Network Perspective

Terms of Service

Effective date: 10 February 2018

Thank you for using Network Perspective!

These terms of services (the “General Terms”) govern the use of, and the subscription to, the Website and the Network Perspective application provided by Network Perspective (“Network Perspective”, “we”, “us” or “our”). By accessing the Website or the Network Perspective application, you agree to the General Terms on behalf of yourself as a user (“User”) and, as the case may be, on behalf of the organization that you represent (“Customer”). The column on the right (named “Basically”) provides a short explanation of the terms of use and is not legally binding.

Basically:

Every company has its terms, and these are ours. By using Network Perspective, you agree to the terms below.

Who we are?

Description of Service

Network Perspective (“Network Perspective”, “we”, “us” or “our”) provides the network organizational chart tools, services and application commercialized as “Network Perspective application” and accessed by Users. “Users” means you and any individual to whom Customer (“You”, “your”) provides access to the Network Perspective application or other tools, including any account administrators, company manager, group manager and any Survey Respondents. Our Service is tailored for professionals (entrepreneurs), thus we do not leave B2B zone (we do not provide Service for consumers). “Survey Respondents” means any User invited by Customer to submit answers to surveys, answers to polls, comments, feedback and suggestions through the Network Perspective application, including any employee of Customer. “Parties” means Network Perspective and Customer. “Customer Data” means any content, which may include personal information of Users, that Customer or Users submit or transfer directly or with the support of Network Perspective employee to Network Perspective application in conjunction with the Services, such as customized questions drafted by the Users, answers to surveys, answers to polls, pictures, comments, feedback and suggestions; “User” means any user of the Website and any Users; and “Website” means the website at https://networkperspective.io/ and its sister websites provided by Network Perspective (for example, https://www.networkperspective.io/#/privacy). “Privacy Policy” means Network Perspective Privacy Policy available at https://www.networkperspective.io/#/privacy. The capitalized terms shall have the meaning ascribed to them above. The term “including” is not limiting and means “including, without limitation”. These General Terms and our Privacy Policy (together, the Agreement) form a contract between you and us. If you want us to send you General Terms and Privacy Policy via email, let us know. Formally, we are: Network Perspective Sp. z o.o. Located in Europe, Poland, H. Wereszyckiego Street, No. 6, 54-704 Wrocław, Tax Number (NIP UE): PL8943089992, Statistical Number (REGON): 365944793, Registry Number (KRS): 0000649031, District Court for Wrocław-Fabryczna, VI Commercial Division, share capital 5.000 zł, fully covered, email: support@networkperspective.io.

Basically:

We develop the B2B application for companies to create their organizational charts by sharing information about cooperation among employees. If you have decided to create such an organizational chart for your company, you are our client. Employees from your company are the users.

Get to know our Services

Services

During the Term, Network Perspective grants to Customer and its Users the right to access and use the Network Perspective application, website and any related services, in accordance with the General Terms (the “Services”). From the legal point of view, from the moment of payment until termination, we grant the Customer with a non-exclusive, non-transferrable, non-restricted as to territory license to use our software (via application and website), located on our server in a single Internet domain – under address www.networkperspective.io. We do not grant any implied license nor transfer any intellectual property rights - we give you only what is expressly stated in General Terms.

Basically:

We are happy to work with you and grant you the access to our services.

Changes to Services

We may revise the content, features and functions of the Network Perspective application or website at any time without notice. Network Perspective will provide Customer with prior notice if there is a change to our application or website resulting in overall material decrease in functionality. In such cases, Customer may terminate its subscription in accordance with Section named “Termination”, point (i).

Basically:

We strive to listen to customers’ needs and quickly move forward. Hence, you’ll frequently find new features and services without prior notice.

Limitations to the Services

Customer acknowledges and agrees that Network Perspective does not control the Customer Data and does not guarantee the accuracy, integrity or quality of such Customer Data. Customer is solely responsible for evaluating the accuracy, reliability, completeness and usefulness of any information obtained through use of the Network Perspective application or website and for making and implementing decisions based on such information and dealing with any related consequences. Customer further acknowledges and agrees that Network Perspective assumes no liability for any Customer Data handled by Customer through the Network Perspective application or website (in particular no liablity in scope of damnum emergens, nor lucrum cessans).

Basically:

Your data belongs to you. We give you a tool for gathering and analyzing information about your company. However, you are the owner and the one responsible for safeguarding your data.

Interruption of the Services

Network Perspective may temporarily limit or suspend the Services from time to time at its discretion including to perform upgrades to, and maintenance of, the Network Perspective application or website. If Network Perspective limits or suspends the Services, we will endeavor to give you reasonable advance notice so that you can plan around it. However, there may be some situations, such as security emergencies, where it may not be practicable for us to give you advance notice. We will use commercially reasonable efforts to narrow the scope and duration of the suspension or limitation as is needed to resolve the issue that prompted such action. At times things can go wrong and the service may be interrupted. Please let us know, within 3 days from occurrence of the problem, (via e-mail support@networkperspective.io), and we will recompense you every day of service limitation by reducing the amount of your monthly subscription described in section named “Fees for Services” with the payment corresponding to one day subscription (1/30). In case you let us know about bigger problems, we will analyze it and send you and answer within 14 days.

Basically:

At times, technology has problems and the service may be interrupted. Once you notify us of any problem, we will recompense you by reducing the amount of your subscription.

Customer and Third Party Services

Customer is responsible for maintaining and updating any operating systems, Internet browsers, anti-virus software, or other software that its Users use to access and use the Services. Customer acknowledges that the Services may not work properly if its operating systems, Internet browsers and anti-virus software are not up-to-date. If you use any third party service with the Services (for example, a web browser or any integration), you acknowledge that the service may access or use the Customer Data. Network Perspective will not be responsible for any act or omission of the third party, including such third party’s use of the Customer Data. We did our best to make Services work with Google Chrome, Internet Explorer, iOS 10, Android, Microsoft Outlook 365 and other software, however we do not warrant or support any such third party service, and you should contact that third party for any issues arising from your use of the third party service.

Basically:

By using Network Perspective, you also use other services, including a web browser. Some services depend more on you than us. Furthermore, certain services access or use your data, and we cannot fully control how they work. Most of that stuff is awesome, but we're not responsible when it's not.

Unacceptable Use

Customer shall not, nor attempt to, nor permit third parties to: (a) share non-public features or content of the Network Perspective application or website with any third party; or (b) copy, duplicate, reverse engineer, decompile, decode, decrypt, disassemble, record, alter, merge, adapt, translate, create any derivative works or otherwise reproduce any part of the Network Perspective application or website. For clarity purposes, Customer shall not access the Network Perspective application in order to build a product or service competing with the Services or to build a product using ideas, features, functions or graphics similar to those of the Network Perspective application or website. In the event that it suspects any breach of this Section, Network Perspective may suspend Customer’s access to the Services without advanced notice, in addition to such other remedies as Network Perspective may have.

Basically:

We spent a lot of time and effort working on the application and ask you to use it with respect to our copyrights.

Account Security and Access

Customer shall take reasonable steps to prevent unauthorized access to the Network Perspective application or website, including by protecting its passwords and other login information. Customer is responsible for any activity occurring in its account (other than activity that Network Perspective is directly responsible for and is not performed in accordance with Customer’s instructions), whether or not Customer authorized that activity. Customer shall immediately notify Network Perspective if it becomes aware of any unauthorized access to, or use of, its account.

Basically:

Great effort is expended to make the application secure, but we have little influence on what you do with your own account. Please, take care of your account by protecting your password.

Unacceptable Conduct of Users

To help ensure a legal, safe and productive use of the Network Perspective application and website, Customer shall ensure that Users do not have any inappropriate conduct, including allowing the submission of any Customer Data that is (or using the Customer Data in a way that is) illegal, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, offensive, indecent, hateful, or racially, ethically or otherwise objectionable. Users shall be respectful of the survey respondents’ rights, in particular personal goods. It is Customer’s responsibility to monitor and control all activity conducted by Users on the Network Perspective application and website. Network Perspective is under no obligation to review how Users are using the Network Perspective application or website (including how Survey Respondents answer surveys and polls and provide feedback and comments). Network Perspective assumes no liability for any unacceptable conduct by the users or for any content uploaded by the users and customers in the Network Perspective application or website. In case you find any legally doubtful User activity, please don’t hesitate to contact us at support@networkperspective.io.

Basically:

Anything you or your users do with our application and any data you add are your concern. We provide you with the tool, but all the actions performed with the tool are yours.

Indemnification by Customer

Customer shall defend, indemnify and hold harmless Network Perspective against any claim, suit or proceeding arising out of, or related to (a) Customer Data; (b) the breach of any warranty, covenant or other obligation contained in these General Terms by Customer or any User or (c) Customer’s or any User's alleged or actual use of, misuse or inappropriate use of or failure to use the Services, including any Customer’s or User’s use in violation of Section titled Unacceptable Use and Unacceptable Conduct of Users.

Basically:

If we are sued because of something your business does on Network Perspective, we ask you to pay our costs.

Compliance with Laws

When using the Services, Customer shall comply with all applicable laws, including laws governing the protection of personal information, personal goods and intellectual property. Customer is also responsible to obtain any consent required by law from its Users to allow Customer to use the Services and to allow Network Perspective to provide the Services in accordance with the General Terms and the Privacy Policy.

Basically:

While using Network Perspective, we expect you to respect the law.

Compliance by Users

Customer must ensure that its Users comply with all applicable laws, including laws governing the protection of personal information, personal goods and intellectual property, and that such Users are governed by, and comply with, the General Terms.

Basically:

Similarly, you must take care that your users respect the law as well.

Thank you for rewarding our work

Fees for Services

In consideration for the Services, Customer shall pay Network Perspective the fees specified on the Website for the subscription term (whether monthly or annual) selected by Customer, unless other payment terms have been agreed to in writing between Customer and Network Perspective (the “Service Fees”). We shall receive the fee as agreed, so all the bank fees, provisions, costs of bank transfer, etc. cannot be deducted from the fee. Customer agrees that its subscription be automatically renewed at the Renewal Date for the same subscription term as the previous one, unless it cancels its subscription before the Renewal Date in accordance with Section named “Termination”, point (i). Customer is responsible for timely canceling its subscription in accordance with Section named “Termination”, point (i) regardless of whether it receives any renewal prior notice from Network Perspective. For the purpose of the General Terms, a “Renewal Date” is the first day following the expiration of a subscription term. Please remember that in case you don’t pay on time, we may suspend or shut down your account and you won’t be able to use Services. We don’t want it, but we need to be paid in order to be able to provide our Services.

Basically:

We expect that you will reward our work with regular payments. However, at any time, you can cancel your subscription and stop making payments.

Change in the Number of Users

Customer acknowledges and agrees that the Service Fees are determined in accordance with the number of Users. In the event that the number of Users changes, the Service Fees will be adjusted accordingly.

Basically:

The payment depends on the number of people using the application and changes if the number of users changes.

Revised Service Fees

Network Perspective reserves the right to revise the Service Fees applicable to any future subscription term in its sole discretion. The revised Service Fees will take effect as of the next Renewal Date for the next subscription term further to a prior notice from Network Perspective to Customer.

Basically:

The amount of payment can be modified for other reasons too, such as the addition of new features. Once you’ve chosen to work with us for a given period, we provide you our services, and you should not expect a refund.

No Refunds

Payments are nonrefundable and there are no refunds or credits for partially used periods.

Free trial

If Customer registers for a free trial for the Services, Network Perspective will make such Services available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period applicable to Customer; (b) the start date of any subscription purchased by Customer for such Services; or (c) termination of the trial by Network Perspective in its sole discretion. Please note, that apart from payment, you are bound with all other provisions of General Terms and Privacy Policy.

Basically:

You may try the application for free to make sure the solution suits your needs.

Third Party Payment Processor

Network Perspective reserves the right to use a third party PCI-DSS compliant payment processor for all billing and receipt of payments hereunder

Basically:

To process your payment, we use an external service.

Taxes

Unless otherwise stated, the Service Fees do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). Customer is responsible for paying Taxes except those assessable against Network Perspective based on its income. Network Perspective will invoice Customer including such Taxes if Network Perspective has a legal obligation to do so. As for now, Polish value added tax is 23%, however in some cross-border transactions it may not appear.

Basically:

The fees you see at first glance do not include taxes.

What we do and don’t guarantee

Warranty Disclaimers

Network Perspective does not warrant that the website or the Network Perspective application will be uninterrupted, timely, defect free and error free. Customer accepts that the website and the Network Perspective application are provided “as is” and “as available”, with all defects and errors, if any. Network Perspective makes no representations and no warranties of any kind, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. At times things can go wrong and the service may be interrupted. Once you let us know (via e-mail support@networkperspective.io), we will recompense you the every day of service limitation by reducing the amount of your monthly subscription described in section named “Fees for Services” with the payment corresponding to one day subscription (1/30).

Basically:

Although it has never happened, there is always the chance that a system malfunction or data breach could occur, putting your data at risk. We are not responsible for that but guarantee you adequate refund of your subscription.

Limitation of Liability

In no event shall Network Perspective’s aggregate, cumulative liability arising out of or related to Services, these general terms and privacy policy exceed the total amount paid by customer hereunder in the twelve (12) months preceding the last event giving rise to liability. The existence of more than one claim shall not enlarge or extend this limit.

Basically:

We are building the best service for you, but we can't promise it will be perfect . Thus, we're not liable for unforeseen circumstances. In case something goes really wrong, we will pay you the maximum warranty of the amount you paid us in the last 12 months.

Exclusion

In no event shall Network Perspective be liable to customer for any lost profits or revenues or any consequential, indirect, special, incidental, or punitive damages (i.a. no damnum emergens nor lucrum cessans liability) arising out of or related to Services, these general terms, however caused, whether in contract, tort, risk or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages, except for fraud or willful misconduct of Network Perspective.

Basically:

The application provides you with information vital for your business, but you should think carefully about what the data means in terms of your company. Your interpretation of the data is priceless, and we are not reliable for decisions and actions you and other people make.

Consultant

Should Customer hire a consultant to perform services relating to the implementation and the use of the Network Perspective application, Network Perspective shall have no responsibility in relation to such services.

Basically:

If you work with a consultant that implements the application and interprets the data, we take no responsibility for the consultant’s work.

Please, respect our copyrights and trademarks

No Rights Granted

Network Perspective retains all right, title, and interest in and to the Website and the Network Perspective application and the content Customer accesses through the Website and the Network Perspective application, other than Customer Data. These General Terms do not grant Customer any intellectual property rights in or to the Website or the Network Perspective application or in Network Perspective’s logos and other trademarks. In case of any doubts the license granted shall be interpreted narrowly. You cannot modify our application or website unless it has functionality that allows it.

Basically:

Please respect our intellectual property rights for tools and knowledge we share with you.

Feedback

Any feedback or suggestions sent by Customer or shared by Customer with Network Perspective to improve the Network Perspective application or the Website may be implemented by Network Perspective. In such case, Customer grants Network Perspective an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free right to use any such feedback or suggestions for any purpose without any obligation or compensation to Customer.

Basically:

We listen to your needs. Once your suggestions are implemented, your input is really appreciated but does not give you any intellectual property rights to our tools and know-how. Your idea is just the beginning of the process. A lot of work is done to transform the initial idea into a working function.

What about term?

Term

These General Terms are effective as of the first date that Customer or a user of the Website, as the case may be, accesses and uses the Network Perspective application or the Website until they are terminated by any or both Parties in accordance with the next Section named Termination (the “Term”).

Basically:

These rules apply to us and you from the first to the last day you use the application.

Termination

These General Terms may be terminated: (i) by Customer at any time if it cancels the Services through its Network Perspective account or via email or written contact with Network Perspective; (ii) by Network Perspective at any time if Customer materially breaches any of its obligations under these General Terms. In the event that the material breach is curable, the General Terms may be terminated if such breach is not cured within fifteen (15) days after Network Perspective provides notice of the breach. For clarity purposes, any violation of Section named “Unacceptable Use” and “Unacceptable Conduct of Users” by Customer shall be deemed a material breach of these General Terms; (iii) by Network Perspective if Customer fails to make any payment of the Service Fees; or (iv) by Network Perspective for convenience with a thirty (30) days prior notice for monthly subscription or with a ninety (90) days prior notice for an annual subscription. Section named “No Refunds” applies, regardless of the cause of termination. In case we terminate, we will send you an email or letter.

Basically:

You can stop using our application at any time. Likewise, we may stop providing the services to you or anyone at any time.

Survival

Sections named “Unacceptable Use”, ”Unacceptable Conduct of Users”, “Indemnification by Customer”, “Warranty Disclaimers”, ”Limitation of Liability”,” Exclusion”, “Consultant”, ” No Rights granted”, “Feedback”, as well as “Term”, “Termination”, “Survival”, all the General Rules and Privacy Policy shall survive termination of the Agreement.

Basically:

Some sections remain in effect even if we stop working together.

Some general rules at the end

Publicity

Customer grants Network Perspective the right to use Customer’s company name and logo as a reference for marketing or promotional purposes – i.a. in computer networks, Internet, electronical and printed documents, presentations and brochures. If Customer changes its mind and wishes to limit such right, it shall send an email to support@networkperspective.com.

Basically:

We are proud that we work with you and want to tell others about it.

Choice of Law, Jurisdiction and Venue

These General Terms shall be governed solely by the laws (both procedural and material – in particular The Statute of 18th July 2002 on services rendered in an electronical way, The Statute of 23rd April 1964 Civil Code, The Statute of 4th February 1994 on copyright and related rights, The Statute of 29th August 1997 on personal data protection, The Statute of 16th January 2004 Telecommunication Law) of Poland without reference to: (a) any conflicts of law principle that would apply the material laws of another jurisdiction to the Parties’ rights or duties; (b) the 1980 United Nations Convention on Contracts for the International Sale of Goods; or (c) other international laws. The Parties agree that any litigation in any way relating to these General Terms shall be brought and venued exclusively in the judicial district of Wrocław in Poland, Europe and waives any objection that such venue is inconvenient or improper. In case of differences between Polish and English version of General Terms and Privacy Policy, Polish version prevails. However, before we go to court, let’s try to settle amicably – we believe it is always good to talk.

Basically:

We work in Europe, Poland, and any court cases please, address here.

Force Majeure

Except as expressly provided otherwise in these General Terms, Network Perspective shall not be liable by reason of any failure or delay in the performance of its obligations on account of an unforeseeable and irresistible event, including external causes with the same characteristics (a “Force Majeure”), which may include hacker attacks, denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortgages, riots, fires, act of God, war, terrorism and governmental action.

Basically:

There are things no one can imagine.

Notices

Network Perspective may send notices pursuant to these General Terms to Customer’s email contact points provided by Customer. Customer may send notices pursuant to these General Terms to Network Perspective at support@networkperspective.io. Notices shall be deemed received 72 hours after they are sent.

Basically:

Contact us anytime at support@networkperspective.io. Likewise, we may send you notices via your e-mail.

Assignment & Successors

These General Terms shall be binding upon and inure to the benefit of the Parties’ respective successors and assigns.

Basically:

Terms are between us.

Amendments

Network Perspective reserves the right to amend these General Terms from time to time with reasonable notice prior to the effective date of the amendments by posting an amended version of the General Terms on its website. Customer’s continued use of the Services following the effective date of any such amendments may be relied upon by Network Perspective as Customer’s consent to any such amendments.

Basically:

If we're making a big change to the terms, we'll let you know.

Discover Network Perspective

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.