TERMS AND CONDITIONS OF USE
ITBACKING S.L. (registered in the Mercantile Registry of Castellón at Volume 1199 Folio 100 Sheet CS-21617, located at calle Botánico Cavanilles, 10, 12006, CASTELLON, and NIF number B-12634580) and the customer (a natural or legal person who contracts the use of the Microsoft AppSource applications published by ITBACKING), are bound by these license terms.
The customer declares that he/she’s at least 18 years old and competent to enter into this contract. After being made aware of the features of this software or application, he or she’s aware of, comprehends, and freely accepts the terms of this agreement.
ITBacking: is a Microsoft Corporation-certified supplier (partner) specializing in the development, support, and design of management software solutions that help businesses and organizations transform to the digital age.
Application: software that was installed in the customer’s Dynamics 365 Business Central environment and was developed by ITBacking. It can be obtained from Microsoft AppSource or ITBacking and can be accessed through a web browser or the Dynamics 365 Business Central mobile application. In the following, we will refer to it by its software or application names interchangeably.
AppSource from Microsoft: store of Microsoft partners’ business management solutions for the Dynamics 365 ecosystem. They are solutions that Microsoft Corporation has tested and approved to be used in a subscription-based SaaS (Software as a Service) model through its own infrastructure and security guidelines and permanent updates.
Customer: person or legal entity that accepts this contract and grants ITBacking permission to use the Software in his Dynamics 365 Business Central environment in the manner he chooses (browser or Dynamics 365 apps).
Language: Spanish is the contract’s original and binding language for both parties. However, as a courtesy and only for informational purposes, ITBacking may prepare a translation into another language. The Spanish text will take precedence and be admissible as evidence in the event of any disagreement regarding its interpretation.
ITBacking’s «Tiles 360» app will be provided and used in accordance with the following terms and conditions, including any updates. Microsoft Dynamics 365 Business Central serves as the core of the software. Any additional services, such as software installation, integration, and adaptation, are exempt from the terms. The customer agrees to these terms and conditions by downloading, installing, using, or attempting to do so.
3. LICENSE SCOPE
ITBacking owns the software, documentation, and files installed on it. This software is distributed by ITBacking under a license. ITBacking grants the client only non-exclusive use of the software, and it retains all other rights.The software may only be used by the customer in accordance with this agreement, and no sublicenses may be granted.
Unless otherwise specified, these terms also apply to any subsequent versions of ITBacking software, including any updates or add-ons, as well as technical support services for this software.Those conditions will apply if that is the case.
4. RIGHT OF INSTALLATION, USE AND LIMITATIONS
In the event that the customer agrees to these license terms, they have the following rights:
• ITBacking’s software or updates can be installed and used by the company.
• This agreement grants you a license to use the software for the duration of the subscription agreement.
The client who accepts this contract is obligated to adhere to the software’s technical limitations, which only permit it to be used in certain ways and prevent them from:
• circumvent the software’s technical limitations;
• make copies of the software or make it public for others to copy; • decompile, modify, or disassemble the software;
• lease, rent, loan, distribute, or lease the software in its entirety or in part;
• make modifications or derivative works of the software or any part of it;
• incorporate any component or microprogram of the customer’s or another technology provider’s device into the software;
• use the software in a way that is illegal or in violation of this agreement;
• export or use the software in a way that is against the law or other relevant provisions;
• grant the software a sublicense or permit unauthorized access and beneficial use;
• give this agreement or the software to other people.
5. ENTRY INTO FORCE, DURATION AND TERMINATION
When the customer accepts the subscription agreement, this license takes effect.
You have the option of terminating the contract by notifying ITBacking in writing of your decision not to renew the subscription service for the following period in effect.
6. TECHNICAL SUPPORT SERVICES
Support for the software comes from cloud service providers and Microsoft.ITBacking’s applications are subject to the Microsoft Dynamics 365 Business Central license terms, which the customer is also obligated to follow.
You are giving your consent to the transmission of certain information to the direct and indirect providers necessary for the service’s validation, provisioning, deployment, updating, maintenance, and support throughout the deployment and use of the software.
The license agreement does not include the application’s functional support.An independent contract will cover the services required to address training issues, data transfers, functional doubts, and custom parameters.
7. OBLIGATIONS AND RESPONSIBILITIES
7.1. Both the customer and ITBacking agree to follow all of the terms of the license or licenses’ contractual conditions that apply to them and/or the formalized contractual documentation, acting faithfully and honestly. The customer acknowledges that ITBacking adequately informed him of the application’s features and that it meets his requirements. In this way, the customer only gets some rights to use the application from this contract. All other rights are reserved by ITBacking. You may only use the application in accordance with the terms of this agreement, unless applicable law grants you additional rights in spite of this restriction. To accomplish this, you must adhere to the application’s technical limitations, which restrict its use to specific scenarios.
7.2. The customer alone is responsible for accessing and making use of this license. In a similar vein, the content, the information transmitted and stored, the claims of third parties, and any potential legal actions related to intellectual property and personality rights are entirely the client’s responsibility. For the development of the activity for which she contracts this license, the client is responsible for adhering to all applicable laws and regulations. ITBacking has no direct or indirect responsibility for the client’s harm to third parties, either directly or indirectly.
7.3. The client consents to the following when using the contracted license:
– ITBacking will use the email address you provided for communications with ITBacking as its preferred method of communication for agile and fluid management in the provision of the requested service as a result of the contractual relationship that exists between the parties. Therefore, you must keep the email address up to date, operational, and active. In order to ensure that no communication is disrupted between the contracting parties, the client must submit a request to ITBacking at the following email address, firstname.lastname@example.org, to change the contact email address provided in the contracting form.
– Keep the software access methods (username and password) safe and diligently use them because these methods enable ITBacking to verify that the client or any authorized users have authenticated their access. The client will be solely responsible for how these identifiers are used and communicated, even to third parties, and for the actions and requests made by authorized users who have the appropriate permissions. ITBacking will only give access data to clients with valid credentials.
7.4. The client is helped by all of the legal guarantees that are required.
7.5. ITBacking will only take responsibility for the damage and be obligated to fix it if the damage was caused solely by the company’s carelessness or fraud.As a result, ITBacking will not be held accountable:
– Neither the content or data that customers enter into the software nor any content from third parties that can be accessed through possible links to third-party websites.As the application’s editor, ITBacking is not responsible for these activities or content, and neither is its opinion expressed in them.
– Of the potential harm that could result from a bad use of the software, whether directly, indirectly, or as a result.Your computer software and equipment, as well as accidental data loss and damage to your business, are all excluded from this clause or business opportunities lost as a result of a failure in the Microsoft cloud service, either directly or indirectly.
In addition, it is exonerated of any and all liability for the client’s claims of misinformation as a result of her own negligence regarding the time required to update this data and for the inability to use the client’s email address or for failing to communicate the change of address.
8. INTELLECTUAL PROPERTY
ITBacking owns the software, documentation, and files installed on it. ITBacking only grants a temporary license to use the App in accordance with the terms of this license and any other service-specific contracting conditions, as well as any additional documentation or support that comes with this license.
Any and all rights not granted to the customer are explicitly reserved by ITBacking. The client is only permitted to utilize the contracted application’s functionality in accordance with the terms of this license agreement and authorized access (username and password). Any application update, modification, or extension that replaces or enhances it is subject to the rights granted upon acceptance of this license agreement.
The client is only given some rights to use the application under this contract. The terms outlined in the «modifications» section will apply to the system update if ITBacking removes any application functionality after the product life cycle has ended. All of the client’s license rights will expire if the service is not renewed or paid in full.
After receiving advance notice, ITBacking may modify or discontinue any software feature, technology, or aspect at any time. ITBacking reserves the right to alter the terms and conditions of its services and products in any way it sees fit in the interests of continuous improvement. They must notify the client via online notice, make the change to the applicable clauses of the contractual conditions, or send it via email in order to accomplish this. They mustn’t go beyond that. ITBacking will promptly communicate these modifications for their adaptation, despite the provisions of the preceding section. After ITBacking has informed the client of the change, the client has 14 calendar days to terminate the contract if they don’t accept the new terms. After this time, the customer’s acceptance of the new terms will be assumed without further notice.
10. DATA PROTECTION
ITBacking, in its capacity as Data Controller, informs you, in accordance with applicable data protection regulations:
The contractual consent granted by the user or customer serves as the legal basis for the processing of customer data.
Type of data that was processed: are those that the customer provided when this contract was formalized, such as billing, as well as those that are required for the management of the service.
Purpose. Unless the client expressly expresses his opposition at the time of contracting, only those personal data that are necessary to execute the contractual relationship and enable the provision of services will be collected when contracting ITBacking’s services, as well as for the sending of commercial and advertising communications about them or other similar ones by ITBacking via postal mail, e-mail, telephone, SMS, or other means indicated by the client.
Retention of data. ITBacking will only keep personal information for as long as is absolutely necessary to accomplish the aforementioned goals. During the time that ITBacking is responsible for responsibilities arising from its relationship with the client, it may block the aforementioned data appropriately.
Exercise of rights. The user can at any time exercise the aforementioned rights over their personal data and revoke their consent to the aforementioned uses by writing to ITBacking at the address listed above or by emailing email@example.com with their request or right to exercise.
You can file a claim if you believe that the processing of your personal data is in violation of the regulations:to the people mentioned earlier who are in charge of ITBacking; or by mail to the Spanish Data Protection Agency at the following address: 6 C.P. 28001, C/ Jorge Juan, Madrid (Spain).
The remaining terms will remain in effect unless either party unilaterally decides to end the contractual relationship in the event that any provision of the client’s contractual conditions is found to be invalid by a court or other competent authority.
12. APPLICABLE LEGISLATION
Spanish law will be used to interpret and settle any disputes that may arise between the parties as a result of matters not covered by these general conditions.
Mediation in accordance with the provisions of Law 5/2012, of July 6, on mediation in civil and commercial matters and its implementing regulations will be used to resolve any disagreement or conflict between the parties regarding the interpretation and execution of the client’s contractual conditions that cannot be resolved through mutual agreement.
All of the above shall be understood without prejudice to the fact that both parties submit to the Courts and Tribunals of the City of Castellón, waiving their own jurisdiction, if any other. The current procedural regulations will be followed in the case of users or customers.