SOFTWARE TERMS OF USE AND LICENSE AGREEMENT

domx for Business

NOTE: By installing and using the “domx for Business” application, you automatically and unconditionally accept the following Terms of Use as well as the License Agreement. For this reason, we urge you to read the following Terms and License Agreement carefully. If you disagree, do not use this application; otherwise, you accept them unconditionally and grant your consent.

This License Agreement (LICENSE) is a legally binding agreement between you (a natural or legal person) and the company under the name “DOMX PRIVATE CAPITAL COMPANY” and the distinctive title “DOMX”, headquartered in the Municipality of Kalamaria in the Regional Unit of Thessaloniki, legally represented, which will hereinafter be referred to as the COMPANY, for the product “domx for Business” that accompanies this LICENSE and which will hereinafter be referred to as the PROGRAM. The lawful user of the above PROGRAM is solely the entity or person in whose name the relevant tax document (invoice/receipt) has been issued, to whom alone this agreement applies, whose company details may be listed under the “My Company” option of the PROGRAM, and who will hereinafter be referred to as the CUSTOMER.

If you use the PROGRAM in any way, you automatically and ipso jure declare that you agree to the terms of this LICENSE and are bound by them, simultaneously acknowledging that you do not retain the right of withdrawal under Law 2251/1994, due to the full provision of the service by the COMPANY following your prior request and explicit consent. If you do not agree with the terms of this LICENSE, do not use the PROGRAM. The PROGRAM is protected by Greek, European, and International Intellectual Property Law, and you are granted only the License for its use, subject to the following terms of use:

A. DEFINITIONS

  • PROGRAM: A data processing program accessible via a web browser from various types of terminals (computer, tablet, mobile phone) and from a mobile application (domx for Business), for which the COMPANY is the exclusive owner of the intellectual property rights.
  • USER(S): The number of users for whom the CUSTOMER acquires the LICENSE with a given duration, as stated on the relevant tax document, who have the right to simultaneous access to the PROGRAM, each with their unique access password.

B. ELECTRONIC FORM

The current electronic version of the LICENSE has the validity of an original document and constitutes full proof of the matters stated therein. In any case, it is recommended that the holder print and keep it alongside the product purchase receipt from the COMPANY.

C. OBJECT OF THIS LICENSE AGREEMENT

The COMPANY grants the CUSTOMER, who accepts it, the non-exclusive LICENSE to use the PROGRAM, conditional upon the proper payment of the agreed fee. The granted LICENSE is non-transferable (with or without consideration to any third natural or legal person) and is valid for the agreed number of users and time period. The CUSTOMER must protect the confidentiality of the PROGRAM and its data, and must not disclose, make available, transfer, contribute, or assign the PROGRAM or any part of it to third parties in any form. The CUSTOMER is solely responsible for the data they enter and process through the PROGRAM, and declares and guarantees that the natural and legal persons employed by the CUSTOMER have been informed regarding the collection, processing, and transfer of their data to third parties contracting with the CUSTOMER, as well as the lawful basis for this processing and transfer (performance of a contract under Article 6(1)(b) of the GDPR). The PROGRAM incorporates an automatic identification function to verify its permitted use by the CUSTOMER, based on the unique access password of each USER. The entry/use/renewal of the Special Security Code is required periodically for the COMPANY to conduct checks aimed at ensuring permitted user access and the proper use of the Program and/or its Improved Versions (Releases).

D. DURATION

The duration of this LICENSE is specific, agreed upon, and explicitly stated for each USER on the product purchase receipt from the COMPANY. Upon expiration of this duration and failure of the CUSTOMER to renew it in a timely manner, the right to use the PROGRAM automatically and ipso jure ceases, and the CUSTOMER ceases to be its lawful user. In any case where the CUSTOMER is inconsistent with their obligations arising from this agreement (financial and non-financial), the COMPANY reserves the right to cancel this LICENSE.

E. ACTIVATION

This LICENSE is valid only after the activation of the access accounts for each USER of the PROGRAM. Activation may require sending information to the COMPANY regarding the CUSTOMER’s business (Company Name, VAT Number, Telephone, email, manager’s full name, business logo, etc.). The CUSTOMER accepts the storage and processing of these details by the COMPANY upon requesting to begin using the PROGRAM.

F. COMPANY OBLIGATIONS & DECLARATIONS

  1. The COMPANY is obliged to activate the CUSTOMER’s access to the PROGRAM and supporting materials (if any) on the date stated on the issued tax document.
  2. The COMPANY guarantees the good operation of the PROGRAM from the date access is activated. “Good operation” of the PROGRAM refers to its operation according to its specifications, which the CUSTOMER has already accepted.
  3. The COMPANY is obliged to maintain confidentiality and not transmit to any third party, in any way, the data and information concerning the CUSTOMER that it may become aware of within the framework of their cooperation.
  4. The COMPANY has the right to market and grant the License for the PROGRAM and its Improved Versions, which are products of its exclusive intellectual property, and enjoys protection and the proprietary right of exploitation according to the provisions of Law 2121/93.
  5. The PROGRAM can execute the functions described in its respective user manuals provided it operates in the recommended environment and equipment, as stated in the user manual or on the corresponding section of the COMPANY’s website.
  6. The PROGRAM fully complies with the Laws and Regulations governing its functions as they apply at the time it is made available to the CUSTOMER.
  7. The PROGRAM and its Improved Versions are distributed and licensed for use “as is”. The COMPANY does not guarantee that the PROGRAM will meet the CUSTOMER’s requirements, nor that it will operate on any equipment or environment or in connection/interoperability with any other programs chosen by the CUSTOMER, nor that the operation of the PROGRAM will be uninterrupted or error-free. The COMPANY assumes no obligation to correct any defects or to pay compensation for the restoration of any damage or harm to the CUSTOMER.
  8. The COMPANY bears no responsibility for any damage or harm to the CUSTOMER that may be caused by the following indicative cases: (a) Misuse of the PROGRAM by the CUSTOMER or use of the PROGRAM on equipment and in an environment that does not meet the required specifications, (b) Intervention in the PROGRAM by persons not authorized by the COMPANY, (c) Failure by the CUSTOMER to perform daily “backup” tasks, (d) Malfunction of the equipment hosting and/or serving the PROGRAM, (e) Lack of interoperability of the PROGRAM with any other application, (f) Failure by the CUSTOMER to ensure unimpeded internet access to use the PROGRAM.
  9. The COMPANY is in no case liable to the CUSTOMER for any direct or indirect damage or harm caused by or related in any way to the PROGRAM or other objects or services provided for by this LICENSE, beyond and up to the maximum limit of the purchase price of the PROGRAM from which the damage originated, as stated on the issued tax document. The CUSTOMER explicitly agrees that the COMPANY’s liability is limited to this amount, and the COMPANY is not further liable for any other damage that may be caused.
  10. The COMPANY bears no responsibility for the format, legality, and validity of the data entered by the CUSTOMER into the PROGRAM (indicatively and non-exhaustively: contact details of the CUSTOMER’s clients and partners, details of their facilities, photos, and files uploaded by the CUSTOMER, etc.).

G. CUSTOMER OBLIGATIONS & DECLARATIONS

  1. The CUSTOMER is obliged to use the PROGRAM exclusively for their own needs and must not transfer or assign its use in any way to any third party. The use of the PROGRAM must be exclusively for lawful purposes and in a manner that does not restrict or prevent its use by third parties.
  2. The CUSTOMER is not permitted to adapt, translate, or break down the PROGRAM into its component parts, or create derivative works from it. Furthermore, the CUSTOMER may not modify, adapt, translate, or create derivative works based on the printed material.
  3. The CUSTOMER is obliged to regularly execute the “backup” process to obtain secure copies of the data entered into the PROGRAM, solely at their own responsibility for security reasons and to prevent data loss, as well as to allow remote access by the COMPANY’s technicians to the CUSTOMER’s account to provide support services. The retention and use of the backup copy are subject to the terms of this agreement. The title of DOMX P.C., trademarks, intellectual and/or industrial property rights, and any related restricted use notices present on the PROGRAM shall also be reproduced on said copy. Copying the user manual and any other related material is prohibited unless the COMPANY provides written approval for such copying.
  4. The CUSTOMER must not use the PROGRAM beyond the number of USER accounts they have activated, must not alter its functional parameters, and must operate it on appropriate equipment and within a suitable operating environment to meet the minimum requirements outlined in the respective user instructions, ensuring its unimpeded and efficient operation. Furthermore, they must secure adequate and uninterrupted internet access for the PROGRAM’s operation, possessing the necessary equipment for this type of connection to ensure optimal connectivity.
  5. The CUSTOMER may not assign this LICENSE and/or transfer, assign, encumber, or otherwise dispose of their rights to the PROGRAM, or any material or copy thereof, to any third natural or legal person, with or without consideration. The renting, leasing, and general resale or transfer of the Software in any way (free of charge or for payment) by the Customer is explicitly prohibited.
  6. The CUSTOMER, explicitly accepting that the PROGRAM belongs exclusively to the COMPANY, is obliged to keep it confidential and make every effort to comprehensively protect its content as well as the content of any part of it.
  7. The CUSTOMER is not permitted to reverse assemble (reverse engineering), disassemble, decompile the PROGRAM, or restore it to the form it had prior to encoding (decoding), destroy, alter, or delete its copy-protection method if it is protected, or make any intervention in any part or files of the PROGRAM. In general, any intervention in this PROGRAM beyond its use for the purpose for which it was created is explicitly prohibited.
  8. The CUSTOMER declares that they have already verified and confirmed before acquiring the LICENSE that the various functions and functionality of the PROGRAM meet and cover their needs/requirements, and the selection of the PROGRAM implies acceptance of its capabilities and the limits of its functional characteristics.

H. FINANCIAL TERMS

  1. In exchange for the provision of this LICENSE and the means and services to achieve it as described above, the CUSTOMER must have settled their financial obligations as defined in the issued tax document. If the CUSTOMER delays the payment of the fee for this LICENSE and/or any other financial obligation they may have to the COMPANY, the COMPANY reserves all its legal rights.
  2. In the immediately preceding case, the COMPANY will be entitled, without prior notice, to deactivate the unique access passwords for the number of users for whom the CUSTOMER acquired the LICENSE, through which the PROGRAM’s upgrades are performed, and to interrupt any other provision to the CUSTOMER.
  3. A right of withdrawal is accepted within 14 days.

I. PERSONAL DATA

  1. The COMPANY informs the CUSTOMER, pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 (hereinafter “GDPR”), that it processes their personal data (if they are a sole proprietorship or a natural person) and/or processes the personal data of the natural or legal persons employed by the CUSTOMER in the PROGRAM, and/or solely for the purposes of providing the operation and technical support of the PROGRAM, and always under the terms and conditions herein.
  2. Types of personal data processed by the COMPANY: When using the domx for Business application, we collect two main types of personal data: A) Personal identification data of the Customer using the application and the declared users, specifically:
    • Any kind of Customer identification details: (e.g., full name, home address, postal code, email address, contact telephone, VAT Number, competent Tax Office), provided to us by the trading partner or their representatives for identification and communication purposes. If the Customer is a legal entity, any kind of personal data of the natural persons employed by the CUSTOMER (application users). In this case, the CUSTOMER declares and guarantees that the aforementioned persons have been informed regarding the collection, processing, and transfer of their data to third parties contracting with the CUSTOMER, as well as the lawful basis for this processing and transfer (performance of a contract under Article 6(1)(b) of the GDPR).
    • domx account details: when you download and use the PROGRAM, you will be asked to register with us and create an account. Your account details include your username, password, and contact details, such as your name, address, and email.
    • Transaction details: records of the products and services you purchase from us.
    • Payment information: credit/debit card details and bank account details you provide to pay for the products and services you purchase from us.
    • Delivery, installation, and service information for the PROGRAM.
    B) Personal data of third parties, which the customer enters at their own responsibility into the domx for Business application. Specifically: During the use of the “domx for Business” PROGRAM, the CUSTOMER enters into the application personal data of third parties contracting with them (indicatively and non-exhaustively: contact details of the CUSTOMER’s clients and partners, details of their facilities, photos, and files uploaded by the CUSTOMER, etc.). The above data is stored in the cloud. The COMPANY does not keep the above files stored in its own database, nor does it use or transmit them in any way, unless necessary for the COMPANY to comply with its legal obligations. The COMPANY bears no responsibility for the format, legality, and validity of the data entered by the CUSTOMER into the PROGRAM.
  3. Purpose of Processing: (i) Within the framework of the License, the registration of the CUSTOMER as the lawful beneficiary to use the PROGRAM and direct communication between the COMPANY and the CUSTOMER, (ii) provision of support services to the CUSTOMER, if applicable, (iii) execution and monitoring of the proper execution of the cooperation agreement between the COMPANY and the CUSTOMER, (iv) protection of the COMPANY’s intellectual property rights and combating piracy, (v) maintaining a record of the beneficiaries using the PROGRAMS and extracting financial/commercial/statistical or other data and elements regarding the use of the PROGRAM, (vi) compliance with the Law and execution of legal rights and obligations imposed by Law.
  4. Lawful Basis of Processing: Execution of this LICENSE, provision of support services, and provision of Improved Versions of the PROGRAM.
  5. Data Retention Period: Data is kept throughout the duration of this LICENSE, as agreed upon and explicitly stated on the product purchase receipt from the COMPANY, or in the case of a trial period, throughout the trial period. It may also be kept for an additional six (6) months after the expiration of this LICENSE for any reason. The Company reserves the right to retain its customers’ personal data for as long as required by national legislation to ensure its legitimate interests, as well as for archiving purposes, taking all necessary measures for their protection.
  6. Recipients and Transfers:
    • 6.1. Our company does not transfer your data to third parties unless it is necessary for the provision of our services or is mandatory by law. In this case, the transfer of your personal data is done to the extent necessary for the stated purposes.
    • 6.2. The main recipients of the personal data we collect are the following:
      • Public Authorities: The Company may transmit personal data to judicial, administrative, tax, customs, arbitration authorities, or other public regulatory bodies and lawyers if necessary to comply with legislation and/or to establish, exercise, or defend its legal interests.
      • Third Parties-Partners: The Company may assign part or all of the aforementioned processing to third-party processors, e.g., IT services, accounting firms, as well as to installers or technicians who undertake to install, provide, or support domx products and services.
      • Delivery Companies: For the delivery of our products that you have ordered.
      • Market Research: Occasionally we may ask our market research partners to contact our customers to help us learn how to improve our products and services.
      • Third-party Partners: In some cases, you may have purchased our product through a third-party partner, who may have combined these products with their own capabilities, such as applications or service offerings from your energy provider. Such associated operations may require all or part of your personal data to provide you with all or part of their functionalities. By consenting to the provision of services for such products, you automatically opt in and allow us to share your personal data with such third parties.
    • 6.3. We do not disclose personal information to anyone other than those mentioned above. We may provide third parties with aggregated statistical information and analytical information about the users of our products and services, but we will ensure that no one can be identified from this information before we disclose it.
    • 6.4. Under no circumstances will we disclose data to third parties not identified here for advertising purposes.
    • 6.5. The personal data we collect and process as part of providing our services may be transferred to and stored in countries outside the European Union. In these cases, we make sure to take all reasonable steps to ensure that your personal information is used only in accordance with this privacy policy and applicable European data protection legislation.
  7. Technical and organizational measures for the protection of the personal data we process: The Company implements appropriate technical and organizational measures to ensure the appropriate level of security, including inter alia: a) Use of equipment located in an environment that ensures controlled physical access to it, adhering to high-security standards, b) Protection of equipment via Firewalls, controlling and restricting electronic access to it, c) Continuous monitoring of equipment and software by automated systems, d) Security Codes for access to all systems, compliant with strict standards and pseudonymization during data transfer, e) Controlled access to personal data and the servers hosting them only by company executives tasked with this role, f) Automated backup mechanism ensuring data recovery capabilities, g) Actions to inform company personnel about the procedures and applicable legislation.
  8. The CUSTOMER is informed regarding their right to exercise the rights arising from Articles 15 (“right of access by the data subject”), 16 (“right to rectification”), 17 (“right to erasure”-“right to be forgotten”), 18 (“right to restriction of processing”), 20 (“right to data portability”) of the GDPR, concerning the Processing of their Data by the COMPANY, with the latter reserving the right to wholly or partially refuse a relevant request where such refusal is permitted or imposed by Law, especially when this request conflicts with these terms.
  9. For any issue regarding the processing of their personal data, the CUSTOMER may contact the COMPANY’s Data Protection Officer at the email address info@domx.io. The CUSTOMER is informed that, as a data subject, they retain the right at any time to file a complaint and appeal to the competent Supervisory Authority (Hellenic Data Protection Authority, Kifissias 1-3, P.C. 11523 Athens, www.dpa.gr) in the event of any potential violation of their Personal Data legislation, or in the event of a lawful and reasonable objection on their part regarding the manner their data is Processed.

J. ADDITIONAL TERMS – JURISDICTION

  1. The COMPANY reserves the right at any time, following a six-month (6-month) notice, to discontinue the availability of the PROGRAM as well as the availability of Improved Versions (Releases) of it, along with the provision of support services related to it.
  2. For any dispute that may arise during the interpretation or execution of this LICENSE, the competent Courts of the city of Thessaloniki shall have exclusive jurisdiction, to which both the CUSTOMER and the COMPANY agree and decide to submit their disputes.
  3. These terms may not be altered or modified except in writing, confirmed by the signature of both parties.

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