FREE TRIAL TERMS & CONDITIONS

Free Trial Terms and Conditions

Last updated: September 09, 2021

Please read these terms and conditions carefully before using Our Free Trial Service.

 

Welcome to OPALYTICA – the company that leads digital transformation revolution in industrial operations. OPALYTICA offers a SaaS (Software as a Service) solution to manage industrial operations, consulting services to help industrial companies to increase digital operations efficiency & performance and training services improve digital skills & expertise in industrial operations teams.

Our terms & conditions are below:

 

LEGAL OBJECT

 

This website is developed by:

OPALYTICA SAS

15 Rue des Halles, 75001 PARIS

SIRET: 89154375300018

TVA N°: FR 25 891543753

 

The Website is hosted by:

Infomaniak

Rue Eugène-Marziano 25, 1227 Genève, Suisse

+41 22 820 35 44

https://www.infomaniak.com/

 

Our JIKKO app is hosted by:

Amazon Web Services

https://aws.amazon.com/

 

The Publisher Director is:

Daniel QUIJANO

CEO & Founder OPALYTICA

 

Customer Service can be contacted:

By email: contact@opalytica.com

By visiting this page on our website: https://opalytica.com/contact/

 

1.   GLOSSARY

 

“Agreement” – This Agreement including each and every Statement of Works;

“Data Protection Legislation” – the General Data Protection Regulation (EU 2016/679).

“Deliverables” – the outputs from the provision of the Services including those described in Schedule 1 or in any Statement of Works.

“Intellectual Property Rights”  –  all patents, rights to inventions, utility models, copyright and related rights, trademarks, trade, business and domain names, rights in goodwill and to sue for passing off, rights in design, rights in computer software, database right, moral rights and other intellectual property rights, in each case whether registered or unregistered and including all applications for and all renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world.

“Statement of Works” – a statement agreed between the Company and the Client from time to time specifying works to be carried out by and deliverables to be provided by the Company.

“Terms” – the terms defined in the following statements between the Company and the Client.

“Licensee”, “User” or “you” – the user or the client using the platform or the service.

“OPALYTICA” or “we” – the platform or service provider.

“JIKKO”, “App” or “Platform” – Our Manufacturing Execution System provided as SaaS (Software as a Service).

“License” – the license related to one of JIKKO plans or add-ons.

“Website” or “Site” – The website hosted by OPALYTICA.

“Account” – The account provided by OPALYTICA to the direct users to access to the Website and/or the Platform.

“Service” – the services to be provided by the Company as specified in Schedule 1 or in any Statement of Works.

 

 

 

FREE TRIAL AGREEMENT

 

  1. Between the parties

     

    The customer hereinafter referred to as “the Company”

     

     

    AND

     

     

    OPALYTICA SAS, a simplified joint stock company with a capital of 5,000 €, whose registered office is located at 15 Rue des Halles, 75001 Paris,France, and registered with the RCS of Paris under number 891 543 753.

    hereinafter referred to as “the Service”, or “OPALYTICA”.

     

    Article 1: Object of the contract

    The purpose of this Agreement is to make the JIKKO Basic licenses available (leasing) to the Company by OPALYTICA with the objective of using JIKKO – Manufacturing Execution System for the management and control of the operations, production and/or industrial processes of the Company.

    The Company has a range of services offered (consulting or training) up to 8 hours. Any additional hour will be billed in proportion to the price of one day of consulting or training as specified in article 3.

     

    Article 2: JIKKO licenses

    Through this AGREEMENT, the Company obtains 20 limited, non-exclusive, non-transferable, and non-sublicensable, access and use, non-commercial licenses (10 JIKKO Management and 10 JIKKO Operator) for JIKKO Plus. These licenses do not include any right of resale or commercial use of JIKKO’s services, or of its content or the information generated therein.

     

    Some modules can or could be in development. The customer declares he is aware of this fact and will be collaborative in the matter of releasing specific modules to increase added value to our future customers.

     

    The text, brands, trade names, commercial presentation, logos, images, graphics, photos, video files, application features, or any other material published on JIKKO, as well as the source of the code itself belong to OPALYTICA and are protected by the rules of intellectual, property and copyright, or in their absence OPALYTICA has been duly licensed by its owner.

     

    Any development or new opportunity identified and developed in the app will be property of OPALYTICA.

     

    Article 3: Fees

    OPALYTICA’s fees for this assignment include a fixed part (the retainer) and a variable part (the service fees). The agreed fees and percentages are exclusive of tax.

    Retainer

    For the purpose of leasing costs of 20 JIKKO licenses, Company is not liable for any value due from participation on Free Trial.

    Service fees

    In return for the provision of a consulting service and / or training additional to the free time included in this contract, the Company is liable for a commission of 50 € / Hour (HT) [consulting/training fees for Latin America] .

    Rules

    The fees will be paid to OPALYTICA when providing the OPALYTICA service to the Company.

    Payment will be made by the Company upon receipt of an invoice, issued at the amount excluding tax and made without discount.

     

     

    Article 4: Travel expenses

    Any travel costs (hotels, travel, catering, transport) related to the use of free or paid consulting and training services will be calculated excluding standard fees and will remain the responsibility of the Company. They will be engaged after validation by the latter.

     

     

    Article 5: Information obligations

    The Company undertakes to regularly communicate to OPALYTICA any information likely to generate changes or impacts on this contract.

    It also undertakes to inform OPALYTICA as soon as possible (10 working days) of any oral or written agreement likely to generate changes or impacts on this contract.

     

     

    Article 6: Responsibility & commitments

    From OPALYTICA:

     

    • Provide the licenses of the JIKKO software, as a leasing service, in accordance with the conditions stipulated in the commercial offer forming part of this contract.
    • Provide technical support on JIKKO remotely either physical, by phone, email or chat at OPALYTICA’s discretion.
    • Keep the confidentiality of all information shared by the company or its collaborators during the provision of the service.
    • The other responsibilities named in this CONTRACT and in the General Terms & Conditions of OPALYTICA.

     

     

    From the Company:

     

    • As part of the benefits and commitments associated with using JIKKO in a Free Trial, the Company may use features and new functions before the rest of the users, being able to perform all of its features for a period of time. limited in order to detect errors in the beta version of the software or possible improvements, that it undertakes to inform OPALYTICA as soon as it detects them. In this sense, it is the obligation of the Company, to communicate to OPALYTICA all the experience acquired within the framework of the use of JIKKO and the Company undertakes to transfer free of charge to OPALYTICA the rights to any idea, plan, project or improvement that may result from this experience. To this end, a weekly meeting of 30 minutes will be organized to summarize the errors and any improvements detected.

     

    • The Company accepts the use of the image and the trademark by OPALYTICA to promote the use of JIKKO with other customers.

     

    • The client undertakes to generate at least 3 comments from the point of view of the system and the service offered on the CAPTERRA platform via the following link: https://www.capterra.com/p/215545/JIKKO/

     

    • Likewise, the Company must comply with the other obligations that are on its behalf in this contract and in the Terms & Conditions of OPALYTICA.

     

     

    Article 7: Duration of the Agreement

    The mission of this Agreement will cover a period of 1 month which will take place from the order and bill generation. This contract may be followed by the Company (in the case the Company decides to continue with JIKKO Basic) with a contract which concerns a paying a subscription in a monthly or yearly basis through our website www.opalytica.com.

     

    OPALYTICA will take 24 to 48 hours to create the environment in JIKKO for the customer. In any case, OPALYTICA will have the rights to cancel the customer order or deny Free Trial participation for any customer if OPALYTICA considers a violation or a risk in terms of confidentiality, know how or data protection.

     

     

    Article 8: Grounds for Termination

    Grounds for termination. The contract will end due to the occurrence of one or more of the following events:

     

    1. By decision of OPALYTICA if OPALYTICA considers a risk or a violation of confidentiality, know how or data protection by the company
    2. By mutual agreement between THE PARTIES.
    3. By the manifestation of one of the PARTIES of its intention to withdraw voluntarily from the performance of the contract, for which it must notify the other party within ten (10) days before the end of the contract.
    4. Due to force majeure. Mainly due to the technical inability of OPALYTICA to continue providing the service due to failures in the execution of JIKKO. In this case, no compensation will be generated for any of the Parties.

     

    If the reason for termination, the termination deadlines or the obligations are not respected by the Company, the Company undertakes to reimburse 50% of the cost of the licenses allocated (sales price excluding VAT determined in our general conditions of sale)

     

    Once the contract is terminated, within the following fifteen (15) days, THE PARTIES agree to formalize in writing the termination of this contract and to put an end to the obligations arising therefrom.

     

    Article 9: Exclusivity

    During the execution of this Agreement, the Company undertakes not to entrust to any third party actor, competitor or having the vocation to carry out missions similar to those of this Agreement, responsibilities which could interfere with the missions entrusted to OPALYTICA.

     

    Neither party may assign this CONTRACT to a natural or legal person, unless it has previously obtained the written authorization of the other party, the latter being able to reserve to itself the reasons it may have for refusing the assignment.

     

     

     

    Article 10: Confidentiality

    OPALYTICA undertakes to keep strictly confidential all documents directly concerning the Company which it has communicated. Public information, already published, or provided to OPALYTICA without a confidentiality clause by a third party will not be considered as confidential documents.

     

    By using JIKKO, as well as any other information software, the Company accepts and is fully aware that in order to operate the Service, OPALYTICA must be able to access, read, generate backup copies, transfer between servers in the cloud or host on servers in the cloud, compile, transform, encrypt and, in general, technically operate with the information that the Company enters in JIKKO. For this reason, OPALYTICA is committed to providing a secure technological infrastructure under generally accepted industry conditions (aligned with GDPR rules), to operate and protect Company information. The Company declares that in the event of the entry of personal data of third parties into JIKKO, it is responsible for obtaining the corresponding authorizations in accordance with the legislation in force. The Company accepts that OPALYTICA defines, in its best judgment, the technology that it will use to store and process them as well as the fact that they are hosted on cloud servers located in France, United States or in other country.

     

     

    Article 11: Communication

    If the planned transaction is successful, OPALYTICA will be associated and cited in the advertising that will be made and OPALYTICA may mention this transaction in its own advertising communications.

     

    The Company accepts the use of the image and the brand by OPALYTICA to promote the use of JIKKO with other customers through its communication.

     

     

    Article 12: Invalidity

    If any provision of this AGREEMENT is invalid, the rest will remain in effect as long as the subject matter remains valid. If the above occurs, THE PARTIES will make their best efforts to agree as closely as possible to the provisions which replace those which are not valid.

     

     

     

    Article 13: Modifications

    No modification or modification of this AGREEMENT will be considered valid unless it is in writing and signed by THE PARTIES or their duly authorized representatives.

     

     

    Article 14: Integration of documents

    The commercial offer of JIKKO which has been accepted by the Company and the general conditions of JIKKO form part of this contract.

     

     

    Article 15: Applicable law – Competent court

    This Convention expresses all the obligations of the parties. It is governed by French law. Any resulting dispute, which cannot be resolved amicably, will be settled by the Paris Commercial Court.

     

    Article 16: General Terms & Conditions

    This Convention expresses, in addition, a respect of the general terms and conditions https://opalytica.com/terms-conditions/.

 

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

Terms and Conditions for OPALYTICA