These Terms and Conditions (hereinafter referred to as: TC) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter referred to as: you) and Haris Digital Engineering Limited Liability Company (registered seat: H-8790 Zalaszentgrót, Ady E. u. 13., company registration number: 20-09-076343, tax number: 26603201-2-20) (hereinafter referred to as: “we,” “us”, “our” or “Haris Digital Engineering Ltd”), concerning your access to and use of Haris General Manager (hereinafter referred to as: GM) and/or Haris Project Manager (hereinafter referred to as: PM) as website application (GM and PM are collectively referred to as “Web App”) available at www.gm.harisdigital.com and www.pm.haris-engineering.com, respectively, and Haris OEE Operator as smart device application (hereinafter referred to as: “Smart Device App” or “Operator”) (Web App and Smart Device App hereinafter jointly referred to as “Apps”, individually as “App”). You agree that by downloading, accessing or using the Apps and the relating Services, you have read, understood and agree to be bound by all of these Terms and Conditions. If you disagree with any part of theSE Terms and Conditions then you may not USE THE APPs.
In these Terms and Conditions, the following capitalised terms shall have the following meanings, except where the context otherwise requires:
"Account" means an account created by a User within the Apps as part of Registration.
“Consumer” means you, if you are a natural person acting for purposes which are outside your trade, business or profession.
“Content” means all the data created as the result of the measurements made by the Smart Device App in the way specified in TECHNICAL DESCRIPTION.
“EULA” means our End User Licence Agreement which is available here.
“Intellectual Property Rights” shall have the meaning as defined in our EULA.
"Privacy Policy" means our privacy policy set out here.
"Register" means to create an Account within the Smart Device App or the Web App and
"Registration" means the act of creating such an Account.
"Services" means all the services provided by Haris Digital Engineering Ltd via the Apps to Users, and "Service" means any one of them,
“Smart Device” means the mobile phone, tablet, laptop and other electronic devices on which the Smart Device App can be downloaded, installed and used.
"Users" means users of the Apps, including you and "User" means any one of them.
“User Identifier” means the identifier which is necessary to log in to the Apps.
Haris OEE Operator – the Smart Device App
The Smart Device App is designed for specific manufacturing operational data collection at manufacturing industrial companies and is designed to capture the predefined up and down statuses of machines and/or manual operations, by registering the time of status changes as well as the time spent between status changes (e.g., a machine starts and stops operation), (hereinafter referred to as: “Surveys”). Users might register predefined reason codes during data collection for further use.
The Smart Device App helps the User evaluating the data collected by enabling aggregated reports, thus providing insight on manufacturing operations efficiency.
Haris GM
Haris GM is designed for collecting, maintaining and sharing Survey relevant data. User may upload Survey data with the Smart Device App to Haris GM using his/her User Identifier.
Haris PM
Haris PM is designed to provide project management services using his/her User Identifier.
The operational data required by the Smart Device App for machine status monitoring is inherently provided by external devices which are different from the sensors of the Smart Device running the Smart Device App. The Smart Device App in its current built is designed to read specific external device data using Bluetooth Low Energy (BLE) technology. These devices (“Beacons”) contain several sensors measuring several attributes, e.g. environment temperature, light or device acceleration. Preconfigured Beacons broadcast standard telemetry data packages making the Smart Device App available for capturing (parsing telemetry data packages) sensor information on a regular basis (hereinafter referred to as: “Frequency”).
The Smart Device App uses aggregated acceleration information of the Beacon’s accelerometer to capture the movement or resonance of the asset (e.g. machine) where the Beacon is attached to. As Frequency is highly influencing the quality of status monitoring Users are advised to use Beacons supported by Haris Digital Engineering Ltd.
You are responsible for placing the Beacon to an appropriate location enabling Beacon accelerometer capturing relevant movements and/or resonances.
You are responsible for considering all the safety regulations when placing the Beacon to the selected asset to be monitored (e.g. avoiding attaching the Beacon to a high-speed rotating palette might hurting someone if the Beacon is released).
For successful application of the Smart Device App Users are advised to purchase preconfigured Beacons from Haris Digital Engineering Ltd.
The Services are available to the Users in the following three versions of the Operator and GM:
In the course of use of the Project Version, you are entitled to download the Smart Device App to your Smart Device without identifying yourself.
Features available in the Project Version (Operator only):
The Project Version may be installed and used for free.
BASIC Version is available after Registration and subscription.
Features available in the BASIC version (Operator and GM)
Pro Version is available after Registration and subscription.
Features available in the PRO Version (Operator and GM)
The Services are available to the Users in the following versions of the PM:
Features available in the PM PROJECT Version (Free):
The Project Version may be installed and used for free.
Import tasks from spreadsheets Features available in the PM PRO Version
Subject to your compliance with the TC and the law, you may access and use the Apps in accordance with the conditions related to the version used by you. The further provisions on Licence are determined in our EULA.
We remain the sole owner of all right, title, and interest in the Apps. We do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Apps. We reserve all rights not granted under this TC. For further information please read our EULA.
For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy.
Our users may upload, or otherwise contribute content to the Web App (which may include, for example, data provided by the Beacons, data arising from the measurements and calculations carried out by the Smart Device App or the Web Apps, data arising from the use of the features of the Web Apps (e. g. charts, tables), text notes, information, descriptions and other types of content, hereinafter collectively referred to as: App Content).
You guarantee that, with respect to any App Content you upload, or otherwise contribute to the Web App you have the right to upload, or otherwise contribute such App Content to the Web App, and such App Content, or its use by us, if you allow us to use it as specified below, does not violate the applicable law, or the intellectual property, publicity, personality, or other rights of any 3rd party.
We reserve the right to remove or disable access to any App Content for any or no reason, violates this TC or the rights of any 3rd party. We may take these actions without prior notification to you or any third party.
You are solely responsible for all App Content that you upload, or otherwise contribute to the Web App.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO APP CONTENT THAT YOU UPLOADED TO THE WEB APP, THEN, ACCORDING TO THE REGULATIONS OF SECTION 15 OF THIS TC YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
We declare that we do not have access to the Content stored in the Smart Device App.
We inform you that we have access to the APP Content you upload to the Web App; however we declare that we only store such APP Content on our servers and we do not use them otherwise with the exception specified in the next paragraph.
We may use your App Content as anonymised data, for system development or marketing purposes only if you have given your consent thereto by ticking the box next to the following declaration:
⌧ I hereby give Haris Digital Engineering Ltd my consent to use all my Content for system development and marketing purposes.
In this case we ensure that
We declare that we do not use the App Content for purposes other than specified above.
You can use the Project Version without Registration.
You shall Register in order to use BASIC Version or PRO Version.
In the course of Registration you create an Account as follows:
Enter your
Please read our TC and EULA with special regards to the terms which differ from Act V of 2013 (Hungarian Civil Code) and other relevant legal regulations and if you accept the provisions thereto, tick the box next to the following declaration:
I hereby declare that I have read, with special regards to the terms which differs from Act V of 2013 and other relevant legal regulations, and I accept the provisions of Terms and Conditions and End User Licence Agreement.Please read our Privacy Policy and then tick the box next to the following declaration:
I hereby declare that I have read and I acknowledge the provisions of the Privacy Policy.You agree to keep your password confidential and will be responsible for all use of your account and password.
In case you subscribe to BASIC VERSION or PRO VERSION of the Smart Device App (“Subscription”), the subscription agreement between you and us is concluded at the time you receive our confirmation e-mail concerning your payment. We are going to send you immediately the confirmation e-mail (hereinafter referred to as: Confirmation mail) of your payment, to the e-mail address that you registered, after your payment is credited on our bank account. This TC, the EULA and the Privacy Policy constitute the binding provisions of the Subscription agreement. The Subscription agreement is deemed to be a written agreement, and we are going to forward it to you by sending the valid version of this TC, its annexes and the Privacy policy as the enclosure of the Confirmation mail. The language of the Subscription agreement and communication between the Parties shall be English. If you request us via e-mail or registered mail in writing we are going to resend you via e-mail your Subscription agreement.
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You must use the Apps responsibly.
You must not misuse the Apps. For instance, you must not:
By using the Apps, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Apps (or any portion thereof).
If you register on behalf of a company, organisation, or entity (hereinafter referred to as: Company) the terms “you” and “your,” as used throughout this TC, apply to both you and the Company, and you represent and warrant that you are authorised to grant all permissions and licenses provided in this TC and to bind the Company to this TC.
If you subscribe to BASIC Version or PRO Version of the GM/Operator, PRO Version of the PM, you shall pay the price specified in Subsection entitled PRICES in advance via credit card or bank transfer payment. We may change the price of the subscriptions packages of the BASIC and PRO version, from time to time and will communicate any price changes to you in advance. Price changes will be only applicable for your future subscriptions but doesn’t take effect related to your already paid subscriptions.
You may be asked to supply certain information relevant to your subscription including, without limitation, your credit card number, the expiration date of your credit card, your billing address. For further information on data which shall be provided by you in the course of subscription, please read our Privacy Policy.
You represent and warrant that:
The use of third party services may be necessary for the purpose of facilitating payment and the completion of subscription. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your subscription order at any time for reasons including but not limited to:
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
You may use the Project Version for free.
You can subscribe to BASIC and/or PRO Versions for a 3, 6 or 12 months period.
Users have to pay after each data collection point (hereinafter referred to as: “Data Source”). You may use two different Smart Devices for data collection with one Account, but you cannot use them simultaneously with the same Account.
Users are not allowed to hand over the Beacons and the access to the Account to a third party.
You may subscribe to the Basic Version of the GM/Operator for 3, 6 or 12 months period for the following net prices:
| 3 months | 39 Euro/Month/Data Source |
| 6 months | 35 Euro/Month/Data Source |
| 12 months | 29 Euro/Month/Data Source |
The above written prices are net prices and does not include the applicable VAT. VAT (if applicable) will be charged over the above indicated net prices. The net price plus the applicable VAT of the selected subscription period includes the full price of the selected service for the selected subscription period.
You may subscribe to the PRO Version of the GM/Operator for 6 or 12 months for the following net prices:
| 6 months | 45 Euro/Month/Data Source |
| 12 months | 39 Euro/Month/Data Source |
The above written prices are net prices and does not include the applicable VAT. VAT (if applicable) will be charged over the above indicated net prices. The net price plus the applicable VAT of the selected subscription period includes the full price of the selected service for the selected subscription period.
You may subscribe to the PRO Version of the PM for 6 or 12 months for the following net prices:
| 6 months | 9 Euro/Month/User |
| 12 months | 9 Euro/Month/User |
The above written prices are net prices and does not include the applicable VAT. VAT (if applicable) will be charged over the above indicated net prices. The net price plus the applicable VAT of the selected subscription period includes the full price of the selected service for the selected subscription period.
In case you use the PROJECT version by downloading the Smart Device App you are accepting that you are only entitled to use the Smart Device App according to the valid version of this TC and the EULA. The TC and the EULA shall remain in full force while you use the Smart Device App.
In the event you use the PROJECT Version, you may delete the Smart Device App from your Smart Device any time by removing from the Smart Device as usual on the particular operating system (iOS or Android).
You are entitled to subscribe to Basic Version or Pro Version any time by clicking on “Subscribe to Basic Version” or “Subscribe to Pro Version” completing the registration and paying the price for the chosen subscription period according to Section 6 [PAYMENT AND PRICES] of this TC. The subscription is in force until the last day of the subscription period.
In the event you use the Basic Version or Pro Version, you may terminate the subscription any time by clicking on “Unsubscribe”, but you must acknowledge that the price which you have paid in advance will not be refunded under any circumstance, except if you cancel your subscription during the Cancellation period.
If you subscribe for a BasiC Version or Pro Version you may cancel your subscription for any or no reason and receive a full refund of the paid subscription period within fourteen (14) days starting from the day you sign-up for the relevant subscription period (in this TC referred to as: Cancellation period).
In the event you use the BasiC Version or Pro Version, and you do not extend your Subscription until the end of the subscription period, then you are not entitled to use the Web App and other Services specified in the related sections [Basic Version or Pro Version] after the end of the subscription period, but you are still going to be entitled to use the Smart Device App in accordance with the provisions of section of PROJECT Version for unlimited period of time.
During the term of subscription, you may prolong it any time by clicking on “Extend subscription” and paying the appropriate price in advance. In case of extension, you may determine the length of the subscription period differently than earlier.
During the term of subscription, you may move from a shorter period to a longer one. In this case discount will be accounted to the extended future period in accordance with the tables set out in Section 6.
During the term of subscription, you may upgrade your BASIC Version to PRO Version anytime. In this case the already paid fee related to the still remaining subscription period, shall be counted in the price payable for the selected subscription period of the PRO Version.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS TC, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPS OR THE RELATING SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS TC OR OF ANY APPLICABLE LAW OR REGULATION.
If we terminate or suspend your Account for any reason, you may no longer have access to the Contents and the App Contents; you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
This TC and your use of the Apps are governed by and construed in accordance with the laws of Hungary.
To expedite resolution and control the cost of any dispute, controversy, or claim related to this TC (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 (thirty) days before initiating court procedure or consumer disputes. Such informal negotiations commence upon written notice from one Party to the other Party.
In case results of the foregoing negotiations are not satisfactory, and you are a Consumer, you may submit an application to the competent conciliation board or the competent consumer protection authority as follows:
Any Party may submit an application to the national court which is competent according to Act CXXX of 2016 on civil procedure.
There may be information within the Apps that contains typographical errors, inaccuracies, or omissions that may relate to the Apps, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information in the Apps at any time, without prior notice.
THE APPS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE APPS AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY ON BEHALF OF US.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN CASE YOU ARE A CONSUMER THEN THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS; SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, LOSS OF CONTRACT, LOSS OF GODWILL, LOSS OF USE OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPS AND RELATING SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE EXCLUDE OUR LIABAILITY IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE APPS, AND FOR NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THIS TC CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND OUR REASONABLE CONTROL.
OUR LIABILITY FOR ANY CLAIMS, LOSSES AND DAMAGES IS LIMITED TO THE AGGREGATE AMOUNT OF THE SUBSCRIPTION FEE PAID BY YOU UNDER THIS TC DURING THE LAST 3 CALENDAR MONTHS PRECEDING THE DATE OF THE INCIDENT GIVING RISE TO THE CLAIM, LOSS OR DAMAGE.
NOTHING IN THIS TC REMOVES OR LMITS OUR LIABILITY FOR CLAIMS WHERE THE LIABILITY IS MANDATORY PURSUANT TO APPLICABLE LAW ESPECIALLY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR WILLFULL ACT, FOR FRAUD OR FOR FRAUDULENT MISREPSRENSENTATION.
We will make reasonable efforts to keep the Apps operational. However, certain technical difficulties, maintenance or testing, or updates required by technical developments, or to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Apps, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Apps, or to ensure the operability or the security of the Apps, legal and regulatory reasons.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party especially due to or arising out of:
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
The Apps may interact with third party applications, websites, services and devices (hereinafter collectively referred to as: Third Party Apps and devices). These Third Party Apps and devices may have their own terms and conditions of use and privacy policies and your use of these Third Party Apps and devices will be governed by and subject to such terms and conditions and privacy policies. You accept that we are not responsible or liable for the behaviour, features, or content of any Third Party Apps and devices.
By downloading the Smart Device App, you authorize us to send you information regarding the Apps and the Subscription to BASIC Version and PRO Version, such as:
You can review your account settings to adjust your messaging preferences or unsubscribe to some messaging by following instructions provided by us.
We are entitled to assign our rights under this TC, in whole or in part, or to delegate any of our obligations under this TC. You may not assign whole or in part, nor transfer or sub-license your rights under this TC, to any third party.
This TC and any policies or operating rules made available by us in the Apps constitute the entire agreement and understanding between you and us, and supersede any prior agreements in relation to the subject matter of this TC whether written or oral.. Our failure to exercise or enforce any right or provision of this TC shall not operate as a waiver of such right or provision.
The EULA is an inseparable annex of this TC.
We may amend this TC and its annexes at any time by posting the amended terms within the Apps. Your continued use of the Apps after we publish notice of changes to this TC indicates your consent to the updated terms.
This TC operate to the fullest extent permissible by law.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of this TC is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this TC and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of this TC or use of the Apps.
You agree that this TC will not be construed against us by virtue of having drafted it. You hereby waive any and all defences you may have based on the electronic form of this TC and the lack of signing by the Parties hereto to execute this TC.
In order to resolve a complaint regarding the Apps or to receive further information regarding use of the Apps, please contact us at:
Seat: H-8790 Zalaszentgrót, Ady E. u. 13.
phone: +36 30 824 7816
email:
peter.perecz@haris-engineering.com
andras.pfeiffer@haris-engineering.com
beta.support@haris-engineering.com