also eligible to create users account provided that their number does not exceed the number of permanent users.
    5. As the Administrator you can define and modify permissions for all users of your Portal to access any data contained therein, suspend or block accounts of certain users.

  3. User Identification Procedures
    1. No physical person may have more than one password to use OP Cloud.
    2. You are responsible for any activity occurring under your account. Moreover, Administrator is responsible for any activity occurring on his or her portal.
    3. When using OP Cloud you shall comply with all applicable local, national, foreign laws and regulations as well as with any relevant provisions of international law.
    4. Fitosoft, Inc. will presume that any activity occurring under you account is your own conduct.
    5. You shall not reassign your password to another user.
    6. Passwords are confidential information. You shall take all reasonable measures to prevent their disclosure. You shall notify Fitosoft, Inc. if you have reasons to believe that your password or passwords of other users of your Portal became known to third parties.
    7. You shall not use other users' passwords to access OP Cloud.

  4. Software in Service
    1. When the Service requires or includes downloadable software, this software may update automatically on your device once a new version or features become available to you. Some platforms may let you adjust your automatic update settings.
    2. Fitosoft, Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided by Fitosoft, Inc. as part of the Service. You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of the software, unless local laws prohibit those restrictions or you have our written permission.

  5. Payment
    1. If you decide to avoid the restrictions described in para. 2.3 above and to purchase a commercial version of OP Cloud you are obliged to pay a subscription fee. Otherwise, the provisions of this Section 4 do not apply to you. You can pay the subscription fee on either an annual or a monthly basis. You can see the current price list at https://opcloud.fitosoft.com.
    2. Any fees indicated in the price list do not include taxes. You are responsible for paying all taxes that may be charged in your jurisdiction in connection with your use of OP Cloud.
    3. You may choose between different means of paying the fee available within MyCommerce payment system.
    4. You have an option of making recurrent monthly payments for using OP Cloud. In this case the payment will be repeated automatically every month. You are free to cancel the option at any time.
    5. You will not be affected by any price changes occurring within the period you have already paid for.
    6. All payment obligations mentioned in these Terms of Service are non-cancellable and all amounts paid are non-refundable.
    7. All payments provided for in these Terms of Service shall be made within 30 days after notification. You can see all notifications in the appropriate section of your personal page.
    8. If you fail to pay your subscription fee within this period it will be considered a material breach of these Terms of Service and may result in fines and your account being suspended until payment. Furthermore, after you pay all the debts you may be required to pay a reconnection fee to resume using OP Cloud.

  6. Warranties
    1. All data you upload on your Portal belong to you. Fitosoft, Inc. will take all reasonable measures to ensure protection, confidentiality and integrity of your data. However, it is strongly recommended that you back up your data on a regular basis to prevent their possible loss.
    2. Fitosoft, Inc. has the right to collect, process, store your personal data in order to provide you with access to OP Cloud, for marketing, support or any other purposes.
    3. Fitosoft, Inc. may perform international transfer of the personal data with storage and processing purposes. Fitosoft, Inc. will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with Privacy Policy of Fitosoft, Inc.
    4. Fitosoft, Inc. will not share, disclose, sell, lease or modify your data.
    5. Fitosoft, Inc. warrants that OP Cloud will match its functionality described in its Support Documentation and that such functionality will not be materially decreased while you use it. However, Fitosoft, Inc. reserves the right to modify and improve OP Cloud in order to suit the needs of its users to the maximum extent possible.
    6. Fitosoft, Inc. warrants that OP Cloud does not contain computer viruses or any other malicious code.
    7. You warrant that you will not use OP Cloud for any illegal or unauthorized purpose (e.g. sending, hosting, and transmitting unsolicited text messages or "spam" messages by email.
    8. You warrant that the data uploaded to your Portal do not contain computer viruses, other malicious code and exclude any content related to illegal activities, violence, privacy abuse, pornography as well as other sexually explicit content.
    9. OP Cloud and all its components belong to Fitosoft, Inc. You undertake to respect intellectual property rights of Fitosoft, Inc. In particular, you shall not modify, disassemble, reverse engineer, analyze, decompile, convert or translate OP Cloud.

  7. Disclaimer of Warranties

    OP Cloud and any related services are provided “as is” without warranty of any kind including, but not limited to, warranties of title, merchantability, fitness for a particular purpose, non-infringement, presence of errors and compatibility with other computer software or hardware. Fitosoft, Inc. does not warrant that OP Cloud or services provided under this Agreement will meet your requirements and that operation of OP Cloud will be error-free or uninterrupted.

  8. Limitation of Liability
    1. To the maximum extent permitted by applicable laws Fitosoft, Inc. or its licensors will not be liable to your or to any third party for any indirect, special, incidental, consequential or exemplary damage, loss of data, damage to data, loss of profits, revenue or anticipated savings.
    2. Liability of Fitosoft, Inc. for the damage caused to you shall be limited by the fees you have paid or should pay to it.

  9. Confidentiality
    1. Both you and Fitosoft, Inc. agree to protect confidential information. Confidential information means any data which are marked confidential or proprietary or communicated under the circumstances in which the parties knew or reasonably should have known that these data are confidential.
    2. Both you and Fitosoft, Inc. shall use confidential information solely for the purpose of performing obligations or exercising rights in connection with the use of OP Cloud.
    3. In collecting, processing, storing and disclosing confidential information both you and Fitosoft, Inc. undertake to comply with applicable privacy protection laws and regulations.
    4. Your confidential information can be disclosed to a third party only subject to your prior express written consent.

  10. User Support
    1. Fitosoft, Inc. provides support within 48 hours on working days and within 72 hours on weekends.
    2. Support is offered in English.
    3. Fitosoft, Inc. guarantees a timely reply to all requests.
    4. Support is provided through the Email. Email support is available only in English.
    5. Fitosoft, Inc. does not offer support by phone.
    6. Fitosoft, Inc. does not provide support for the Open Source version of OP Cloud.
    7. Fitosoft, Inc. provides support for OP Cloud only. It does not provide support either for third-party applications or for any third-party code.

  11. Amendments
    1. Fitosoft, Inc. may amend these Terms of Service without specific notice to you, and you agree to be bound by such amendments. The latest version of these Terms is available at https://opcloud.fitosoft.com/legalterms.html.
  12. Termination
    1. You may cease using OP Cloud at any time.
    2. Fitosoft, Inc. may suspend or terminate your right to use OP Cloud if you have materially breached these Terms of Service. In this case you will have an opportunity to access OP Cloud during 3 (three) additional days with a view to recover your data. Afterwards, your data will be deleted.

Should you have any questions or requests concerning these Terms of Service please contact Fitosoft, Inc. at info@fitosoft.com.