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Opuz Use Policy

 PUBLISHED - Fri 8 Nov 2024 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ‘Opuz’ and ‘OpuzMobile’ app.

BY SELECTING “I READ AND ACCEPT THESE TERMS” DURING LOGIN, YOU AGREE TO THESE TERMS, WHICH WILL BIND YOU.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT THE APPLICATION IMMEDIATELY AND MAKE NO FURTHER USE OF IT.

WHO WE ARE AND WHAT THIS AGREEMENT DOES  

Opuz is a SaaS platform designed to be used in the Facilities Management industry. The platform is licensed to your employer or contracting organisation (referred to as “Your Organisation”). Under the Main Agreement between us and Your Organisation, we grant you a limited right to use:

  • Opuz Web and Mobile Applications (including updates or supplements provided periodically).
  • Online Documentation to support use of the applications.
  • Connected Services provided by Opuz through the application interface.

YOUR PRIVACY  

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy 

Your personal data is handled per our Privacy Policy, which outlines data collection and usage practices. Note that internet transmissions are not completely private and data sent via the Opuz app may be intercepted despite encryption safeguards.

THIRD-PARTY TERMS

Your use of Opuz may be subject to the terms of app distribution platforms (Apple’s App Store and Google Play). Where their terms conflict with these, platform terms will take precedence.

SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS  

For support, contact our team:

  • Email: support@opuzsoftware.com
  • Phone: 01865 597477

Opuz will aim to respond in accordance with the timelines agreed upon with Your Organisation in the Main Agreement. For service issues or critical updates, we may contact you via the details provided by Your Organisation.

HOW YOU MAY USE THE APP, AND HOW MANY DEVICES YOU MAY USE IT ON  

In exchange for your agreement to these terms, we permit you to:

  • Download and Access the App on any supported device for work-related use.
  • Utilise Documentation in support of authorised use of Opuz.
  • Receive App Updates to maintain functionality, security, and compliance.

Your use of the app is non-transferable. If you sell or dispose of a device containing Opuz, please delete the app to prevent unauthorised access.

CHANGES TO THESE TERMS  

We may need to change these terms to reflect changes in law or best practice or the event that the terms of the Main Agreement are amended.

We will notify you of a change when you start the App.

If you do not accept the notified changes you will not be permitted to continue to use the App and the Service, and we may disable your user account.

UPDATE TO THE APP AND CHANGES TO THE SERVICE  

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

If you choose not to install updates, Opuz functionality may be limited or disabled.

WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE  

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to your employer.

WE MAY COLLECT LOCATION DATA 

Opuz requires access to your device’s location to provide core functionalities within the app. By using the app, you consent to the collection and use of location data for the purposes of service delivery, safety compliance, and operational tracking as part of Your Organisation’s facilities management. Disabling location services may restrict or disable critical app features.

WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO  

The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to follow your employer’s guidance about whether or not to trust any such site.

LICENCE RESTRICTIONS  

You agree that you will:

  • Not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • Not copy the App, Documentation or Services, except as part of the normal use of the App;
  • Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on your device as permitted in these terms;
  • Not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent permitted by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988; and
  • Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

ACCEPTABLE USE RESTRICTIONS  

You must:

  • Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
  • Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

INTELLECTUAL PROPERTY RIGHTS  

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for any other losses suffered by you personally. Where you believe that you have incurred loss due to something we have done or have failed to do, please discuss this with your employer. Our liability is limited to your employer in the sums and in the manner described in the Main Agreement.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact your employer, who will inform you of what action you should take.

WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS  

We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the App and Services:

You must stop all activities authorised by these terms, including your use of the App and any Services; and

You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE  

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE  

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

NO RIGHTS FOR THIRD PARTIES  

This contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.

IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE  

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS  

These terms are governed by English law and you can bring legal proceedings in the English courts. 

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