Oversee General Terms and Conditions of Use
- System– information system “Oversee”;
- CatchSmart – Limited Liability Company “CatchSmart”, registered office: 14 Cēsu Street, Riga, LV-1012, registration No. 40103771258, e-mail: firstname.lastname@example.org, which is the developer and owner of the System and provides the System to the Licence Holders;
- Licence – the right to use the CatchSmart System;
- Licence Holder – a person (hereinafter also the Licensee), with whom CatchSmart has concluded a Licence Agreement on the use of the System;
- User – System user – a person, who accesses the functions of the System, based on the Licence Agreement concluded between CatchSmart and the Licence Holder on the use of the System, by using the user name and password received from the Licence Holder according to a certain procedure.
1. General Provisions
1.1. These Terms and Conditions of Use (hereinafter – the Terms and Conditions) have been developed for the information system “Oversee” (hereinafter – the System).
1.2. The Terms and Conditions have been developed in accordance with Cabinet of Ministers Regulation No. 442 of 28 July 2015 “Procedures for Ensuring the Conformity of Information and Communication Technologies Systems to Minimum Security Requirements”.
1.3. The Terms and Conditions shall determine the procedure according to which the right to use the System is granted, the procedure by which the licence of the System is purchased, the regulations and restrictions of use of the System, and shall be binding on all Licence Holders, Users.
1.4. Users of the System must perform all operations in accordance with the regulatory enactments in force in the Republic of Latvia, including, but not limited to, the General Data Protection Regulation and Personal Data Processing Law, as well as the Terms and Conditions and User Manual.
1.5. Any information relating to an identified or identifiable natural person shall be considered to be personal data in accordance with the General Data Protection Regulation.
1.6. When initiating the performance of activities in the System, it shall be considered that the Licence Holder and the User agree to the Terms and Conditions and are responsible for their observance.
1.7. All actions performed by the Users in the system shall be registered in the System.
1.8. The Licence Holder/User shall be responsible for the content, input and use of the information reflected in the System.
1.9. CatchSmart shall conclude a Licence Agreement with the Licence Holder on the use of the System, which sets out the scope of use of the System, the terms of payment and the terms of termination of the Licence Agreement.
1.10. The obtaining of the right to use the System with third party access passwords and/or on behalf of third parties shall be considered intentional damage to the System, which in accordance with the regulatory enactments of Latvia is in conflict with the Personal Data Processing Law and may be considered a violation.
1.11. CatchSmart shall not be liable for any damages caused to the User or Licence Holder as a result of illegal actions of third parties performed in the System.
1.12. By agreeing to these Terms and Conditions, the System User and the Licence Holder agree to the processing of personal data provided by them for the provision of the System functions.
1.13. CatchSmart reserves the right to amend these Terms and Conditions or issue new ones at any time by publishing them on the System interfaces and by notifying the Licence Holder thereof in advance.
2. Rights, Duties and Responsibilities of Licence Holders/Users
2.1. Licence Holder/User must not implement any such actions that are directed against the security of the System. In the event of a breach, CatchSmart reserves the right to immediately restrict the rights of the Licence Holder/User in the System or to terminate the provision of the services to the Licence Holder.
2.2. The Licence Holder/User is aware that all the activities that it has to perform in the System must have a legal basis and the Licence Holder/User may be required to provide justification for performing certain activities in the System or for previously performed activities in the System.
2.3. The User must notify the Licence Holder or CatchSmart of any suspicions of actual or potential unauthorised access to the System or its data, or of data or access rights received as a result of an error.
2.4. The User may only use the User’s requisites assigned to him/her for access to the System, but in the case that they are lost or disclosed, the administrator of the Licence Holder must be immediately notified thereof, as well as the User may not transfer his/her requisites to other persons.
2.5. The User shall be responsible for the secure storage of his/her System access requisites.
2.6. The User may not leave his/her computer or workstation unauthorised, if authorised (activated) access to the System is possible. Upon completion of the work, the User shall be obliged to log out of the System in order to prevent other persons from accessing the System, when using the active session of the User.
2.7. If there is a problem connecting to the System, the User must immediately notify the administrator of the Licence Holder about it, who will report the problem to CatchSmart, if necessary.
3. Restrictions of System Use
3.1. While using the System, the Licence Holder/User shall be prohibited to:
3.1.1. use the System in a manner that could harm CatchSmart or its affiliates, or any CatchSmart customer;
3.1.2. use any unauthorised software or service, automated process or service (such as spider software, bot or meta search engine) to access, use or disrupt the System operation;
3.1.3. use any means to modify or reroute (send to the wrong address) the System or attempt to modify or reroute it;
3.1.4. damage, disable, overload or weaken the System or the network connected to the System, or prevent another user from using the System;
3.1.5. take actions that would be aimed at damaging the System or circumventing its security systems or illegal copying of the System or its data. Illegal activities in the System shall be considered all activities, for the implementation of which the permitted (on-screen) commands are not used, regardless of the purpose of such activities;
3.1.6. convert any part of the System, as well as break or change any of the System files/codes;
3.1.7. rent, lease, lend, distribute, sell, license, or otherwise transfer the System, or create derivatives of the System. Licence Holder/User shall not have the right to modify or remove any marks and/or notices of copyright, trademarks or other rights or references to them that are mentioned in the System;
3.1.8. transfer the System to third parties (persons without the Licence User’s right granted to the Licence Holder) for commercial or non-commercial use or application.
3.2. A derivative of the System in the context of these Terms and Conditions shall mean any software (in the form of source code or executable code) and/or a copy thereof, or all copies thereof, developed by or on behalf of the Licence Holder and based on or derived from any part of the System, including, but without limitation, that refer to any adjustment, modification, enhancement, amendment, shortening, compression, extension, or any other form in which the Product may be processed, transformed, or adapted and which, if performed without the permission of CatchSmart, would create a breach of System patents, copyrights or trade secrets, or would otherwise make it possible to illegally use the confidential information of CatchSmart.
3.3. If any other products based on the CatchSmart System are created or any other derivatives are created, the Licensor shall own all copyrights and proprietary rights regarding them. If, under any regulatory enactments, regulations or other circumstances, the Licence Holder or a third party is entitled to any rights regarding such derivatives, the Licence Holder shall transfer all such rights to the Licensor at no additional charge.
3.4. The Licence Holder undertakes to indemnify CatchSmart for all and any damages resulting from the unlawful actions of the Licence Holder and its Users.
4. Management of User and Access Rights
4.1. The following persons can become System users:
4.1.1. the institution that has concluded a Licence Agreement with CatchSmart (the Licence Holder), its employees or authorised persons, who are entitled to access the System and use the data contained therein on behalf of the Licence Holder;
4.1.2. other persons to whom the Licence Holders have granted User rights, such as the cooperation institutions of the Licence Holder.
4.2. The Licence Holder shall create and register Users in the System and shall grant them access rights to the System.
4.3. After the User is registered, the initial User’s password for the first access to the System shall be automatically assigned by the System, which shall be sent to the respective User according to the contact information specified by the Licence Holder.
4.4. The User shall be responsible for changing the original password to secure password known only to the User and to change the password at least once a year.
5. Technological Rules of System Use
5.1. The System is responsive and operates on a computer with an internet browser and an internet connection.
5.2. The System is available on the internet via the standard browsers. It is recommended to use browser versions released within the last 5 years.
5.3. The download speed of data and images depends on the speed of the internet connection used by the User.
6. Warranty and Warranty Liability Disclaimer
6.1. CatchSmart System provides the following warranty options during its use:
6.1.1. error reporting using the service application tool within the System or the e-mail specified in the Licence Agreement;
6.1.2. resolving of the reported errors, by obtaining additional information from the Licence Holder, if necessary;
6.1.3. issuing of the reported error corrections or error avoidance solutions;
6.1.4. consultation on the use of the System.
6.2. CatchSmart cannot guarantee the System operation without errors or malfunctions.
6.3. CatchSmart does not provide any guarantees, neither express, nor implied, regarding the suitability of the System for the specific purposes or specific business processes of the Licence Holder.
6.4. The Licence Holder assumes the risk of using the System and agrees that the System is available to the extent and quality as specified by CatchSmart and the Licence Holder on the date of concluding the Agreement.
7. Intellectual Property Rights
7.1. The System is protected by the Copyright Law of Latvia and international copyright treaties, as well as other laws and regulations regarding the protection of intellectual property. CatchSmart reserves the right to exercise all and any copyrights towards the System at any time in accordance with the applicable national regulatory enactments, European Union and International Treaties, and the transfer of any proprietary rights to the Licence Holder shall in no way constitute the consent of CatchSmart not to exercise its rights.
7.2. All ownership to the System in all countries of the world and intellectual property related to it shall remain the sole property of CatchSmart.
7.3. The Licence Holder must observe and retain the designations of CatchSmart copyright, patents, and/or trademarks in the System. All rights relating to the System that are not expressly granted to the Licence Holder under the Licence Agreement are and shall remain the responsibility of CatchSmart
7.4. In the context of these Terms and Conditions and the Licence Agreement concluded between the Licence Holder and CatchSmart, Intellectual Property shall mean all patents, copyrights, trademarks, service marks and trade designations (registered and unregistered), trade secrets, technological know-hows, inventions, licences and all other proprietary rights worldwide related to the System and its derivatives, or any products that incorporate the elements of the System, all documentation (in electronic and other formats), including technology, manufacturing, programming, functionality, instructions and market research data, authorship, origin, design, usefulness, technology, production, and operation, and all confidential data relating to the System.