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Terms of Use
A Introduction
This document is targeted at companies, professionals, entities, and individuals interested in procuring any of the computer programs offered under the CATALOGPLAYER brand, provided they are fully or partially sold as an SaaS solution and their main purpose is to establish the general terms and conditions the contracting parties can leverage to access the software, without prejudice to the matters indicated in any particular conditions that may be established with the party concerned.
Commercial and technical information on the software can be found on the brand’s website www.catalogplayer.com, and/or by placing requests with the communication channels made available on the site.
If you have any questions about the information supplied herein or would like further details, please email our sales team at sales@catalogplayer.com.
B Definitions
“SUPPLIER”
Camaleon Systems Group S.L., a Spanish enterprise with registered office at Avda. Sant Julia, 1, puerta 16 Granollers (08403), Barcelona province, holder of tax ID code (CIF) B64404619, or any of its subsidiaries.
“CUSTOMER”
The duly represented natural or legal person that procures the SaaS services and related user license for the CONTRACTED SOFTWARE and declares itself the owner of the equipment or in possession of the owner’s authorization to use it. The term CONTRACTING PARTY may also be used indistinctly.
“EQUIPMENT”
Digital tablets, smartphones, desktop/laptop computers, and any other device explicitly authorized by the SUPPLIER in which any of the CUSTOMER APPLICATIONS can be installed or used to directly access them, considering the minimum requirements for each piece of equipment or operating system. Devices not specifically authorized by the supplier shall not be considered EQUIPMENT for the purposes of this document, even if they eventually become fully functional.
“SaaS”
Software as a Service, i.e., a method of software delivery and licensing whereby software is accessed online via a subscription rather than bought and installed on individual computers.
“SaaS SERVICES”
The services the SUPPLIER provides to the CUSTOMER over the SaaS PLATFORM in relation to the CONTRACTED SOFTWARE.
“SaaS PLATFORM”
The SUPPLIER-developed and managed computer platform that essentially comprises two parts:
“CENTRAL SYSTEM”: consists of different hardware, software (including the Administration Panel, among others), and communication and service systems provided by the SUPPLIER or third parties contracted by it, accessible over the Internet, where the information and data the CUSTOMER supplies and handles is stored in a centralized manner using a specially enabled management panel.
“CUSTOMER APPLICATIONS”: consists of different compiled or online apps in different operating systems and formats, generically or personalized, and which interact with the CENTRAL SYSTEM via the Internet either online or by means of periodic synchronizations.
The overall platform, whether versioned or customized, involves a general system shared by all the CUSTOMERS that have procured SaaS SERVICES and been assigned a PRIVATE AREA.
“SALES PLAN”
Each of the groupings of the different computer modules and programs that make up the SaaS PLATFORM for commercial purposes. Plans are made with the aim of facilitating SaaS PLATFORM sales and adapting the platform to each CUSTOMER’s business model and activity. The SALES PLAN selected by the CUSTOMER is generally the CONTRACTED SOFTWARE. The plans have features, characteristics, limitations, and purpose-built specifications and are generally groupings determined by the SUPPLIER that cannot be changed by the CUSTOMER.
“CONTRACTED SOFTWARE”
Programs or apps owned by the SUPPLIER and sold under the CATALOGPLAYER brand that are selected by the CUSTOMER in the PROCUREMENT DOCUMENT and in relation to which the CUSTOMER procures the related user license/s in the sphere of the SaaS SERVICES provided by the SUPPLIER.
“PRIVATE AREA”
Number of CENTRAL SYSTEM information storage capacity units in digital format, plus apps, modules, and features, as well as CUSTOMER APPLICATIONS, modules, and features which, considered a closed element of the SaaS PLATFORM, are made available to the CUSTOMER by the SUPPLIER for contracted SaaS SERVICES provisioning.
“SaaS SERVICES PASSWORD”
The username and password the SUPPLIER assigns the CUSTOMER on a personal and nontransferable basis to log into the PRIVATE AREA in order to make use of the contracted SaaS SERVICES. This identification corresponds to that of the main ADMINISTRATOR USER.
“ADMINISTRATOR USER”
Combination of usernames and passwords offering special access to the CONTRACTED SOFTWARE, the sole purpose of which is to administer the PRIVATE AREA, particularly via the Administration Panel. It is never equivalent to an operational USERNAME and is especially linked to the CONTRACTED SOFTWARE user license. Each license generally has a single ADMINISTRATOR USER.
“USER”
Each of the username and password combinations that provide operational access to the CONTRACTED SOFTWARE and which are enabled by the ADMINISTRATOR USER via the Administration Panel. A single CONTRACTED SOFTWARE user license can have unlimited contracted USERS.
“PROCUREMENT DOCUMENT”
A written document or online form the CUSTOMER must complete to formalize the e-procurement process and which contains the particular contracting conditions of the SaaS SERVICES and corresponding CONTRACTED SOFTWARE user license.
“HANDBOOK”
A manual detailing the specific operational procedures and related technical features of each form of SUPPLIER-owned software.
“SLA”
Service Level Agreement, i.e., a document stipulating the conditions and parameters the SaaS SERVICES SUPPLIER undertakes to meet with given service levels for the CUSTOMER in relation to the CONTRACTED SOFTWARE.
C Terms of Use
C01 Scope
These Terms of Use are designed to establish the conditions under which the SUPPLIER shall provide the CUSTOMER with the contracted SaaS SERVICES. They regulate the following points in order to ensure correct SaaS SERVICES provision:
Remote or local access and use by the CUSTOMER of the CONTRACTED SOFTWARE forming part of the SaaS PLATFORM housed in its EQUIPMENT and/or the SUPPLIER’s systems.
Concession to the CUSTOMER of the CONTRACTED SOFTWARE user license.
C02 SaaS SERVICES Procurement Process and CONTRACTED SOFTWARE User License
C02.1. To initiate the procurement process, you must accept these Terms of Use and complete the PROCUREMENT DOCUMENT which shall contain the particular procurement conditions from which you can select the SALES PLAN you want. Even in the event of customization as agreed on with the SUPPLIER, the Plan will constitute the CONTRACTED SOFTWARE when the procurement process has been duly finalized. In this regard, it is expressly stated that you can choose to complete the procurement process in accordance with the Terms of Use in at least the Spanish and English languages.
C02.2. At least the following must be indicated in the procurement process:
The number of license-associated USERS that will have access to the CUSTOMER APPLICATIONS covered by the CONTRACTED SOFTWARE, not counting the ADMINISTRATOR USER.
Contact details for the liaison officer tasked with centralizing and coordinating SUPPLIER relations, where applicable.
Billing data and payment method, except where the CONTRACTED SOFTWARE SALES PLAN is free.
C02.3. Conclusion of the procurement process shall be subject to:
The SUPPLIER checking the PROCUREMENT DOCUMENT.
The SUPPLIER checking payment by the CUSTOMER of the contracted service price. In the case of a periodic payment system, effective and correct subscription to the enabled online payment methods or proper completion and disclosure of payment details by CUSTOMER to SUPPLIER or authorized sales partner for other payment methods shall be checked. This check will not be necessary in the case of free CONTRACTED SOFTWARE.
Communication by SUPPLIER to CUSTOMER confirming the procurement.
C02.4. In the case of pay-to-use services, you must pay for the contracted service using a payment platform provided by the SUPPLIER on the www.catalogplayer.com website or authorized procurement platform and/or by completing the document required by the SUPPLIER or authorized sales partner for other payment methods. Once payment, subscription to the payment methods and/or suitable completion and communication of the documentation required by the SUPPLIER is verified, you will be sent confirmation of the procurement by email.
C02.5. Once the procurement has been signed off on, the SUPPLIER will assign you a PRIVATE AREA and email you the login data, which will include the SaaS SERVICES PASSWORD.
C02.6. You are hereby informed of and agree that the information contained on the www.catalogplayer.com website or authorized sales platform regarding procurement of the SUPPLIER’s software and the offers, estimates, and projects provided, where applicable, does not constitute a contractual offer or the start of business relations with the SUPPLIER but shall require compliance with the established specifications to conclude the procurement process in these Terms of Use in accordance with the applicable regulations.
C02.7. If you do not agree to these Terms of Use or any of the particular conditions provided in the PROCUREMENT DOCUMENT please refrain from using our site.
C03 CONTRACTED SOFTWARE User License
C03.1. The SUPPLIER grants the CUSTOMER a nontransferable and nonexclusive user license for the CONTRACTED SOFTWARE, solely under the terms and conditions indicated herein, in the PROCUREMENT DOCUMENT, in the HANDBOOKS, and in any other applicable documentation, whether on paper, disk, digital document, or any other support applicable at any given time.
C03.2. Use of the CONTRACTED SOFTWARE shall only be permitted to the CUSTOMER with a PRIVATE AREA and SaaS SERVICES PASSWORD and the maximum number of USERS indicated in the PROCUREMENT DOCUMENT.
C03.3. The CUSTOMER shall refrain from making copies, disclosing, or enabling third-party access to the CONTRACTED SOFTWARE.
C03.4. The rights you are granted under these Terms of Use extend to any update or new version that replaces and/or supplements the CONTRACTED SOFTWARE, except where the update or new version contains its own terms of use.
C04 CONTRACTED SOFTWARE Copyright
C04.1. The CONTRACTED SOFTWARE has been created by the SUPPLIER who reserves all copyright over it. The CONTRACTED SOFTWARE cannot be the object of any subsequent modification, copy, alteration, reproduction, adaptation, or translation by the CUSTOMER.
C04.2. The structure, features, codes, work methods, information systems, development tools, knowhow, methodologies, processes, technologies, and algorithms of the CONTRACTED SOFTWARE are the property of the SUPPLIER or its suppliers, it having been granted, in the latter case, a license or assignment, and are protected by Spanish and international copyright regulations and cannot be the object of subsequent modification, copy, alteration, reproduction, adaptation, or translation by the CUSTOMER.
C04.3. Similarly, all HANDBOOKS, texts, graphic drawings, databases, videos, and audio supports referring to or supplementing the CONTRACTED SOFTWARE (ASSOCIATED MATERIALS) are the property of the SUPPLIER or its suppliers and cannot be the object of subsequent modification, copy, alteration, reproduction, adaptation, or translation by the CUSTOMER.
C04.4. Making the CONTRACTED SOFTWARE and ASSOCIATED MATERIALS available to the CUSTOMER under no circumstance entails assignment of their ownership or the granting of a right of use in your favor other than that provided for herein.
C04.5. Accordingly, you are strictly prohibited from making any use of the CONTRACTED SOFTWARE and ASSOCIATED MATERIALS without the SUPPLIER’s authorization, including exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, or subsequent publication or exhibition, public disclosure, or full or partial representation outside of the operational area provided for with regard to the CONTRACTED SOFTWARE. Breach of any of the above shall constitute infringement of SUPPLIER copyright and may be sanctioned by the laws in force.
C05 SaaS SERVICES Provision Regime
C05.1. The SUPPLIER shall supply the SaaS SERVICES either directly, using its own means, or by partnering with third parties. In particular, the SUPPLIER may subcontract all or part of the SaaS platform to specialist industry enterprises.
C05.2. In any case, the SUPPLIER shall subcontract the SaaS SERVICES respecting data protection regulations and subject to the provisions of Condition C11.1 below.
C05.3. Enclosed as Schedule 1 to these Terms of Use is the SLA containing the level and quality requirements applicable to the SaaS SERVICES and any penalties, warranties, or compensation for infringement of the agreed level. In relation to the SLA, the SUPPLIER undertakes to make its best efforts to ensure compliance and the CUSTOMER fully assumes the provisions of Condition C06 below regarding the technical specifications and, in general, to respect all other obligations established herein.
C05.4. As indicated in Condition C02.3 above, the CUSTOMER shall specify a liaison officer in the PROCUREMENT DOCUMENT tasked with centralizing and coordinating SUPPLIER relations around the SaaS SERVICES provision.
C05.5. The SUPPLIER shall provide the CUSTOMER with the maintenance and customer support service via the CONTRACTED SOFTWARE computer app, and additional and extended maintenance and/or support services may exist which shall generally be pay-to-use.
C06 Technical Specifications and HANDBOOK
C06.1. Schedule II to these Terms of Use contains the TECHNICAL SPECIFICATIONS the CUSTOMER’s network, equipment, and terminals must meet at all times in order to install and/or log into and use the CONTRACTED SOFTWARE. If your network, equipment, or terminals do not meet the abovementioned technical specifications, please refrain from installing and/or logging into and using the CONTRACTED SOFTWARE.
C06.2. It is also hereby stated that each of the programs or apps you select as CONTRACTED SOFTWARE has a dedicated HANDBOOK or generic manual covering the CONTRACTED SOFTWARE and specifying the particular operating procedures and basic instructions for use. Depending on the CONTRACTED SOFTWARE, there may also be quick guides or other documents and ASSOCIATED MATERIALS summarizing the operating procedures and basic instructions. You can access the HANDBOOKS from www.catalogplayer.com/support/. The parts of the CONTRACTED SOFTWARE that are the result of customizations agreed with the CUSTOMER may not have instructions and general or dedicated manuals, a consideration you understand and accept.
C06.3. You hereby agree that you know and are up to date with the content of the HANDBOOK for each of the programs or apps selected as CONTRACTED SOFTWARE and have been duly trained in undocumented general or specific aspects, particularly ones resulting from customizations agreed with you. Inasmuch as the HANDBOOK content cannot be permanently up to date, you expressly agree to prioritize the instructions received from the SUPPLIER’s Support Department and any notices it may issue.
C06.4. The SUPPLIER shall not be liable for any use on your part that does not conform with the HANDBOOK and/or instructions and notices from the Support Department or if your networks, equipment, or terminals breach the abovementioned technical specifications.
C06.5. When notified by the SUPPLIER, you agree to disconnect your networks, equipment, or terminals from the SaaS PLATFORM if the SUPPLIER is of the opinion that said networks, equipment, or terminals have caused or could cause failures, interruptions, errors, or defects in the SaaS PLATFORM.
C07 SaaS PLATFORM and CONTRACTED SOFTWARE Use Conditions
C07.1. The SaaS PLATFORM and CONTRACTED SOFTWARE shall only be accessible by the CUSTOMER to whom the SUPPLIER has assigned a PRIVATE AREA and supplied the related SaaS SERVICES PASSWORD, pursuant to Condition C02 above.
C07.2. The CUSTOMER can only use the SaaS PLATFORM and CONTRACTED SOFTWARE in accordance with the purposes provided for in these Terms of Use. By way of example and without limitation, you are expressly banned from using the SaaS PLATFORM and CONTRACTED SOFTWARE for the following purposes:
The exploitation, reproduction, dissemination, transformation, distribution, transmission by any means, subsequent publication, exhibition, public disclosure, or full or partial representation of the CONTRACTED SOFTWARE outside of the purposes and normal use provided therefor.
To enable use of the SaaS SERVICES or access to the SaaS PLATFORM and CONTRACTED SOFTWARE to persons other than yourself, the ADMINISTRATOR USER and USERS authorized by the latter, pursuant to Condition C02 above.
To perform any type of action that could entail modifications, adjustments, damage, or alterations to the SaaS PLATFORM.
To process information or data considered unlawful, offensive, slanderous, abusive, defamatory, racist, xenophobic, obscene, insulting, threatening, or discriminatory.
To process information or data containing a virus, trojan, or any other element that could damage or alter the SaaS PLATFORM.
In general, any type of offensive activity that breaches public order, morality, or laws.
C07.3. Some forms of the CONTRACTED SOFTWARE or even the growth and evolution of the SaaS PLATFORM may give you the opportunity to engage in forums and/or share information with the SUPPLIER or other CUSTOMERS who have contracted the SaaS SERVICES or third parties in general, whether these spaces and forums are promoted by the SUPPLIER or otherwise. Accordingly, you undertake not to transmit, disseminate, or provide to other CUSTOMERS or third parties any information, message, graph, sound and/or image file, photograph, recording, software, or in general any type of material, data, or content (THE CONTENT) which:
Induces, incites, or promotes criminal, slanderous, defamatory, libellous, or violent actions, or in general, actions contrary to the law, generally accepted morals and behaviour, or public order.
Induces, incites, or promotes actions, attitudes, or ideas that are discriminatory by reason of sex, race, religion, beliefs, age, or condition.
Incorporates criminal, violent, pornographic, or degrading messages or, in general, any contrary to the law, generally accepted morals and behaviour, or public order.
Third-party copyright is protected without you having previously obtained authorization from the owners to implement the use you make or plan to make of it.
Constitutes unlawful, misleading, or false advertising or unfair competition in general.
Has characteristics (format, size, etc.) that cause problems for the normal operation of the SaaS PLATFORM or SaaS SERVICES.
C07.4. In relation to any CONTENT you may share with the SUPPLIER or other CUSTOMERS as established in Condition C07.3 above, you authorize the SUPPLIER to use said CONTENT, which may be the object of subsequent exploitation, reproduction, dissemination, transformation, translation, distribution, transmission by any means, subsequent publication, exhibition, public disclosure, or full or partial representation. You will not be entitled to receive any financial compensation from the SUPPLIER regarding the abovementioned authorization to use the Content.
C07.5. The CUSTOMER shall respond for any damage or harm the SUPPLIER or its other CUSTOMERS or third parties may suffer as a result of breach on your part of any of the obligations assumed in relation to the CONTENT and shall hold the SUPPLIER harmless from any claim that could be made in this regard. You agree to pay any amounts the SUPPLIER may be obliged to settle for any reason in this regard.
C07.6. The SUPPLIER reserves the right to monitor the use made of the SaaS PLATFORM and CONTRACTED SOFTWARE to check you comply with these Terms of Use, to ensure the security and good use of the SaaS PLATFORM, and to improve the performance or adjustment of certain elements of the CONTRACTED SOFTWARE.
C07.7. You have sole responsibility for the content of your transmissions when using the CONTRACTED SOFTWARE and the activity produced in your EQUIPMENT via the ADMINISTRATOR USER and its authorized USERS. Similarly, if you facilitate scheduled third-party access (invitations) to your EQUIPMENT via which these parties could access the CONTRACTED SOFTWARE, you shall have sole responsibility for the actions they perform. In this regard, the SUPPLIER may provide you with the means it considers necessary for you to check the actions performed (in greater or lesser detail), as well as an access control mechanism that leverages passwords to log into the CONTRACTED SOFTWARE.
C07.8. You undertake to keep passwords secret. You agree to immediately notify the SUPPLIER of any unauthorized use of your account.
C07.9. You undertake to settle payments in the conditions agreed with the SUPPLIER in the PROCUREMENT DOCUMENT and understand and consent to, in the event of nonpayment, the SUPPLIER being authorized to temporarily cancel your access to the SaaS PLATFORM until the situation is remedied, keeping your PRIVATE AREA on the SaaS PLATFORM. If the situation is not fixed by payment and/or agreement around the possible debt taken out, you authorize the SUPPLIER to terminate the contractual relationship between you, with the matters provided in Conditions C13.4 and C13.5 applying.
C08 Price and Payment Method
C08.1. The PROCUREMENT DOCUMENT shall specify the price and payment method that will apply as consideration for the SaaS SERVICES and use rights over the CONTRACTED SOFTWARE awarded the CUSTOMER by virtue of the matters established herein.
C08.2. In particular, it is expressly stated that the price of the SaaS SERVICES and CONTRACTED SOFTWARE license shall be determined in line with the number of USERS associated to the license contracted by the CUSTOMER.
C08.3. The price and payment method may change during the term of the contract or its extensions, as established in Conditions C13 and C14.
C09 SUPPLIER’s Responsibility in Relation to SaaS SERVICES Provision
The SUPPLIER’s responsibility in relation to the SaaS SERVICES provision assumed under these conditions regulating the contract with the CUSTOMER -together with the particular conditions included in the PROCUREMENT DOCUMENT, the SLA, and applicable legislation- shall be subject to the following limitations:
The SUPPLIER’s full responsibility for all concepts arising from the SaaS SERVICES provision, including the CONTRACTED SOFTWARE user license, can never exceed an amount equivalent to the price agreed on in the PROCUREMENT DOCUMENT, which in the case of installments is the lesser amount between the equivalent price for one year and the sum of payments duly settled for the CONTRACTED SOFTWARE from the initial procurement date, excluding in all events taxes and possible surcharges and additional costs other than the price agreed on for the CONTRACTED SOFTWARE. In no case may the CUSTOMER claim from the SUPPLIER compensation of any kind for damage that could be classified as consequential damage, loss of profit, loss of business, loss of business reputation, or third-party claims against the CUSTOMER (even in the case of public organizations or their customers) or any similar damage.
In relation to breaches in the rollout of functions or services covered by the matters set forth in Condition C05.1 and provided by the SUPPLIER’s third-party subcontractors, the SUPPLIER’s full responsibility shall never exceed, altogether, the total amount that, in accordance with the contracts it has entered into at all times, it could obtain for noncompliance by the subcontracted third party responsible for providing the services affected by the breach.
C10 CONTRACTED SOFTWARE Warranty
C10.1. In particular, the CUSTOMER accepts that the CONTRACTED SOFTWARE is supplied “as is” and the SUPPLIER in no case guarantees that the functions it contains satisfy the CUSTOMER’s needs nor that the CONTRACTED SOFTWARE provision shall be uninterrupted or error-free. The CUSTOMER shall assume the full cost of all services, repairs, and corrections required to adapt it to its needs. Any change, adaptation, or customization of the SaaS PLATFORM shall be performed by the SUPPLIER or the party it appoints in accordance with the matters agreed on with the CUSTOMER, where applicable, in exchange for the price and/or commitment of permanence agreed on in the particular conditions and explanations of the PROCUREMENT DOCUMENT or specific document/s regulating these adaptations.
C10.2. In any case, the SUPPLIER offers a free trial period, understood as a warranty period. If the CUSTOMER does not faithfully notify the SUPPLIER of the existence of anomalies during the free trial period, it shall be considered to be in agreement with all aspects of the CONTRACTED SOFTWARE and that the software works properly and meets its needs and thereafter renounces any form of claim.
C10.3. The CUSTOMER agrees that the CONTRACTED SOFTWARE is a work tool designed to supplement but not replace human labor.
C10.4. To use the license awarded for the CONTRACTED SOFTWARE, the CUSTOMER must at all times comply with, among other matters, the obligations to (1) use the CONTRACTED SOFTWARE in accordance with the stipulations provided in the HANDBOOKS and/or instructions and notices issued by the Support Department; (2) have computer systems and EQUIPMENT in good condition and duly maintained; (3) have internet access using EQUIPMENT of sufficient quality and security when needed to operate with the CONTRACTED SOFTWARE; (4) perform a login control for the CONTRACTED SOFTWARE in order to prevent handling by unauthorized or inexpert persons; (5) have compatible EQUIPMENT in compliance with the CONTRACTED SOFTWARE at least with regard to the minimum technical requirements needed for its use and have the required software and operating system duly updated and maintained; (6) not allow the installation of viruses or defective programs; (7) any other reasonably applicable preventive measure.
C10.5. In no case shall the SUPPLIER be responsible for operating errors or damage caused by noncompliance by the CUSTOMER of the obligations referred to in condition C10.4 above or any applicable obligations pursuant to the matters set out in these Terms of Use.
C10.6. The SUPPLIER shall not be responsible for any damage that could be classified as loss of profit, loss of business, damage to image, or loss of business reputation.
C10.7. In no case may the CUSTOMER claim compensation of any kind for damage from causes outside the SUPPLIER’s control and in particular interruptions or failures of any type (1) in power systems; (2) in telecommunications networks; (3) in interconnection elements, or (4) in the CUSTOMER’s EQUIPMENT or terminals.
C10.8. The SUPPLIER’s responsibility for damage directly attributable to use of the CONTRACTED SOFTWARE may never exceed the amount actually received by the SUPPLIER by way of consideration for the license over the preceding 6 (six) months.
C11 Data Protection
C11.1. Consent to data processing.
In relation to any personal data you provide to the SUPPLIER in the PROCUREMENT DOCUMENT, the following shall apply:
The SUPPLIER informs you that the personal data you provide when completing the PROCUREMENT DOCUMENT will be collected in a file under the SUPPLIER’s responsibility. You may exercise your rights of access, rectification, cancellation, and objection to the processing of your data by writing to Avda. Sant Julia, 1 – Puerta 16, Granollers 08403 (Barcelona). For greater convenience and without prejudice to needing to meet certain formal requirements, the SUPPLIER provides you with the possibility of exercising the abovementioned rights by telephone (+34) 93 870 90 30.
Failure to provide or incorrectly or only partially provide the required data may result in the SUPPLIER being unable to meet the procurement request.
You must report any change in the data to the SUPPLIER so as to keep the information in its files up to date and free of error at all times.
As the SUPPLIER intends to issue its CUSTOMERS with commercial communications using traditional or electronic means concerning its own or third-party products and services, by agreeing to these Terms of Use you expressly authorize the SUPPLIER to send commercial, promotional, or advertising communications by email or other equivalent means of electronic communication. If you do not wish to receive commercial, promotional, or advertising communications, regardless of the channel used for this purpose, you may freely communicate your decision using the abovementioned means to exercise your rights. You can withdraw your consent to commercial information at any time without retroactive effects.
You hereby authorize the SUPPLIER to disclose your data to affiliated companies or those in its group at all times and for it to be, where applicable, included in or removed from Schedule III of the Terms of Use in force at all times, exclusively for the abovementioned purposes. This may include international data transfers to countries where the companies are domiciled, including countries without a level of protection comparable to that of the European Union. You can withdraw your consent at any time without retroactive effects.
In the event of promotions and/or business partnerships involving third parties unrelated to the SUPPLIER in the terms expressed in Condition C05 above and which involve data assignments, they are permissible so long as the CUSTOMER has explicitly authorized the assignment in the promotion’s specific conditions. You can withdraw your consent at any time without retroactive effects.
The SUPPLIER hereby informs you that it has taken out the technical and organizational security measures needed to guarantee the safety of your data and prevent its alteration, loss, processing and/or unauthorized access, considering the state of the technology, the nature of the stored data, and the risks to which the data is exposed, whether due to human action or the physical or natural environment.
C11.2. NTR Service Provisions Involving Data Processing
During the SaaS SERVICES provision covered by these Terms of Use, the SUPPLIER may exceptionally need to have access to the CUSTOMER’s personal data for maintenance purposes, service agreements with the CUSTOMER, or safety reasons. In such cases the following provisions will apply:
SUPPLIER and CUSTOMER will both meet the provisions contained in the applicable data protection regulations at all times with respect to information and data handled as part of the service provision covered by these conditions regulating the contract with the CUSTOMER together with the particular conditions included in the PROCUREMENT DOCUMENT and applicable legislation.
In particular, the SUPPLIER undertakes to process the data in accordance with the CUSTOMER’s instructions, not to apply or use the data for any purpose other than the service provision covered by these Terms of Use, and not to disclose the data to other parties even for retention purposes. Once the service provision has ended, the data must be destroyed or returned to the CUSTOMER along with any support or document containing any data covered by the processing, except where the SUPPLIER is legally obliged to retain the data for the compulsory period of this obligation.
The CUSTOMER shall also meet the obligations contained in data protection regulatory provisions applicable to it as the party responsible for the files that contain the data, including legal obligations with regards data subjects and the competent authority for data protection matters or the organization that replaces it or, where applicable, the competent authorities.
You hereby authorize the SUPPLIER to redeem costs, including for all types of compensation, sanctions, and spending arising from claims by data subjects affected by negligence and/or disclosure or undue use and/or processing of their data, expressly including any amounts deriving from sanctions that could potentially be imposed by the data protection authority for breach or defective performance of the applicable regulations where attributable to you, your employees, or dependents. In such cases, the SUPPLIER will inform you of any claims it receives so you may retain your legal defense. You must act in coordination with the SUPPLIER at all times and preserve the latter’s image.
In connection with the matters set forth in Condition C05.1 of these Terms of Use, you expressly allow the SUPPLIER to contract effectively and to subcontract to the companies which, where applicable, shall be included or removed from Schedule IV of the Terms of Use in force at all times in order that particular services that the SUPPLIER requires for the SaaS SERVICES provision can be rendered. As these service provisions may exceptionally require the abovementioned companies processing your personal data, in the contract signed between the SUPPLIER and the subcontracted third parties it shall be understood, in relation to the aforementioned data processing, that the SUPPLIER is always acting on your behalf and for you.
C12 CONTRACTED SOFTWARE Adaptations or New Versions
The SUPPLIER can make adaptations or new versions of the CONTRACTED SOFTWARE. If the SUPPLIER considers it necessary to modify these Terms of Use due to an adaptation or new version of the CONTRACTED SOFTWARE and/or as a result of the evolution of the SaaS PLATFORM, you must accept this within the deadline set in the corresponding communication, otherwise the user license regulated in these Terms of Use will be considered terminated.
You hereby expressly allow the SUPPLIER to inform you, via notices or alerts, of updates or patches that may be needed for the proper operation or maintenance of the CONTRACTED SOFTWARE. In no case may you claim compensation for damage from the SUPPLIER that may derive from poor operation of the CONTRACTED SOFTWARE as a consequence of not accepting the abovementioned updates or patches.
C13 Duration, Renovation, and Termination of SaaS SERVICES and User License
C13.1. The contractual relationship regulated in these Terms of Use shall be effective from the time the SUPPLIER receives your acceptance of them and of the PROCUREMENT DOCUMENT, as well as confirmation of payment using the payment platform enabled for that purpose or the duly completed documentation you were asked for via other payment methods, and shall have the duration determined therein.
The procurement start date shall be understood in accordance with the following:
For procurements arranged online over the SUPPLIER’s website www.catalogplayer.com or authorized third-party platforms, the notification date in the terms set forth in Condition C02.5.
For procurements arranged directly by the SUPPLIER’s personnel or authorized third parties, the date of entry into effect of the SaaS SERVICES based on the matters specified in the particular conditions set forth in the PROCUREMENT DOCUMENT.
The term of the initial period of the SaaS SERVICES contracted by the CUSTOMER shall be one year starting from the procurement start date unless a different duration is stated in the PROCUREMENT DOCUMENT.
C13.2. Without prejudice to what may be established in the PROCUREMENT DOCUMENT, the agreement will be tacitly extended for annual periods with the payment of the next invoice after the scheduled end date, except if one party notifies the other, with fifteen (15) days’ notice of the termination of the initial term or any of its extensions, that is does not wish to extend. It will not be necessary to notify or send a copy of any other document at each contract renewal.
C13.3. The contractual relationship regulating these Terms of Use will be terminated when any of the following occurs:
The conclusion of the term of duration or any of its extensions without a tacit renewal.
When the CUSTOMER formally states before the SUPPLIER its lack of interest in the CONTRACTED SOFTWARE prior to the end of any trial period the CONTRACTED SOFTWARE may have.
At any time by mutual agreement by the parties.
For procurements with a periodic payment system less than the initial contract term or extension, via notification by the CUSTOMER to the SUPPLIER of its wish to terminate, with at least ten (10) days’ notice before the next payment.
If the CONTRACTED SOFTWARE is free of charge, the contract may be terminated when the SUPPLIER proves the CONTRACTED SOFTWARE is not being used, via an audit of the logins to the CUSTOMER’s PRIVATE AREA. In such a case, the termination process will have sufficient legal guarantees with regard to the CUSTOMER and will include several preliminary notifications.
For termination brought by the SUPPLIER due to breach by the CUSTOMER of any of its obligations as established in these Terms of Use or in the PROCUREMENT DOCUMENT, without prejudice to the SUPPLIER’s right to choose to continue with the contract and demand full compliance by the CUSTOMER of its obligations and require it, in any of the above cases, to repair the damage caused by the breach in question.
As a consequence of the matters set forth in Condition C07.8.
C13.4. The CUSTOMER undertakes that, within a maximum of fifteen (15) days from termination of the CONTRACTED SOFTWARE license for any reason, it will uninstall or delete the CONTRACTED SOFTWARE from its computers along with any copy, support, or related documentation.
C13.5. The CUSTOMER understands and allows the SUPPLIER to definitively cancel its PRIVATE AREA and destroy all information contained in it once the contractual relationship between them ends. The CUSTOMER shall be provided with a digital copy of the data it entered in the SaaS PLATFORM via a remote digital system which it can access by express request and which the SUPPLIER will keep available, saving force majeure, for a six (6) month period. The copy can be fully eliminated after that period.
C14 CONTRACTED SOFTWARE User License Changes
C14.1. The CUSTOMER can make changes to the CONTRACTED SOFTWARE User License without having to renew the contract between the parties, whenever the changes concern:
The SALES PLAN on which the CONTRACTED SOFTWARE is mainly based.
The number of USERS associated with the user license.
The CUSTOMER can make these changes only in procurements involving a periodic payment system less than the initial contract term or extension and it will be done via the Management Panel in its PRIVATE AREA.
C14.2. Changes the CUSTOMER makes regarding the point above (Condition C14.1) shall generally and in the case of pay-to-use services entail a change in the CONTRACTED SOFTWARE user license price and will apply to following payments or to the first payment if the change is made during the trial period.
Changes shall be effectively applied once correct subscription to the methods of the payment platform enabled by the SUPPLIER and/or suitable completion and communication of the documentation sought from the CUSTOMER in the event of other payment methods has been checked. The change process shall be considered duly finalized when the SUPPLIER emails the CUSTOMER confirmation of the change made.
C14.3. In the event of any change, the CUSTOMER must accept the Terms of Use in force at all times.
C14.4. The CUSTOMER can generally make any other change by direct communication with the SUPPLIER, except for changes concerning payment methods associated with the payment platforms enabled by the SUPPLIER, which can be directly modified via the management system of the payment platform it has for its customers.
C15 Force Majeure
The Parties shall not be responsible for noncompliance of the obligations established in these Terms of Use if it is due to causes reasonably outside of the breaching Party’s control, such as, by way of example only, fire, flood, strikes, labor conflicts or other social disorders, fuel or electrical energy shortages or nonavailability, similar nonavailability or poor functioning of communications networks, accidents, wars (declared or not), trade embargoes, blockades, riots or insurrections.
C16 Ongoing Effect of Clauses
If any clause in these Terms of Use is declared fully or partially null or ineffective, such nullity or ineffectiveness will only affect that provision or part thereof that is null or ineffective. The Terms of Use will continue in all other regards and this provision or part thereof will be considered excluded. For these purposes, the Terms of Use will only stop being valid with respect to the null or ineffective provision and no other part or provision will be canceled, invalidated, harmed, or affected by the nullity or ineffectiveness except where, because it were essential to the Terms of Use, it would affect them all.
C17 Applicable Law
Any discrepancy arising from the interpretation or performance of these Terms of Use or any of its potential amendments, as well as any infringement thereof, shall be interpreted in accordance with Spanish law.
C18 Competent Jurisdiction
To settle any discrepancy in relation to these Terms of Use or their performance, CUSTOMER and SUPPLIER expressly submit to the Courts and Tribunals of Barcelona, with express waiver of any other jurisdiction to which they might be entitled.
SECURITY
CAMALEON SYSTEMS GROUP, S.L. uses industry-accepted information security techniques such as firewalls, login control procedures, and cryptographic mechanisms to prevent unauthorized data access. To deliver on these purposes, you agree to allow the supplier to collect data for login control authentication purposes.
REIMBURSEMENT POLICY
Please trial the free version before buying.
Subscription to the CatalogPlayer premium plan is available from the back office. We recommend using the free version to gauge the product and check whether it meets your requirements before you buy. Our software requires signing up to the premium plan to activate all its features.
Once you have taken out the premium plan you can download a free copy by contacting us at support@catalogplayer.com or via the back office. If you wish to cancel your plan before it is renewed, the system will save the proportional part remaining to give you a credit in your account should you want to take out the premium plan again in the future.
You can automatically downgrade to the free plan at the next renewal date. Your subscription will be activated in the current plan through to the next renewal period you paid for.
We apologize for not being able to reimburse you for add-ons.
You are responsible for familiarizing yourself with this reimbursement policy. When you purchased a product of ours, you indicated that you had read our reimbursement policy and agreed to its terms.
If you do not agree or do not accept the terms please do not place any orders with us.

 

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