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General Conditions of Use
apprais.ly

 

Introductory provisions

 

The issuer of these General Terms of Use is Apprais.ly doo, Jurišićeva 3, Zagreb. Registered with the Commercial Court of Zagreb, under company identification number 081261100, OIB: 33591184439, IBAN: HR5123900011101097266, website: www.apprais.ly, phone: 01 4922 433, e-mail : info@apprais.ly  

Apprais.ly is the exclusive property of apprais.ly d.o.o. No copying or use of any part of apprais.ly is allowed without the prior written permission of apprais.ly d.o.o.

 

In these General Terms, certain terms have the following meanings:

  • Contractor –  apprais.ly doo, holder of the mobile application and web interface
  • Organization – a legal entity that purchases/uses the services of use of apprais.ly represented by an authorized person
  • User – an employee or any other person to whom the organization has given access to the apprais.ly account and who uses it within given authority 
  • apprais.ly – a business solution consisting of mobile application on the iOS and Android platforms and a web-based admin interface for administration and monitoring of mobile application users, enabling organizations to evaluate users’ core competencies
  • User Account – location on apprais.ly server, through which the end user can access the Service within the given authorizations or user roles
  • Authorized Account – location on the apprais.ly server through which the authorized person of the organization can access the service within the assigned user role of the admin

These General Terms and Conditions apply to all Organizations and Users and the content located on apprais.ly.  

By accepting the General Terms and Conditions and the offer, the Organization and the Contractor enter into a contractual relationship. 

 By accessing the apprais.ly solution, the Organizations and Users accept the General Terms and Conditions and the obligation to monitor any changes or amendments to the General Terms and Conditions that may occur. 

 

The Contractor reserves the right to update and publish the amended General Terms and Conditions if necessary. Upon publication of the new General Terms and Conditions, they will be considered valid. 

Organizations and Users will be notified of changes via the apprais.ly mobile application, or to the e-mail address specified when opening a user or authorized account.  By continuing the use of apprais.ly. upon publication of the new revised General Terms and Conditions, the Organization and the User agree to the changes.

By accepting the General Terms and Conditions, the Organizations and the Users confirm their validity and explicitly and unconditionally confirm that they are fully aware of the contents of the General Terms and Conditions, that they have fully read them, they understand them, they agree with them and that they accept them.

Acceptance of the General Terms and Conditions and other actions relevant to the legal validity of the contractual relations of the Contractor, the Organizations and indirectly of the Users, the Contractor shall make an electronic record via apprais.ly and inform the Organization and Users thereof. Organizations and Users can access all notifications through their account.

Organizations and Users disclaim any objections in advance in the sense that the provisions of these General Terms and Conditions were not known to them or were not served on them. 

 

In their provisions, these General Terms and Conditions adhere to the norms and spirit of the Civil Obligations Act, all positive legal regulations, as well as the Constitution of the Republic of Croatia, and should be interpreted in that light. 

 

Any violation of the General Terms and Conditions  shall mean a violation of contractual provisions and shall be considered as a form of termination.

The organization and the User are aware of the occasional disruption of services or events beyond the control of the Contractor and accepts that the Contractor is not responsible for any loss of information that may occur during the transmission of information on the Internet. The User agrees and accepts that access to apprais.ly may sometimes be interrupted, temporarily unavailable or disabled.

The Contractor is not responsible for any damages that may in any way arise from, or in any way related to the use of apprais.ly, for any actions of the Organizations and Users by using or misusing the content of apprais.ly, and for any damages which may arise to the Organization and the User or any third party in connection with the use or misuse of the use of apprais.ly. 

Users and Organizations have a limited, non-exclusive, non-customized and non-transferable right to use apprais.ly, in accordance with the Terms and Conditions of these General Terms, to access and use apprais.ly solely for the approved purposes specified by the owner of apprais.ly.

 Apprais.ly reserves all rights to apprais.ly and related Services. Unless expressly permitted by apprais.ly, users and organizations, as well as third parties, may not directly, indirectly, partially or fully modify apprais.ly, reverse engineer, copy, transcribe, rent, lease, lend , sell, distribute or create derivatives based on apprais.ly. In the event of violation of any of these provisions, apprais.ly has the right to disable the use of apprais.ly. 

The apprais.ly application name and any logos that refer to apprais.ly are trademarks or registered trademarks. Users and organizations, as well as third parties, may not copy, imitate or use them without the prior written permission of apprais.ly.  

These Terms and Conditions give users and organizations the right to use apprais.ly and the Services, but all intellectual property rights to apprais.ly and associated with apprais.ly continue to belong to the Contractor. 

 

Terms and Conditions of Use

 

2.1 What is apprais.ly

 

Apprais.ly is a business software solution consisting of mobile applications for iOS and Android mobile devices and a WEB admin interface, and is a tool for real-time evaluation of employees’ core competencies within an organization.

 

2.2 Contractual relationship between Executors and Organizations

 

The Contractor shall submit to the Organization an offer to provide the use of apprais.ly and, if the Organization agrees with it, shall provide the Contractor with the information necessary to open an authorized account which are as follows:

 

  • Company name
  • Headquarters address
  • OIB
  • Industry 
  • Company size (number of employees)
  • Contact person – name and surname of an authorized person
  • E-mail
  • Phone number

 

Submission of information by an authorized person of the Organization to create an Authorized Account will be considered as express acceptance of the offer. If the person submitting the information is not legally authorized to represent the legal person, he/she shall provide evidence of the authority to represent in the contractual relationship with the Contractor (eg. special power of attorney).

 

By logging into an authorized account, the Organization accepts these General Terms and Conditions and the contractual relationship between the Contractor and the Organization is indisputable. The rights and obligations of this contractual relationship are governed by the Contractor’s Proposal and these General Terms and Conditions.

The contractual relationship is concluded for an indefinite period, which means that the subscription will be renewed and charged every month of use until the termination of one contracting party.

The organization submits information for which it guarantees under criminal and material responsibility that it is true and is obliged to update it when it is amended as soon as possible. 

2.3 How does apprais.ly work

 

After the Contractor have created an authorized account in the admin interface for the Organization, he will submit the authentication information to the same interface. 

The Organization will log on to the administrator interface with the information obtained and create user accounts for individual Users. 

The following information is required to create user accounts:

  • Name and surname
  • E – mail address
  • Job title
  • Location
  • User image
  • Approval level (Admin, Manager, User)
  • Team or group within the Organization to which the User belongs – optional 

The User will receive a link to download a mobile app for Android or iOS devices to the e – mail address they have entered. 

The User will download the application according to the type of operating system he/she uses and will log in to the application according to the information received from the Administrator.

During the first login, the user will change the initial password and set their own password of their choice.

The User continues to use the application without logging in again. 

In case the User needs to change the password, it is necessary to contact the person within the company with Administrator rights who will change the password and the User will repeat the login as the first login.

 

2.4 Organizational roles within the apprais.ly application

 

Each organization has three types or stages of roles for using apprais.ly at its disposal, which differ in the authority a person has to operate within apprais.ly.

 

User – basic role, intended for all employees. People who have this type of role have the ability to receive and submit competency assessments and have an insight into an anonymized statistics of their competency ratings.

 

Manager – a role intended for a team/group leader within the Organization. In addition to the opportunities offered by the User role, a person with this role has the ability to see the statistics of the competency ratings of their team/group to which they have been assigned as a leader.

 

Administrator – a role with the highest authority intended for people with access to the WEB admin interface – through which he/she can manage and administrate users and groups/teams, monitor reports on the status of employees’ overall competencies across the company on group or individual level, monitor all anonymized competency ratings sent and create campaigns (calls for evaluation).

 

2.5 Prerequisites of Use

 

In order to use the apprais.ly application, users with Manager and User roles must provide a suitable mobile (smart) phone with iOS or Android operating system and Internet access. Users with Administrator rolls must provide computer with Internet access.

 

The use of third-party software solutions and devices or services related to Internet access are the responsibility of the User. If apprais.ly is used over the mobile internet network, such use may incur (additional) costs for mobile telephony, internet traffic, or any other costs the User defrays himself.

 

A convenient mobile phone includes:

  • for Android devices – an installed and updated version of Android 4.4.4 or newer;
  • for iOS devices – an installed and updated version of iOS 10 or newer;
  • for all devices – a valid phone number;
  • for all devices – Internet access.

 

It is extremely important for all devices that the operating system and all security settings are regularly updated.

 

2.6 Downloading the application

 

Apprais.ly is available for download exclusively from the official app stores:

  • Google Play for Android devices;
  • AppStore for iOS devices.

 

These two official app stores are the only places where apprais.ly can be downloaded. Any other site offering to download apprais.ly application is not secure, and we advise not to download such applications. However, if such sites are visited and applications downloaded, installed or used, the User and the Organization assume full responsibility for all possible consequences.

 

2.7 Trial and inactive accounts

 

Any new Organization (an organization that has never had an account, or previously used trial access) is entitled to try the apprais.ly service for a specified period at no charge. The duration of the trial period for the use of apprais.ly is determined by the Contractor’s proposal.

 

A trial account that allows testing the functionality of apprais.ly may have some limitations compared to regular accounts that are associated with an active subscription.

 

If the Organization does not notify the Contractor by the end of the trial period that it will continue to use apprais.ly, the trial account becomes an inactive account. If the Organization notifies the Contractor within the same period and wishes to continue using the service, the trial accounts shall become authorized or user accounts and the day after the end of the trial period shall be considered as the day of the beginning of the accounting period for that month.

 

Inactive accounts are accounts that are not associated with paid apprais.ly subscription and therefore do not gain access to apprais.ly services. Hereinafter (2.8 Data Retention) more information on the implications of inactive account data. 

 

2.8 Data Retention

 

For paid authorizations and user accounts, apprais.ly retains the data and provides access to it during the subscription period to apprais.ly services in accordance with the Privacy Policy.

 

2.9 Charging, Cancellation and Ending of Subscription by the Organization

 

The service is charged at the end of the billing cycle, according to the billing cycle, the number of active user accounts and the contracted price per user account. 

The billing cycle is the period (in days) in which authorized accounts are active in a given calendar month. 

The first billing cycle, except in the case of trial use, begins on the day the Authorized Account for Organization is opened by the Contractor. 

The Contractor shall, within 7 days of the end of the calendar month to which the billing cycle relates, provide the Organization with an invoice for the service due within 7 business days of the date of invoice. 

Cancellation requests are sent through the WEB Admin Interface or by sending a cancellation request by mail to Apprais.ly , 10000 Zagreb, Jurišićeva 3. 

The Organization may cancel the use of the service without charge within 14 days from the beginning of use if it sends the request for cancellation within the specified period of 14 days. 

If a subscription cancellation request is sent after 14 days of apprais.ly activation, the Organization will be charged for the subscription costs in accordance with the fee rules. 

Since there is no annual contract, the monthly amount is subject to change, but in case of changed monthly amount the Organization will be notified and will have the option of canceling in accordance with these conditions. You can cancel your subscription at any time by submitting a cancellation request. The subscription is considered canceled or the accounts are inactive from the moment the cancellation request is sent and the Organization will only be charged for the costs of the actual billing cycle.

 

2.10 Safety, interruption and restrictions of use

 

Security guidelines that all users must adhere to:
Any content that is submitted or otherwise made available through the use of apprais.ly, including (but not limited to) sending ratings, comments or messages, is at your own risk. Apprais.ly cannot control the work of other users with whom any information is shared and cannot and does not guarantee the content that users submit or otherwise make available to unauthorized persons. Users and the Organization are solely responsible for their content and the consequences of posting or sharing.

Apprais.ly may request your permission to access content and information on a User’s mobile phone for the purpose of fulfilling the functionality of apprais.ly. Apprais.ly respects the privacy of all users, and details of access to content and information on a user’s mobile phone can be found in the Privacy Policy document.

If the Contractor estimates that any User content violates these General Terms, the Executor reserves the right (but not the obligation) to remove or refuse distribution of such content at apprais.ly at any time. Equally, the Contractor reserves the right to restrict or disable the use of apprais.ly to users and organizations that violate these General Terms and Conditions without prior notice and liability for any resulting damage. The foregoing also applies if, if any user or organization on apprais.ly or any third party notifies that the content posted by the user is contrary to the provisions of these General Terms and Conditions.

An access password is an important security factor for using apprais.ly. The Organization and the User are obliged to store their own password and change it if needed. The Contractor is not responsible for the loss of the password or for the possession of the password by a third party. In the event of a misuse of the password, the Organization may notify the Contractor and the Contractor will immediately take action to terminate the account access with that password.

Data accuracy is the sole responsibility of the Organization and the User. The Contractor shall not be responsible or liable for the accuracy of the information entered by the user or bear any responsibility in the event of direct and / or indirect damage due to the disclosure of false information. Once entered the data can be updated. By accepting the General Terms and Conditions, users and organizations expressly waive claims for any compensation for damage to the Executor, property or non-property, arising from incorrect information.

An organization’s user account can be deleted at any time by sending a deletion request to the Contractor. Termination of use shall not terminate the liability of the Organization for the commitments and / or possible injuries it has committed and / or the damage caused by it during the use of apprais.ly. 

The Contractor reserves the right at any time, without notice, to delete an authorized and user account that does not comply with the terms of use and/or legal regulations applicable and / or at its discretion, which it is not obliged to explain and is not responsible for any damages, direct or indirect, which would be caused by such action to the Organization, any User or third party. 

Situations where apprais.ly may temporarily or permanently limit or terminate the apprais.ly Authorized and User account and/or the Services associated with it: 

  • If the User or the Organization does not comply with the terms of these General Terms and Conditions or any related document
  • If it is required by law or by the authority
  • If the User or the Organization uses inaccurate, incomplete or outdated information
  • If the Contractor suspects or confirms the involvement of Users or Organizations in fraud, money laundering, financing of international terrorism or other illegal or immoral activities
  • If The Contractor suspects or confirms that someone is tampering with someone else’s apprais.ly account
  • If The Contractor suspects or confirms creating risks for his own business
  • If the User or Organization use apprais.ly to promote or carry out any form of insult, hatred or violence 

If the reason of the access and use restriction at some point disappears or ceases, the Contractor may again allow the Organization and the User to access apprais.ly.

 

2.11 Conscientious Use

 

Apprais.ly is an application designed for internal evaluation of employees (members of the organization). If you agree to these General Terms and Conditions, the User and the Organization agree to use apprais.ly only for these purposes. In addition, the User and the Organization agree to use this and all other functionalities and capabilities of apprais.ly carefully and conscientiously and without abuse. By abuse is considered any unlawful activity, violation of these General Terms and Conditions and any activities that could harm apprais.ly, other users of apprais.ly or any third party legal or natural person.

 

2.12 Privacy 

 

The purpose of collecting the data is to provide the full functionality of apprais.ly. Information about the type of data that is collected, how and what for it is collected and processed can be found in the “Privacy Policy” document.

 

2.13 Disclaimer 

The Contractor is not responsible for any damages or potential losses caused by: 

  • unavailability of apprais.ly and/or other services;
  • unavailability of Internet connectivity on the phone or other device of the Organization and the User;
  • outages or interferences in telecommunication channels;
  • power outage;
  • meeting the legal obligations of apprais.ly and the instructions of the regulator;
  • blocking access to apprais.ly by any user or organization (for example, if the terms of the General Terms are not respected);
  • unforeseen circumstances (such as natural disasters, force majeure, etc.);
  • the consequences of not updating the apprais.ly application or the operating system of the mobile device on which the application is used;
  • any malware or computer attacks
  • logging in and using the apprais.ly application if the logon was made by a non-user’s mobile phone;
  • using offensive, discriminatory or other inappropriate content;
  • using illegal content, copyrighted content, and the like;
  • losses that may occur if a user or organization fails to notify apprais.ly in a timely manner about a cellphone stolen or lost;
  • losses or damage that may result from attempting to use apprais.ly in an inappropriate or illegal manner. 

The apprais.ly user and authorized account is linked to one person and their email address. This means that the responsibility for maintaining the security of the account rests solely with the person using the account.

The person using the account is responsible for all direct or indirect damage done to the account. In cases where there is doubt or knowledge of the use of the account by third parties, or the mobile phone or other device through which apprais.ly is used is lost or stolen; It is the responsibility of the account holder to notify the account Administrator or the Contractor as soon as possible. All possible consequences up to the moment of reporting the information is the responsibility of the person to the account user. 

The Contractor assumes no responsibility or guarantee the functioning of the application or the absolute accuracy of all information provided through the application. Apprais.ly uses the content obtained from third parties (eg, business colleagues). This content is the responsibility of the third party who makes it available and the use of such content may be protected by intellectual property rights. At certain times, certain services in the application may be partially or completely deactivated, for example, for maintenance or security improvements. For such deactivations ie. unavailability the Contractor does not need any special approval from users or organizations and we assume no liability for the consequences of the same unavailability. 

2.14 Business secrecy and confidentiality of Information

 

The Contractor may, while using apprais.ly, disclose certain information it deems confidential and/or proprietary, including, but not limited to, tangible, intangible, visual, electronic, present or future information such as: (a) trade secrets; (b) financial information, including prices; (c) technical information, including research, development, procedures, algorithms, data, designs and knowledge; (d) business information, including operations, planning, marketing interests and products; (e) any errors, defects, security issues and other issues related to apprais.ly. All the information mentioned above will be considered confidential. 

Users and organizations must not disclose and must protect confidential information they have received from the Contractor and use a reasonable level of care to prevent the unauthorized use, dissemination or disclosure of confidential information to unauthorized third parties and / or competitors of the Contractor. 

Confidential information does not include information that: (a) is or becomes publicly available without your act or omission; (b) were in your lawful possession prior to discovery and you did not obtain them directly or indirectly from apprais.ly.

 

2.15 Third Party Websites

 

The Apprais.ly application may include hyperlinks to other sites or content or resources. Apprais.ly has no control over websites or resources provided by companies or persons other than apprais.ly. Users and organizations acknowledge and agree that the Executive is not responsible for the availability of such external sites or resources and does not endorse any advertising, products or other materials on such sites or resources. Users and organizations also accept and agree that the Contractor is not responsible for any loss or damage that may result from the availability of such external sites or resources, or from any completeness, accuracy or existence of any advertising, product or other material on such sites or resources.

 

2.16 Prohibited Activities

 

By accepting these General Terms of Use for the apprais.ly application, users and organizations agree not to:

  • violate (or assist a third party in breach of) the provisions of applicable regulations of the Republic of Croatia or the EU
  • intentionally attempt to defraud (or assist a third party in fraudulent) apprais.ly or any other user of apprais.ly
  • Provide incorrect, outdated or misleading information
  • take actions that interfere with or intercept any system, data or information
  • do anything that could disable, overburden, or impair the proper functioning or appearance of apprais.ly
  • engage in a transaction involving funds acquired through any illegal and / or immoral activity
  • download or use any malicious code or program
  • attempt to gain unauthorized access to apprais.ly third-party applications, apprais.ly’s web address, or any connected network or system
  • use apprais.ly and related Services on behalf of any third party or otherwise act as an intermediary between apprais.ly and any third party
  • collect content or any information about other users of apprais.ly in any way
  • defame, harass, abuse, intimidate or violate the privacy rights of any other user of apprais.ly
  • violate the intellectual property rights of apprais.ly
  • display or transmit messages, photos, videos, or other media containing illegal, pornographic, violent, obscene, or copyrighted material
  • the publication of documents and / or information that may be considered personal, sensitive, confidential or secret

 

2.17 Force majeure

 

Apprais.ly assumes no responsibility for any error, inaccessibility or delay arising out of any unusual or unforeseen circumstances beyond control, the consequences of which would be unavoidable despite all efforts to the contrary, including but not limited to government or terrorist action. , earthquakes, fires, floods, or other natural disasters, operating conditions, delays, or failures caused by problems with other systems or the network, mechanical, or data processing errors.

 

2.18 Guarantees and Restrictions

 

As the apprais.ly application evolves, some functionality may change, some may be removed or added. 

The Contractor does not guarantee that: (a) the application will satisfy the specific requirements of users and organizations; (b) the service is continuous, timely, secure or error free; (c) the results that may be obtained from using the service will be accurate or reliable; (d) that the quality of any products, services, information or other material purchased or obtained through the Service will meet the expectations of users and organizations; (e) that any errors in the Service will be corrected. 

The failure of apprais.ly to exercise or enforce any right or provision of these General Terms of Use does not constitute a waiver of such right or provision. The General terms of use of apprais.ly govern the use of the Service, superseding all prior agreements between the organizations and the Contractor (including, but not limited to, all prior versions of the Terms of Use). 

2.19 Communication and Objections

 

The Contractor will analyze all proposals and complaints and improve them with new functionalities if possible. Users can contact apprais.ly via the “Improve apprais. ly ”in the WEB administrator interface or through our contacts listed below 

If a user or organization believes that a right has been violated while using apprais.ly, a written complaint may be submitted:

  • to Apprais.ly d.o.o., 10000 Zagreb, Jurišićeva 3
  • E-mail: info@apprais.ly 

The Contractor determines which body will resolve complains and what its authorization is. 

The complaint should include a detailed description of the event/situation and, if possible, the evidence from which the complaint is based. If the User or Organization provides a description of the event/situation and/ r evidence that is incomplete, the Contractor has the right to request completion of the complaint. The Contractor is not liable for the adverse consequences that an incomplete complaint could possibly have. 

The reply to the objection and the notification of the actions taken by the Contractor shall be submitted within 15 days from the date of receipt of the objection to the e-mail address of the User or the Organization.

 

2.20 Final Provisions

 

Should any particular provision or provisions of these General Terms and Conditions prove to be null, void, inapplicable or otherwise impracticable in terms of positive legal regulations, case law and company morality, and the General Terms and Conditions may survive without such provision, that provision shall not apply, and the remaining text of these General Terms and Conditions will continue to apply without these provisions. 

The competent court in Zagreb shall have jurisdiction over the interpretation and disputes relating to these General Terms and Conditions.

Anything not specifically provided for in these General Terms and Conditions shall be subject to the provisions of the laws and regulations in force.