TERMS & CONDITIONS

Terms and Conditions

Last updated: May 20, 2021

Please read these terms and conditions carefully before using Our 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.

 

 

 

2.   INTRODUCTION

 

  1. These Terms and Conditions (the “Terms”) are a legal agreement between you (“Licensee”, “User” or “you” and its derivatives) and OPALYTICA. (“OPALYTICA” or “we” and its derivatives). These Terms govern your use of OPALYTICA’s website at https://opalytica.com, (the “Website”) and your access to and use of our products and services identified as JIKKO (the “Platform” or “App”) and OPALYTICA Consulting & Training Services (the “Service”). Except where specifically noted below, all references to the Platform include the Site as well. OPALYTICA’s Privacy Policy is described in our Privacy Policy page and details how we collect, use, and protect information about individuals.
  2. TO USE THE PLATFORM & THE WEBSITE, YOU MUST BE 18 OR OLDER (or the age of majority in the jurisdiction from which you are accessing the Platform and/or the Website), OR BE 13 OR OLDER AND HAVE YOUR PARENT OR GUARDIAN’S CONSENT. If you are a parent or guardian agreeing to these Terms & Conditions for your child, you are legally responsible for his or her use of the Platform and/or the Website. The Platform and the Website are not intended for anyone under 13 and individuals under 13 may not use them.
  3. By accessing or using the Platform and/or the Website, you represent and warrant that you have the legal right to do so, meet the age requirements in Section 1(b), and have the power to enter into a binding contract with us – either for yourself or on behalf of the entity on whose behalf you are using the Platform and/or the Website. YOU ARE REQUIRED TO AFFIRMATIVELY ACCEPT THESE TERMS & CONDITIONS WHEN INITIALLY SIGNING UP TO ACCESS THE PLATFORM AND AENGAGING LICENSES SUBSCRIPTIONS.
  4. These Terms do not apply to any third-party websites, services and applications (“Third-Party Services”) that you may access through the Platform and/or the Website, such as payment processors or messaging applications. We are not responsible for the content or practices of Third-Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third-Party Service you access through the Platform and/or the Website.
  5. We may change these Terms & Conditions at any time. When we do so, we will make a new copy of the Terms available on this page and will also inform you through the administration panel of the Platform and the Website, as applicable. Any changes to the Terms & Conditions will be effective immediately for new users and fifth teen (15) days after notice of such changes is posted on the Website for existing users.
  6. You may contact us using the contact form on https://opalytica.com/contact or write us at OPALYTICA SAS, 15 Rue des Halles, 75001 Paris, France ATTN: Legal with any questions you have about these Terms & Conditions, the Platform, the Website or our other services.

 

3.   PRODUCTS & SERVICES

 

3.1.           JIKKO LICENSES

 

  1. License. Subject to these Terms & Conditions, OPALYTICA grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: (i) access and use the functionalities of the Platform to manage your industrial operations & take decisions thanks to the 2 types of licenses handled by the platform: JIKKO Operator and JIKKO Management. The functionalities will be available depending on the plan selected based on the specifications described in https://opalytica.com/jikko-manufacturing-execution-system. (ii) access and use the data collected and the historical data you owns in the platform through the 2 types of interfaces with its respective modules.
  2. Restrictions. Except as explicitly permitted in these Terms & Conditions, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Platform to any third party, including on a service bureau or similar basis; (iv) remove, alter or deface proprietary notices or marks in the Platform or Documentation; (v) disclose the results of testing or benchmarking of the Platform; (vi) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vii) interfere with the Platform’s operation; (viii) use the Platform to violate the law or the rights of any third party; or (ix) attempt to do any of the foregoing. OPALYTICA may take any actions it deems reasonable, including denying access to Users, suspending any Account, or terminating your Subscription.
  3. Additional Features. An “Add-On” is an optional Platform feature available for an additional fee. Add-Ons are not required for the proper functioning of the Platform, may be subject to additional terms, and may be added to an existing subscription to the Platform. Add-Ons may include integrations to Third Party Services. Where Add-Ons have additional terms, you must accept such additional terms prior to accessing the Add-On.

 

3.2.           OPALYTICA SERVICES: CONSULTING & TRAINING

 

 

  1. Service. Subject to these Terms & Conditions, OPALYTICA offers you the “Service” (either Consulting and/or Training) through the Agreement that is: (i) in compliance with all applicable laws, regulations, codes of practice and professional standards; (ii) with reasonable skill and care; (iii) in accordance with the terms of this Agreement, including the timescales specified in Schedule 1 or any Statement of Works; (iv) in accordance with good professional practice.
  2. Restrictions. Except as explicitly permitted in these Terms & Conditions, you may not, directly or indirectly: (i) rent, lease, share, distribute, or sell the information, material, studies, designs, results and analysis to any third party or company, including on a service bureau or similar basis; (ii) remove, alter or deface proprietary notices or marks in the information, material, studies, designs, results and analysis; (iii) disclose the results of testing or benchmarking of the Training Service; (iv) circumvent or disable the Training Service’s security, copyright protection, (v) interfere with the Training Service’s operation; (vi) use the Training Service to violate the law or the rights of any third party; or (vii) attempt to do any of the foregoing. OPALYTICA may take any actions it deems reasonable, including terminating your Training Service.
  3. Obligations. Subject to these Terms & Conditions, OPALYTICA (i) shall use its reasonable endeavours to ensure that the same personnel provide the Service in order to maintain consistency and build a relationship with the Client; (ii) shall use its reasonable endeavours to ensure that its personnel comply with the Client’s site regulations when the Company’s personnel are on the Client’s premises. The “Client” (iii) shall not at any time during the term of this Agreement or for a period of 6 months following its expiry or termination employ or solicit for employment or engage on any basis any member of the Company’s personnel (whether employed or engaged on some other basis by the Company); (iv) The “Client” acknowledges the cost to the Company of losing and replacing any such person and the Client agrees that if it breaches the provisions of clause c.3, the Client shall pay to the Company by way of liquidated damages a sum equal to the greater of €50,000 and an amount equal to the person’s aggregate annual gross remuneration package; (v) The Client shall provide the Company with such information and access to such facilities and personnel as the Company shall reasonably require in order to provide the Consulting Service; (vi) The Client shall make such decisions and provide such instructions as the Company shall require and at the time that the Company requires to enable the Company to provide the Consulting Service; (vii) The Client acknowledges that the Company’s ability to provide the Consulting Services and to meet any timeframe agreed for the provision of the Services is dependent on the Client providing that information and access and providing those decisions and instructions at the times required by the Company.

 

 

4.   USE OF PRODUCTS & SERVICES

4.1.           USE OF JIKKO LICENSES

 

  1. Account. To access the Platform’s interfaces you must create an account (an “Account”) in the Platform. Every individual with such access is a “Direct User” and, unless the circumstance clearly indicates otherwise, all references to “you” in this Agreement apply to Direct Users. To create an Account a previous license assignation must be done by the Administrator. The Administrator will manage the license attribution to all “Direct Users” and will be responsible to manage the linked subscriptions. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform and the Website.
  2. Security. Each Direct User must establish login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. You must immediately inform OPALYTICA and/or your Administrator of any suspected unauthorized use of the Platform. OPALYTICA cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or unauthorized use of such credentials.

 

4.1.1.      DIRECT USER CONTENT

 

  1. General. You are responsible for all text, images, photographs, or other materials provided or uploaded by you or Direct Users associated with your Account to the Platform (“Direct User Content”). Direct User Content includes all content, the design and workflow, all data generated by or submitted to the Platform, and any comments, reviews, responses, or other information posted in any user forums or the equivalent. AS BETWEEN YOU AND OPALYTICA, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT, OPERATION, AND MANAGEMENT OF ANY JIKKO SITE OR OTHER DIRECT USER CONTENT TO WHICH YOU HAVE ACCESS (INCLUDING IF SUCH DIRECT USER CONTENT WAS PRODUCED BY OTHERS OPERATING ON YOUR BEHALF), AND YOU AGREE TO INDEMNIFY OPALYTICA FOR ANY CLAIMS, DAMAGES, COSTS, AND LIABILITIES ARISING FROM SUCH JIKKO SITE OR CONTENT. For each piece of Direct User Content that you submit, you represent and warrant that: (i) you have the right to submit the Direct User Content to the Platform and grant the licenses set forth in this Section 4; (ii) the Direct User Content does not infringe, violate or misappropriate any third party’s rights, including any copyrights, trademarks or other intellectual property rights and privacy rights; and (iii) the Direct User Content complies with these Terms, the Acceptable Use Policy and all applicable laws.

 

  1. End User Content and JIKKO Terms. If End Users are allowed to post content on JIKKO, such content will be deemed Direct User Content of the Direct User(s) who own the Account(s) associated with such JIKKO. Each JIKKO Site must include terms of use that are at least as protective of OPALYTICA, and grant the controller of the platform the same rights with respect to removal and treatment of End User content that OPALYTICA has with respect to Direct User Content set forth in these Terms.

 

  1. Review and Removal of Content. OPALYTICA is not required to review Direct User Content, but may determine, in our sole discretion, that certain Direct User Content violates these Terms. We may remove such content, suspend your Account, suspend access to the applicable JIKKO Site, or take any other steps that we deem appropriate in such case. Where applicable, OPALYTICA may still collect subscription fees from suspended accounts. OPALYTICA does not guarantee the accuracy, reliability or quality of Direct User Content. You acknowledge that by using the Platform, you may be exposed to content that you may consider offensive, indecent or objectionable. If you believe that any content on the Platform infringes a third-party copyright, trademark, or other intellectual property right, you may report the infringement.

 

  1. License to JIKKO. By posting, displaying, sharing or distributing Direct User Content on or through the Platform, you grant OPALYTICA, its affiliates, and any applicable Third Party Services a nonexclusive license to use such Direct User Content during the Term, solely for the purpose of operating the Platform and providing related services. OPALYTICA is acquiring no rights in the Direct User Content except for the limited license set forth above.

 

  1. Compliance and Preservation. OPALYTICA may access, preserve and disclose Account information and / or Direct User Content if OPALYTICA is required to do so by applicable law or if we believe in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms, (iii) respond to claims that any Direct User Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of the Platform, OPALYTICA, our employees, directors or officers, partners and agents, or members of the public.

 

  1. Ownership Disputes. Sometimes ownership of an Account is disputed between parties, such as a business and its employees, or a web designer and a client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account ownership and to transfer an Account to such owner. Our decision in that respect is final. If we feel that we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, credit card invoice or business license, to help determine the rightful owner.

 

4.2.           USE OF OPALYTICA SERVICES (Consulting & Training)

 

  1. Services. To access the Services you will receive a quotation from our sales teams. You will manage the Service attribution and will be responsible to manage the payment through the Website or a Direct Deposit. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform and the Website.

 

  1. Obligations. Subject to these Terms & Conditions, OPALYTICA (i) shall use its reasonable endeavours to ensure that the same personnel provide the Consulting Services in order to maintain consistency and build a relationship with the Client; (ii) shall use its reasonable endeavours to ensure that its personnel comply with the Client’s site regulations when the Company’s personnel are on the Client’s premises. The “Client” (iii) shall not at any time during the term of this Agreement or for a period of 6 months following its expiry or termination employ or solicit for employment or engage on any basis any member of the Company’s personnel (whether employed or engaged on some other basis by the Company); (iv) The “Client” acknowledges the cost to the Company of losing and replacing any such person and the Client agrees that if it breaches the provisions of clause c.3, the Client shall pay to the Company by way of liquidated damages a sum equal to the greater of €50,000 and an amount equal to the person’s aggregate annual gross remuneration package; (v) The Client shall provide the Company with such information and access to such facilities and personnel as the Company shall reasonably require in order to provide the Consulting Service; (vi) The Client shall make such decisions and provide such instructions as the Company shall require and at the time that the Company requires to enable the Company to provide the Consulting Service; (vii) The Client acknowledges that the Company’s ability to provide the Consulting Services and to meet any timeframe agreed for the provision of the Services is dependent on the Client providing that information and access and providing those decisions and instructions at the times required by the Company.

 

5.   OPALYTICA OBLIGATIONS

 

  1. Availability. OPALYTICA will use commercially reasonable efforts to make the Platform and the Website available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks that would not be stopped by the use of standard security measures.

 

  1. Security. OPALYTICA will employ industry-standard technical, logical, and physical security measures and practices for the Platform, the Website and any OPALYTICA systems on which Direct User Content (as defined in Section 4.1.1.(a)) is stored or processed designed to preserve the security and integrity of, and prevent unauthorized access to, the Platform, JIKKO Sites, and Direct User Content.

 

  1. Support. OPALYTICA will provide all Updates to the Platform and any Add-Ons applicable to your Account as and when they become available. Online documentation, manuals, and interactive training materials are available in our app and in our training service at https://opalytica.com/opalytica-training/. In addition, Users with paid Subscriptions have access to email support at support@opalytica.com. Before emailing support, we strongly recommend you check the various help and support pages and collaborative forums, as many questions received by our support team are addressed there. Support personnel respond to all emails during normal business hours (Weekdays from 9AM-7PM UTC+1), except for those requests impacting the normal operation of the Platform.

As part of our support, we count with a ticketing system embedded in our App. This ticketing support has 2 levels which are provided by :

L1 – Users Administrator: they will provide any support and help to direct users in order to answer to their questions and any issue related to configuration and functional usage.

L2 – OPALYTICA Support: we will provide any support related to technical topic. In this case, we count with the following service level agreement based on the severity of the request:

Bugs & Corrections, Technical Guidance & Questions

  • High – 24 hours
  • Medium – 48 hours
  • Low – 96 Hours

Improvements

  • Improvements are listed and prioritized in our roadmap

6.   OWNERSHIP

 

  1. Platform. Aside from the limited license granted to you in Section 2(a), Bubble retains all right, title and interest in and to the Platform, Documentation, and all Updates.
  2. Direct User Content. Except for the limited licenses granted to JIKKO in Section 4.1.1, as between the parties, you retain all right, title, and interest in and to your Direct User Content.
  3. Usage Information. OPALYTICA owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information includes information about JIKKO Sites and User Components incorporated into JIKKO Sites. Usage Information does not include any personally identifiable information or End User Information, but may include aggregated information derived from Direct User Content. Usage Information is used to contribute to analytical models used by OPALYTICA, to monitor and improve the Platform, and to perform Bubble’s obligations under this Agreement.

 

  1. Feedback. Any feedback, comments, or suggestions you may provide regarding us, the Platform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant OPALYTICA a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.

 

7.   THIRD PARTY MATERIAL

 

  1. Third Party Services. You are responsible for complying with the terms of use of all Third-Party Services applicable to your use of the Platform and the Website. OPALYTICA is not responsible for the performance of Third-Party Services.

 

  1. Third Party Content. OPALYTICA may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. OPALYTICA is not responsible for the accuracy or completeness of Third-Party Content. If OPALYTICA is required to remove Third Party Content, or is notified that certain Third Party Content may violate applicable law or third party rights, OPALYTICA may remove such Third Party Content without notice.

 

8.   FEES

 

8.1.           JIKKO LICENSES FEES

 

Any fees for Platform Subscriptions are due in advance, are automatically charged to your credit card, and will continue until cancelled. We will charge sales tax where applicable. We use Stripe to process payments and you must agree to their terms when entering payment information.

  1. Subscription. Access to the Platform is only available with a paid access plan (a “Subscription”). Subscription levels, features, and pricing are available at https://opalytica.com/jikko-manufacturing-execution-system/. Fees for Subscriptions (“Subscription Fees”) are due in advance for each billing period, with the initial payment due when you add a Subscription to your Account (the “Subscription Start Date”). All Subscription Fees and other payments or credits related to your Account will be made in accordance with the charges and billing terms in effect when such payment is due or funds are received. You must provide us with a valid credit card or other payment method that we accept (“Payment Provider”), prior to starting a Subscription. The list of payment methods that we accept are:
  • Stripe
  • Paypal
  • SEPA Direct Debit

You will promptly update your Account if there is any change to your payment information. Your Payment Provider agreement, and not these Terms, governs your use of the designated credit card or online transaction account. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us (and process all payments due to you as a Seller) without additional notice or consent. We may change our fees and billing practices at any time, either by posting notice of such change on the Site or notifying you within the Platform, provided that any pre-paid fees for Services not yet completed will not be affected by such change.

  1. Automatic Renewal. Subscriptions will automatically renew at the rates then in effect until cancelled as set forth in Section 9(c). By subscribing, you authorize us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due or we may terminate your Subscription.
  2. Duration. Any subscription has a 1-year duration. Both monthly and yearly payments must be engaged for one year at least.
  3. Cancellation. Subscriptions may be cancelled at any time by going to the “Plans and Billing Information” section of your “Account” page or by contacting us via email at support@opalytica.com. The 1-year subscription duration must be respected in all the cases. The subscription will automatically renew for an additional year at the then-current price for the selected Services unless cancelled prior to the anniversary of the applicable Subscription Start Date. Cancelled Accounts will immediately lose access to paid features on the Platform upon cancellation, including connection with any custom interfacing you may have set up.
  4. Taxes. “Sales Tax” means any sales or use tax, and any equivalent tax measured by sales proceeds that we are required to pass through to our customers. Sales Tax is automatically calculated and added to all orders where applicable. To the extent applicable, all payments for the Services will be made free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to us will be your sole responsibility.
  5. Payment Services. We use Stripe and PayPal for payment services (e.g., card acceptance, merchant settlement, and related services). By paying for a Subscription or a User Component, you agree to be bound by Stripe’s and PayPal’s Privacy Policy:

and authorize us, Stripe and/or PayPal to share any information and payment instructions you provide with your Payment Provider and any other Third Party Service provider(s) solely required to complete your transactions.

 

8.2.           JIKKO EARLY ADOPTER PROGRAM

 

Our JIKKO early adopter program contains 3 phases:

  • Beta test with unlimited free licenses for 1 month (including 8 hours of free services)
  • Proof of Concepts/Prototype with unlimited licenses for 3 months at 4,500€ for a basic plan or 10,000€ for a basic plan and manufacturing scheduling module (including 20 hours of free services)
  • Engagement of a subscription (monthly or yearly payment) with a reduction of 20% of services fees (if monthly payment) or 35% reduction (if yearly payment).

These options are independent and can be grouped for any customer.

Each of these phases will contain a specific contract except for the subscription engagement where we will provide a reduction coupon for services fees.

 

8.3.           OPALYTICA SERVICES FEES

 

The fee for the Service is as specified in the service contract provided by OPALYTICA based on a specific quotation.

  1. Quotation. Fees are based on the OPALYTICA’s current assessment of costs and are subject to customer needs and characteristics (location, expertise, sector, …).
  2. Purchase order. A purchase order in consulting days must be provided in advance in order to schedule OPALYTICA resources. This order is mandatory to engage any type of service.
  3. Payment. Payment of the fee shall be in the manner specified in the Proposal.
  4. Completion. Completion of the work shall be deemed to have taken place when such work as described in the proposal has been carried out. At this stage full payment of the fee shall become due.
  5. Should the contracted work be delayed or suspended at the request of or through and default of the client for a period exceeding 4 weeks, OPLAYTICA shall be entitled to payment of the fees resulting from all the work carried out up to and including the end of the period.
  6. Payment Terms. Payment terms are strictly 30 days from the date of the invoice unless agreed beforehand.
  7. Interest rate. If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge interest at the rate of 2% per month on the outstanding amounts.
  8. Assessments. Payment for diagnostic assessment is required on completion of assessment report.
  9. Planning. Payment for further work will be agreed with the customer and made once milestones are completed.
  10. Invoices. Invoices will be raised by OPALYTICA when the planned work is completed.
  11. Invoice issue. Payment of the invoices will be within 30 days of issue.

 

9.   CANCELLATION & REFUND POLICY

 

9.1.           JIKKO LICENSES CANCELLATION & REFUND

 

JIKKO subscriptions, are non-refundable. If you cancel your subscription, all of your features (from any plan or add-on), will expire at the end of your billing cycle which will continue respecting the subscription duration.

 

9.2.           OPALYTICA SERVICES CANCELLATION & REFUND

 

OPALYTICA Services, are non-refundable after the service is provided. If you cancel your purchase order before the service is provided, the refund will be made in the 30 days after the notice. If there is any travel expense already engaged and it cannot be cancelled, the client will take cost of these charges.

 

10.               CONFIDENTIAL INFORMATION

 

  1. General. “Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (i) is marked or identified as “confidential” or with a similar designation, or (ii) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, Documentation, and Usage Information is OPALYTICA Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.

 

  1. Use. Each party will: (i) only use Confidential Information to fulfill its obligations hereunder and/or as contemplated by these Terms and the Privacy Policy; (ii) only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially similar to this Section 10(b), and (iii) maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care. The obligations in this Section 10(b) will apply during and for five (5) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.

 

  1. Exceptions. Confidential Information does not include information that is: (i) publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; (ii) rightfully learned by recipient from entities not bound to keep such information confidential, (iii) independently developed by recipient; or (iv) approved for unrestricted disclosure by the disclosing party. In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party’s expense).

 

11. TERM AND TERMINATION

 

You may terminate these Terms at any time by cancelling your subscription and stopping use of the Platform. We may terminate them for your breach, including failure to pay.

  1. Term. These Terms will remain in effect for so long as you access the Website or use the Platform (the “Term”).
  2. Termination by OPALYTICA. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if we are required to do so by law (e.g., where the provision of the Platform becomes unlawful), we may, immediately and without notice, suspend or terminate your Account. We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the Term then in effect within thirty (30) days of the date of termination.

 

  1. Termination by You. Subscriptions may be cancelled at any time by going to the “Plans and Billing Information” section of your “Account” page or by contacting us via email at support@opalytica.com. Following the termination date of your Subscription, these Terms will no longer apply to you unless (and only to the extent that) you access the website.
  2. Effect of Termination. Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate. Sections 7, 10, 11(d), and 12 through 15 will survive the termination or expiration of this Agreement for any reason.

 

12. DISCLAIMER & LIMITATION OF LIABILITY

 

JIKKO is provided without any warranty, e.g. we do not claim or guarantee legally that we are bug-free. You are responsible for all costs and damages we suffer as a result of your content or breach of these Terms. 

 

  1. WARRANTY. THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. OPALYTICA MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. OPALYTICA DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR WORK WITHOUT INTERRUPTIONS.

 

  1. However, OPALYTICA will always keep a continuous improvement approach providing solutions & corrections to bugs and bringing improvements in the service level agreement.

 

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