End User License Agreement
This end user license agreement (hereinafter, the “agreement”) constitutes a legally valid contract between you, acting either as an individual or a legal entity, and MIO Research Labs SL.
Before installing, obtaining a license key or otherwise accessing or using software that is the property of MIO Research Labs SL, please read the terms and conditions of this agreement that accompany this agreement (hereinafter the “software”).
The purpose of this software license agreement is as follows::
The Dual link BaR POS application is a management and cash collection application for catering establishments. it uses the iOS operating system and it runs on iPads. It synchronizes with other applications, such as Dual Link BaR Waiter, allowing the user to take and submit orders to the pos application (Dual Link BaR POS), to a printer located in the kitchen, bar, etc., or to the Dual Link BaR Chef application for processing.
The Dual Link BaR Waiter application is an application that makes it possible to process orders. It uses the iOS operating system and runs on iPhones or iPods. It synchronizes with Dual Link BaR POS and with Dual Link BaR Chef.
The software is protected by copyright, in accordance with the provisions of the Spanish intellectual property law, approved by royal legislative decree 1/1996, of April 12. by dint of this agreement, you are granted a license, which under no circumstances constitutes a sale of the product.
By installing, obtaining a license key, or accessing and using the software by any other legitimate means, you acknowledge that you have read this agreement, that you understand it and that you accept and agree to be bound by its terms and conditions. If you accept this agreement on behalf of a company (an “enterprise”) as a legally authorized representative thereof, you express and guarantee that you have sufficient powers to bind said enterprise by these terms and conditions, and references herein to “you” shall be construed both as a reference to you as an individual end user, and to the legal entity on whose behalf you accept this agreement.
Before installing, obtaining a license key or otherwise accessing or using software that is the property of MIO Research Labs SL, please read the terms and conditions of this agreement that accompany this agreement (hereinafter the “software”).
1.1. 1.1. Grant of License.
Subject to your full and continuing compliance with the terms and conditions of this Agreement, including but not limited to payment of the license fees, MIO RESEARCH LABS SL grants to you, on acceptance, a personal, limited, non-exclusive, non-transferable (except as provided in clause 1.6), revocable and non-assignable license to use the Software in the country or region where you have obtained the Software through an authorized distributor of MIO RESEARCH LABS SL, during the Term thereof, exclusively in the form of codes for code-reading machines, together with such user manuals as may accompany the Software (the “Documentation”) and only as authorized in this Agreement.
For the purposes of this Agreement, the term “Software”, is understood to include all updates, enhancements, modifications, revisions or additions to the Software made by MIO RESEARCH LABS SL and made available to end users through the Apple App Store. Nevertheless, MIO RESEARCH LABS S.L. will not have any obligation to provide updates, enhancements, modifications, revisions or additions to the Software.
1.2. 1.2. Scope of Use.
Your license to use the Software is subject to the following restrictions to the license, and any use of the Software that violates any of these restrictions or any other terms and conditions of this Agreement constitutes a breach of this Agreement and is not protected by the license.
You may use one copy of the Software activated by a license key on a single Apple mobile device such as an iPhone, iPad or iPod Touch, owned by you, under lease or otherwise under your control at any given time (hereinafter the “Approved Mobile Device”). If you have several available license keys for the Software, you may install and use as many copies of the Software as license keys provided, each on an authorized mobile device and only as authorized in this Agreement.
For the purposes of this Agreement, the term “use” of the software means loading the Software into the memory of an Authorized Mobile Device. You may not use the Software nor may you distribute or install it in a larger number of mobile devices than the number of license keys that you possess. If you use or distribute the Software to multiple users, you must ensure that the number of mobile devices does not exceed the authorized number of license keys you have obtained. Were you to do so, you will be in breach of this Agreement and such use or distribution shall not be covered by the license.
1.3. 1.3. Apple App Store.
When purchasing the software through the Apple App Store for use in Authorized Mobile Devices such as an iPhone, iPad or iPod Touch, you acknowledge that:
1. You agree that this Agreement is signed solely between you and MIO RESEARCH LABS SL, and not with other entities (“third parties”) and that only MIO RESEARCH LABS SL is responsible for the Software. MIO RESEARCH LABS S.L. only grants you a license to use the Licensed Software on your Authorized Mobile Device in accordance with the terms and conditions that are set out in this document.
2. MIO RESEARCH LABS S.L. does not grant you any third party license that may be required to use or run the Software on your Authorized Mobile Device and you are solely responsible for obtaining all necessary software licenses from respective third parties, including Apple Inc.
3. You agree that you will not use the Software in any way that is in conflict with, or violates, the terms and conditions of service or other agreements between you and any third party.
4. You acknowledge that Apple is not responsible for providing maintenance and support services in connection with the Software.
5. 5. You acquired the Software through the Apple App Store and acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
6. 6. You acknowledge that you are responsible for protecting your password and your Authorized Mobile Device against any unauthorized use and MIO RESEARCH LABS SL shall have no liability were anyone other than you to log onto your account in MIO RESEARCH LABS SL or to access your personal data or your Authorized Mobile Device.
7. You understand and acknowledge that you are solely responsible for creating backup copies of all data accessed or used through the Software and MIO RESEARCH LABS SL is not liable for any damages caused by lost, corrupted or damaged data.
8. iPhone, iPad, iPod Touch, Apple Store, App Store and their logos are trademarks of Apple Inc.
1.4. 1.4. Evaluation Licenses.
If you have obtained a trial or evaluation copy of the Software, available free of charge via the Apple App Store, you may make use of its limited functionality for non-commercial internal purposes, exclusively to assess to what extent the Software fits your needs. If you want to have the full functionality of the Software, you must purchase a license key. Asimismo cabe la posibilidad que la licencia de Software adquirida a través del distribuidor autorizado de MIO RESEARCH LABS S.L sea instalada y configurada por usted, bajo su propia responsabilidad, asumiendo los daños y perjuicios que de tal actuación pudieran surgir.
1.4. 1.4. Evaluation Licenses.
If you have obtained a trial or evaluation copy of the Software, available free of charge via the Apple App Store, you may make use of its limited functionality for non-commercial internal purposes, exclusively to assess to what extent the Software fits your needs. If you want to have the full functionality of the Software, you must purchase a license key.
1.5. 1.5. Copies and Modifications.
Except exclusively to the extent to which such restriction is prohibited by applicable law, you may not reverse-engineer, decompile, disassemble, or otherwise translate the Software or any license keys you may have obtained. You may not modify or adapt the Software or any license keys you have obtained in any way. You, or any person under your authority or control, may not copy the Software, Documentation or license keys, or any part thereof.
1.6. 1.6. Assignment of Rights.
You may not sublicense, rent, lease or lend your rights to the Software, Documentation or license keys granted by this Agreement without the prior written consent of the MIO RESEARCH LABS SL dealer from whom you obtained the Software license. You may however transfer this entire Agreement within the framework of a global transfer of practically all the assets to which this Agreement refers, as long as the assignee assumes all the obligations that are incumbent upon you under this Agreement, as well as the order form submitted to the authorised distributor, it being understood that the licenses granted thereby only cover the use of the software on the Authorized Mobile Device on which the Licensed Software was installed prior to the assignment. MIO RESEARCH LABS S.L. is entitled to assign this Agreement without limitation. Any assignment in violation of the aforementioned shall be null and void. Subject to the above, this Agreement binds the parties and their respective successors and permitted assignees.
1.7. 1.7. Backup Copy.
MIO RESEARCH LABS S.L. is not responsible for possible changes or loss of data that may occur on the Authorized Mobile Device, and you remain responsible for the corresponding backups.
The DUAL LINK BAR POS application stores data in the database together with images and associated documents, within the Authorized Mobile Device itself, in this case an iPad. Therefore, MIO RESEARCH LABS SL recommends performing daily backups to be able to reinstall the software with no loss of data, should it be necessary to do so.
MIO RESEARCH LABS S.L. only guarantees the recovery of the data in the backups on your Authorized Mobile Device or those that are held in an external storage device, provided that such copies do not show any form of deterioration or anomaly that might result in damage to or loss of the data.
MIO RESEARCH LABS S.L. shall not be liable in any way for any alteration of the backups that you may make, or for any anomalies that may arise in the content thereof that may cause damage to or loss of the data.
MIO RESEARCH LABS S.L. offers you the possibility to obtain an automatic backup of your backup copy via the Apple cloud storage system, “iCloud” which is where the backup of data stored by the MIO RESEARCH LABS SL software will be located. If this is of interest, you must ask MIO RESEARCH LABS SL to create and set up your iCloud account.
The iCloud storage service belongs to Apple and is totally unrelated to MIO RESEARCH LABS SL. Therefore, you expressly acknowledge that MIO RESEARCH LABS SL is not responsible for operating the storage service in the cloud, thus exempting it from any liability that may arise therefrom, and that you are subject to the usage license that you will find at: http://www.apple.com/legal/internet-services/icloud/la/terms.html.
1.8. 1.8. Technical Support and Maintenance. Updates.
MIO RESEARCH LABS S.L. will not provide support or maintenance services under this Agreement. You acknowledge that MIO RESEARCH LABS S.L. does not have any obligation, explicit or implied, to announce or make available, any update, upgrade, modification, revision or addition to the Software and that this Agreement does not grant you any rights to any of the above. MIO RESEARCH LABS S.L. may offer you support and/or maintenance services independently. If together with the Software you have contracted technical support and/or maintenance services through any MIO RESEARCH LABS SL authorized dealership, such services will be provided within the terms and conditions that accompany the service in question.
2. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
2.1. 2.1. Reports on Use, License Violations and Resources.
MIO RESEARCH LABS S.L. reserves the right, and you authorize MIO RESEARCH LABS SL to collect data on the use of keys, including the license key numbers, the IP addresses of the Authorized Mobile Devices or any other identifier of the device (including MAC or UDID addresses), domain accounts and other information deemed relevant, to ensure that our products are being used within the terms and conditions of this Agreement. MIO RESEARCH LABS S.L. reserves the right to remedy violations of any of the terms and conditions of this Agreement when detected, charging the then current price according to the price list for unauthorized keys, using the payment method used to make the original purchase, or by any other means necessary, including remote deactivation of the Software. You agree not to block, electronically or by any other means, the transmission of data required for compliance with this Agreement. All blocking or locking of data necessary for the fulfilment of this Agreement is considered an infringement thereof and will result in the immediate termination of the Contract in accordance with Clause 4.
2.2. 2.2. Automatic Update and License Expiry.
In the case of leased licenses, so that the corresponding update of the license may be verified, the corresponding annual payment must have been processed before the due date. MIO RESEARCH LABS S.L. has the right, but not the obligation, to use the contact details it holds for you, to send overdue license notices. It is your responsibility to contact your authorized MIO RESEARCH LABS SL dealer from whom you purchased the Software license, to resolve any potential expiry that you consider incorrect. MIO RESEARCH LABS S.L. assumes no liability for damages or costs incurred in connection with expired licenses. If your license key is stolen, or if you suspect any dishonest or illegal use of your license outside your control, you must immediately notify the authorized MIO RESEARCH LABS SL dealer from whom you purchased your Software license so that they may provide you with a new license, rendering the suspicious license inoperative.
2.3. 2.3. Software and Trademarks Property Rights.
You acknowledge that the Software and Documentation are the property of MIO RESEARCH LABS SL, and that the Software and Documentation are protected by Spanish copyright legislation and by other international laws and treaties concerning intellectual property. You acknowledge and agree that MIO RESEARCH LABS SL owns all rights to and has full ownership of the Software and Documentation, including the corresponding intellectual property rights under the laws governing copyright, trade secrets, patents or trademarks.
Except for the limited and revocable license that is expressly granted in this Agreement, said Agreement does not grant you any ownership or rights of any kind over the Software or Documentation, or any intellectual or industrial property rights owned by MIO RESEARCH LABS SL, either tacitly, by doctrine of Estoppel, impediment, preclusion or otherwise. All trademarks or service marks that MIO RESEARCH LABS SL uses in connection with the Software or with services rendered by any authorized MIO RESEARCH LABS SL dealers are trademarks of MIO RESEARCH LABS S.L. This Agreement does not grant you any rights to those trademarks, and you may not invoke any right or license to those marks nor to any words or designs that are so similar to them that they may lead to confusion
2.4. 2.4. Confidentiality.
You will only allow the use of the Software or access to Documentation to authorized users in possession of legitimately obtained license keys. Unless otherwise authorized by this Agreement, you will not make the Software, Documentation or license keys available to any third party, nor will you make use of the Software, Documentation or license keys for purposes other than the exercise of the rights expressly granted in this Agreement. You agree to cooperate with MIO RESEARCH LABS SL and to provide assistance to identify and prevent any unauthorized use, copying or disclosure of the Software, Documentation, or any part thereof.
2.5. 2.5. Consent to Use of Data.
You agree that MIO RESEARCH LABS S.L. may collect and use technical data and related information – including, but not limited to, technical information on your mobile device, system and application software, and peripheral devices – which is collected periodically to facilitate the provision of software updates, product support and other services, if any, to be performed in connection with the Software. MIO RESEARCH LABS S.L. may make use of such information, provided it is in a format that does not allow you to be identified personally, to operate, provide, improve and develop our products, services and technologies, to prevent or investigate fraudulent or dishonest use of our products, services and technologies, for research and development and for other purposes as described in this Agreement or that may be notified to you, all as part of our products and services.
2.6. 2.6. Audit Rights.
During the term of this Agreement, and for the next two (2) years after its termination or expiration, MIO RESEARCH LABS SL may audit, upon written notice to you, your books, records and computer devices to determine compliance on your part with this Agreement and the payment of the license fees, if any, of the Software. In the event of such an audit revealing an underpayment representing more than five percent (5%) of the license fees to be paid to MIO RESEARCH LABS SL for the period audited, or that you have breached any of the
terms and conditions of this Agreement without prejudice to other recourses available to MIO RESEARCH LABS SL, you must immediately pay MIO RESEARCH LABS SL the unpaid portion.
3. LICENSE FEES
The Software will be available for use once you have processed the acquisition of the Software through an authorized MIO RESEARCH LABS SL dealer. The license fees shall be established in the order forms that the authorized dealer of MIO RESEARCH LABS SL shall process and which you must sign to consent to the purchase of the software licenses that you require. The License fees you pay are in return for the license granted under this Agreement. The License fees you pay are in return for the license granted under this Agreement. The sale of licenses through an authorized MIO RESEARCH LABS SL dealer is firm and MIO RESEARCH LABS S.L. will not reimburse license fees under any circumstances. By accepting this Agreement, you fully understand that once the payment of the license has been made to the authorized MIO RESEARCH LABS SL dealer, you cannot ask for full or partial refund of fees.
4. 4. Term and Termination.
This Agreement shall be effective upon acceptance, or installation, access or use of the Software, even if you had not expressly accepted this Agreement. This Agreement shall remain in force until expiration or early termination in accordance with this document (hereinafter the “Effective Term”). Licenses that have an effective term terminate upon expiry of the period paid in advance, unless you have paid the fees for an extended term. Without prejudice to any other rights, this Agreement will automatically terminate without notice if you breach or fail to enforce any of the limitations or other requirements described in this Agreement, including the applicable payment of fees, and you agree that in this case MIO RESEARCH LABS SL shall be entitled, in addition to any other rights that it may have in law or in equity, to remotely disable the Software. You may terminate this License Agreement at any time by giving written notice of your decision to terminate to MIO RESEARCH LABS SL and by ceasing to use the Software and Documentation. Upon termination or expiration of the Agreement for any reason, you agree to uninstall the software and to destroy the license keys and any documentation you may have.
The termination of this Agreement, Software, Services or your Account will include all or some of the following situations: (i) Annulment of access to all or part of the Services, (ii) Deletion of your password and all related information, together with files and content associated with or inside your Account, and (iii) Prohibition to subsequently use all or part of the Software and/or Services.
You shall, at your expense, indemnify and hold MIO RESEARCH LABS SL and their officers, directors and employees, harmless against all claims, demands, liabilities, losses, damages, judgments, costs and expenses, including attorneys’ fees (collectively, the “Claims”) arising from the use of the Package (as such term is defined below) by you, or by anyone related to you, or by any party acting with your authorization, in a manner not expressly authorized by this Agreement.
6. LIMITATION OF LIABILITY
MIO RESEARCH LABS S.L. is not liable for any direct damages that you may suffer, as long as they are not the direct cause thereof. MIO RESEARCH LABS S.L. shall be held exempt from any liability for damage, loss of business, revenues or profits, consequential damages, lost profits or business opportunities, deterioration or loss of data that you or others may suffer, which are due to actions or omissions directly attributable to you, your employees or personnel employed by you, or in your service, or that of third parties. Also, MIO RESEARCH LABS S.L. will not be held liable for: (i) any breach by you of any applicable regulations regarding the use of the licensed Software; (ii) fines, compensation and damages resulting from any breach of your obligations; (iii) lack of access or problems inherent in Internet connectivity or electricity networks; (iv) MIO RESEARCH LABS S.L. will in no case be liable for any damages or liability imposed on you as a result of any claim or any legal, judicial or extrajudicial action filed against you for violating the rights of others and/or for violating any applicable regulations that derive from the content of data that is the stored in or transmitted or received by the licensed Software.
MIO RESEARCH LABS S.L. is completely unrelated to, is not involved in the creation, transmission or provision of, and does not exercise any kind of prior control over nor does it guarantee the legality, infallibility and utility of content transmitted, distributed, stored, received, obtained, made available or accessible via or through the services provided, declining any liability which might arise.
MIO RESEARCH LABS S.L. is also not responsible for errors that may occur in calculations, operations or any manner of action performed with the licensed applications. MIO RESEARCH LABS SL’s potential liabilities resulting from this Agreement will be limited to a maximum amount expressly agreed by the parties, to the sum of all amounts paid by you during the last six months preceding the event causing the damage, both for each incident and for the sum of all the incidents in that period.
Notwithstanding the pacts agreed in this clause, both parties agree that any indemnity for damages that may potentially arise from the breach of this contract must necessarily be modest and should have, among others, the following criteria as a reference: a) the existence of a reasonable relationship between the levels of guarantees and the agreed compensation, b) the state of the technology at any given moment and the customs and traditions of the companies operating in the sector; c) the type and nature of the applications licensed in relation to the risks inherent to your business.
In no case will MIO RESEARCH LABS S.L. or its dealers be liable for any damages whatever these may be (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) resulting from the use or inability to use the software, even if MIO RESEARCH LABS SL were to have been advised of the possibility of such damages.
MIO RESEARCH LABS S.L. shall not be held liable for any damages you may suffer, if such damages are caused by the misuse of the Software, the poor state of the Authorized Mobile Device, peripheral devices, hardware and software owned by other providers, or accessories of the device used for access, or if the licensed applications were misused, or if the instructions were not followed correctly. MIO RESEARCH LABS S.L. is not responsible for deficiencies in performance that may be caused by external technical resources.
7. General Terms and Conditions
7.1. 7.1. Feedback. If you provide MIO RESEARCH LABS SL with ideas, comments, suggestions, materials, information, opinions or anything similar (Collectively, “Feedback”), regardless of the accompanying communication, MIO RESEARCH LABS SL does not have any obligation to review, consider or apply your Feedback, and will be understood that it is given on a non-confidential basis; MIO RESEARCH LABS S.L. and its successors have an unconditional and unlimited right to use, reproduce, modify and disclose such Feedback without any right to compensation or remuneration, and you waive any kind of so-called “moral rights” that you may hold on the Feedback.
7.2. 7.2. Personal Data Protection. MIO RESEARCH LABS S.L. is committed to respecting the privacy of such personal data as may be provided for the purposes of this Agreement, in accordance with the provisions of Spanish Organic Law 15/1999, of December 13 concerning Personal Data Protection. Personal data provided in relation to this Agreement will be included in a file that is the property of MIO RESEARCH LABS SL. You hereby authorizes this data to be processed in order to perform this Agreement as well as to advertise our services and products to you. If you do not wish to receive commercial information, please let us know by sending a message to the address provided in section 8.9 of this contract.
As provided in Organic Law 15/1999 concerning Personal Data Protection, you can exercise your rights of access, rectification, cancellation and, where appropriate, opposition by sending a written request accompanied by a photocopy of your ID, to the address provided in the Section 8.9 of this contract.
7.3. 7.3. Applicable Law and Choice of Jurisdiction. These terms and conditions are subject to Spanish Law. Should any dispute arise from the interpretation or enforcement of these terms and conditions, the parties will be subject to the Courts of Alicante, expressly waiving any other jurisdiction that may apply.
Were you to have acquired the Software outside Spanish territory, in any country of the European Union: the preceding articles shall be without prejudice to the rights granted to you under applicable law with restricted reserve, by virtue of which you may be entitled to bring legal action before the local courts of law.
7.4. 7.4. Partial Nullity. If any provision of this Agreement is declared invalid or unenforceable in a particular situation by a judicial or administrative authority, such declaration shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement, nor the validity or enforceability of the term or provision in question as it applies to any other situation. As far as possible, the provision will be interpreted and enforced to the maximum extent permitted by Law in order to give effect to the original intention, and if the law does not allow that interpretation or application, it shall be deemed excluded from the Agreement.
7.5. 7.5. Headings. The headings of the Articles and Clauses contained in this Agreement are included merely for reference and shall not affect the meaning or interpretation of this Agreement.
7.6. 7.6. No Waiver. The fact that one party does not enforce the rights granted under this Agreement or fails to bring proceedings against the other party in the event of a breach thereof shall not be construed as a waiver by that party of the enforceability or future exercise of rights and remedies in the event of future breaches.
7.7. Modification. MIO RESEARCH LABS S.L. reserves the right, at its sole discretion, to modify this Agreement whenever it sees fit, by posting an updated version on the webpage https://www.dual-link.es/eula/,it being understood that any dispute arising thereunder shall be resolved in accordance with the terms and conditions of the Agreement in effect at the time such dispute were to arise. We encourage you to review the published version of the Agreement from time to time in order to keep abreast of any changes. Significant changes to the terms and conditions of this Agreement shall take effect on the first of the following dates: (i) The first time you use the Software after you become aware of the change, or (ii) Within 30 days after the publication of the modified contract at https://www.dual-link.es/eula/. In the event of discrepancies between this Agreement and the latest version of this Agreement published in https://www.dual-link.es/eula/, the most current version will prevail. Your use of the Software following the implementation of the amended Agreement constitutes your acceptance of the modified Agreement. If you do not accept the modifications made to this Agreement, it is your responsibility to terminate this Agreement as provided in Clause 4.
7.8. 7.8. Contact details. You can contact MIO RESEARCH LABS SL for more information about the Software and other products and services from MIO RESEARCH LABS SL in Alicante, Avenida de la Rambla nº 18, primero 03550 Sant Joan d’Alacant, or visit our website: https://www.dual-link.es
Additional terms and conditions for Services
Dual Link Manager
With this tool you will have absolute control of what happens in your business, you can control every aspect of it remotely without being present (change prices, check stock, export data to Excel, check fees or billing, monitor surveillance and security, access surveillance cameras from the same application, etc.)
If the license acquired through a MIO RESEARCH LABS SL dealer allows you to use the Services that the Dual Link Manager module provides, the following terms and conditions that complement the Agreement therefore also apply:
8. Your registration obligations.
In order to access and use certain features of the Services or functions of the purchased license, you must provide an email account to which, once we in MIO RESEARCH LABS SL have checked your license, we will send an email containing your username and temporary password data to allow you to access your Dual Link Manager service account (“Account”) via the following web link http: http://dual-link.es/1/boss/.
Once inside the administration area, you accept and understand that you are responsible for changing the temporary password that you have been given for a new one of your choice. You hereby agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your Account. Accordingly, you agree that you are solely answerable to MIO RESEARCH LABS SL for all activities that take place within your account. If you become aware of any unauthorized use of your password or your account, you agree to immediately notify MIO RESEARCH LABS SL by writing to email@example.com
9. DATA SYNCHRONIZATION
In order for you to have access to Software data stored in the Authorized Device, you must first activate the ‘Synchronize with Boss Manager” option that you will find in the Administration options of the DUAL LINK BAR POS application.
By activating the synchronization feature you expressly agree that software data stored in the Authorized Device may be transferred to servers currently held by MIO RESEARCH LABS SL in Microsoft Azure, which guarantee an annual availability of 99% or as indicated in http://azure.microsoft.com/es-es/support/legal/sla/,
http://azure.microsoft.com/es-es/support/legal/sla/, thereafter establishing a Data synchronization that will be carried out, by default, when the till is opened and closed. In addition, you can also activate the real-time synchronization option, which will enable immediate data access without having to wait for the till to be opened or closed.
9.1. 9.1. Interruptions by beyond the control of the company.
MIO RESEARCH LABS S.L. shall not be liable for interruptions in the availability of said Information and service due to reasons of force majeure or others that are beyond its control The following elements or resources are considered beyond the control of MIO RESEARCH LABS SL, among others: (I) Computer system. (II) Connection software. (III) Web browser software. (IV) Virus. (V) Access to the Internet by either party using the means available, switched telephone network, ISDN, xDSL, frame relay, cable, satellite and any other transmission or telecommunication infrastructure and the bandwidth available therein.
9.2. 9.2. Temporary interruptions.
MIO RESEARCH LABS S.L. may temporarily interrupt the storage of information on its servers, or the availability of the information by Internet users, for security reasons, maintenance requirements, or due to the restructuring of MIO RESEARCH LABS SL’s computer resources. These interruptions, which are not taken into account when calculating the service levels set out in clause 9 above, will be aimed at improving its storage services and the provision of information through the Internet. In any case, MIO RESEARCH LABS S.L. will make every effort to ensure that such interruptions affect you as little as possible. Whenever possible, in the case of scheduled interruptions, MIO RESEARCH LABS SL shall either notify you in advance itself, or through its dealers.
9.3. 9.3. Subcontracting.
MIO RESEARCH LABS S.L. will outsource storage services and safekeeping of backup data to third parties, whenever necessary, always respecting the obligations imposed by the Data Protection Act and its regulations.
9.4. 9.4. Security.
MIO RESEARCH LABS S.L. never stores your password in plain text. When we need to store your account password in order to authenticate it in a secure way, we use MD5 + SALT with a unique value for each credential.
Securing our Internet-oriented web service is vital to protect your data. Our security team regularly evaluates our service looking for common application safety issues, including: CSRF, injection attacks (XSS, SQLi), session management, URL redirection and clickjacking.
MIO RESEARCH LABS S.L. uses industry standard encryption to protect your data in transit. This is commonly known as transport layer security (“TLS”) or Secure Socket Layer technology (“SSL”).
In addition, we support HTTP Strict Transport Security (HTTPS) for the Dual Link Manager service (https://dual-link.es/1/boss/) module. We intend to continue improving our position as far as transport security is concerned, in order to reinforce our commitment to protecting your data.
We encrypt all traffic flowing through this link by GCM-AES-128 encryption through the MACsec protocol.
We back up our customers’ entire contents at least once a day and we replicate those backups in our backup centre. This process ensures that we can recover them in our primary data centre after a complete site failure. We do not use portable or removable media for backups.
When you synchronize your data with our servers, they are stored in a private, gated cell in one of our data centres. These data centres are attended and monitored 24x7x365.
9.5. 9.5. Suspension of the services.
MIO RESEARCH LABS S.L. reserves the right to temporarily suspend the service it provides due to any incident experienced in the payment of the product and/or non-payment, until its resolution. If after having received a temporary suspension notice the client does not pay the amount outstanding, the product will be permanently deactivated due to his or her breach of contract. In the case of a product deactivation due to non-payment, all data stored in MIO RESEARCH LABS SL servers will be lost. If the product is then re-licensed, it will be necessary to re-synchronize all the data again.
10. Special features of the Services.
Certain features of the Services are available provided you have acquired the corresponding license for such specific functionality. These features are therefore only available as long as the corresponding Software license remains in force.
11. Your use of the Services.
The services are intended exclusively for persons over eighteen (18) years of age.
You agree to use the Services only for the purposes permitted by (i) this Agreement and (ii) Spanish law in force in the relevant jurisdictions.
In connection with your access to or your use of the Services, you hereby agree not to:
- Engage in any activity that interferes with or disrupts the Services (or servers and networks connected to them);
- Introduce viruses, worms, Trojan horses, time bombs or any other computer code, files or similar harmful data likely to damage, interfere with, surreptitiously intercept or capture a system, data, personal information or other people’s property;
- Consume a disproportionate amount of CPU time, bandwidth, memory storage space or other system or network resources, or exceed the limits imposed by MIO RESEARCH LABS SL on the maximum concurrent use of the Services;
- Use the Services in any way likely to damage, disable, overburden or hinder any MIO RESEARCH LABS SL server (or networks connected to any MIO RESEARCH LABS SL server) or interfere with the use and enjoyment of the Services by any party;
- Try to access, in an unauthorized way, other accounts, computer systems or networks connected to any MIO RESEARCH LABS SL server or Services through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally provided through the Services;
- Engage in any systematic extraction of data or data fields, including, among others, e-mail addresses;
- Sell, lease or rent access to or use of the Services, or otherwise transfer the rights to use the Services under this Agreement;
- Defraud, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Falsify or delete copyright management information (for example, authorship attributions, legal notices or notices of a similar nature, or proprietary designations), or labels relating to the origin or source of the software or other material contained in a transferred file, or
- Transmit files that contain images, photographs, software or other material protected by intellectual property laws, including, but not limited to, copyright or trademark laws (or privacy or advertising rights) unless you own or control such rights or have received the necessary authorization.
You agree that you are solely responsible (thereby exempting MIO RESEARCH LABS SL from any liability to you or third parties) for any breach of your obligations under this Agreement and for the consequences of such a breach (including any loss or damage that MIO RESEARCH LABS SL might suffer).
12. Responsibility and use of the Content.
You agree that you are solely responsible (exempting MIO RESEARCH LABS SL from any liability to you or any third party) for any Content you transmit using the Services and for the consequences of your actions (including any loss or damage that MIO RESEARCH LABS SL might suffer) due to such actions).
MIO RESEARCH LABS S.L. does not verify, endorse or claim ownership of any Content; you will retain all rights to, ownership of and interests in such Content.
You hereby acknowledge that the Services are automated and MIO RESEARCH LABS SL staff will not access or display any Content, except in relation to the provision of services, which will include, among others, the following: (i) During an interruption of the Services, (ii) To solve any problem of the Services, or (iii) As necessary or advisable by MIO RESEARCH LABS SL, acting in good faith, in order to meet legal requirements or to subject itself to legal proceedings.
MIO RESEARCH LABS S.L. is not liable to you for any direct, indirect, incidental or consequential damages arising out of your use or inability to use or access the Service, regardless of whether such damages are subject to any theory of law or equity. Damages excluded by this clause include, but are not limited to, your computer equipment or software, loss or damage to your business or data, or damages, including lost profits or business opportunities, related to or caused, directly or indirectly, by a failure in the Service.
13. Suspension of Services.
As a rule, MIO RESEARCH LABS S.L. does not monitor user activity related to the Services. However, if any possible breach by you of the conditions that are laid down in this Annex or of any other provision of this Agreement should come to the attention of MIO RESEARCH LABS SL, MIO RESEARCH LABS SL reserves the right to investigate such violations and, at its sole discretion, it may terminate or suspend your use of the Service without prior notice. If, as a result of these investigations, MIO RESEARCH LABS SL were to believe that criminal activity has taken place, we reserve the right to refer the matter to the relevant authorities and to collaborate with them.