Terms and conditions

By using Inventoro.com, you agree to these Terms & Conditions and enter into an agreement between You and Logio. Please read them carefully.

By using Inventoro.com (an on-line application, which is aimed at demand planning and forecasting, promotion planning and inventory management and replenishment) – “Inventoro” - you are agreeing to be bound by the following terms and conditions (“Terms & Conditions”) that constitute an entire agreement between You (the “Customer”) and Logio s. r. o. with its registered seat at Evropská, Prague 6 Czech Republic (“Logio”) (together as the “Parties” and these Terms & Conditions as the “Agreement”). For avoidance of doubt these Terms & Condition apply to all usage of Inventoro.com (even in the Trial mode).

INTERPRETATION

In these Terms & Conditions, the terms defined below have the following meaning (unless the context implies otherwise):

“Fees”

means the fees for the use of the Service in the amount stipulated by one of the Pricing Plans;

“Intellectual Property Rights”

means all copyrights; rights to trade marks; business or trade names; logos or slogans; domain names; rights to protection against unfair competition; rights to a database; rights to a design and all other intellectual property rights, whether registered or non-registered, including drafts and rights to apply for the above;

“Service”

means the Inventoro web application run by Logio, which is accessible via the website at www.inventoro.com, which allows for entering the Customer’s data with a view to obtaining the Outputs of the Service.

“Input Data”

means the data entered by the Customer into the Service in the manner stipulated by the Agreement within the scope specified in Inventoro Manual;

“Outputs of the Service”

means the results of processing of the Input Data performed by the Service. The scope of the outputs is specified in Inventoro Manual;

“Website”

means the website at www.inventoro.com, including related subdomains containing the Inventoro web application;

“Binding Regulations”

means any effective generally binding legal regulation that is part of Czech law or other applicable law including usage and trading customs on the relevant markets and principles on which the said generally binding legal regulations are based.

SUBJECT OF THE AGREEMENT

These are the Terms & Conditions agreed by the Parties under which the Customer may use the Service and stipulates the rights and obligations of the Parties in relation to the provision and use of the Service.

By virtue of this Agreement, Logio grants the Customer the authorisation to use the Service under these Terms & Conditions and within the scope stipulated below; the Customer accepts the authorisation and agrees to pay the set Fees to Logio.

Use of the Service means processing the Input Data through the Service and the subsequent provision of the Outputs of the Service to the Customer.

To avoid any doubt, the Parties agree that the right to use the Service is non-transferrable, i.e. it is vested solely in the Customer and not in any third parties.

RIGHTS AND OBLIGATIONS OF THE PARTIES

Logio agrees to allow the Customer to use the Service in the manner and within the scope specified by choosing one of the variants of the pricing plans (“Pricing Plan”).

The Parties have agreed and the Customer explicitly agrees that the obligation to allow the use of the Service is limited to Logio’s obligation to use reasonable efforts that can be reasonably required of it to ensure that the Service can be used by the Customer. Logio does not agree to ensure that the Service is available under all circumstances, particularly due to technical reasons.

In that case, Logio will use all reasonable efforts to ensure that the Customer is informed as far as possible of any change (representing a reduction in the scope of the services or some other limitation of their provision or being otherwise to the detriment of the Customer) or termination if possible under the given circumstances.

The Customer agrees to upload only information and content that does not breach any Binding Regulations.

Logio is entitled to modify the manner or terms of providing the Service. A change in the manner, scope or terms of provision of the Service does not give rise to the Customer’s right to the provision of any performance of the Service from Logio. Logio will notify the Customer of any such change by e-mail, and will also display the relevant information on the change (including information on its effective date, which may not precede the date of its publication on the website) on the website (www.inventoro.com).

If the Customer disagrees with said change in the manner or terms of provision of the Service, the Customer is obliged to notify Logio of its disagreement in writing within five (5) business days of the date of its publication via the contact form available at http://inventoro.com/support/. A properly stated disagreement gives rise to the Customer’s right to immediate withdrawal from this Agreement. If the Customer does not communicate his/her disagreement to Logio as stipulated within the deadline pursuant to this article, it will be deemed that the Customer has accepted the relevant change in the terms of provision of the Service.

The Customer agrees that he/she will not upload to Logio any data that will breach the relevant Binding Regulations (eg the Czech Data Protection Act) or rights of third persons.

The Customer unconditionally and irrevocably agrees and undertakes to indemnify, keep indemnified and hold harmless Logio from and against any covenants to pay Logio on demand an amount equal to all costs (including costs of enforcement), expenses, liabilities (including any tax liability), direct, indirect or consequential losses, damages, fines, penalties, claims, demands, proceedings or legal costs and judgements which Logio incurs or suffers, directly or indirectly in any way whatsoever from or relating to any breach of this Agreement.

The Customer agrees that Logio can use the reference to Customer´s name, logo and link to the Customer´s website for marketing purposes (eg for reference list).

Upon the Customer´s consent Logio can use a general description of the Customer´s usage of the Service for case studies. Logio will send such request to the Customer’s registered e-mail address. If the Customer does not communicate his/her disagreement to Logio via the contact form available at http://inventoro.com/support/ within five (5) business days of the date the e-mail was sent, it will be deemed that the Customer has given consent.

SECURITY AND PASSWORDS

The Customer may access the Service via the domain www.inventoro.com. For operational or technical reasons, Logio is entitled to change the domain.

The Customer is enabled to access and use the Service by means of a combination of one or more usernames and relevant assigned passwords set by the Customer when registering to use the Service.asi

The Customer agrees to keep all the usernames and passwords secret, prevent access to them by third parties and prevent any unauthorised use of the Service.

The Customer agrees to inform Logio of any potential breach of security of its username and password.

The Customer agrees not to use or distribute in any way, in relation to the use of the Service, any damaged files, files containing viruses or any similar software or programmes that could interfere with or damage the technical or programme equipment of Logio or any third party.

Logio agrees not to disclose Input Data to third parties without prior consent of the Customer.

COPYRIGHTS

Logio holds all Intellectual Property Rights to the Service and the Website and all related materials. To avoid any doubt, the Parties agree that this Agreement does not provide, whether explicitly or implicitly, for the transfer of any Intellectual Property Rights related to the Service or Website or granting of any license.

The contents of the Website may not be copied, transferred to other systems, published, distributed or used for the creation of derived works without the prior written consent of Logio.

FINANCIAL AND PAYMENT TERMS

The Customer is obliged to pay the Fees to Logio for the use of the Service; the amount of the Fees is specified in the Pricing Plan.

A valid credit card is required for paying the Fees.

The Fees will be paid on a monthly basis (“Billing Cycle”), in each case in advance, i.e. for the upcoming calendar month the Service provided will be automatically charged to the credit card that you provided (in the last 7 business days of the previous billing cycle). The Fees for the first Billing Cycle the Customer uses the Service will be billed for the proportional part of the relevant Billing Cycle immediately.

Payment services are provided by a third party provider - Braintree Payment Solutions, LLC.

The Fees are non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account.

The Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible to pay all such taxes, levies, or duties. Please note that the prices set in the Pricing Plan are without VAT (21%). If you reside in the European Union and don't have valid VAT number, you will be charged VAT of 21%.

In the first three weeks of each billing cycle Customer can downgrade the chosen Pricing Plan. For any downgrade in the Pricing Plan, the credit card that Customer provided will automatically be charged the new rate for Customer´s next billing cycle.

Customer can upgrade the chosen Pricing Plan at any time. For any upgrade, the credit card that Customer provided will be immediately and automatically charged the difference between the Fees applicable pursuant to the old Pricing Plan for the rest of the current billing cycle and the Fees applicable pursuant to the upgraded Pricing Plan for the rest of the current billing cycle.

In the event of a delay in payment of the Fee by more than 3 business days, Logio has the right to suspend providing the Service to the Customer.

PRIVACY POLICY

By using Inventoro, you consent to our websites privacy policy.

TERM AND TERMINATION

Except for the Trial mode this Agreement is entered into for an indefinite term. In Trial mode this Agreement terminates 30 days after activating the Trial mode account. If the Trial mode is in the course of these 30 days upgraded to any other variant of the pricing plans, this Agreement is entered into for an indefinite term.

The Customer is entitled to terminate this Agreement by one month notice (via the contact form available at http://inventoro.com/support/) at any time without stating a reason. The notice period will run from the first day of the month following delivery of the notice to Logio.

The Logio is entitled to terminate this Agreement by a one month notice (in the form of an e-mail sent to the e-mail address that was used for the registration). The notice period will run from the first day of the month following sending the notice to Costumer.

The Parties may withdraw from this Agreement with immediate effect if the other Party seriously breaches its material obligations following from this Agreement.

Logio may withdraw from this agreement with immediate effect in the event the Customer fails to pay the Fee within 14 business days.

If the Agreement is terminated, Logio will within 14 business days delete all files uploaded by the Customer.

The Customer acknowledges that in any case of termination of this Agreement the Fees are non-refundable. There will be no refunds or credits for partial months of service or refunds for months unused with an open account.

LIMITATION OF LIABILITY

The Parties agree that within the scope permitted by the mandatory provisions of the Binding Regulations, Logio is not liable to the Customer or any third party for any damage incurred in relation to use of the Service or as a result of inability or impossibility to use the Service.

For avoidance of doubt the Customer will not be entitled to claim any direct, punitive, special, incidental, indirect or consequential damages (including lost profits or loss of business opportunity, business interruption loss, loss of future revenue, profits or income, loss of business reputation or opportunity or similar damages).

GOVERNING LAW & DISPUTES

This Agreement and the legal relationships following from this Agreement will be governed by the laws of the Czech Republic.

All disputes arising from the Agreement and/or in connection with it will be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its rules by three arbitrators in accordance with the rules of that Arbitration Court.

These Terms & Conditions were last modified on 2013-01-17