JCM CLOUD CONDITIONS
The proprietor of the CloudAssistant web application (hereafter referred to as CloudAssistant or the App, without distinction), is JCM Technologies, S.A., with Tax Id no. ES. A-08.827.974 and registered office at Calle Costa d’en Paratge, 6 B, Pol. Ind. Sot dels Pradals, 08500 Vic, Barcelona, Spain and entered in Barcelona Mercantile Registry at Tome 20.824, Folio 36, Sheet B-12.779 (hereafter referred to as the Proprietor).
Depending on the functionality required by the CloudAssistant user, this can include the use of programmes that the user has to download and install in the devices from which he wishes to access CloudAssistant.
The Proprietor makes CloudAssistant available to any user who, in compliance with the conditions of the CloudAssistant licence of use, accesses CloudAssistant with the main purpose of:
- Managing installations and the devices where they are installed.
- Programming the devices for installations.
- Add/remove emitters to or from the programmed equipment.
- Enquiring about events.
- Programming access hours.
- Managing groups of emitters allocated to maintenance.
- Transferring the changes made in CloudAssistant to the physical devices.
hereafter referred to as CloudAssistant Functionalities.
General Conditions and Licence of Use
1. Identification of the parties
1.1. The General Conditions and Licence of Use set out here are signed, on the one hand by JCM Technologies, S.A. (hereafter referred to as the Proprietor), as proprietor of the CloudAssistant application (hereafter referred to as CloudAssistant or the App, without distinction), a web application which permits the CloudAssistant Functionalities described above through a web browser, and on the other by the user, understood as the physical or legal person that, freely and voluntarily, accesses CloudAssistant, independently of whether or not using the services and tools offered in CloudAssistant at any time. The use of CloudAssistant may also require the download and installation of a programme to allow the transfer of data introduced by the user in CloudAssistant to the physical devices.
1.2. The user, on accessing CloudAssistant, accepts these Conditions in what may be applicable to any Internet user who, simply, accesses CloudAssistant. When registering the user also accepts them and submits without reservation to everything set out here. The Proprietor recommends reading this document with care and attention and also checking regularly on its contents.
2.1. The main purpose of CloudAssistant is to permit the user access to the CloudAssistant Functionalities.
For this reason it is essential to be registered.
2.2. The use of and registration in CloudAssistant is subject to payment of a regular quota with the frequency decided by both parties.
2.3. At present, you cannot include any payment method in CloudAssistant.
2.4. CloudAssistant is designed to be used in certain mobile devices with access to Internet. However, CloudAssistant does not itself include access to Internet or to mobile telephone networks, so that the user has to pay a price to the Internet access provider or the appropriate mobile operator. Enquire beforehand for your provider’s access conditions and prices.
2.5. We inform you also that in the future CloudAssistant may include publicity for ourselves or for third party enterprises.
3. Intellectual and industrial property and licence for use
3.1. By virtue of accepting these Conditions and provided that the user meets all his obligations under the terms of these Conditions or any other conditions that may be applicable, the Proprietor grants the user a right of use over CloudAssistant, as CloudAssistant is offered at any time, not exclusive, with no possibility of assignment or sublicence, worldwide and for all the time that CloudAssistant remains installed in the user’s device or that the user accesses CloudAssistant via the web, by virtue of which:
The user is authorised for access to CloudAssistant and for the unlimited download of programmes associated with CloudAssistant and their installation in the user’s devices, although measures may be implemented for the purpose of limiting the number of simultaneous connections from a single place or IP address .
The user is also authorised to access and use CloudAssistant, whenever it is active and available, for personal and private purposes.
3.2. In no case is the user authorised under this licence of use for commercial and/or other purposes different from those listed in the above section.
3.3. This licence of use does not mean the grant of any intellectual or industrial property right over CloudAssistant or over any content present in it, the intellectual property rights over CloudAssistant and all the elements comprised in it (including programming, design, applications, graphics, codes, text and images present, as well as the contents published and the technology associated with the site) being the Proprietor’s exclusive property or holding sufficient rights and authorisations for their exploitation. In consequence, any reproduction, distribution, public communication, availability or transformation of CloudAssistant or of any element comprised in CloudAssistant is strictly prohibited.
3.4. In the same way, the domain name, trademarks, trading names and, in general, any distinctive sign that is found in CloudAssistant is in the Proprietor’s ownership or the latter has the licences necessary to use them.
3.5. Should you notice any infringement of the intellectual and/or industrial property rights in CloudAssistant, we would be grateful if you could tell us about it as soon as possible, writing to the following email address: firstname.lastname@example.org
4. The user’s obligations
The user undertakes:
To make careful, correct and lawful use of CloudAssistant, with a respect for current legislation (particularly that relating to data protection and intellectual and industrial property), morality and good practices, as well as public order.
To reread these General Conditions of Use regularly, and any other conditions that may be applicable, checking for any changes that, as appropriate, may have been made.
To check up on any notifications that, as appropriate, may be sent out by the Proprietor, since they may include important information.
Not to use CloudAssistant for commercial purposes; for example, collecting information or contents in order to provide other services that may be in clear competition with the Proprietor.
Not to alter or attempt to modify CloudAssistant in any way or take any action or use means intended to simulate the appearance or functions of CloudAssistant.
To refrain from any action that could involve the introduction of computer viruses, worms, Trojan horses or any other kind of malware intended to interrupt, destroy or limit the functionalities of CloudAssistant.
Not to use inverse engineering techniques and/or decode, decompile or use any other system designed to discover the CloudAssistant source code or any other element subject to underlying copyright or intellectual property.
Not to damage, disable, overload or obstruct the service (or the network or networks connected to the service), or interfere in their use and enjoyment.
In any case, not to carry out any kind of action that could infringe the rights or interests of the Proprietor or of third parties such as, for example, intellectual or industrial property rights (patents, trademarks, copyright, trade secrets, etc.).
With respect to his profile in CloudAssistant, the registered user undertakes:
Not to be identified with false or inexact data, either deliberately or using the identity of third parties.
To use only the profile created in the user’s own name, not using third party profiles without their prior express consent.
Not to sell, commercialise or transfer the user profile in CloudAssistant to third parties.
To be solely responsible for any activities taking place from the user profile, being bound to keep it updated at all times.
To exercise the strictest confidentiality over own data and access keys, being liable for any loss and damages that may ensue from any violation of that confidentiality.
To be liable for losses suffered or that may be suffered by third parties as a consequence of non-compliance with these Conditions or with any others that may be applicable, such as the General Conditions of Use.
5. Third party links
5.1. It is possible that you may find in CloudAssistant links or connections to third party pages or websites. The Proprietor accepts no liability over them or over their contents or correct functioning, or over any consequences that may result from accessing them.
5.2. With regard to links published by the Proprietor, the user acknowledges and accepts that these links lead to external sites outside the control of both CloudAssistant and the Proprietor, and that the latter does not approve or inspect the functions, advertising or, in general, anything included in third party pages, even when the link is from CloudAssistant itself; therefore, it cannot be guaranteed that they do not contain computer threats, viruses or malware or house some illicit or inadequate content or other links that, in turn, lead to sites with one or another of the above characteristics.
6. Exclusions from liability
6.1. The Proprietor works to ensure that the CloudAssistant services and functionalities are always available. However, CloudAssistant will be shown “as is”, depending on availability and on the limitations that may occur at any time.
6.2. In spite of the continuous efforts made by the Proprietor to protect the systems and contents included in CloudAssistant, to which end the normal security standards of Internet are applied, it is not possible to offer total guarantees in relation to intrusions or any loss of information that may occur. In the same way, no guarantee can be given on the absence of viruses or other damaging elements in CloudAssistant or in third party sites which may cause alterations in the user’s computer systems, both software and hardware. For this reason, the user accepts and understands that there are situations that can escape the Proprietor’s control.
6.3. The user will be solely responsible for payment methods introduced into CloudAssistant. On including them, it will be understood that the user is empowered to do so, through being the holder of the card introduced and/or other payment methods, accepting any liability in the contrary case.
6.4. In no case will the Proprietor be responsible for the availability, correct functioning and security of the payment methods available, to the degree that liability over them corresponds to their respective providers.
6.5. The Proprietor is exempted from any liability for undue access to contents as a consequence of a registration made by the user with deliberately false or inaccurate data regarding the user’s age.
6.6. The Proprietor declines all liability arising from the misuse of CloudAssistant by users and from non-compliance with the obligations and undertakings accepted under these General Conditions and Licence of Use or in any others that may be applicable.
6.7. In general, neither the Proprietor nor its collaborators will be liable for any case of loss of profits or consequential loss for any reason.
7.1. If there should be any kind of loss, damages, prejudice or costs (including fees for lawyers or procurators) suffered by the Proprietor as a consequence of any non-compliance by the user with these General Conditions and Licence of Use, or with any others applicable, such a case will bring with it the obligation of compensating the Proprietor.
7.2. The same will apply in the event that, as a consequence of non-compliance by the user, claims should be made against the Proprietor by third parties, in which case the user will hold the Proprietor indemnified, the latter being able to claim for any expense, cost, loss or damages arising from the user’s actions.
8. Duration, termination and exclusion
8.1. The duration of these Conditions is indeterminate and extends for the whole time that the user maintains his account in CloudAssistant.
8.2. At any time, the user can terminate these Conditions simply by cancelling his user account by means of the tools provided in CloudAssistant for the purpose.
8.3. For its part, the Proprietor reserves the right to terminate these Conditions or to block or cancel the user’s account in the event of serious and/or repeated non-compliance with the conditions here set out or with any other conditions that may be of application.
9. Data protection
10. Processor for the processing of personal data
In accordance with article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, known as the General Data Protection Regulation, (hereafter referred to as GDPR), the formalisation of an agreement regulating access to personal data for the account of third parties is essential when that access is necessary for the effective provision of a certain service by the processing controller.
The purpose of this clause is to establish the terms under which the processor carries out the processing of personal data for the service provided with the Licence of Use of CloudAssistant, attending to the following guidelines:
The user is the controller of the processing of the personal data of end users and customers of installations made with the Proprietor’s products which are to be the subject of processing with the application.
The Proprietor becomes the processor undertaking the processing on providing the user with the CloudAssistant application and thus allowing the processing of personal data the responsibility of the user. The service provided by the Proprietor consists of the maintenance and guaranteed continuity of service offered in the application.
The user recognises on accepting the Conditions and Licence of Use that he meets all the obligations that, as controller of processing, are established in the GDPR and other personal data protection regulations that are of application.
The Proprietor undertakes to process the aforesaid personal data observing the principles demanded by current legislation in matters of data protection, in particular, those relating to the duty of secrecy and confidentiality and to security measures of a technical and organisational type, taking into account the risk identified for their processing.
The Proprietor undertakes not to apply or use the personal data for purposes other than those specified in the provision of the service described in the first section of these conditions of use.
The Proprietor undertakes to observe professional secrecy with respect to the personal data the subject of processing, to maintain absolute confidentiality and reserve over any data that it may come to know through compliance with the services provided, and not to communicate to any third party, even for their preservation, the personal data that the user is managing through the application.
This obligation will extend to the entirety of the Proprietor’s employees and will remain effective also after the resignation, cessation or finalization of the Licence of Use of CloudAssistant.
The user authorises the processor to subcontract with the company Microsoft Corporation the hosting and storage of information relating to the project and the service contracted. To subcontract other companies, the Proprietor must communicate in writing with the controller, identifying clearly and unequivocally the subcontractor enterprise and its contact details. The subcontract can go ahead if the controller does not state its opposition within a period of one week.
The above clauses will not be of application to personal information that has to be provided under strict compliance with imperative legal provisions or by virtue of a ruling or resolution by a jurisdictional or administrative organ and of mandatory compliance. In this case, the Proprietor must bring this to the knowledge of the user and limit and restrict the communication only and exclusively to the information required.
For the case that the Proprietor, as processor of the processing, assigns the data to purposes other than those established, communicates them or uses them in default of the obligation of secrecy, it will also be considered as the controller of processing, and must answer personally for any infringements which have occurred, in accordance with current legislation.
The Proprietor, as processor of the processing, undertakes to observe, adopt and apply security measures of a technical and organisational nature appropriate to the processing of the user’s personal data to which it has access, in accordance with the necessary measures established in art. 32 of GDPR.
The Proprietor undertakes to return the data the subject of processing to the user immediately whenever asked to do so by the user and, in any case, when the service required is completed, undertaking not to keep any copy, always at the choice of the controller of processing.
The user can ask the Proprietor to apply the controls and audits that are considered suitable for the purpose of checking on due compliance with the points agreed in this contract.
11. Safeguarding and interpretation
11.1. These Conditions constitute a single agreement between the user and the Proprietor.
11.2. If the competent Authority should declare any provision as illegal, invalid or not enforceable, this will mean that it shall be interpreted in the closest manner possible to the original intention of that provision. However, such a declaration respecting one or another clause will not detract from the validity of the rest.
11.3. That the Proprietor does not demand strict compliance with any of the terms of these Conditions does not mean and can in no case be interpreted as meaning a waiver by that party of demanding compliance in the future.
12.1. The language applicable to these Conditions is Spanish. If an English version is offered it is merely as a courtesy, for the user’s convenience. Therefore the user accepts expressly that they are governed by the Spanish version.
12.2. If there should be any contradiction between what is indicated in the Spanish version of these Conditions and what is given in the translation, in every case the Spanish version will prevail.
13. Legislation and forum
Relations between the Proprietor and the user will be governed by Spanish legislation and, in the event of any conflict in the interpretation of or compliance with these Conditions, they submit themselves, with express waiver of any other forum that could apply to them, unless by Law some other forum is determined imperatively, to the Courts and Tribunals of the user’s city.