ANDREA360 TERMS OF SERVICE
Version 1.0
These Terms of Service („Terms“) govern the use of the Andrea360 software platform and related services („Services“) provided by Andrea Technologies DOO Novi Sad, Republic of Serbia („Andrea Technologies“).
By executing a Service Agreement, purchasing a subscription, or using the Services, Customer agrees to be bound by these Terms.
1. DEFINITIONS
„Customer“ means the legal entity or individual subscribing to the Services.
„Services“ means the Andrea360 software platform, mobile applications, integrations, support services, and related functionality provided by Andrea Technologies.
„Customer Data“ means all data submitted, uploaded, stored, transmitted, or otherwise processed through the Services by or on behalf of Customer.
2. LICENSE GRANT
Subject to compliance with these Terms and payment of applicable fees, Andrea Technologies grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the subscription term.
No ownership rights are transferred to Customer.
3. CUSTOMER RESPONSIBILITIES
Customer shall:
Maintain accurate account information.;
– Keep login credentials secure;
– Comply with applicable laws and regulations;
– Obtain all necessary consents and legal bases required for processing personal data;
- Use the Services only for lawful business purposes.
The customer is solely responsible for all activities performed under their accounts.
4. ACCEPTABLE USE
The customer shall not:
– Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services;
– Copy, reproduce, modify, create derivative works of, or adapt the Services;
– Resell, sublicense, distribute, lease, rent, transfer, or commercially exploit the Services without prior written authorization;
– Bypass security measures or access restrictions;
– Use the Services in violation of applicable law;
– Interfere with the operation, performance, or security of the Services.
5. CUSTOMER DATA
Customer retains ownership of all Customer Data.
Andrea Technologies acquires no ownership rights over Customer Data.
Customer grants Andrea Technologies the rights necessary to host, store, process, transmit, back up, and otherwise use Customer Data solely for the purpose of providing, maintaining, securing, supporting, and improving the Services.
6. USE OF ANONYMIZED INFORMATION
Andrea Technologies shall not sell Customer Data containing Personal Data.
Andrea Technologies may create, generate, analyze, use, publish, license, distribute, or otherwise commercialize aggregated, anonymized, de-identified, or non-identifiable information derived from Customer Data, provided that such information cannot reasonably identify any individual, Customer, or business operation.
This information may be used for analytics, benchmarking, reporting, research, artificial intelligence, machine learning, service improvement, product development, industry reports, and other lawful business purposes.
7. INTELLECTUAL PROPERTY
The Services, including all software, source code, designs, trademarks, documentation, interfaces, workflows, methodologies, business logic, and related intellectual property rights, remain the exclusive property of Andrea Technologies.
The customer receives no ownership rights, source code rights, or intellectual property rights in the Services.
8. IMPROVEMENTS AND ENHANCEMENTS
All improvements, enhancements, modifications, customizations, derivative works, and new functionality relating to the Services shall remain the exclusive property of Andrea Technologies unless otherwise expressly agreed in writing.
9. FEEDBACK
Customer grants Andrea Technologies a perpetual, irrevocable, worldwide, royalty-free right to use, incorporate, modify, and otherwise exploit any suggestions, recommendations, feedback, ideas, or proposals relating to the Services without restriction or compensation.
10. SERVICE MODIFICATIONS
Andrea Technologies may modify, improve, replace, add, remove, or discontinue individual features of the Services from time to time, provided that such changes do not materially reduce the overall functionality of the Services.
11. THIRD-PARTY SERVICES
The Services may integrate with third-party products, services, payment providers, hardware systems, software applications, communication services, or other external systems.
Andrea Technologies is not responsible for the availability, functionality, security, performance, or actions of third-party services.
12. SUPPORT
Andrea Technologies provides technical support through the support tools and communication channels designated by Andrea Technologies from time to time.
The official support channel for reporting issues, requesting assistance, and tracking support requests is the Andrea360 support portal.
Support requests submitted through the official support channel will receive priority handling.
Andrea Technologies may, at its discretion, provide support through additional channels including email, telephone, messaging applications, social media, or other communication methods. Requests submitted through such channels may not be tracked, prioritized, or responded to within any specific timeframe.
The customer shall provide sufficient information reasonably necessary to reproduce, investigate, and resolve reported issues.
Unless otherwise agreed in writing, Andrea Technologies does not provide any specific service level commitments, response times, resolution times, or uptime guarantees.
13. FEES AND PAYMENT
The customer shall pay all applicable fees in accordance with the applicable Service Agreement, invoice, or subscription plan.
Failure to pay fees when due may result in suspension or termination of access to the Services.
14. SUSPENSION OF SERVICES
Andrea Technologies may suspend access to the Services if:
- Customer fails to pay applicable fees;
– Customer materially breaches these Terms;
– Customer uses the Services unlawfully;
Suspension is reasonably necessary to protect the security, integrity, or availability of the Services;
– Required by applicable law or government authority.
15. TERMINATION
Either party may terminate the applicable agreement according to its terms.
Upon termination:
– The customer's right to access the Services shall cease;
– Outstanding fees will remain payable;
Data retention and deletion shall be governed by the applicable Data Processing Agreement.
16. CUSTOMER REFERENCES
Andrea Technologies may identify Customer as a customer of Andrea360 and use Customer’s name, logo, and publicly available information in customer lists, presentations, proposals, marketing materials, case studies, investor materials, and website references, unless Customer requests otherwise in writing.
17. DISCLAIMER OF WARRANTIES
Except as expressly stated in writing, the Services are provided on an „as is“ and „as available“ basis.
Andrea Technologies disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted availability.
18. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Andrea Technologies shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, including loss of profits, revenue, goodwill, business opportunities, anticipated savings, or data.
Andrea Technologies' total aggregate liability arising from or relating to the Services shall not exceed the total fees paid by the Customer during the twelve (12) months preceding the event giving rise to the claim.
19. DOCUMENT HIERARCHY
The following documents are an integral part of the agreement between the parties:
– Service Agreement;
Andrea360 Terms of Service;
– Andrea360 Privacy Policy;
– Andrea360 Data Processing Agreement;
– Andrea360 Technical Specification;
– Other referenced policies and documents.
In the event of a conflict, the Service Agreement shall prevail.
20. DOCUMENT UPDATES
The customer acknowledges and agrees that Andrea360's Terms of Service, Technical Specification, Data Processing Agreement, Privacy Policy, and other referenced policies may be updated from time to time.
Updated versions will go into effect upon publication or notification to the Customer, provided that such updates do not materially reduce the functionality of the Services or materially diminish the Customer's rights.
Continued use of the Services following such update constitutes acceptance of the updated documents.
21. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Republic of Serbia.
Any dispute arising out of or in connection with these Terms shall be finally resolved by arbitration before the Belgrade Arbitration Center (BAC) in accordance with its applicable rules.
22. CONFIDENTIALITY
Each party agrees to keep confidential all non-public business, technical, financial, commercial, and operational information received from the other party that is designated as confidential or that would reasonably be understood to be confidential under the circumstances.
Neither party shall disclose such information to any third party except:
- to its employees, contractors, advisors, or affiliates who have a legitimate need to know and are bound by confidentiality obligations;
- as required by applicable law, regulation, court order, or governmental authority.
The obligations contained in this section shall survive termination of the agreement for a period of three (3) years, except for trade secrets, which shall remain confidential for as long as they qualify as trade secrets under applicable law.
23. DATA EXPORT
Upon termination of the Services, Customer may request an export of Customer Data within thirty (30) days following the effective termination date.
Andrea Technologies shall make commercially reasonable efforts to provide such export in a commonly used electronic format.
After the applicable retention period defined in the Data Processing Agreement expires, Andrea Technologies may permanently delete Customer Data unless retention is required by law.
24. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform its obligations resulting from causes beyond its reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, internet outages, failures of hosting providers, cloud infrastructure failures, power outages, cyberattacks, or other force majeure events.
25. ASSIGNMENT
Andrea Technologies may assign or transfer this Agreement, in whole or in part, in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar transaction.
The customer may not assign this Agreement without prior written consent from Andrea Technologies.
26. SURVIVAL
The provisions relating to Intellectual Property, Customer Data, Use of Anonymized Information, Feedback, Confidentiality, Fees and Payment, Limitation of Liability, Governing Law, and any other provisions that by their nature should survive termination shall survive termination or expiration of this Agreement.
27. LANGUAGE
These Terms are executed in the English language.
Any translation is provided for convenience only.
In the event of any inconsistency between a translated version and the English version, the English version shall prevail.
28. CONTACT INFORMATION
Andrea Technologies DOO Novi Sad
Email: support@andrea360.com