Licence terms and conditions
This Contract sets out the terms and conditions under which SparkleIT makes the FleetMax Software available to the Customer as a Service.
The Customer should read this Contract carefully before subscribing to the Service, as subscription is only possible after acceptance of this agreement.
It is important that the Customer understands the meaning of the terms used throughout the text. Therefore, whenever they begin with a capital letter, and unless the context clearly reveals a different meaning, the terms and expressions listed below shall have the meaning indicated below:
(a) Client/Customer: entity, collective or individual, that has contracted the service. It is the fiscal entity to which SparkleIT will send invoices relating to the use of the service and will also be responsible for anything that contravenes what is stipulated in this Contract.
(b) Contract: relationship established between SparkleIT and the Client through these Terms and Conditions.
(c) Force Majeure: any unforeseeable and unavoidable event, which is beyond the control or will of the Parties involved, and which prevents them, in whole or in part, from achieving their objectives and fulfilling their responsibilities.
(d) Parties: SparkleIT and the Client.
(e) Service: use of the product, support services and information in general which form part of the FleetMax platform and which, being used in a cloud environment and in exchange for periodic payments, the sector refers to as a service.
(f) Software: software application made available by SparkleIT under the Contract, i.e. FleetMax.
(g) SparkleIT – Corporate Name SparkleIT Information Technologies, Lda: the company that owns all the rights to the FleetMax Software. This is the company that developed the Service and commercialises it.
(h) User(s): person(s) using the Service as authorised by the subscriber, the Customer.
1. Use of the Software
SparkleIT grants the Customer the right to use the Software, in accordance with the features of the contracted options, through remote access to SparkleIT’s cloud computing services, which requires the Customer to use an adapted access by connecting to a compatible internet browser.
SparkleIT therefore grants the Customer a non-exclusive, non-transferable and limited licence to use FleetMax. The licence is valid for the Customer’s internal use and does not permit commercialisation, redistribution, sublicensing or access by unauthorised third parties. Customers may use the Service to manage their activities
2. Intellectual Property
All Intellectual Property Rights in and to FleetMax, including any developments, adaptations, alterations, transformations, configurations, customisations and otherwise in and to the Software, belong solely to SparkleIT, irrespective of which Party has done so.
Nothing in this Contract grants the Client or the Users they manage any rights in the Software, except the limited right of use as set out herein; under no circumstances may any rights be transferred to other persons or companies without SparkleIT’s written authorisation.
Furthermore, the following actions, among others, are expressly prohibited: reproducing, using to develop or commercialise identical or similar software, distributing, reverse engineering, creating derivative works of the Software, storing, distributing or transmitting viruses, illegal, dangerous or unauthorised material, or facilitating illegal activities through the use of the Software.
3. Customer’s obligations and responsibilities
The Customer will be responsible for managing the Users associated and contracted to its account. As such, they must all be informed of and accept these conditions. It is the Customer’s responsibility, namely as the system administrator User, to create the Users contracted to access the service and to manage the type and levels of access to information, and the Customer may withdraw access to a User from the service at any time. The User must also ensure that all entities to which they provide this service have previously accepted the terms of this agreement.
The Customer is responsible for preventing any unauthorised access to or use of the Software. If you become aware of any unauthorised access or use, you must immediately notify SparkleIT and adopt the preventive and precautionary technical measures at your disposal.
Payment takes place on joining the Service and on each renewal.
The price payable by the Customer under the Contract, as well as the respective payment terms, are detailed on the FleetMax website. The price varies depending on the pack chosen, the number of cars hired and the frequency (monthly or annually). VAT is added to these amounts at the legal rate in force; any fees or taxes applicable to the use of the Service are the sole responsibility of the Customer.
The Customer may upgrade to a higher version of the Software or downgrade, and the change will be made at the next renewal with the corresponding new price. If the Customer wishes to upgrade before the time of renewal, they must contact support and request a personalised upgrade so that the additional costs can be assessed.
It is the Customer’s responsibility to renew the Contract no later than one day before the renewal date if they intend to continue using the Service. Failure to make timely payment of any amounts due to SparkleIT under the Agreement shall entitle SparkleIT to immediately terminate the Client’s use of the Software.
Payment will be processed via the Stripe platform, subject to Stripe’s terms and conditions.
Unless otherwise communicated, all invoices are sent by dematerialised means to the email address provided by the Customer. The Customer is responsible for ensuring the security of the electronic invoice against unauthorised access by third parties. To change the e-mail address, the Customer can send an e-mail to firstname.lastname@example.org.
SparkleIT may unilaterally and at its discretion change the price by giving notice to that effect 30 (thirty) days prior to the effective date of the change, and such change shall apply to the invoice issued by SparkleIT immediately following the effective date of the change.
No refunds to the Customer of any amounts paid to SparkleIT are envisaged.
The Customer is guaranteed all information relating to the payment requested and may be contacted by various means for further clarification if necessary.
5. Service validation
Customers should make sure that the Service meets their functional needs before signing up. To do this, they can, for instance, try out the most limited free version of the Software.
6. Updates and support
SparkleIT may change the Software, namely by developing, removing or adding new features without prior notice, provided that all the features originally contracted for are maintained, but SparkleIT is under no obligation to make other features available to the Customer and that the availability of added features may be subject to the payment of additional fees.
FleetMax may evolve over time as a result of the influence of the Service’s Customers. The evolution of a Service such as FleetMax will take place in various aspects, such as interfaces, existing functionalities and the availability of new functionalities. The Customer accepts the product as it is.
SparkleIT may, at its discretion, provide technical support and updates to FleetMax.
7. Service Maintenance
SparkleIT will dedicate all possible technical and human resources to providing the Software on a continuous basis, but cannot guarantee this availability at every moment. In addition, it is important to note that the Software may not be accessible in certain situations, such as:
(a) occurrence of Force Majeure;
(b) issues related to network security and integrity;
(c) suspicions of abnormal or fraudulent traffic;
(d) evidence of network intrusion attempts;
(e) during the execution of various services, tasks or activities in the Software, including, but not limited to, the availability of new versions of the Software, updates, correction of identified defects or functional improvements implemented by SparkleIT. In this situation, the Client will be informed in advance so that it can manage this period of service unavailability in the best possible way.
The security of Customer data is SparkleIT’s main concern and, within the scope of the FleetMax service, it guarantees to use the latest and most modern technologies, as well as the expertise available at any given time, to provide this guarantee.
It should be added that Users of the Service also have a role to play in achieving these security objectives:
(a) The Customer must ensure that all access codes to the Service are secure and confidential. In the event of a breach of confidentiality, the Customer must immediately inform the Service or ensure that the accounts of Users whose access is no longer confidential are deleted or blocked.
(b) The Customer must guarantee Users associated with their account that no attempt is made to access the system in what is universally considered to be a computer crime or an improper attempt to hack into computer systems punishable by law. To combat this type of behaviour, the FleetMax service is permanently monitored using the latest available technologies. If an attempt or actual intrusion is detected, the Customer and its Users will be completely disconnected from the service and a procedure will be opened to explain what happened.
9. Geographical availability of the Service
FleetMax uses cloud technology, so it can be used from any geographical area, as long as the Customer has adequate Internet access and a web browser.
SparkleIT guarantees the confidentiality of all information relating to the Client and the organisations and persons managed within the scope of the subscription.
Information in the public domain, i.e. the identification of any company, is not considered by the Service to be confidential. The list of Customers, suppliers or others who form part of the information ecosystem linked to the interests of the companies managed by the Customer is considered confidential.
Information considered confidential will only cease to be confidential with the Customer’s prior authorisation, usually by signing up to a service provided by the FleetMax platform or by a third party.
The confidentiality agreement remains in place even after the termination of the Service for any reason and for as long as the information in question continues to qualify as confidential information.
11. Data ownership and management
All data managed by FleetMax is the property of the Customer. The Customer authorises the Service to manage their data for the exclusive purposes of the Contract concluded between the Parties and for the management of backup copies.
Should the Customer cease to use the Service, the Service will continue to guarantee the existence and security of the information for a period of 1 month after the cessation, after which the data will be definitively deleted.
The creation and management of Users within the maximum contractual limit of the Service is the sole responsibility of the Customer. The Client therefore accepts that all authorised Users may access the Service and have access to the data in accordance with the access configuration defined by the Client. Consequently, SparkleIT cannot be held liable for any misuse by a User authorised by the Customer.
12. Data backup
FleetMax uses the services of OVH and Microsoft for data management. Choosing service providers with the reputation of OVH and Microsoft is one of the guarantees of the reliability and security of the infrastructure that a Service like FleetMax must provide its Customers. The service guarantees Customers a daily copy of their data. This copy is replicated in at least three geographically distant areas in order to increase the level of security against events of a nature that could lead to the destruction of a data centre in a given location.
The data is stored on servers managed by OVH and Microsoft and in regions permitted by international law. If necessary, the Customer can consult the service to clarify in detail the legal and juridical issues relating to the storage of information in authorised lengths.
Despite all the technology and expertise that supports the service, SparkleIT cannot guarantee that an incident, for which it or the various technology partners that make up the solution are responsible, that could result in data loss will not occur. In this regard, SparkleIT excludes any liability for damages that may be caused to Client companies in the event of data loss for any conceivable reason. SparkleIT also advises Clients to keep the information managed by the Service, some of which is required by law.
13. Limitation of warranty and liability
With the exception of the aforementioned warranties, the Service is provided as is, without any other warranty, express or implied. The end Customer is solely responsible for the results and performance of the product.
In no event shall SparkleIT be liable to the Customer or any other person or entity for any incidental, special, consequential or other indirect damages, including, without limitation, lost profits, lost or destroyed data, or other economic or commercial damages, even if SparkleIT has been advised of the possibility of such damages or their occurrence is foreseeable.
SparkleIT’s total liability to the End Customer will not exceed the amount the End Customer paid for the Service during the current period.
The limitations of liability set forth in this paragraph shall apply even if the breach or alleged breach consists of a breach of a fundamental condition or term or constitutes a material breach of this Contract.
14. Suspension of service
SparkleIT reserves the right to suspend access to the Service in the following cases:
(a) Non-payment by the Client within the established deadline and after reminder in the notification to the Client of the payments to be made.
(b) Proven misuse of the Service by any User registered by the Client.
The Client agrees that SparkleIT has no obligation and is in no way responsible for the suspension of the Service and in the event of temporary or permanent failure on its part. The Client agrees that, in the event of suspension of the Service for the reasons set out above, no recovery of sums already paid will be due.
In other words, SparkleIT reserves the right to terminate the Customer’s licence for the FleetMax Software if the Customer breaches this Contract and such termination shall not relieve the Customer of its payment obligations or liabilities under this Contract.
15. Jurisdiction and domiciliation
If any provision of this Contract is invalid or ineffective under the laws of a particular market, it will be replaced by a provision that approximates the intended agreement and complies with local law. For the resolution of any dispute arising from the interpretation or execution of this agreement, the court closest to SparkleIT’s registered office shall have jurisdiction, expressly waiving any other court.
16. Changes in the contract
SparkleIT reserves the right to modify this user agreement by highlighting the changes made in a specific chapter of this agreement. The mere continued use of the Software by the Customer proves acceptance of the new version of the Contract.
If you have any questions or require further clarification, please contact us using the contact details provided.