End-User Agreement

This End-User agreement (the "Agreement") is between Lean Digital, Lda., ("Symplifyr"), as licensor, and you ("You"), as licensee, for your use of Teams for Easyvista application - an integration connector between Easyvista Support and Microsoft Teams (“Teams for Easyvista application”).

Please carefully read this Agreement before accessing Teams for Easyvista application. This Agreement governs your access to and use of Teams for Easyvista application. By using Teams for Easyvista application, You consent to all of the provisions of this Agreement without limitation or qualification. You acknowledge and agree that your use of Teams for Easyvista application shall constitute your assent to this Agreement and is intended to and shall contractually bind to the terms of this Agreement, in the same manner and to the same extent as a contractual writing memorialized and executed by You and Symplifyr in a non-electronic medium.

On the continuing condition that You comply at all times with all obligations of this Agreement, and for the duration of your subscription for access to Teams for Easyvista application, Symplifyr hereby grants You a limited, worldwide, revocable, nonexclusive, permission to access and use Teams for Easyvista application as an end-user. By entering into this Agreement, You represent and warrant that You have the authority to bind the Account owner to this Agreement. If the Account is owned, controlled or operated by or on behalf of a company or another legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “You” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree to the terms herein, You must not accept this Agreement or use the Teams for Easyvista application.

Definitions

The following terms, as used herein, have the following meanings:

"Account" means the profile and registered page of a user within the Easyvista system owned by Easyvista Inc.

"Teams for Easyvista" means the software component, a plug in, owned by Symplifyr for the integration between Microsoft Teams and Easyvista system.

"Teams for Easyvista Data" means the information introduced and processed via Teams for Easyvista application, including the data resulting from utilization of Teams for Easyvista.

"Personally Identifiable Information" means information that could reasonably be used to identify any person or information about them.

"Software" means individually each, and collectively all, of the computer code that constitutes Teams for Easyvista application, System Upgrades and interfaces made available to users by Symplifyr in connection with Teams for Easyvista application.

"System Upgrades" means corrections, bug fixes, patches, improvements, new releases, new versions, updates, enhancements or other modifications to the Software.

Scope of use

By agreeing to these terms of use You are licensed to access and use Teams for Easyvista application for the integration between Your Account and Microsoft Teams application, owned by Microsoft. If applicable in the Teams for Easyvista application, Your use of any third party services and plug-ins will be governed by Your agreement with the third party and Symplifyr is not responsible for the actions of the third party.

Subscription and license requirements

Use of Teams for Easyvista application is conditional upon having a valid subscription to Easyvista. Only users who are licensed under such a subscription are authorized to access and use the application. Unauthorized access or use by individuals without a valid Easyvista license is strictly prohibited and may result in legal action.

Operation

You agree not to permit access to, or use of, Teams for Easyvista application by any persons who are not authorized and validated for Your Account.

You do not acquire any intellectual property title or ownership rights, express or implied, in or relating to Teams for Easyvista application. Symplifyr and Easyvista reserve all rights to the Software and Teams for Easyvista application Software.

You may not, and You represent and warrant that You will not rent or commercially sublicense, in whole or in part, the Software or Teams for Easyvista application or otherwise market the Software or Teams for Easyvista application to third-parties.

You also may not, and represent and warrant that You will not, directly or indirectly, duplicate, translate, modify, copy, print, reverse engineer, disassemble, decompile, or attempt to imitate, derive or discover, the Software or Teams for Easyvista application.

Privacy

You grant Symplifyr the right to undertake any and all activities related to the normal operation, maintenance, and development of Teams for Easyvista application, including but not limited to monitoring of general usage patterns, and design and product improvement activities. Symplifyr reserves the right to take steps which Symplifyr reasonably believes to be necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.

Your Teams for Easyvista application Data resides with You. Symplifyr cannot and will not access, download, upload, adjust, host or save, monitor, or manage any of your Personally Identifiable Information except those which are needed for operation of Service and described in the Privacy policy, "personal information we collect and process about you". You acknowledge and agree that You are responsible to manage Personally Identifiable Information and any other information in your Teams for Easyvista application Data in compliance with applicable law (including but not limited to laws applicable to privacy, conduct, and intellectual property) and that Symplifyr shall have no responsibility to do so.

Security and digital integrity

Teams for Easyvista application includes security technology that limits your use of Teams for Easyvista application and that You shall use Teams for Easyvista application in compliance with the applicable usage rules, and that any other use of Teams for Easyvista application may constitute a copyright infringement. You agree not to violate, circumvent, or otherwise tamper with any of the security technology related to usage rules for any reason, or to attempt or assist another person to do so. You shall not access or attempt to access any Teams for Easyvista application data other than your Teams for Easyvista application Data. Violations of system or network security may result in civil or criminal liability.

You may not use Teams for Easyvista application with any system or application where the use or failure of the system or application can reasonably be expected to threaten or result in information loss.

Acceptable Use

You agree to and are responsible at all times for using Teams for Easyvista application in a manner that is ethical, in accordance with any and all applicable local, state, and federal laws and regulations. Further, You agree that You will not:

1. Transmit, store, or upload any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
2. Upload, store, email, or otherwise transmit any materials that You do not have a right to transmit under any law or under a contractual relationship.

As between You and Symplifyr, You are solely responsible for, and Symplifyr shall have no responsibility for, monitoring and policing the adherence of users of Teams for Easyvista application to all applicable laws, regulations, duties, and obligations.

The Symplifyr name and logo and other Symplifyr trademarks, service marks, graphics, and logos are owned by Symplifyr and are excluded from your license to Teams for Easyvista application. You are not permitted to make any use of any Symplifyr trademark in commerce.

Termination

1. Term. This Agreement is effective until terminated by a party, as described below. The term for each Order will be set forth therein.
2. Termination without cause. Unless otherwise set forth in an Order, either party may terminate this Agreement or any Order without cause on 60 days’ notice. Termination without cause will not affect Customer’s perpetual licenses, and licenses granted on a subscription basis will continue for the duration of the subscription period(s), subject to the terms of this Agreement. Symplifyrwill not provide refunds or credits for any partial subscription period(s) if the Agreement or an Order is terminated without cause
3. Termination for cause. Without limiting other remedies it may have, either party may terminate this Agreement or any Order immediately on notice if (i) the other party materially breaches the Agreement or an Order, and fails to cure the breach within 30 days after receipt of notice of the breach; or (ii) the other party becomes Insolvent. Upon such termination, the following will apply:
   1. All licenses granted under this Agreement will terminate immediately except for fully paid, perpetual licenses.
   2. All amounts due under any unpaid invoices will become due and payable immediately. For metered Offerings billed periodically based on usage, Customer must immediately pay for unpaid usage as of the termination date.
   3. If Symplifyris in breach, Customer will receive a credit for any subscription fees, including amounts paid in advance for unused consumption for any usage period after the termination date.

Modification of this agreement

Symplifyr reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of Teams for Easyvista application. Symplifyr may provide You with notices regarding Teams for Easyvista application, including changes to this Agreement by email to your mailing address. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of Teams for Easyvista application will be deemed acceptance thereof. The most current version of this Agreement will be available on the Teams for Easyvista application website.

Disclaimer of warranties

The Teams for Easyvista application software, and any variations thereof are provided by symplifyr “as is”. symplifyr makes no promises, warranties, or representations of any kind, and symplifyr specifically disclaims all warranties and conditions, express, implied, statutory, or otherwise, with respect to the subject matter hereof, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Symplifyr does not guarantee, represent, or warrant that your use of teams for easyvista application will be uninterrupted or error-free or that symplifyr products and services will be available from the teams for easyvista application website. symplifyr assumes no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by symplifyr or on teams for easyvista application user interfaces; (ii) recommendations or advice of any employees or agents of symplifyr; (iii) any failure or interruption in the availability of teams for easyvista application or other websites or user interfaces; (iv) delivery or display of any content contained on teams for easyvista application, user interface, or otherwise through teams for easyvista application; and (v) any loss or damages arising from the use of the content provided by symplifyr or otherwise through teams for easyvista application itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, or any conduct by users of the teams for easyvista application software, website or user interfaces.

Limitation of liability

You agree that Symplifyr will not under any circumstances be liable for loss, corruption or compromise of the confidentiality of your Teams for Easyvista application Data.

Symplifyr does not represent or guarantee that Teams for Easyvista application will be free from loss, interruption, corruption, attack, viruses, interference, hacking, or other security intrusion, and You agree that Symplifyr shall have no liability to You relating thereto. In no event shall Symplifyr, its directors, officers, employees, affiliates, agents, contractors, or licensors be liable for any indirect, incidental, punitive, special, or consequential damages related to your use of Teams for Easyvista application, including, without limitation, damages for loss of profits, loss of data, business interruption, harm to your computer system, or any other commercial damages or losses, regardless of the theory of liability (contract, tort, or otherwise), even if Symplifyr has been advised of the possibility of such damages. Your sole remedy for any claim against Symplifyr relating to Teams for Easyvista application and not otherwise barred under the foregoing limitation shall be for the cost of information technology consultation, including diagnostic services, capped in the amount of five hundred dollars; you expressly waive all other remedies of every kind.

Indemnification

You agree to defend and indemnify Symplifyr from every claim, demand, action, loss, liability, damage, subpoena, or other cost (including without limitation reasonable attorney's fees) it may incur arising out of or in any way connected with your use of Teams for Easyvista application. Symplifyr reserves the right at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by You.

Governing Law,; Exclusive Venue

This End-User agreement (the “Agreement”) is between Lean Digital, lda, a Portuguese corporation (“Symplifyr”), as licensor, and you (“You”), as licensee, for your use of Teams for Easyvista application - an integration connector between Easyvista Support and Microsoft Teams (“Teams for Easyvista application”).

You agree that Symplifyr's failure to act with respect to a breach of this Agreement by You or others does not waive Symplifyr's right to act with respect to that breach or subsequent similar or other breaches. Symplifyr will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Nothing in this Agreement shall constitute, create, authorize, require or in any way be interpreted as a joint venture, partnership, or formal business organization of any kind between You and Symplifyr.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

All notices to be provided by You to Symplifyr under this Agreement must be delivered in writing by electronic mail: support@symplifyr.com. All notices to Symplifyr shall include Your contact information for response.