Information technology service provider.
These terms of service (the “Terms”) regulate access and usage of the application MOSS and the services offered through it (the “Service”) by Doalitic S.L., address Campus de Espinardo 7, Edificio CEEIM, Murcia (Spain), C.P. 30100, tax no. (CIF in Spain) B73893943 (“DOALITIC”) and registered in the Murcia Business Register, volume 3128, sheet 168, page MU-89329, with registration no. 1.
Use of the Service by means of a paid Subscription or during a Free Trial implies acknowledgment and acceptance of these Terms.
Introduction to the service.
The Service launches, sets up and/or monitors User’s servers and related infrastructure on third party providers, performing different system administration tasks. The Service is offered in different Plans that differ in terms of features, price, and support level.
The current version of the Contracts is available in the website of MOSS. By registering an account providing an email address, the User accepts the Contracts including all provisions in this document.
Changes in the contracts.
DOALITIC reserves the right to modify the Contracts without previous notice, including (but not limited to) the amount, features and price of the Plans in which the Service is offered. If you do not wish to accept the new Contracts, you must not keep using the Service and may ask DOALITIC to deactivate your account.
DOALITIC may notify you that the Contracts have changed by the means DOALITIC deems appropriate; e.g. through email. Your continued use of the Service will imply full acceptance of the new Contracts, whose current version is available in the website of MOSS.
Third party applications.
You understand and acknowledge that DOALITIC does not support nor it is responsible for the behavior, features or content of third party services nor any transaction that you might perform with the providers of such services.
You may use the Service, provided that you are of legal age to form a binding contract and are not barred from receiving such service under the laws of Spain or other jurisdictions.
In using the Service, you will comply with, and refrain from violations of, all applicable provisions of the Spanish laws or other jurisdictions.
In order to access the Service, you are required to provide current and factual identification, contact, and other information as part of the registration process.
You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify DOALITIC of any unauthorized use of your account or any other breach of security. DOALITIC will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are solely responsible for all content and activity of the servers and websites managed by the Service. DOALITIC is not responsible in any way for such content or activity.
DOALITIC provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Service, users, and third parties from acts that would be inimical to the purposes of the Contracts.
You shall not use any method to circumvent the provisions of the terms of service, or to obtain services in excess of those for which they contract with DOALITIC.
You are restricted from registering multiple accounts with the same billing details without first notifying DOALITIC of that intent to ensure that accounts aren’t automatically flagged as possibly fraudulent. Without notification such accounts may be treated as abuse and/or fraudulent which would lead to suspension of service.
You are responsible for the acts of others utilizing your Service access, and will be held responsible for violations of the Contracts by your sub-users or persons who gain access to the Service using your access codes. Any activity that is prohibited from performing by this policy is equally prohibited to anyone using your Service access. Accordingly, you agree to take the following actions to control the activities of those who connect to the Service by any means.
You will utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins, passwords, and verifying the trustworthiness of persons who are entrusted with account access information.
You will notify all persons who receive Service access of the provisions of the Contracts, and will inform them that its terms are binding upon them.
You commit to take all actions you deem appropriate to ensure control and quality of use of the application for the persons you provide with Service access.
You will notify doalitic if and when they learn of any security breaches regarding the service, and will aid in any investigation or legal action that is taken by authorities and/or doalitic to cure the security breach.
DOALITIC may suspend or terminate the Service and this agreement immediately upon receipt of any lawfully issued notice from a court having jurisdiction over DOALITIC, alleging the use of the Service to accomplish violations of law, pending the resolution of the relevant court proceeding. When subjected to lawful process requiring disclosure, DOALITIC may disclose the User’s identity and contact information, and DOALITIC shall not be liable for damages or results thereof, and User agrees not to bring any action or claim against DOALITIC for such disclosure.
DOALITIC may suspend or terminate any account without refund by a User that violates the provisions of the Contracts, as DOALITIC may deem appropriate to the circumstances of the violation. DOALITIC will provide prior notice of the intent to suspend or terminate Service if the provision of notice will not, in DOALITIC ‘s judgment, run counter to the purposes of the Contracts.
DOALITIC reserves the right to terminate a User’s account if it is targeted by malicious activity from other parties.
You may use the Service free of charge during an initial period of fourteen (14) consecutive days.
You will be billed the Subscription Fee that corresponds to your Plan as the Free Trial period ends, provided the Subscription has not been previously canceled.
Subject to User’s timely payment of the Subscription Fee and in compliance with the terms and conditions of the Contracts, DOALITIC shall provide the User with the Service during the Subscription Term. Unless cancelled, the subscription will renew at the end of the applicable Subscription Term.
DOALITIC will not reimburse the Subscription Fee.
All invoices are denominated, and User must pay in U.S. Dollars (USD). User will be billed at the beginning of the Subscription Term.
You may cancel your Subscription at any time, preventing it from renewing after the end of the current Subscription Term.
Payments not made within ten (10) days of invoicing will be deemed unpaid. DOALITIC will cancel the Subscription and suspend the Service for all User accounts with unpaid invoices.
You will not receive any reimbursement if your Subscription is cancelled.
DOALITIC may remove all data you entered into the Service after the Subscription is cancelled. You understand and accept that you are solely responsible for keeping an updated copy of such data.
DOALITIC will make any reasonable effort to keep the Service available according to the terms set forth in this document; through own or third party servers, in which the Service will be installed and the User will be allowed to use it.
DOALITIC will make any reasonable effort to keep safe all User’s sensitive information.
DOALITIC’s staff will not use any credential or password provided by the User to the Service, unless the User gives express consent for using them.
DOALITIC provides the User with an online support service to answer questions and solve issues related with the Service. The support service is available from Monday to Friday at 9:00-14:00 and 15:00-18:00 (Spain peninsular time), during workdays according to the applicable work calendars.
The support service only refers to the Service exclusively, not the servers and applications of the User, or the third party services the User might have contracted.
DOALITIC’s support team will not log into any server of the User unless express consent has been given to analyze a special situation, including (but not limited to) a security breach found in the Service.
DOALITIC will not be responsible in any way of the consequences that might result from actions taken by the User by indication of DOALITIC’s support team, including (but not limited to) any information loss or lack of availability of User’s own servers and/or applications. The support team is not aware of every bit of information about User’s systems and is not responsible of them.
The various Plans in which the Service is offered provide different support levels. The support team will prioritize Users subscribed to a Plan with higher support level.
User expressly understands and agrees that all use of the supported software is at user’s sole risk and that the supported software and support services are provided “as is” and “as available”. doalitic makes no express warranties and disclaims all implied warranties regarding the supported software or support services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, together with any and all warranties arising from course of dealing or usage in trade. no advice or information, whether oral or written, obtained from doalitic or elsewhere shall create any warranty not expressly stated in this agreement. without limiting the generality of the foregoing, doalitic does not represent or warrant to you that: (a) user’s use of the supported software or support services will meet user’s requirements, or (b) user’s use of the supported software or support services will be uninterrupted, timely, secure or free from error. notwithstanding the foregoing, nothing herein shall exclude or limit doalitic ‘s warranty or liability for losses which may not be lawfully excluded or limited by applicable law. user understands and acknowledges that the supported software is not designed, intended or warranted for use in hazardous environments requiring fail-safe controls, including without limitation, operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems.
Limitation of liability.
User expressly understands and agrees that doalitic shall not be liable to user for any direct, indirect, incidental, special consequential or exemplary damages incurred by user, however caused and under any theory of liability, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. the foregoing limitations on doalitic’s liability shall apply whether or not doalitic has been advised of or should have been aware of the possibility of any such losses arising. notwithstanding the foregoing, nothing herein shall exclude or limit doalitic ‘s liability for losses which may not be lawfully excluded or limited by applicable law.
The total liability of doalitic arising out of or related to this agreement will not exceed the amounts paid by user for the service under the applicable plan in the twelve (12) month period immediately preceding the event giving rise to the liability.
You may direct DOALITIC any complain, claim or suggestion about the Service towards the email address firstname.lastname@example.org. DOALITIC will study all requests and will take the measures it deems appropriate in each case.
The reception of the communication provisioned in this clause will not imply, according to the Spanish Law of Information Society Services, the effective knowledge by DOALITIC of the activities and/or contents stated by the User.
The relationship between DOALITIC and the User will be regulated by applicable Spanish normative and any controversy will be subject to the courts of the city of Murcia. If you decide to use the Service outside Spain, you must take into account that you do so on your own initiative, and that you are responsible to comply with applicable local laws.
Unless it is stipulated in these Contracts, if for any reason or to any extent, any clause of the Contracts is considered invalid or not enforceable, said invalidity or lack of enforceability shall not affect or cause invalidity or lack of enforceability of the remaining clauses of the Contracts, and will enforce the application of said clause to the extent permitted by law.
The User agrees to indemnify and hold harmless DOALITIC against any damage, loss and expense of any kind (including costs and reasonable attorney’s fees) arising out of User’s misuse of the Service.
If you have any question about the Service or the Contracts, please get in touch with our support team:
Address: Doalitic S.L. Campus de Espinardo, 7 30100 Murcia (Spain)