Terms of use

IMTLAZARUS CLOUD SERVICE CONDITIONS

1.- DEFINITIONS

SaaS: Software as a Service. Application Service Provider, provides the ability to use a WEB APPLICATION exclusively through the Internet.

WEB APPLICATION: Any sequence of instructions or indications intended to be used, directly or indirectly, in a computer system to perform a function or a task or to obtain a certain result, whatever its form of expression and fixation. The interface is a Web browser, and execution occurs at the Application Services provider.

CUSTOMER DATA / DATABASE: Collection of data arranged in a systematic or methodical way and accessible individually only by the CLIENT/SCHOOL through the WEB APPLICATION.

USER: Person who has the right to use the program for being authorized to do so exclusively through the Internet, using a Web browser.

IMTLAZARUS: Depending on the context, legal entity that provides the service or service itself that consists of two elements. The first of these, comprises a SaaS platform from which a management environment is provided on the enrolled devices. The second element consists of an agent that, depending on the type of technology, enables the management of the device.

DISTRIBUTOR: Legal entity responsible for the distribution of IMTLAZARUS and that acquires the support commitments to the CLIENT/SCHOOL.

CLIENT/SCHOOL: It is understood as the final customer that uses IMTLAZARUS provided by the DISTRIBUTOR.

2.- DESCRIPTION OF THE SERVICE UNDER LICENSE AGREEMENT

-The IMTLAZARUS service shall include:

a) Access through the Internet to the contracted service, applications and USERS, using a browser and allowing access through the use of an access key, for each of the USERS, these keys will be provided by IMTLAZARUS.

b) Access to the support service within working hours, according to the IMTLAZARUS work schedule. In the event that a DISTRIBUTOR of IMTLAZARUS invoices the provision of services, the services related to this clause will be provided directly by the DISTRIBUTOR.

c) The CLIENT/SCHOOL will receive, for information only, the text of the news related to the contracted service and a brief summary of the content of the same, being used for this purpose as a channel of communication exclusively the electronic mail.

IMTLAZARUS is not responsible for the information provided, as the only texts that have validity are those published through the web www.imtlazarus.com.

d) Administration of the Internet Server system: including its updates.

-The following shall not be included in the service contract:

a) The adaptation of the WEB APPLICATION, the special circumstances of the CLIENT/SCHOOL or the new needs arising with the use.

b) USERS may, through the WEB APPLICATION, process all the data provided in accordance with the above clauses, and may perform all calculations and processes related to the contract.

c) The CLIENT/SCHOOL may not license, sublicense, sell, resell, transfer, assign, distribute, otherwise commercially exploit, or make the Service or Content available to third parties.

d) The CLIENT/SCHOOL may not modify the service or content or perform work derived from them.

e) The information in the database of the IMTLAZARUS Web service belongs exclusively to the CLIENT/SCHOOL.

3 - CONDITIONS FOR ACCESS TO THE SERVICE UNDER A LICENCE AGREEMENT

a) Access conditions: The CLIENT/SCHOOL will receive the access data in order to use the service. In addition, the CLIENT/SCHOOL will have a code and an additional key to manage the data of its account, such as assigning access rights to the USERS, consulting access logs or similar.

b) USERS may, through the WEB APPLICATION, process all the data provided in accordance with the above clauses, and may perform all calculations and processes related to the contract.

c) The CLIENT/SCHOOL may not license, sub-license, sell, resell, transfer, assign, distribute, otherwise commercially exploit, or make the Service or Content available to third parties.

d) The CLIENT/SCHOOL may not modify the service or content or perform work derived from them.

e) The information in the database of the IMTLAZARUS Web service belongs exclusively to the CLIENT/SCHOOL.

4.- GUARANTEE, CIVIL LIABILITY AND CONFIDENTIALITY

a) The Web service provided via the Internet may be subject to failures in the server, Internet and other software infrastructures installed on the CLIENT/SCHOOL device from which they are connected to the service.

These errors may also be caused by the large number of different cases that may arise and by the need for the CLIENT/SCHOOL to use the service immediately, so that there is not enough time between the publication of the standard and its incorporation in the new versions, to test all the possibilities or case studies.

IMTLAZARUS ensures the free correction, for the CLIENTS/SCHOOLS that have signed the service contract, of all those errors demonstrable in a reliable way that are communicated to it. The corrections will be automatically incorporated and therefore made available to CLIENTS/SCHOOLS in the WEB APPLICATION.

b) The alteration of the speed and quality of communications is also not attributable to IMTLAZARUS.

c) In any event, IMTLAZARUS shall not be liable for any damages, which are not solely and exclusively attributable to IMTLAZARUS, nor for any loss of profits that the CLIENT/COLEGIO may not obtain.

For this reason, it is under the responsibility and due diligence of the CLIENT/SCHOOL the contracting of insurance policies that it considers necessary to cover the situations mentioned above.

d) IMTLAZARUS is obliged for an indefinite period to keep secret and maintain the strictest confidentiality of all information, owned by the CLIENT/SCHOOL, to which it has access as a result of the contract.

e) IMTLAZARUS without the prior express consent of the CLIENT/SCHOOL, will refrain from any activity, whether it is reproduction, use, conservation, modification or any other type, with the information received, property of the CLIENT/SCHOOL, for purposes other than the strict performance of the contract.

f) In no case may third parties access the data, owned by the CLIENT/SCHOOL, to which IMTLAZARUS has access, without the express consent of the CLIENT/SCHOOL.

g) Outside the above provisions, IMTLAZARUS' liability for damages directly attributable to the contracted service provision shall be limited to the initial fee price for registration and fees equivalent to the one-year period.

h) In any case the USER accepts that the contracted service is a tool intended to complement, but not to replace the human work, for this reason it is the obligation of the USER to carry out a sampling on the results obtained with the use of the application. In the event that the USER detects an error, they must inform the company IMTLAZARUS who will solve it free of charge for those CLIENTS/SCHOOLS that have signed the maintenance contract. The CLIENT/SCHOOL shall be solely responsible for the proper functioning of its equipment and systems, and IMTLAZARUS cannot be held responsible for these reasons.

5.- FORCE MAJEURE

Neither party shall be liable to the other party or third parties for damages or losses resulting from the delay or impossibility of performance of its legal or contractual obligations, in the event of any unforeseen or foreseeable circumstances being unavoidable beyond its control.

In relation to the use of the service, IMTLAZARUS does not guarantee:

a) That it will always be secure, timely, uninterrupted, error-free or will work in combination with any other hardware, software, system or other data.

b) That will meet the requirements or expectations of the CLIENT/SCHOOL.

c) That the data stored shall be accurate and reliable.

d) That the quality of the products, services, information or other material acquired or obtained by the CLIENT/SCHOOL through the SaaS service will meet the requirements or expectations of the USER.

e) That the service/s provided by other telecommunications operators, which makes the IMTLAZARUS service available, will not have defects or other harmful components.

IMTLAZARUS services may be subject to limitations, delays and other incidents inherent to the use of the Internet. IMTLAZARUS shall not be liable for damages arising from such incidents.

6.- DATA PROTECTION

6.1- Processing of personal data

The IMTLAZARUS website (www.imtIazarus.com) contains the privacy policy of IMTLAZARUS (https://www.imtlazarus.com/en/privacy-policy/). This has adapted its data protection policy under the regulations in force since May 25, 2018.

6.2-Processing of personal data of the CLIENT/SCHOOL

The service allows you to enter your own documents and information, which belong to and are the sole responsibility of the CLIENT/SCHOOL. IMTLAZARUS as a SUPPLIER, has the obligation to comply with the obligations under the GDPR and the current legal regime in this area.

6.3.- Cloud computing

IMTLAZARUS or, where applicable, its DISTRIBUTORS, to provide cloud computing services may involve access to personal data. It is a mixed mode of cloud computing, a private cloud, where independent networks are created for CLIENTS/SCHOOLS within a high availability platform.

IMTLAZARUS offers a SaaS service to CLIENTS/SCHOOLS (As a Service Software Service model).

To provide the service IMTLAZARUS has subcontracted part of it with several suppliers. In compliance with the current regulation on the protection of personal data, IMTLAZARUS guarantees that all its suppliers will also comply with the appropriate security measures regarding the data of the DISTRIBUTOR and its CUSTOMERS/SCHOOLS.

7. - LIABILITY OF CUSTOMER/SCHOOL

a) Facilitate maintenance work. The CLIENT/SCHOOL will facilitate the access and keys to the specialists of IMTLAZARUS to their pages of the WEB APPLICATION during the term of the contract, in order to facilitate the contracted support services.

b) The CLIENT/SCHOOL shall be responsible for all activities carried out with its USER accounts and their use.

For this reason, the CLIENT/SCHOOL will be solely responsible for the accuracy, quality, integrity, legality and reliability of its data, as well as the intellectual property or the right to use them, and IMTLAZARUS will in no case be responsible for the deletion, correction, destruction, damage or loss of CLIENT/SCHOOL data or that such data has not been saved. Once the contract has been terminated for a justified reason, the CLIENT/SCHOOL shall immediately lose the right to access and use the contract data. IMTLAZARUS shall not be obliged to retain or send such data.

c) IMTLAZARUS reserves the right to retain, delete and/or discard CLIENT/SCHOOL data without prior notice if there is any breach by the CLIENT, including without limitation, non-payment.

8.- DURATION OF THE LICENCE CONTRACT, SUSPENSION OF THE CONTRACT

The contract will be valid for years according to the option chosen by the CLIENT/SCHOOL during the purchase/subscription process.

In case of non-payment of any term or fee issued by IMTLAZARUS at the expense of the CLIENT/SCHOOL, IMTLAZARUS is authorized, to suspend the contracted service, without any need of prior communication, until the CLIENT/SCHOOL does not pay the outstanding amounts. Therefore, for the duration of the default situation, IMTLAZARUS will not be obliged to provide the contracted service.

9.- TERMINATION OF THE LICENCE CONTRACT

The contract shall be terminated for the general reasons established by the Law and in particular for failure to comply with the obligations set forth therein.

Once approved the project will not be accepted the cancellation of it. The CLIENT/SCHOOL can make use or not during their stay.

Última actualización: 30 de Abril, 2021