Terms and Conditions App – PMI
Date updated: 3 Nov 2022
As a USER of the Programme distributed by DoGood, you have accessed a programme for the information, awareness and participation of your members and collaborators in the corporate sustainability strategy of your organisation (THE CUSTOMER).
The Programme is operated as a Software as a Service (SaaS) or in the cloud by DoGood People, S.L. and the designated SaaS service provider AMAZON AWS (hereinafter referred to as AWS). This document regulates the conditions of use of the Platform and its express acceptance is necessary for access to the service by the USER.
FIRST – GRANTING OF A LICENCE TO USE THE PLATFORM
As the exclusive owner of all intellectual property rights of the Software, which includes the Software itself, the technical documentation of the Software and the user manuals, excluding, therefore, the related legal technical documentation, DoGood grants to the USER, through the CLIENT, a personal, revocable, non-transferable, non-exclusive and non-sublicensable licence to use the Software, with the powers established under the contract signed between DoGood and the CLIENT.
The duration of this licence shall be as set out in the contract between DoGood and THE CUSTOMER.
The Programme is hosted on servers owned by AWS, DoGood’s service provider, located in its Data Centre in Germany. DoGood and AWS will allow the USER to access the programme by means of instructions sent to the USER by e-mail, with the URL determined for this purpose, by means of a user name and password that will be communicated in writing by DoGood to the USER.
The use of the Programme shall be made under the conditions and for the purposes set out in the contract between DoGood and the CLIENT.
In case of access as an individual user as part of a demonstration, testing or temporary “demo” of the Software, DoGood grants the USER a personal, revocable, non-transferable, non-exclusive and non-sublicensable licence to use the Software for the period necessary for the purpose of learning how the Software and the application work as agreed between the parties, under the conditions established between DoGood and the USER through the commercial relationship, and under the conditions set out in this document.
THE USER may not alter or transform the program, its technical documentation or user manuals, nor apply reverse engineering techniques, decompile or disassemble the Program, or perform any other operation that tends to discover the source code.
The licence of use is non-transferable and THE USER may not transfer, in any form, any right to exploit THE PROGRAMME nor may he/she lease it or allow it to be exploited by any third party.
The Programme is protected by the provisions of applicable intellectual property law. Accordingly, the USER shall use the Programme in accordance with the provisions of applicable law and these Terms and Conditions. In the event of any violation of the aforementioned legislation, or any other violation that prevents or limits its legitimate rights, both DoGood and AWS may take any action it deems appropriate in defence of its interests, as well as seek damages.
THE USER may use the Programme and the functionalities available through the Internet connection, but may not make any copy of the same, not even a backup copy, without prejudice to the maintenance of ownership of the information entered and processed by and the backup copies that may be made of the same.
SECOND. – ACCESS TO THE PLATFORM AND LIMITATION OF LIABILITY.
Access to the Programme is by means of a login and a password. An entity and user profiles will be created for the USER after successful completion of the order registration process. The identification codes and access codes provided to the USER are of a personal nature and are non-transferable, and the USER is obliged to inform DoGood of any changes or modifications that may occur in their data.
It is the responsibility of the USER to exercise due diligence to prevent access or use by third parties who access or use the identification codes or passwords on their behalf. Likewise, THE USER is solely responsible for the choice, loss, theft or unauthorised use of any identification code or password and for the consequences that may arise from this. THE USER agrees to:
- a) Diligent use of access codes.
- b) To maintain the secrecy and confidentiality of the same, not to cede their use to third parties, either temporarily or permanently, nor to allow access to them to outsiders.
- c) Immediately notify DoGood of any loss, theft, misplacement, unauthorised access or breach of security of the passwords as soon as possible. As long as such facts are not communicated, DoGood is exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorised third parties.
- (d) be accountable for the activities carried out through the use of the access key. In accordance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (hereinafter LSSI) and to the extent applicable to the contract between DoGood and THE CLIENT.
- e) The USER acknowledges and agrees that DoGood does not control the USER’s use of the Software and has no actual knowledge as to whether the activity or data or information submitted by the USER for processing by the Software and storage on AWS servers located in its Data Center in France is unlawful or injurious to the property or rights of any third party. For this purpose, THE USER declares and guarantees that the data and information are his property or that he has an authorisation or licence that allows him to process the data and information and transmit them over the Internet.
Therefore, the responsibility for this information and the activities carried out are exclusively that of the USER, who exempts DoGood from any liability arising from this information or the activity related to its processing by the Programme and the temporary and transitory storage on the servers of DoGood’s provider.
In accordance with the provisions of the LSSI, in relation to the liability of providers of data hosting or storage services, providers of an intermediation service consisting of hosting data provided by the recipient of this service shall not be liable for the information stored at the request of the recipient, provided that:
- (a) they do not have actual knowledge that the activity or information stored is unlawful or that it harms the property or rights of a third party subject to compensation; or
- (b) If they have it, act diligently to remove the data or make it inaccessible. The service provider shall be deemed to have the actual knowledge referred to in paragraph. (a) where a competent body has declared the data to be unlawful, ordered their removal or made access to them impossible, or where the existence of the damage has been declared, and the provider is aware of the corresponding decision, without prejudice to the procedures for detecting and removing content that providers apply by virtue of voluntary agreements and other means of effective knowledge that may be established.
According to the provisions of article 11 of the LSSI, DoGood has the obligation to collaborate with the competent authority, so DoGood will interrupt the provision of the service and the use of the Programme when a competent body, by reason of the matter, orders it in the exercise of the functions legally attributed to it, as well as providing the data that may be required by the security forces and bodies by judicial order.
DoGood shall not be liable for any damages, expenses or losses, whether special, direct or indirect (including, but not limited to, lost profits, business interruption or loss of information) arising out of the use or inability to use the Programme for any reason attributable to DoGood, whether for maintaining the level of service stipulated in the contract or for any other reason for which DoGood is responsible.
In the event that use of the Software (or portions thereof) within the scope of the licence would be a cause of suit or legal action for alleged infringement of the rights of third parties and such use would result in such infringement, DoGood, on its own initiative and at its own expense, may make such modifications or changes as are necessary to enable the USER to continue to use the Software (or parts thereof), replace it with software of equivalent functionality and effectiveness that does not infringe the rights of such third parties, or pay a reasonable portion of the royalties paid in order to compensate the USER for the termination of the use of the Software (or part thereof).
Furthermore, DoGood cannot guarantee the usefulness of the information and/or services of the Programme.
DoGood does not guarantee and is not responsible for: (i) the absence of viruses and/or other harmful components in the Programme or the server that provides it; (ii) the invulnerability of the Programme and/or the impregnability of the security measures adopted therein; (iii) lack of usefulness or performance of the Programme; (iv) failures of the Programme caused by any attack on the servers of DoGood and AWS’s third party service providers, as well as technical or system security failures of any such third party service providers that prevent the operation of the Programme; (v) any technical failure of any kind that hinders, delays or prevents the proper functioning of the Programme, and (vi) any damage or harm caused, either to himself or to a third party, by any person who violates the conditions, rules and instructions set out in the Programme or through the violation of the Programme’s security systems.
Nevertheless, DoGood declares that it has taken all necessary measures, within its means, to require the provider to ensure the functioning of the Programme and to prevent the existence and transmission of viruses and other harmful components to users’ computer systems.
If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the law or that could involve an infringement of intellectual or industrial property rights, of the applicable regulations on the protection of personal data and/or any other right, he/she must notify DoGood immediately so that it can proceed to adopt the appropriate measures.
The use of the Programme by the USER does not guarantee the USER’s compliance with all its obligations in terms of compliance that are attributed to it by the applicable regulations, and under no circumstances shall DoGood be held responsible for the USER’s failure to comply with any of these obligations.
In any case, DoGood reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, the access, browsing, use, hosting and/or downloading of the content and/or use of the Programme, with or without prior notice, to USERS who contravene any of the provisions detailed in these Conditions, without the possibility of the user being able to claim any compensation for this cause.
THIRD.- OWNERSHIP OF THE INFORMATION ENTERED ON THE PLATFORM
DoGood acknowledges that the information that the USER enters into the Programme is the exclusive property of the USER and, where applicable, the CLIENT.
DoGood may access data and information owned by the USER and/or CUSTOMER entered into the Programme solely for the purpose of providing maintenance and support services for the Programme.
DoGood undertakes to maintain the utmost confidentiality and secrecy regarding the data entered by the USER in the Programme. Information and data that was in the public domain or in the possession of DoGood prior to the commencement of the provision of its services and obtained by lawful means shall not be considered confidential.
DoGood undertakes not to disclose, transfer, assign or otherwise communicate the data contained in the application, whether verbally, in writing, by electronic means, on paper or by computer access, even for storage purposes, to any third party. To this end, DoGood may only grant access to the data to those employees who need to know the data in order to provide the contracted services.
The obligation of confidentiality shall be of an indefinite nature and shall remain in force after the termination, for whatever reason, of the relationship between the parties.
FOURTH.- CONDITIONS OF USE OF THE PLATFORM .
By virtue of these Conditions, and subject in all cases to compliance by the USER with the material obligations contemplated herein, and by virtue of the licence to use the Programme granted to the USER as established in clauses One and Six, the USER may use, access and view the Programme, exclusively for its own use, within the framework of its normal business activities.
DoGood reserves the right to review the USER’s use of the Software for compliance with this licence.
Access to or use of the Programme for illegal or unauthorised purposes, with or without economic purpose, is not permitted and, more specifically and without the following list being an absolute list, is prohibited, and the consequences thereof shall be the sole responsibility of the USER:
- Use the Programme in any way that may cause damage, interruptions, inefficiencies or defects in its functionality or in the computer of a third party;
- Use the Programme for the transmission, installation or publication of any viruses, malicious code or other harmful programs or files;
- Use the Programme to transmit or publish any material of a defamatory, offensive, racist, vulgar, denigrating, pornographic, or obscene or threatening nature or that is likely to cause annoyance to any person;
- Use the Programme in a way that constitutes an infringement of DoGood’s or any third party’s rights;
- Use the Programme illegally, against good faith, morality and public order;
- Use the Programme to transmit material for advertising or promotional purposes, including spam, chain letters or similar;
- Use the Programme to collect personal data from other users;
- Accessing the Programme under a false identity, impersonating a third party or using a profile or any other action that may mislead other users as to the identity of the origin of a message;
- Unauthorised access to any section of the Programme, other systems or networks connected to the Programme, any DoGood server or services offered through the Programme, by hacking or forgery, password mining or any other illegitimate means;
- Breach, or attempt to breach, the security or authentication measures of the Programme or any network connected thereto, or the security or protection measures inherent in the content offered in the Programme;
- Take any action that causes disproportionate or unnecessary strain on the Programme’s infrastructure or DoGood’s systems or networks, as well as systems and networks connected to the Programme; or
- Impede the normal development of an event, contest, promotion or any other activity available through the Programme or any of its functionalities, either by altering or attempting to alter, illegally or in any other way, the access, participation or operation thereof, or by falsifying the result thereof and/or by using fraudulent participation methods, by any procedure, and/or through any practice that violates or infringes these Terms in any way whatsoever.
- Failure to comply with any of the obligations and/or specific restrictions established by the Code of Ethics or conduct of the CLIENT and applicable to the Programme.
- Breach any of the specific obligations and/or restrictions that DoGood and the CUSTOMER agree for the Programme and are communicated through the Programme’s specific Code of Conduct.
If the USER fails to comply with any of the above obligations, DoGood may take the necessary measures, which may include the deletion or blocking of the USER’s account.
FIFTH.-PROTECTION OF PERSONAL DATA.
In the event that the data or information that THE USER enters in THE PROGRAMME, or is provided to DoGood by the CLIENT, is considered personal data in accordance with the provisions of data protection regulations and specifically with 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 (hereinafter “RGPD”), it shall be processed by DoGood People, S. L. as TREATMENT CONTROLLER, with registered office at Calle Diego de León, 57, 28006 Madrid, in order to allow the correct development of the present Conditions. The personal data we will process are identifying data (e.g. name and surname, e-mail address, postal address, telephone number, IP address, etc.). The legal basis for the processing of your data is the maintenance of the contractual relationship between the CLIENT and DoGood and the maintenance of the contractual relationship arising from the acceptance of these Conditions.
The personal data will be kept for the duration of the contract with the CUSTOMER and, subsequently, duly blocked, for the period of limitation of the actions deriving therefrom.
In the event of accessing as an individual user as part of a demonstration, testing or temporary “demo” process of the Programme and that the data or information that THE USER enters in THE PROGRAMME is considered personal data in accordance with the provisions of data protection regulations and specifically with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (hereinafter “GDPR”), it shall be processed by DoGood People, S. L. as CONTROLLER OF THE PROCESSING, with registered office at Calle Diego de León, 57, 28006 Madrid, with the purpose of allowing the correct development of the present Conditions. The personal data we will process are identifying data (e.g. name and surname, e-mail address, postal address, telephone number, IP address, etc.). The legal basis for the processing of your data is the maintenance of the contractual relationship between you and DoGood arising from the acceptance of these Conditions.
Personal data shall be kept for the testing period agreed by the parties and thereafter, duly blocked, for the period of limitation of the actions arising therefrom.
The USER has, under the terms established by the applicable legislation, the right to exercise the rights of access, rectification, cancellation, limitation, opposition or suppression, as well as the right to the portability of their personal data. You may exercise your rights by writing to DoGood’s registered office or by email to the email address email@example.com, including a photocopy of your ID card or other equivalent identification document. Finally, for further information, you can contact us by writing to firstname.lastname@example.org. We also inform you that you have the right to lodge a complaint with the Spanish Data Protection Agency.
SIXTH.-INTELLECTUAL AND INDUSTRIAL PROPERTY.
The USER acknowledges and accepts that DoGood is the exclusive owner and/or holder of the corresponding licences for the Software and any other elements of its respective ownership to which the USER may have access within the framework of the contract. Said ownership extends to all intellectual, industrial or any other type of property rights relating to the Programme, including, among others, the rights of reproduction, distribution, public communication, making available and transformation of the Programme and any of its elements, including the source code, object code, technical documentation, user manual, etc., as well as any other element related to or derived from these.
By accepting these Conditions, no intellectual, industrial or any other type of property rights relating to the Programme or any other element owned by DoGood will be understood to have been assigned in favour of the USER, beyond the right to use the same under the terms established herein.
In accordance with the above, the USER undertakes not to:
- Duplicate, reproduce, sell, rent, lease, license, distribute, or otherwise use the Software and/or any of its elements for any use other than as expressly authorised in these Terms.
- Decompiling, modifying, reformatting, translating, reverse engineering, disassembling, or otherwise accessing the source code of the Software, notwithstanding that applicable law expressly permits such activities regardless of any agreement to the contrary between the Parties.
- Split or fragment the Programme into different parts or modules to be used independently.
- Divida o fragmente el Programa en diferentes partes o módulos para utilizarlos de forma independiente.
- Infringe the intellectual, industrial or any other type of property rights that DoGood holds over the Programme and any other elements of its respective ownership.
- Develop computer programmes, applications, or other software products that fulfil a similar function to that of the Programme.
- Register trademarks, trade names, or any other distinctive signs associated or that could be associated with the Programme.
- Develop inventions of any kind that integrate computer programs, applications, or other software products that perform a function similar to that of the Programme.
In order to allow DoGood to effectively control and defend its intellectual property rights on the use of the Software by the USER, the USER expressly authorises DoGood to collect information on the modules of the Software used by the USER, on the device on which the Platform is used, the connection times, the data of the connected devices, as well as any other data that may be relevant in order to verify the effective use of the Software.
In this sense, the USER expressly authorises DoGood to use the information collected during the use of the Programme as effective evidence of the use of the Programme in any type of cause and procedure, of any nature, whether against the USER or against any third party.
In the event of a total or partial modification of the terms and conditions of the service contracted by the USER, DoGood will notify the USER sufficiently in advance, so that the USER may, if necessary, confirm acceptance and continuation of the service. In addition, DoGood will post any changes in the same form in which these Terms appear or through any other communication to users.
Regardless of the provisions of the contract signed between DoGood and the USER, DoGood may suspend or interrupt, at any time without prior notice, access to the contents of the Programme, as well as revoke the licence to use the same when any breach is detected by the USER of the terms and conditions stipulated herein, without this entitling the USER to claim any compensation whatsoever. After such termination, the prohibitions on the use of the content set out in these Terms and Conditions shall continue to apply.
The headings of the individual clauses are for information only and shall not affect, qualify or extend the interpretation of these Conditions.
In the event that any provision or provisions of these Conditions shall be held to be invalid or unenforceable, in whole or in part, by any court, tribunal or administrative body having jurisdiction, such invalidity or unenforceability shall not affect the other provisions of these Conditions.
The failure of DoGood to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, unless acknowledged and agreed to in writing by DoGood.
EIGHTH – JURISDICTION AND VENUE
In the event of a dispute, the Parties shall attempt to reach an agreement, previously exhausting the peaceful means of resolving the disputes that have arisen. Nevertheless, the parties, expressly waiving any other forum to which they may be entitled, submit to Spanish legislation and to the jurisdiction of the Courts and Tribunals of the city of Madrid for the resolution of any questions or disputes that may arise in relation to the interpretation, execution or fulfilment of these Conditions.