VBOTE INNOVATION SL, with NIF B-98408982 with address at C / Fuencaliente, 4 bajo. 46023 Valencia, Valencia Mercantile Registry, volume 9417, page 166, page V-146728, registered on January 13, 2012 under the 1st entry. Hereinafter VBOTE.
This document of general contracting rules, instructions, technical aids and other documentation related to TWEEM are written in Spanish.
The object of this Contract is the granting by VBOTE to the CLIENT of a license to use the TWEEM Software to the CLIENT, which allows him to use it according to its functionality and technical characteristics and with service level guarantees regarding maintenance, daily operation and support. of the TWEEM Software licensed to the CLIENT.
The TWEEM Software, of whose intellectual and / or industrial property rights VBOTE is the exclusive owner and owner, and whose main functionality is the EMPLOYEE'S PORTAL AND APP for managing communication with Human Resources in the company.
TWEEM provides services as EMPLOYEE PORTAL AND APP to registered users in its database, which are any employee of CLIENT (i) whom CLIENT has authorized to access and use the TWEEM Software and (ii) assigned a unique combination username and password to access and use the TWEEM Software.
The data and information stored and managed by the TWEEM Software are, including, but not limited to, personal data, corporate documents, corporate communications and messages, employee working hours registration, vacation registration.
As consideration for the license to use the TWEEM Software and associated services, CLIENT will pay VBOTE the corresponding price according to the rates indicated on the Rates page of the website https://tweem.com/tarifas-tweem .
The computers, networks and TWEEM Software on which the CLIENT will have access to the TWEEM Software need to meet certain technical requirements in order to function properly. These requirements are: Devices with an internet connection. Latest versions of Google Chrome, Edge and Firefox browsers. PDF file readers and spreadsheets for downloading TWEEM information. For apps, devices must use Android 5.0, and iOS 8 or higher operating systems.
The technical requirements of the TWEEM Software may also vary from one version of the product to another. There is also the possibility that by expanding to new modules the requirements necessary to be able to access TWEEM Software with the new modules will grow.
VBOTE will try as far as possible that the original technical requirements remain unchanged, however, this is not always possible and it is possible that in new versions of TWEEM Software the necessary resources will be superior to the previous ones. In this sense, VBOTE recommends that the CUSTOMER not adhere strictly to the minimum access and use requirements that Software TWEEM needs to be able to function and dedicate more resources than strictly necessary, which on the one hand will allow a more relaxed operation of Software TWEEM and on the other, it can save time and money in future extensions.
Once the terms and conditions of this user license agreement have been accepted, through the automated registration and account creation process, VBOTE will provide the CUSTOMER with the identifiers and passwords for accessing the TWEEM Software to access and use it. Being the CUSTOMER from said delivery the person in charge of its custody, delivery to legitimate users and good use of both the identifiers and passwords as well as the documentation and systems of VBOTE.
The CLIENT will access and use the TWEEM Software by accessing VBOTE's servers remotely through a secure channel, VBOTE being responsible for adapting TWEEM Software to the security requirements, infrastructure and operational requirements of the application.
CLIENT admits and agrees that VBOTE may carry out any technical support action derived from the ordinary and / or extraordinary maintenance tasks of the application, the Service being temporarily interrupted.
In any case, the CLIENT must adopt the necessary confidentiality and security measures to maintain the duty of secrecy of the access identifiers and passwords, being responsible to VBOTE for any access or improper use of the application derived from the lack of adoption of said security measures and in general of the uses that the people to whom said access codes are communicated make through the TWEEM Software.
Likewise, the CLIENT must notify VBOTE, as soon as possible, of the loss, theft or unauthorized use of the identifiers and passwords supplied. This communication will be made in writing to the addresses and contact persons listed in this contract.
The previous communication will also be required when the CLIENT has a simple suspicion of such facts, VBOTE may in this case temporarily suspend access to the application for the time necessary to grant new identifiers and passwords in order to guarantee the proper use of the application. .
In any case, VBOTE will not be responsible for the lack of access and use by the CLIENT derived from changes or modifications by the CLIENT of the technical, infrastructure and operational requirements necessary to access the application in accordance with the conditions established in this contract and in the technical documentation provided by VBOTE.
VBOTE will take care of the program updates and resolve the specific incidents that have arisen during the update.
TWEEM Software will be available 24/7, including holidays, via remote access. However, VBOTE reserves the right to temporarily interrupt the access and use of the tool if this is due to maintenance, security, improvement or other circumstances necessary to guarantee the proper functioning of the application.
Attention to the CLIENT's user will be carried out through the following means:
Email: info@tweem.com
Function of 'Send comment or suggestion' within 'My profile' of the user in TWEEM
Telephone: 96 325 68 79
VBOTE is the exclusive owner of the intellectual property rights that fall on the TWEEM Software. Through this contract, VBOTE grants the CLIENT a license with the number of active users assigned to the CLIENT in the TWEEM database, under the following conditions:
1. TWEEM will be installed on the VBOTE server and may be used exclusively by the CLIENT by users duly authorized to do so. VBOTE reserves the right to carry out user registration control audits in order to verify that TWEEM Software is used in the terms strictly provided in this contract and by the users expressly authorized to do so.
2. The prohibition of any other reproduction of the TWEEM Software program than the use permitted under this Agreement.
3. Altering any part of the TWEEM Software to correct errors or modify its functionality is also prohibited. For the correction of errors, the CLIENT may request the provision of these services to VBOTE.
4. CLIENT undertakes not to carry out, for any purpose and in no case, reverse engineering, reprogramming of TWEEM Software or modification of any nature.
5. The CUSTOMER is expressly prohibited from transferring, transferring, leasing, or selling the TWEEM Software as well as any act of disposition, temporary or permanent, free or onerous, the CUSTOMER being solely responsible for the consequences derived from such actions. In the event that the transfer is carried out as a result of the dissolution or change of ownership of the CLIENT due to the purchase or sale of its shareholders, this circumstance must be duly justified and accredited by the CLIENT to VBOTE who, where appropriate, must state your consent in writing and expressly to the transmission of this contract and use of the application.
6. The CLIENT may not make or authorize the making of successive versions of the TWEEM Software or programs derived from it.
CLIENT must respect the industrial and intellectual property rights held by VBOTE and / or third parties on the drawings, models, images, graphics, logos, trademarks and other distinctive and / or identifying signs of Software TWEEM, without this enumeration being understood as limiting character. Any use of the assets indicated above without limitation, must be expressly authorized by VBOTE or its legitimate owners.
CLIENT must:
Respect VBOTE's intellectual or industrial property rights over the TWEEM Software licensed and ensure that Authorized Users also comply with this obligation.
Pay VBOTE the monthly or annual amounts, according to the modality chosen by the CLIENT, corresponding to their license. Otherwise, VBOTE may suspend the use of the TWEEM Software and the services associated with it.
Provide the infrastructure and technical conditions necessary for the correct access and use of the TWEEM Software in accordance with the conditions established in this Contract and the technical documentation provided by VBOTE.
Use the TWEEM Software responsibly, for the uses that it is designed and under the conditions established in this contract and user manuals, without attempting to exceed its capabilities or functionalities and in the terms and with the scope provided in this Contract and the aforementioned documentation. .
Establish adequate repair plans, as well as data recovery and contingency plans, including replacement procedures, and generally adopt all appropriate measures to prevent any harmful consequences due to the use of the TWEEM Software.
Custody and secrecy of user names and passwords and in case of loss or breach of security, notification to VBOTE. The actions or events prior to such notification that are derived from an unauthorized use of the password or identifiers will be the sole responsibility of the CLIENT.
Failure to comply with the duties established in this clause will be cause for termination of the Contract.
VBOTE must:
Have the TWEEM Software available to the CLIENT for their use, in accordance with the requirements, functionalities and service levels agreed in this Contract and accompanying documentation.
10.1 Definition: Under this Agreement, the parties may have access to each other's Confidential Information. "Confidential Information" is understood, for the purposes of this Agreement, any written, reproducible and / or visual material labeled as private, confidential, or with words of similar meaning; all information revealed orally or visually that, by its nature, any person using reasonable business judgment would understand as confidential; any information of any nature that is described in this Agreement as confidential; any information qualified as such by the disclosing party at the time of disclosure; as well as the interfaces of the TWEEM Software, the security of the system and the design of the architecture of the system in relation to the services.
The Confidential Information of the parties includes, without limitation, the services and any TWEEM Software be it source programs or executable code, documentation, non-public financial information, prices, business plans, techniques, methods, processes and the results of any proof of performance of the services or the TWEEM Software and personal data contained in the TWEEM Software responsibility of the CLIENT. For such purposes, neither party shall disclose Confidential Information unless such disclosure must be made to advisers, accountants, lawyers, investors (or potential investors), and possible acquirers of any of the parties who have a reasonable need to know such information. , provided that said third parties, prior to accessing such information,
10.2 Exclusions: Confidential Information will not include information that: (a) is or becomes public knowledge without being attributable to the receiving party by action or omission; (b) is in legal possession of the receiving party prior to disclosure; (c) is legitimately disclosed to the receiving party by a third party without restrictions on disclosure; or (d) is independently developed by the receiving party, provided that such independent development can be demonstrated by written evidence.
10.3 Use and disclosure: The parties, during the duration of the Contract and even after it is concluded, will not make the Confidential Information of the other available to third parties, nor will they use the Confidential Information of the other for purposes other than the exercise of their rights and fulfillment of their obligations under this Agreement. Each party shall take all reasonable steps to ensure that the other's Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement, and in no event will either party employ less effort to protect the Confidential Information of the other party who employs to protect your Confidential Information of similar importance.
Notwithstanding the foregoing, Confidential Information may be disclosed when required by law or a legal process, provided that before disclosing said information the disclosing party informs the non-disclosing party of the request for the information sufficiently in advance to allow the non-disclosing party to exercise any right it may have to challenge or limit the origin of providing said Confidential Information.
Both parties are obliged to comply with the obligations established in the current regulations regarding the protection of personal data that correspond to them.
In the event that the use of the TWEEM Software and the provision of associated services to the CLIENT requires access by VBOTE to personal data that is the responsibility of the CLIENT, the obligations established for this purpose in the treatment order contract will apply.
The parties declare and guarantee that the conclusion of this Contract does not violate the right of any third party or imply the breach of any agreement or prior commitment signed by them.
They also have all the rights, permits, authorizations and licenses necessary for the conclusion of this Contract as well as for the development of their respective corporate purposes, being in full compliance with the conditions and obligations attributed to them in relation to said permits, authorizations and licenses, without having any derivative file or litigation in progress; and they have not been declared in bankruptcy and no procedure or request has been initiated or is pending to declare the bankruptcy status of any of them, nor has any declaration of bankruptcy status been requested or obtained with respect to any of them.
The declarations and guarantees of the parties contained in this section are made by both on the date of signing this Contract and both parties are obliged, under it, to keep them for each day until its termination.
VBOTE does not guarantee the suitability of the use of the application for a specific purpose other than that contained in the technical documentation delivered to the CLIENT.
VBOTE guarantees that the TWEEM Software is original and that its use by the CLIENT and / or the Authorized Users, in accordance with the Contract, does not violate any legal provision, contract, right or property of third parties, being VBOTE the sole owner of the patrimonial rights of intellectual and industrial property that fall on the application.
The following are causes for termination of this Contract, among others:
The end of the initially agreed term or any of its extensions. The mutual agreement. The unilateral withdrawal of the CLIENT. Unilateral resolution for serious breach of any of the obligations assumed by the parties in this Contract provided that, being rectifiable, the breach has not been corrected within 30 days from the summons by the performing party. For these purposes and without limitation, the breach of the obligations indicated in clause Tenth will in any case be considered a serious breach of the parties.
The unilateral termination of the contract by one of the parties in the event of non-compliance based on the causes cited in this clause, will be understood to have been carried out and will take full effect upon receipt by the other party of a communication in this regard issued by the party that push resolution.
In the event of unilateral withdrawal by the CLIENT, the latter may withdraw from the Contract at any time provided that he / she has paid the annual or monthly payment corresponding to the year / period in which the withdrawal is made and any other amounts generated from the same or other exercises and pending payment to VBOTE.
However, despite the termination of the Contract for any reason, the provisions relating to Intellectual and Industrial Property and Confidentiality will remain in force with respect to the particular effects provided for in them.
Upon the resolution or termination of this Agreement, the right of CLIENT and Authorized Users to access and use the TWEEM Software will terminate immediately; CLIENT and Authorized Users must immediately cease all use of the TWEEM Software, and each party must return and stop using Confidential Information, materials, or other items (and copies thereof) belonging to the other party.
After the termination of the contract, VBOTE will keep the data on the CLIENT's Working Hours Record for four years from the date of the last daily record of the CLIENT's employees' working hours. VBOTE will guarantee the security and immutability of said information during the four years to comply with the legal precepts emanating from Royal Decree-Law 8/2019, of March 8, on urgent measures of social protection and the fight against job insecurity on the working day. job.
Upon termination of the Contract, whatever the cause, CUSTOMER will have 30 calendar days from the next calendar day on which the Contract is understood to be resolved to access the services in order to export and recover the CUSTOMER Data hosted in the TWEEM software.
Likewise, within said period of 30 days, CLIENT may request VBOTE in writing to deliver the most recent copy of the CLIENT's Data. The Data will be delivered in csv format and will be sent via email if technically possible or in the format and / or delivery method proposed by the CLIENT if it is accepted by VBOTE. In the event that CLIENT requests an encrypted copy of the Data, VBOTE may request the payment of a plus. In any case, with respect to the personal data housed in the TWEEM Software, the provisions established for this purpose in the Treatment Order Contract that may be included as an annex to this Contract will apply.
© Spain 2020. All the exploitation rights on this TWEEM software are reserved to VBOTE INNOVATION SL, the sole exclusive owner of the same.
It is forbidden for third parties to exercise any right over the TWEEM Software such as without this enumeration being understood as limiting, the reproduction, distribution, disclosure, use, public communication, transformation or others, without the express written authorization of VBOTE INNOVATION SL