These Terms and Conditions of Use govern the contracting and use of the RepCamp MOBILE service owned by Kriter Software, S.L., a Spanish company with registered office at Calle Pablo Iglesias, 63, PB1 Mataró (Barcelona) and tax identification code B-58918012. Registered in Barcelona Companies Registry in Volume 22,549, Sheet 0007, General Section, Page 38,732 Entry 12.
1. Definitions
- Service: this refers to RepCamp MOBILE, Software as a Service (SaaS) designed to manage sale processes through mobile devices.
- Kriter: this refers to Kriter Software, S.L.
- Customer: the self-employed or legal person who takes out a Plan.
- Plan: the commercial conditions under which the Customer takes out the Service. Each Plan comprises a maximum number of possible Users; the cost per user; a maximum number of products and customers to be managed; etc. The details of each Plan can be viewed here.
- User: the natural person, of legal age, who is authorised to use the Service. Each Plan includes a maximum number of possible Users.
- Owner User: the natural person who takes out and administers the Plan in the Customer’s name.
- Invited User: The natural person who receives an invitation from the Owner User to use the Service as part of the Plan taken out by the Customer.
2. Contact details
If you would like to contact our sales team, please send an e-mail to sales@repcamp.com
To contact our technical support team, please send an e-mail to support@repcamp.com
Any complaint or legal notice can be sent to legal@repcamp.com
3. Modifications
Due to the effort made to constantly develop the Service, Kriter reserves the right to modify or update the Service and these Terms and Conditions of Use at any time. When the modification or update implies a substantial modification of service conditions entered into by the Customer (e.g., price variations), the latter will be notified thereof at least 30 days before it comes into effect. The Customer shall be notified by means of an on-screen warning or email, as a minimum. If no objection is received from the Customer within that term, the Customer will be deemed to have accepted the modification or update made.
You can view the latest version of these Terms and Conditions of Use at http://www.repcamp.com/terms at any time.
4. Taking out a Plan
The Owner User must create an account in the Customer’s name by registering on www.repcamp.com. Once the Owner User has completed registration, they will have access to an Account Management Page, where they will be able to take out the Plan offered by Kriter that is most appropriate for them.
The Owner User can change the Plan or take out additional Plans on the Account Management Page. Changing to an inferior Plan may result in loss of functionality and access to content. Kriter accepts no liability for damages the Customer or User may suffer as a result.
5. Inviting other Users to join a Plan
On the Account Management Page, subject to the limitations of each Plan, the Owner User may invite other Users (Invited Users) to use the Service as part of a particular Plan contracted by the Customer.
If the User who receives the invitation is not registered for the Service, he/she must do so before being able to make use of the invitation.
6. Cancelling a Plan or User account
Users must cancel by using the Account Management Page. When Users confirm cancellation of the Plan or account, they will lose access to them and the entire content will be automatically deleted with the exception of the content that Kriter has to keep by law. Users should export the data stored in the Service prior to cancellation if they want to keep it.
7. Information provided by the User
The data and information entered by the User should be exact, up-to-date and truthful. Users will be responsible at all times for the data and information they supply to the Service.
8. The User’s Password
The User’s password is personal and non-transferable. Use of the Service by a User identified by his/her password will be considered to have been performed by the User who, in any case, will be responsible for said use. In any case, any action Users perform on the Service after having been identified by their password will be deemed to have been signed by the User in a manner equivalent to an electronic signature.
9. Rules for use of the Service
Users undertake to use the Service, as well as its entire content, in accordance with the law, morality, public policy and these Terms and Conditions of Use, and not to use it to carry out unlawful or criminal activities.
The User thus makes undertakings such as but not limited to:
- Not adding or spreading content that is racist, xenophobic, pornographic, supportive of terrorism or that infringes human rights.
- Not introducing or spreading data programs (viruses or harmful software) on the network that may cause damage to the access provider’s computer systems, those of its suppliers or those of third-party users of the internet or the Service.
- Not spreading, communicating or making available to third parties:
- any kind of information, element or content that infringes fundamental rights and public freedoms recognised in the constitution and in international treaties;
- Information, elements or content that constitute unlawful or unfair advertising;
- Unsolicited or unauthorised advertising, “junk mail”, “chain letters” or “pyramid schemes”.
- False, ambiguous or inaccurate information and content that misleads the recipients of the information;
- Any information, element or content that infringes intellectual and industrial property rights, patents, trademarks or copyright;
- Information, elements or content that infringe the secrecy of communications or the personal data protection legislation.
- Not impersonating other Users by using their Service access username and password.
The User undertakes to hold Kriter harmless in relation to any claim, fine, punishment or penalty that it may have to bear as a consequence of the User breaching any of the aforementioned usage rules. Kriter also reserves the right to claim damages.
10. Charges and forms of payment
The Charges applicable to each Plan can be viewed here. Unless otherwise expressly stated, these Charges, which refer to the price per user per month or user per year, do not include the applicable VAT.
The Charge shall be paid monthly or yearly in advance through Stripe (www.stripe.com). The Plan’s monthly or yearly billing cycle will begin on the date on which the Customer has taken it out through the Owner User.
No reimbursement will be paid except in cases in which the Customer changes to a superior Plan, in which case the amount proportionate to the unused days of the month or year for the prior Plan will be reimbursed. The superior Plan’s monthly or yearly billing cycle will begin on the date on which the Customer has taken it out through the Owner User.
In cases in which the Customer switches to an inferior Plan no reimbursement will be paid. The inferior Plan’s monthly or yearly billing cycle will begin once the cycle for the Plan in effect at that time ends.
11. Non-paying Client
In the event that the Client fails to make payment of the corresponding Charge in due time and in manner, Kriter shall notify the Client of said circumstance and give the Client a period of 5 calendar days from the reception of the notice to remedy such breach. In case the Client does not remedy such breach within the aforementioned period, the Service provided to the Client and Users shall be suspended. The Client will have a new period of 30 calendars days to: (i) remedy the breach and restore access to the Service; or (ii) export the data stored in the Service prior to its automatic deletion.
12. Intellectual property
The Service and the elements of which it is made up, meaning, by way of example, the texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as its graphic design and source code are the intellectual property of Kriter. With regard to content added or published by the Customer or User on the Service, the latter shall continue to holds all rights over it and accept all liability in the event of such content infringing the rights of any third party.
The RepCamp® trade mark is the property of Kriter Software, S.L. and no right over it may be considered to have been assigned to the Customer or User.
The Customer and User know and accept that the content they upload or add to the Service may be viewed from mobile devices connected to it.
13. Cancellation of dormant Free Plans
When Kriter detects that a Free Plan taken out has had no activity in it for six consecutive months, it will notify the Customer or User and give them a 30-day term to export the data before the Plan is cancelled.
14. Liability
Kriter accepts no liability for damages caused to the User’s software and computer equipment during use of the Service or any damages of any kind caused to the User as a result of failures or disconnections in telecommunications networks that cause the suspension, cancellation or outage of the Service during or prior to provision of it.
Kriter neither warrants nor makes any representation concerning the Service’s fitness for the Customer’s purposes.
The Customer and User know and accept that the Service currently offered is in Beta stage. Consequently, Kriter reserves the right, at its discretion, to immediately prevent, restrict or cancel access to the Service by any Customer or User. Likewise, Kriter may temporarily suspend or permanently cancel provision of the Service at its discretion alone and with no need for prior notice. In such cases, Kriter will not be bound to pay any compensation for any damages the Customer or User may suffer.
In any case, Kriter’s liability will be limited to the direct damages that the Customer or User may suffer due to wilful misconduct, only when caused directly by Kriter and excluding loss of profit and consequential damage. In any case, Kriter’s economic liability will be limited to the price actually paid by the Customer or User in the Service’s last monthly cycle.
15. Protection of personal data
The Customer’s data and those of the persons representing it in contracting of the Service will be included in a file owned by Kriter to manage and control provision of the Service, as well as to keep them informed, even through electronic means, of Kriter’s products, services and news. Affected persons may exercise their rights of access, rectification, erasure and objection or revoke their consent for receipt of such commercial communications by sending an e-mail to legal@repcamp.com
Moreover, Kriter will be considered the processor of all of the personal data that the Customer and Users authorised thereby add to the Service during use thereof. Kriter undertakes:
(i) Not to apply or use the personal data accessed for purposes other than mere provision of the Service or assign them, even for safekeeping, to other unauthorised persons; (ii) Not to subcontract the processing of data to third parties without the Customer’s express, written consent. The Customer knows and accepts that the Service is hosted in Ireland by Amazon Web Services, Inc.; (iii) To maintain professional secrecy concerning the data processed even after relations with the Customer have ended; (iv) Kriter shall take all necessary technical and organisational steps to guarantee the security of your personal data and prevent their alteration, loss, processing or unauthorised access; for that purpose it will apply the basic security levels in Royal Decree 1720/2007 of 21 December, approving the regulations developing Organic Law 15/1999 of 13 December on the protection of personal data or whichever regulations may replace it; (v) To transfer the obligations referred to in this clause to the personnel that Kriter uses to provide the Service; (vi) Once provision of the Service has ended, the Customer will have 30 days to export all of the data hosted on the Service. Once that term ends, Kriter must delete all of the personal data in its systems to which it may have had access, destroying any media or documents that contain any processed personal data, except for that which Kriter must keep for the periods set forth in the applicable legal provisions or as long as liabilities may arise from its relationship with the Customer and (vii) To comply with any other obligation in accordance with the aforementioned regulations in force.
16. Severability
If any Clause in these Terms and Conditions of Use is declared void or without effect, in whole or in part, such voiding or lack of effect will only affect that provision or the part thereof that is void or without effect. These Terms and Conditions of Use shall remain in force with regard to the rest and the provision shall be treated as if it were not included in whole or in part.
17. Applicable law and jurisdiction.
These Terms and Conditions of Use shall be governed and interpreted in accordance with the laws of Spain. Any dispute that may arise regarding the Service or these Terms and Conditions of Use shall be submitted to the courts and tribunals of the city of Barcelona, Spain.