Common use of GENERAL TERMS OF USING THE PLATFORM Clause in Contracts

GENERAL TERMS OF USING THE PLATFORM. 4.1. User’s duties Each User accessing the Platform shall: • comply with the Terms and with the messages displayed in the Platform; • use the Platform and the Services in compliance with all applicable laws and regulations (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws); • use the Platform in a manner consistent with their intended use and in a manner that does not interfere with their functioning, including the obligation not to include in the interface of the application any unlawful content that infringes the law or good morals, such as malicious software, software designed to remove security features or tracking software, any content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party; • upload only such a data on the Platform as the User is entitled to upload, in case it refers to the personal data or charging infrastructure details of third parties; • to provide only complete, correct and true details required to use the Services, like personal data, payment information; • not modify the web-app, the website on which it is hosted or other elements of the Platform in any way whatsoever, decompile, adapt, translate the code or any other changes to the software, remove technical protection, trademarks, any proprietary notices or labels, or modify the content of messages; • not to cause restrictions or impediments to the use of the Platform by other persons; • not provide access to End-User Account of the End-User, created in the Platform, to any unauthorized third parties, sell, resell, license, rent, lease or otherwise transfer such access; • not bypass any measures that may be used at the Platform to prevent or restrict access; • not use, copy, frame or mirror the Platform in connection with any similar products of Last Mile Solutions’ competitors to check, compare or benchmark the Platform unless explicitly approved by Last Mile Solutions in writing; • not use the access to Platform for building of a competitive product or service or copy any features, functions, interface, graphics or look and feel solutions; • not create any unauthorized works connected with the Platform, including any software, tool, or application, with the use of parts, elements, mechanisms, or solutions used in the Platform, without Last Mile Solutions’ consent; • not conduct the reverse engineering, decompile, disassemble, or otherwise attempt to extract the source code, object code, algorithms or structure of the Platform. 4.2. Role of the Please be advised that Last Mile Solutions has developed this Platform at the request of the Service Provider Service Provider that manages them and provides its Service Provider’s Services to End-Users at the Platform with their use. Therefore, when registering at the Platform, each End-User enters into the agreement with the Service Provider directly (see a separate EUA with the Service Provider) and creates its End- User Account under this EUA with the Service Provider. The Service Provider is each End-User’s point of contact and contractual counterparty. The Service Provider provides End-Users with Service Provider’s Services, manages and supports operation/configuration of your End-User Account and ensures helpdesk for all Users of the Platform. At the same time Last Mile Solution, may provide the Platform’s updates, including its corrections, development of new functionalities and/or changes in security measures. Such actions are taken at request of the Service Provider and Last Mile Solutions is not obliged towards the Users to provide them (such actions of LMS are not LMS’ Services). 4.3. Violation of the For the security of the Platform and their Users and irrespective of any other measures that Terms may be provided in the EUA with the Service Provider, in case you materially violate your User’s duties listed in clause 4.1, Last Mile Solutions will be authorized to suspend your access to the Platform for the time necessary to cure the violation. In case safety reasons allow to do so, you will be notified in advance about such qualification of your actions at the Platform and you will be given with a reasonable term to cure such a violation before the access’ suspension. You will be always provided with a fair possibility to justify and correct your actions in the Platform. In the event of unjustified suspension of the access or in case the reasons for suspending access are fully removed, the access shall be restored immediately. 4.4. Technical To use the Platform, you shall have at your disposal computer equipment or a mobile device requirements for with Internet access and a web browser. using the It may be necessary to enable the necessary cookies to properly use the Platform. Platform When using the Platform accessible via Internet browser, we advise you to use Google, Google 4.5. Security Last Mile Solutions and its subcontractors take measures to secure the data processed at the highest possible level, including by using data transfer security, securing websites and software against cyber-attacks and updating the IT tools used. SSL encryption (used to secure data transmission over the Internet), the SEPA integration protocol (banking interface) and other security measures are used in Platform. Despite Last Mile Solutions taking appropriate security measures, as a User you should bear in mind that no security measures can eliminate 100% of all risks and threats, especially those related to the use of the Internet or mobile devices as such. Such risks may include third-party malware, spyware, SPAM, phishing, hacking and cryptanalysis to which any Internet user may be exposed. Also, the way you as a User uses the Internet is important and affects the level of risks associated with the electronically provided services of any kind, in particular your carefulness when receiving links or keeping your own updated and effective anti-virus software. 4.6. Updates The Platform may be updated from time to time, to implement technological changes, new functionalities, changes in security features, as well as to maintain compatibility of them with legal requirements. Whenever Last Mile Solutions requires a particular update or for other reasons the update is necessary for the proper use of the Platform, such update shall be made available to Users at no additional cost. The use of the updated Platform does not require installation.

Appears in 3 contracts

Samples: Algemene Voorwaarden, Algemene Voorwaarden, Algemene Voorwaarden

GENERAL TERMS OF USING THE PLATFORM. 4.1. User’s duties Each User accessing the Platform shall: • comply with the Terms and with the messages displayed in the Platform; • use the Platform and the Services in compliance with all applicable laws and regulations (including those related to data privacy, international communications, export laws and the transmission of technical or personal data laws); • use the Platform in a manner consistent with their intended use and in a manner that does not interfere with their functioning, including the obligation not to include in the interface of the application any unlawful content that infringes the law or good morals, such as malicious software, software designed to remove security features or tracking software, any content that infringes any patent, trademark, copyright, trade secret or other proprietary rights of any party; • upload only such a data on the Platform as the User is entitled to upload, in case it refers to the personal data or charging infrastructure details of third parties; • to provide only complete, correct and true details required to use the Services, like personal data, payment information; • not modify the web-app, the website on which it is hosted or other elements of the Platform in any way whatsoever, decompile, adapt, translate the code or any other changes to the software, remove technical protection, trademarks, any proprietary notices or labels, or modify the content of messages; • not to cause restrictions or impediments to the use of the Platform by other persons; • not provide access to End-User Account of the End-User, created in the Platform, to any unauthorized third parties, sell, resell, license, rent, lease or otherwise transfer such access; • not bypass any measures that may be used at the Platform to prevent or restrict access; • not use, copy, frame or mirror the Platform in connection with any similar products of Last Mile Solutions’ competitors to check, compare or benchmark the Platform unless explicitly approved by Last Mile Solutions in writing; • not use the access to Platform for building of a competitive product or service or copy any features, functions, interface, graphics or look and feel solutions; • not create any unauthorized works connected with the Platform, including any software, tool, or application, with the use of parts, elements, mechanisms, or solutions used in the Platform, without Last Mile Solutions’ consent; • not conduct the reverse engineering, decompile, disassemble, or otherwise attempt to extract the source code, object code, algorithms or structure of the Platform. 4.2. Role of the Please be advised that Last Mile Solutions has developed this Platform at the request of the Service Provider Service Provider that manages them and provides its Service Provider’s Services to End-Users at the Platform with their use. Therefore, when registering at the Platform, each End-User enters into the agreement with the Service Provider directly (see a separate EUA with the Service Provider) and creates its End- User Account under this EUA with the Service Provider. The Service Provider is each End-User’s point of contact and contractual counterparty. The Service Provider provides End-Users with Service Provider’s Services, manages and supports operation/configuration of your End-User Account and ensures helpdesk for all Users of the Platform. At the same time Last Mile Solution, may provide the Platform’s updates, including its corrections, development of new functionalities and/or changes in security measures. Such actions are taken at request of the Service Provider and Last Mile Solutions is not obliged towards the Users to provide them (such actions of LMS are not LMS’ Services). 4.3. Violation of the For the security of the Platform and their Users and irrespective of any other measures that Terms may be provided in the EUA with the Service Provider, in case you materially violate your User’s duties listed in clause 4.1, Last Mile Solutions will be authorized to suspend your access to the Platform for the time necessary to cure the violation. In case safety reasons allow to do so, you will be notified in advance about such qualification of your actions at the Platform and you will be given with a reasonable term to cure such a violation before the access’ suspension. You will be always provided with a fair possibility to justify and correct your actions in the Platform. In the event of unjustified suspension of the access or in case the reasons for suspending access are fully removed, the access shall be restored immediately.suspending 4.4. Technical To use the Platform, you shall have at your disposal computer equipment or a mobile device requirements for with Internet access and a web browser. using the It may be necessary to enable the necessary cookies to properly use the Platform. Platform When using the Platform accessible via Internet browser, we advise you to use Google, GoogleGoogle Chrome, Mozilla Firefox or Safari web browsers. Last Mile Solutions may suggest other browsers at any time. 4.5. Security Last Mile Solutions and its subcontractors take measures to secure the data processed at the highest possible level, including by using data transfer security, securing websites and software against cyber-attacks and updating the IT tools used. SSL encryption (used to secure data transmission over the Internet), the SEPA integration protocol (banking interface) and other security measures are used in Platform. Despite Last Mile Solutions taking appropriate security measures, as a User you should bear in mind that no security measures can eliminate 100% of all risks and threats, especially those related to the use of the Internet or mobile devices as such. Such risks may include third-party malware, spyware, SPAM, phishing, hacking and cryptanalysis to which any Internet user may be exposed. Also, the way you as a User uses the Internet is important and affects the level of risks associated with the electronically provided services of any kind, in particular your carefulness when receiving links or keeping your own updated and effective anti-virus software. 4.6. Updates The Platform may be updated from time to time, to implement technological changes, new functionalities, changes in security features, as well as to maintain compatibility of them with legal requirements. Whenever Last Mile Solutions requires a particular update or for other reasons the update is necessary for the proper use of the Platform, such update shall be made available to Users at no additional cost. The use of the updated Platform does not require installation.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions