Terms of use
1. Introduction
These rules and terms apply to this website, the cloud application MonitorDash, and related products and services of the provider. You may be bound by additional agreements relating to your relationship with us or products or services you receive from us. If any provision of such additional agreements conflicts with these terms, the additional agreements prevail.
These rules and terms govern access to and use of MonitorDash, provided by Take Control — Software and Infrastructure EOOD, registered in the Commercial Register and Register of Non-Profit Legal Entities with the Registry Agency, UIC 207604329, with registered office and management address: Republic of Bulgaria, Sofia, PC 1715, Mladost 4 residential area, block 460B, entrance 1, floor 2, apt. 6.
Information about the provider of products and services:
Name: Take Control — Software and Infrastructure EOOD;
Registered office and management address: Republic of Bulgaria, Sofia, PC 1715, Mladost 4 residential area, block 460B, entrance 1, floor 2, apt. 6;
Correspondence: same address, e-mail: info@takecontrolsoft.eu;
Public registers: entered in the Commercial Register and Register of Non-Profit Legal Entities with the Registry Agency, UIC 207604329.
Supervisory authorities:
Commission for Personal Data Protection
Address: Sofia 1592, Prof. Tsvetan Lazarov Blvd. No. 2
tel.: 02/91-53-519; E-mail: kzld@cpdp.bg; Website: www.cpdp.bg
Commission for Consumer Protection
Address: Sofia, Vrabcha Str. No. 1, floors 3, 4 and 5
tel.: +359 (02) 933 05 65; E-mail: info@kzp.bg; Website: www.kzp.bg
2. Acceptance
By registering, accessing or otherwise using the MonitorDash service and related web interface, you agree to be bound by these terms. Use implies knowledge and acceptance. In some cases we may ask you to agree explicitly. If you do not agree with these terms, you must not use information, products and/or services provided through MonitorDash.
Other documents governing your relationship with Take Control — Software and Infrastructure EOOD in connection with use of the service include:
These terms take effect when you visit the service web interface and remain in force until terminated by either party.
3. Electronic communication
By using MonitorDash or communicating with us electronically, you agree that we may communicate with you electronically through the web application or by e-mail. You agree that agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
4. Intellectual property
We or our licensors own and control all copyright and other intellectual property rights in the website, the MonitorDash software, and data, information and other resources displayed by or accessible within the service.
4.1. All rights reserved
Unless specific content provides otherwise, you are not granted a licence or any other right under copyright, trade mark, patent or other intellectual property. You will not use, copy, reproduce, perform, display, distribute, embed in any medium, modify, reverse engineer, decompile, transfer, download, transmit, monetise, sell, trade or commercialise any resources of the service in any form without our prior written permission, except to the extent mandatory law allows (such as quotation rights).
Access to the service is not and shall not be interpreted as a gratuitous grant of licences or intellectual property rights.
5. Sharing information
Notwithstanding the above, you may forward informational materials about MonitorDash in electronic form to others who may be interested, provided you do not breach these terms or intellectual property rights.
6. Third-party property
Our web interface and the service may include hyperlinks or references to third-party websites. We do not monitor or review the content of third-party websites linked from the service. Products or services offered by other websites are subject to those third parties’ terms. Opinions or materials on those websites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or content of those sites. You assume all risks associated with use of those websites and third-party services. We accept no liability for any loss or damage, however caused, resulting from disclosure of personal information to third parties.
7. Responsible use
By visiting the web interface and/or using MonitorDash, you agree to use them only for their intended purposes and as permitted by these terms, any additional agreements with us, and applicable laws, regulations, industry practices and guidelines. You undertake to:
- comply with all applicable laws and regulations regarding use of the service;
- not use the service to use, publish or distribute material consisting of (or linked to) malicious computer software;
- not use data collected through the service for any direct marketing activity unless you have a legal basis and consent where required;
- not conduct systematic or automated data collection on or in connection with the service in breach of these terms or applicable law;
- not rent, lease, sublicense, resell, distribute, transfer, copy, reproduce or modify the service or any component, or create derivative works;
- not remove or alter any copyright, trade mark or other proprietary notices from copies of service materials;
- not publish, transmit or distribute through the service any information that is or may be harmful, obscene, defamatory or otherwise unlawful;
- not attempt to disrupt the functionality of the service, distribute viruses or software that could be used for unauthorised access, modification, deletion or damage to data files;
- not take any action that imposes an unreasonable or disproportionately large load on the service or related infrastructure;
- keep information you provide to us accurate and up to date;
- independently monitor the current version of these terms published by us.
Any activity that causes or may cause damage to the service or interferes with its operation, availability or accessibility is strictly prohibited.
8. Submission of ideas
Do not send us ideas, inventions, creative works or other information you consider your intellectual property unless we have first signed an intellectual property or confidentiality agreement. If you disclose such information without such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
9. Termination of use
Contractual relations arising under these terms in connection with use of the service terminate when: the term for which the relevant product and/or service was ordered and paid expires; either party is wound up or declared bankrupt; by mutual written agreement; due to objective impossibility to perform; or with one month’s written notice from either party.
We may immediately terminate your access to the service if you: disrupt the stability or operation of the software providing the service; use the service for unlawful or criminal activity; infringe our or third parties’ intellectual property; attempt to use, copy, reproduce, perform, adapt, display, distribute, embed, modify, reverse engineer, decompile, transfer, download, transmit, monetise, sell, trade or commercialise principles and/or technologies or program code in or used by the service; use the service to send unsolicited commercial messages (spam); or use the service to send viruses or other harmful files intended to damage software or hardware.
Upon termination for any reason we may, at our discretion, immediately change or terminate access (temporarily or permanently), terminate your registration and delete from our servers all user content you stored, subject to applicable law. You agree we are not liable to you or third parties for modification, suspension or termination of access or use or for any content you may have shared. You are not entitled to compensation or payment even if features or content you contributed or relied on are lost permanently. You must not circumvent access restrictions to the service.
Where applicable law and service functionality allow, you may request deletion of your account and related data as described in the privacy policy. We are not liable for consequences of deletion or changes you make where permitted by the system.
10. Warranties and liability
Nothing in this section limits or excludes any statutory warranty that cannot lawfully be limited or excluded. The service and content are provided “as is” and “as available” and may contain inaccuracies or typographical errors. We disclaim all warranties of any kind, express or implied, regarding availability, accuracy or completeness of content. We do not warrant that:
- the service or content will meet your requirements;
- the service will be uninterrupted, timely, secure or error-free.
Nothing on this web interface constitutes or is intended to constitute legal, financial or medical advice. Seek appropriate professional advice if needed.
You accept and agree that we are not liable for: the type, availability, accuracy, completeness or correctness of content and data submitted to or received from third parties through the service; the type, availability, accuracy, completeness or correctness of results you obtain through the service — you are responsible for verifying results and correcting data through the interface where necessary; duplicate records in third-party systems related to data transmitted through your use; third-party claims regarding content and data accessed through the service or claims against you related to use of the service; compensation for persons whose personal data were used by you or others in connection with use of the service, whether or not consent was given; interruptions, delays or failures of the service or inability to use parts or all of the service caused by third parties or their systems; failures or inability to use due to external technical means, browser, network, device, unauthorised access or third-party intervention, malware on your side, etc.; operation of the service if your device or environment does not meet reasonable technical requirements or you do not follow usage instructions; temporary degradation during tests, optimisation or maintenance on our side; temporary degradation due to circumstances beyond our control — force majeure, chance events, global network issues, your equipment, unauthorised third-party access, etc.; no guarantee that the service is free of viruses or malware; damage to software, hardware or telecommunications or loss of data from resources loaded or used through the service; damage from how information from the service is used, interpreted or analysed; actions of third parties who gained access to your content through the service; how you use the service and all consequences; your actions in breach of these terms; your e-mail addresses ending up on spam lists maintained by third parties.
We do not guarantee that the service will remain unchanged or supported indefinitely. You bear full responsibility for use of the service. We are not liable if you have not reviewed subsequent updates to the published terms.
Upon termination we are not liable for damages or lost profits suffered by you or third parties due to suspension of profile access, termination of registration, deletion of content from servers or execution of orders of competent authorities.
The following provisions apply to the maximum extent permitted by applicable law and do not limit or exclude our liability where it would be unlawful to do so. In no event shall we be liable for direct or indirect damages (including lost profits or revenue, loss or damage to data, software or databases, or property) arising from your access to or use of the service.
Unless an additional agreement states otherwise, our maximum aggregate liability to you for all damages arising from or related to MonitorDash, regardless of form of action, shall be limited to the total amount you paid us for the service in the twelve months preceding the event giving rise to the claim, or — if nothing was paid — to the minimum amount set out in the applicable agreement. This limit applies cumulatively to all your claims.
11. Privacy
Access to the service may require you to provide certain information as part of registration. You agree that any information you provide will always be accurate, correct and up to date.
When registering and using MonitorDash, we process personal data within the scope and on the bases described in the privacy policy. Data required for the account, configuration and provision of modules (including monitoring, traffic, logs, etc.) are stored in the service infrastructure in accordance with that policy. Lawful processing of third parties’ personal data (e.g. visitors to your sites when tracking is enabled) is your responsibility as controller or processor within your organisation, in accordance with applicable law and agreements between the parties.
Full information under Article 13 of Regulation (EU) 2016/679 and your rights as a data subject are in the privacy policy.
12. Export restrictions / legal compliance
Access to the service from territories or countries where use is unlawful is prohibited. You may not use the service in violation of export laws of the Republic of Bulgaria and applicable international law.
13. Assignment
You may not assign or transfer any of your rights and/or obligations under these terms, in whole or in part, including to subcontractors, to a third party without our prior written consent. Any purported transfer in breach of this section is void.
14. Breach of these terms
Without prejudice to our other rights under these terms, if you breach these terms in any way, we may take such action as we deem appropriate, including temporarily or permanently suspending your access to the service.
Breach of these terms, in particular any attempt to access services and/or information assets without authorisation — including attempts to read, copy, modify or remove data without prior permission — may constitute a criminal offence under the Criminal Code of the Republic of Bulgaria.
15. Indemnity
You agree to indemnify, defend and hold us harmless from and against all claims, liabilities, damages, losses and costs arising from your breach of these terms and applicable laws, including intellectual property and privacy rights. You will promptly reimburse us for damages, losses, costs and expenses arising from or related to such claims.
16. Waiver
Failure to enforce any provision of these terms or failure to exercise a termination option shall not be construed as a waiver of such provisions and shall not affect the validity of these terms or our right to enforce any provision thereafter.
17. Entire agreement
Unless you are bound by additional agreements relating to your relationship with us or products or services you receive from us, these terms constitute the entire agreement between you and Take Control — Software and Infrastructure EOOD regarding your use of MonitorDash.
18. Updates to these terms
We may update these terms from time to time. You should periodically check for changes. The date at the top of the document is the date of the last revision. Changes take effect after publication in the service web interface. Continued use after publication of changes constitutes agreement to comply with the updated terms, unless the law requires otherwise.
19. Governing law and jurisdiction
These terms are governed by the laws of the Republic of Bulgaria. Disputes fall under the jurisdiction of the Bulgarian courts. If any part or provision is held invalid or unenforceable, it shall be modified or applied to the maximum extent permissible to give effect to the intent of these terms. The remaining provisions shall remain in full force.
20. Contact information
The MonitorDash service is provided by Take Control — Software and Infrastructure EOOD.
You may contact us regarding these terms at:
E-mail: info@takecontrolsoft.eu
Phone: +359 87 789 7005
Address: Sofia, PC 1715, Mladost 4 residential area, block 460B, entrance 1, floor 2, apt. 6