1. INTRODUCTION
These Terms of Service (“Terms”) together with our privacy policy (“Privacy Policy”), the specific terms of the subscription plan of your choice (“Subscription Plan”), govern the relationship and form an integral part of the agreement between you or the entity you represent (“you” or “your”) and RentProg (Company), a limited liability company organized under the laws of Portugal, in connection with your use of certain software Company has developed and is constantly developing and the services Company offers in connection therewith (“Agreement”).
2. ACCEPTANCE OF THE TERMS
You must be of legal age in order to accept the Terms and enter into the Agreement. If you do not agree to the Terms, you are not allowed to use any of our services. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the Terms. Your acceptance means that you are automatically bound by the terms and provision of the Agreement, including but not limited to these Terms.
3. DESCRIPTION OF SERVICE
We provide an array of software services for online collaboration and management (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services.
4. LICENSE
COMPANY is and will remain the exclusive owner of the software incorporated in the Services including updates thereto that are made available to you from time to time (“Software”) and all rights pertaining to the Software. Upon acceptance of the Terms you are granted a non-exclusive, non-sub-licensable right to use the Software (“License”) in accordance with and for the durations of the Agreement. The License also applies to any updates to the Software that COMPANY will make available from time to time. The License is not transferable and does not include the disclosure to you of source codes, techniques and/or processes incorporated in the Software or the right to copy any part of the Software, without COMPANY’s explicit prior permission thereto.
5. SUBSCRIPTION
5.1.The Services are available in Subscription Plans of various durations and cost.
5.2.The use of the Software is carried out on a paid basis in the form of a daily or monthly subscription. The Subscription is valid from the moment of its activation (payment) until the moment of refusal from further use of the Subscription or until the funds on the internal balance are exhausted.
5.3.The subscription starts automatically if the tariff conditions are met, or manually by the client or company manager. Payment is made by debiting from the internal balance of the service, replenishment is carried out by the user himself by paying using available methods, or automatically, when automatic payment is enabled (subscription payment). If a negative internal balance is reached, access to the Software may be suspended. If you pay automatically (subscribe), you must provide valid payment information. If the payment information provided is rejected for payment, you must provide new valid payment information. Otherwise, access to the Software may be suspended. Access to the Software will be provided immediately after the initial payment has been processed.
5.4.The paid subscription period is 30 (thirty) calendar days. Automatic debiting of subscription fees occurs regularly daily or every 30 (thirty) calendar days, depending on the selected option. When paying monthly, payment is due on the first day of each subsequent subscription period.
5.5.Payment for the subscription is carried out without the direct participation of the user, but with his prior consent on an ongoing basis by automatically debiting funds from the internal account in the service, bank account or account in the User's electronic payment system (similar services), in accordance with the rules and conditions of the bank and (or) payment system.
5.6.Confirmation of the payment is electronic checks and other documents issued by banks and payment systems in confirmation of the transfer of funds.
5.7.If you stop using the Software, you must unsubscribe yourself. Responsibility for untimely cancellation of the subscription is borne only by the user of the Software.
5.8.The subscription price is indicated on the website. At the same time, prices may change from time to time, which is displayed in the relevant section of the site. Price changes are effective from the beginning of the next subscription period after the price change date and are considered accepted by default. Otherwise (in case of not accepting the price change), you must unsubscribe.
5.9.You can unsubscribe at any time. Unsubscribing means refusing to use the Software and access to the entered data.
5.10. We do not offer refunds on license fees, setup fees, and/or development fees. If the service does not meet your needs, you can simply cancel your subscription.
5.11. From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid Subscription Plan.
5.12. By subscribing to automatic payments, you authorize COMPANY to automatically charge your payment method on a recurring basis. You may cancel automatic payments at any time through your account settings or by contacting us at admin@rentprog.com. Cancellation will take effect at the end of your current billing period.
6. ORGANIZATION ACCOUNTS AND ADMINISTRATORS
6.1.When you sign up for an account for your organization (“Organization Account”) you may specify one or more administrators for the Organization Account (“Administrator” or “Administrators”). The Administrator will have the right to configure the Services based on your requirements and manage end users in your Organization Account. If your Organization Account is created and configured on your behalf by a third party, we are assuming that such third party is the Administrator. Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an Administrator.
6.2.You are responsible for i) ensuring confidentiality of your Organization Account password, username and other sensitive information, ii) appointing competent individuals as Administrators, and iii) ensuring that all activities that occur in connection with your Organization Account comply with this Agreement. You understand that COMPANY is not responsible for account administration and internal management of the Services for you. You are responsible for taking the necessary steps to ensure that your organization does not lose control of the Organization Account. You agree to inform us immediately of any unauthorized use of your Organization Account by email to admin@rentprog.com.
6.3.We are not responsible for any activity in your Organization Account, nor for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Organization Account, or otherwise.
7. DATA RETENTION AND SECURITY
7.1. COMPANY will retain your Personal Data for as long as necessary to provide the Services and fulfill the purposes outlined in this Agreement and the Privacy Policy, or as required by applicable law. Upon termination of your Organization Account, your data may be retained for a reasonable period for backup, archival, audit, and legal compliance purposes.
7.2. COMPANY implements reasonable technical and organizational measures to protect Personal Data against unauthorized access, loss, destruction, or alteration. However, no method of transmission over the Internet or electronic storage is completely secure, and COMPANY cannot guarantee absolute security of your data.
7.3. While COMPANY implements regular backup procedures, you are solely responsible for maintaining your own backup copies of any data you upload to or create through the Services. COMPANY shall not be liable for any loss or corruption of your data, and you waive any right to claim damages for such loss or corruption.
8. THIRD-PARTY SERVICES AND INTEGRATIONS
8.1. The Services may contain links to or integrate with third-party websites, applications, or services ("Third-Party Services") that are not owned or controlled by COMPANY. COMPANY has no control over and assumes no responsibility for the content, privacy policies, or practices of any Third-Party Services.
8.2. You acknowledge and agree that COMPANY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Services. You are advised to read the terms and conditions and privacy policies of any Third-Party Services that you access.
9. RESTRICTIONS ON USE
9.1. In addition to all other terms and conditions of the Agreement, you shall not:
(i) transfer the Services or otherwise make it available to any third party;
(ii) provide any service based on the Services without prior written permission of COMPANY ;
(iii) use the third party links to sites without agreeing to their website terms and conditions;
(iv) post links to third party sites or use their logo, company name, etc. without their prior written permission;
(v) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity;
(vi) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of COMPANY;
(vii) violate any applicable local, state, national or international law;
(viii) create a false identity to mislead any person as to the identity or origin of any communication.
10. SPAMMING AND ILLEGAL ACTIVITIES
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
11. PERSONAL DATA AND PRIVACY
11.1. COMPANY will collect personal data, including but not limited to name and email address details ("Personal Data"), in order to provide and optimize the Services under the Agreement. We respect the confidentiality of your Personal Data and the Personal Data you provide in the Organization Account and/or otherwise by using our Services. For more information on our collection and use of personal information, please read our Privacy Policy.
11.2. You are responsible for the collection and use of third parties' Personal Data you provide to COMPANY or of Personal Data which are provided by third parties through you. You warrant that: (i) you have obtained all necessary consents and authorizations from data subjects to provide their Personal Data to COMPANY; (ii) COMPANY is authorized to process and use such Personal Data for the purposes described in this Agreement and the Privacy Policy; (iii) all Personal Data provided to COMPANY are accurate, complete, and up-to-date; and (iv) you comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.
11.3. You acknowledge that you have the right to access, correct, delete, or restrict the processing of your Personal Data, as well as the right to data portability and the right to object to certain processing activities. To exercise these rights, please contact us at admin@rentprog.com. We will respond to your request in accordance with applicable data protection laws.
12. INTELLECTUAL PROPERTY RIGHTS
You are aware that COMPANY is and will remain the exclusive owner of any and all intellectual property rights to the Services, the Software, including but not limited to copyrights to the Software and rights to trademarks, trade names and know-how, unless explicitly agreed between the parties in writing. You agree not to display or use, in any manner, COMPANY's trademarks, logos and/or trade names without COMPANY's explicit prior permission.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM COMPANY, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14. LIMITATION OF LIABILITY
YOU AGREE THAT COMPANY SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL COMPANY'S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.
15. INDEMNIFICATION
You agree to indemnify and hold harmless COMPANY, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party's rights, in violation of any law, in violation of any term under the Agreement, or any other claim related to your use of the Services, except where such use is explicitly authorized by COMPANY.
16. SUSPENSION AND TERMINATION
16.1. We may suspend your Organization Account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity, or requests by law enforcement or other government agencies. Objections to suspension or disabling of Organization Accounts should be made to admin@rentprog.com within thirty days of being notified about the suspension by COMPANY.
16.2. We have the right to terminate the Organization Account, which automatically means the termination of the Agreement if one of the following events occurs: (i) thirty days have passed since the notification of the suspended or disabled Organization Account and COMPANY determines in its sole discretion that the ground for the suspension or disablement remains valid; (ii) you are in breach of any provision under the Agreement; (iii) you are misusing the Services and/or your use of the Services is a threat to COMPANY's security and/or the security of third parties; (iv) you become the subject of an involuntary or voluntary bankruptcy or similar proceedings or assign all or substantially all of your assets for the benefit of creditors. We will also terminate your Organization Account on your request. Suspension and termination of the Organization Account will include denial of access to all Services. Termination of the Organization Account includes deletion of information in your Organization Account, including but not limited to email addresses and passwords.
16.3. You will not be refunded subscription fees for the suspended period and/or for the remaining subscription period in the event of termination.
17. AMENDMENTS TO THE TERMS
COMPANY reserves the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on our website or by sending a notification to your registered email address. Your continued use of the Services after such notification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services and may terminate your Organization Account.
18. FORCE MAJEURE
Neither party shall be liable for any failure or delay in performance under this Agreement (except for payment obligations) to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
19. SEVERABILITY
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from this Agreement. The remaining provisions of this Agreement shall continue in full force and effect.
20. ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder without the prior written consent of COMPANY. Any attempted assignment, transfer, or delegation without such consent shall be null and void. COMPANY may freely assign, transfer, or delegate this Agreement or any of its rights or obligations hereunder. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
21. SURVIVAL
The following provisions shall survive the termination or expiration of this Agreement: Sections 4 (License), 7 (Data Retention and Security), 8 (Third-Party Services), 11 (Personal Data and Privacy), 12 (Intellectual Property Rights), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 19 (Severability), 20 (Assignment), 22 (Export Control), 23 (Entire Agreement), and 24 (Applicable Law and Jurisdiction).
22. EXPORT CONTROL
You acknowledge that the Services and related technical data may be subject to export control laws and regulations of various countries. You agree to comply with all applicable export and import control laws and regulations in your use of the Services. You represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the export of the Services would be prohibited by applicable law.
23. ENTIRE AGREEMENT
This Agreement, together with the Privacy Policy and any Subscription Plan terms, constitutes the entire agreement between you and COMPANY concerning the Services and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral, between you and COMPANY regarding the subject matter hereof.
24. APPLICABLE LAW AND JURISDICTION
This Agreement and any dispute arising in connection herewith shall be governed by and construed in accordance with the laws of Portugal. The Parties shall endeavor to solve any disputes arising in connection with the Agreement and the execution thereof out of court. In the event of any dissatisfaction or potential dispute, please send your complaint to admin@rentprog.com. Should the Parties not be able to settle their dispute amicably, the dispute shall be brought before the competent court in Portugal.
25. CONTACT
If you have any questions or concerns regarding the Terms and/or the Agreement, please contact us at admin@rentprog.com.