Terms and conditions of the application
These regulations, hereinafter referred to as “Terms and conditions”, set out the terms, scope and conditions for the provision of the Dature Service (previously referred to as Smartstock service) by Smartstock limited liability company with its registered office in Poznań (address: ul. Królowej Jadwigi 43, 61-817 Poznań) entered in the register of entrepreneurs by the District Court Poznań - Nowe Miasto I Wilda in Poznań, VIII Economic Department of the National Court Register under the KRS number 0000802331, NIP number 7812000413, hereinafter referred to as “Smartstock”.
1. Definitions
By the wording used in these Terms and conditions are considered:
“Day” means a calendar day.
“Business day” means a day from Monday to Friday excluding public holidays in Poland.
“Affiliate” means any legal entity that is owned by a party, held by a party, or jointly held with a party. “Possession” means, for the purposes of this definition, more than 50% ownership in an entity.
“Customer Data” means the data provided by the Customer in the format required by Smartstock necessary for the proper provision of the Product services, in particular sales history, inventory, commodity indexes, necessary for the proper operation of the Product. Customer Data is defined in the Product Documentation.
“End User” is any user to whom Customer allows access to Customer Data provided through the Dature Services or otherwise enables the use of the Dature Services.
“Dature Service”/ “Product” is the Dature Premium or Dature Enterprise service provided by Smartstock, which the Customer orders in the Customer Order.
“Evaluation Version” is an evaluation version, beta version or other type of pre-release or pre-release available feature of the Dature Services made available by Smartstock for the purpose of obtaining Customer feedback on it.
“Subscription” is a registration made for the use of the Dature Services for a given Term specified in the Customer Order. Customer may purchase multiple Subscriptions, which may be administered separately and which will be subject to the provisions of a separate Customer Order.
“Validity Period” is the validity period of the Subscription specified in the Customer Order.
“Account” - a set of resources and permissions within the Dature Service assigned to the Customer, through which the Customer or an End User authorized by the Customer may use the provided services.
“Subscription License” (SL) - the right to use the Dature Services under the selected Product for the period and under the terms indicated in this Contract. SL is assigned on an account activation basis. Details on account creation are placed in the Product Documentation.
2. Subject matter of the Contract, types and scope of services
The subject matter of the Agreement is to grant the Customer access to the Dature Service (Product) operating at the address indicated in the Order, enabling the Customer (including End Users authorized by the Customer) to use the services offered and provided electronically by Smartstock (in accordance with the Order, these Terms and Conditions, and other attachments), in particular, services that enable the calculation of demand forecasts and generation of stocking recommendations (depending on the Product listed in the Customer's Order).
To the extent that the Dature Service is based on the use of third-party technology or resources (Microsoft Azure) in view of their acceptance and approval of the terms of use by the Customer, the accepted terms of the third-party technology provided by the Provider shall also apply accordingly.
3. Conclusion of the Contract for the provision of Dature Services
The Dature Service Contract is concluded by accepting the completed Customer Order and accepting these Terms and Conditions by the Customer. When providing data to complete the Order, the Customer is obliged to provide data that is truthful, accurate and up-to-date, not misleading and not infringing on the rights of third parties.
The Customer shall be solely responsible for the content provided by itself or provided by the designated End Users of the Customer. All content and data sent by third parties authorizing themselves with the data of the Customer or its End Users will be attributed to the Customer.
4. Terms of service
A. Right to use
Smartstock grants the Customer the right to access and use the Dature Service as further described in the Terms and Conditions. Smartstock reserves all rights not expressly granted to the Customer.
Necessary for the use of the Dature Services is the acceptance by the Customer or its End Users of the terms of the Contract regarding the Microsoft Azure cloud.
B. Permitted Use
Customer may only use the Dature Services in accordance with the terms of the Order and these Terms and Conditions. Customer may not reverse engineer, decompile, disassemble, or circumvent technical limitations on the Product. Customer may not disable, modify or otherwise attempt to circumvent mechanisms designed to measure Customer's use of the Dature Service. Customer may not rent, lease, loan, lend, resell, transfer or host the Dature Service or any part thereof to or for the benefit of third parties, except as expressly permitted by the provisions of the applicable terms and conditions.
C. End Users
Customer shall exercise control over access to the Dature Service by End Users. In addition, Customer shall be fully responsible (as if for its own act or omission) for End Users' use of the Dature Service in a manner consistent with the Order and the Terms and Conditions. Neither Customer nor persons accessing the Dature Service through Customer shall be permitted to use the Dature Service:
I. in a manner inconsistent with the provisions of the law (laws, regulations), the terms of the Order and the Terms and Conditions;
II. in a manner that violates the rights of third parties;
III. to gain unauthorized access to or interfere with other services, devices, data, accounts or networks;
IV. for the purpose of sending spam or spreading malware;
V. in a manner that may be detrimental to the Dature Service or interfere with the use of the Dature Service by others;
VI. to act to the detriment of Smartstock.
Violation of the provisions contained in the Order or the Terms and Conditions may result in suspension of access to the Dature Service. Smartstock will only suspend access to the Dature Service to the extent and for the duration that it is reasonably necessary to do so. Unless Smartstock deems it necessary to suspend a particular Dature Service immediately, it will give reasonable advance notice of its intention to do so. The period of suspension shall last for the period of clarification of potential concerns.
D. Customer Data
Customer is solely responsible for all Data within its Account. Customer will ensure that Smartstock has all rights in the Data necessary for Smartstock to provide the Dature Service to Customer without infringing the rights of any third party and without otherwise imposing any obligations on Smartstock to Customer or any third party. Smartstock does not now or will not in the future assume any obligations with respect to Customer Data or Customer's use of the Dature Service other than those expressly set forth in the Order or the Terms and Conditions or required by law. Customer retains ownership of the Data necessary to use the Dature Service and grants Smartstock a limited, non-exclusive, non-transferable right to use, transmit and distribute the Data to provide the Service to Customer. Smartstock may use Customer Data to improve the Service, statistics and analysis, during and after the Service, at its sole discretion, as long as the Data disclosed does not identify the Customer. Customer Data may also be accessed by entities other than Smartstock, in particular, entities whose access rights derive from the Microsoft Cloud Contract or its provider in accordance with the terms and conditions established by Microsoft, as well as entities whose access to Customer Data is necessary to enable the provision of the Dature Service to the Customer.
E. Responsibility for Customer Accounts
Customer is fully responsible for maintaining the confidentiality of any classified credentials related to Customer's use of the Dature Service, including password and login. Customer must promptly notify Smartstock of any potential misuse of Customer's accounts or authentication credentials and any security breach related to the Dature Service. Customer assumes all risk of data deletion, unavailability and service interruptions resulting from circumstances for which Customer is responsible.
F. Administrative Portal
Customer will be able to add and remove End Users as described in the Product Documentation.
G. Common data catalogue
When a Customer orders the Dature Service using an e-mail address located in the domain of the organization with which it is associated, the Dature Service adds the Customer to a catalogue of users using the same e-mail domain. The Customer's data placed in the catalogue (name, date of enrollment and e-mail address) may be visible to other Dature Service users from the e-mail domain of the Customer's organization.
H. Evaluation (Familiarization) Versions
Smartstock may make Evaluation Versions of the Dature Service available. Evaluation Versions are provided “as is,” with all defects and as available, and are not covered by the Terms and Conditions, the Support Level or any limited warranties. The Preview Versions are not covered by Technical Support. Smartstock may, at any time and without notice, change or discontinue providing the Familiarization Versions.
I. Licensing of Dature Services
Customer must obtain and assign the appropriate subscription licenses (SL) required to use each Dature Service. Each User who accesses a Dature Service must have an SL assigned per User, unless otherwise specified in the Customer Order. Customer may not use any particular Dature Service after the SL relating to it has expired.
J. Technical conditions
All technical conditions that allow the Customer or End User to use the Dature Service are described in the Product Documentation.
K. Technical limitations
The Customer must comply with any technical limitations of the Dature Service as described in the Product Documentation provided, enforcing use only in a certain way. The Customer must not attempt to circumvent these limitations.
L. Changes and availability of the Dature Service
Smartstock may make changes to any Dature Service for commercial, functional or legal reasons. Smartstock may modify or terminate the Dature Service in any country where governmental authorities have imposed requirements on Smartstock that (1) are not generally applicable to companies operating in that country, (2) constitute circumstances that make it difficult for Smartstock to continue to provide the Dature Service without modification, or (3) lead Smartstock to believe that these provisions or the Dature Service may conflict with such requirements. If Smartstock terminates the Dature Service for reasons related to applicable regulations, Customers will receive a discount equal to the amount paid in advance for the period after the date of termination.
M. Compliance with the law
Smartstock shall not be responsible for compliance with any laws applicable to the Customer or the industry in which the Customer operates, nor for the Customer's use of the Dature Service as part of that business.
Smartstock does not determine whether Customer Data contains information subject to specific laws. The Customer shall comply with all laws applicable to its use of the Dature Service, including laws relating to privacy, personal data, data protection and maintaining the confidentiality of information transmitted.
It shall be the Customer's responsibility to determine whether the Dature Service is suitable for storing and processing information which is subject to any specific laws or regulations and to use the Dature Service in a manner consistent with its legal obligations. It is the Customer's responsibility to respond to any requests from third parties regarding the Customer's use of the Dature Service.
N. Professional Services
Any configuration, migration and implementation services of the Smartstock Services that are not covered by the Order or these Terms and Conditions require the conclusion of a separate Professional Services Contract.
O. Withdrawal of services and functions
3 months prior to the removal of any significant feature or the discontinuation of the service, Dature will notify the Customer of such step, unless faster removal is required for security, legal or system performance reasons. This does not apply to Evaluation Versions.
5. Acquisition of Services
A. Ordering the Dature Service
Acquisition of the service takes place on the basis of the Order accepted by the Customer. The Customer declares in advance that he/she has purchased the specific Products to be used during the Term and agrees to pay in accordance with the terms and conditions described in the Order.
For a limited period of time, the Customer may receive a limited Dature Service free of charge as part of the Subscription in Evaluation Version (so-called Limited Offer). In this case, the provisions regarding pricing, cancellation fees, payment and data storage may not apply.
B. Ordering
By ordering or renewing a Subscription to the Dature Service, the Customer agrees to the terms and conditions of the relevant Subscription as set forth in the Customer Assignment. Unless otherwise stated in the Customer Assignment, the Dature Service is offered ‘as available’. The Customer may place orders on behalf of its Affiliates and grant them the administrative rights necessary to manage the Subscription. However, Affiliates may not place Orders under this Contract. If the Customer grants any rights to an Affiliate in relation to the Subscription, the Affiliate shall become bound by the terms of use and the Customer shall be jointly and severally liable for all actions taken by the Affiliate in relation to the Customer's use of the Product.
Under certain offers, you may modify the number of Dature Services ordered during the Subscription Term. The additional number of Dature Services added to a Subscription will expire when that Subscription expires.
C. Pricing and payment
The provision of Dature Services is subject to payment. Payments are due and must be paid in accordance with the terms of the Customer Order.
The price level is determined by the Dature Services ordered and the applicable Price Formulae included in the Customer Order. Within certain offers, the number of Dature Services ordered during the Term may be modified, and the price level may also be adjusted accordingly.
Changes in price levels will not have retroactive effect. During the Subscription Period, the prices for the Dature Services relating to the Customer's Subscription will not increase compared with the prices stated in the Customer Assignment at the time the Subscription began. Exceptions to this are items with prices designated in the Customer Assignment as provisional and Evaluation Version. All prices and payment terms are subject to change at the beginning of each Subscription renewal period. Changes in prices and payment terms shall be communicated to the Customer prior to the expiry of the Subscription Period in the form of a new Customer Assignment for the next Subscription Period.
D. Prolongation
The Customer may declare in the Customer Assignment that the Subscription is automatically renewed for a subsequent Subscription Period. Failure to indicate in the Customer Assignment the option for automatic renewal will result in termination of the Subscription as of the expiry date of the Subscription Term stated in the Customer Assignment. The Customer may change this choice at any time during the Term, but no later than 14 days prior to the expiry date stated in the Customer Assignment. Prior to the expiry of the Period of Validity, Smartstock shall notify the Customer of the upcoming Expiry Date and transmit to the Customer an Order for a subsequent Period of Validity on the terms and conditions contained in the said Order.
In the case of a Restricted Offer, renewal may not be permitted.
E. Taxes
The Customer must pay any applicable value added taxes, sales taxes, income taxes or other transaction taxes, wages, fees, surcharges or statutory charges or similar amounts required in relation to the use of the Dature Service and which Smartstock may collect from the Customer under applicable law.
The Customer shall be fully responsible for any and all legal transaction taxes and other taxes required by law, including taxes related to the distribution or provision of the Products to the Customer's Affiliates.
6. Duration, suspension and termination
A. Duration and termination of the Contract
The Contract for the use of the Dature Services is valid for the period indicated on the Customer Order.
B. Termination of Subscription
If the Customer terminates the Subscription to the Dature Services during the Term, the terms of any refunds of payments made by the Customer shall not apply, and in the case of monthly payments the Customer shall pay the amounts due for the remainder of the Term in accordance with the Customer Order.
C. Restricted Offers
Smartstock may terminate the Limited Offer Subscription at any time during the Term with immediate effect and without notice.
D. Suspension of Service
Smartstock may suspend Customer's use of the Dature Services if:
I. there is a legitimate need to prevent unauthorised access to Customer Data;
II. Customer fails to respond within a reasonable time to a report of an alleged infringement of third party rights;
III. Customer fails to pay the amounts due under the terms of use of the Dature Service or;
IV. Customer violates other provisions of the Terms of Use or fails to comply with the rules listed in the Terms of Use;
In the case of Restricted Offers, the Subscription shall become inactive due to the Customer's failure to use the Dature Services as specified in the Customer Order. If one or more of the above conditions occur:
I. in the case of Restricted Offers - Smartstock may immediately suspend Customer's use of the Dature Services or Subscription and account without notice;
II. for all other Subscriptions, the suspension will apply to the smallest necessary portion of the Dature Services and only during the time that the circumstance or necessity exists.
Smartstock will notify the Customer in advance of the suspension unless, in Smartstock's opinion, there is a need for immediate suspension.
Smartstock will notify the Customer of a suspension due to non-payment at least 14 days before the suspension is implemented.
If the Customer does not fully remove the reasons for the suspension within 30 days from the date of suspension, Smartstock may terminate the Customer's Subscription and delete the Customer Data without retention period.
In addition, Smartstock may terminate a Customer's Subscription if the Customer's ability to use the Dature Services is suspended more than twice in any 12-month period.
In the event of suspension for the reasons referred to above or termination of the terms of service by Smartstock, the Customer is obliged to pay all payments in accordance with the Order - if not previously paid.
7. Guarantee and warranty
A. Limited warranty
Smartstock warrants that for the Term the Dature Service will perform substantially as described in the Product Documentation provided. If the Product fails to meet the terms of this warranty, Smartstock will, at its sole discretion, repair the Product.
In terms of the relevant service level, Smartsock will provide technical support to the Customer under the terms of the Technical Support Service Level Contract.
B. Exclusions of liability under the limited guarantee
This limited guarantee is subject to the following limitations:
I. liability for any implied warranty, guarantee or other assurance which cannot be excluded by law shall apply only for the Term;
II. does not cover problems caused by accident, abuse and use of the Products contrary to this Contract, the Terms and Conditions, the Order or the Product Documentation and instructions provided by Smartstock or events arising for reasons beyond Smartstock's control, e.g. interruption of the Customer's access to the Internet or service interruptions due to failure of third parties to fulfil their obligations;
III. does not apply to the Evaluation Versions or the Limited Offer.
C. Disclaimer of liability
Subject to this clause, Smartstock makes no express, implied, statutory or other warranties or guarantees, including warranties of merchantability or fitness for a particular purpose. The foregoing disclaimer shall not apply to the extent not permitted by applicable law.
8. Defence against claims
A. Defence
Smartstock undertakes to defend the Customer against all claims made by unaffiliated third parties for infringement by the Product of their patent, copyright or trademark rights or for the unlawful use of their trade secrets.
The Customer shall defend the interests of Smartstock against any claims made by unaffiliated third parties that the Customer Data, the Customer Solution, the Non-Smartstock Products or the services that the Customer makes available directly or indirectly in connection with the use of the Product infringes their patent, copyright or trademark rights or unlawfully uses their trade secrets or the claims arise from a violation of the Permitted Use Policy.
B. Restrictions
Smartstock's obligations set out in paragraph A above will not apply if the claim or court judgment is in respect of:
I. any Customer Solution, Customer Data, Non-Smartstock Products, modifications made by Customer to the Product, services or materials provided or made available by Customer in the use of the Product;
II. the Customer's combination of the Product with Customer Data or Non-Smartstock Product, data or business processes or compensation based on the value of such Customer Data, Non-Smartstock Product, data or business process;
III. the Customer's use of the Dature trademark without prior express written permission from Smartstock or the Customer's use of the Product after Smartstock has notified the Customer to cease such activities in connection with a third party claim;
IV. distribution of the Product by Customer to unaffiliated third parties or use of the Product for the benefit of such third parties; or
V. Products provided free of charge.
C. Privileges
If Smartstock reasonably believes that a claim under Section 8.B.i. above may result in Customer being prohibited from using the Product, then Smartstock:
I. obtain for the Customer the right to continue using the Product or
II. modify the Product or replace the Product with its functional equivalent, and then notify Customer to stop using the previous version of the Product. If the aforementioned options are not commercially reasonable, then Smartstock may terminate Customer's right to use the Product, and then refund Customer all advances paid for unused Subscription rights.
D. Obligations
In the event of the emergence of claims specified in the provisions of Section 8 of the Regulations, the Parties are obliged to immediately notify the other party.
The party seeking protection must give the other party exclusive control over the conduct of the defense and any settlement of the claim, and provide the other party with reasonable assistance required to conduct the defense of the claim.
The party providing protection shall reimburse the other party for reasonable out-of-pocket expenses resulting from the provision of such assistance and shall pay the amount resulting from an adverse final court judgment or settlement. The parties' respective defense rights and payments awarded or agreed upon (or from a settlement that the other party accepts) under this section shall supersede any indemnification rights or similar rights under state or common law. In addition, the parties waive the exercise of such rights under common or state law.
9. Limitation of Liability
It is important to remember that demand forecasting and inventory recommendation cannot accurately predict what will happen to Customer's business in the coming days, weeks, months or years - for this reason, Dature Services only provides estimates generated by algorithms implemented in Product.
Consequently, Smartstock does not guarantee the accuracy of the content provided by the Dature Service and shall not be liable for damages or losses of any kind arising out of or in any way related to the use of the Product, including generated recommendations and forecasts.
A. Limitation
The aggregate liability of each party for any claim arising out of the use or provision of the Dature Services shall be limited to the value of direct damages up to the maximum amount paid under this Contract for the Dature Services during the 12 months prior to the cause of action; provided that in no event shall the aggregate liability of any party for any Dature Services exceed the amount paid for such Dature Services during the Subscription Term.
Smartstock's liability for Products offered free of charge is limited to the value of compensation for direct damages in the maximum amount of PLN 1,000.00 (one thousand zlotys).
B. Disclaimer
Neither party shall be liable for loss of revenue or retaliatory, special or consequential damages, including but not limited to indirect, special, incidental or consequential damages, or for lost profits or revenues, business interruption or loss of business information, even if it has been advised of the possibility of their occurrence or they were reasonably foreseeable.
In addition, Smartstock does not assume any liability for damages arising in connection with:
I. the Customer's provision of incorrect data at the Order stage or during the use of the Dature Services;
II. use of the Services by the Customer or its End Users in a manner inconsistent with applicable law, the Regulations or accepted good morals in this regard, including for damages caused by the Customer's lack of adequate safeguards against interception of authorization data or the Customer's making such data available to unauthorized or untrustworthy persons;
III. inability to properly use the Dature Services due to technical limitations, including the speed of data transmission or malfunction of the device used by the End User;
IV. lack of access to the Services for reasons beyond Smartstock's control.
C. Exceptions to restrictions
The limitations of liability listed in this section shall apply to the maximum extent permitted by applicable law, but shall not apply to: (1) the parties' defense obligations or (2) infringement of the other party's intellectual property rights.
10. Security of data entrusted to Smartstock in connection with the provision of services under the Dature Services
A. Customer Data
The data necessary for the provision of the Dature Services remain the property of the Customer, who is their Administrator.
After 7 days from the termination of the Contract for Dature Services, the data entered by the Customer is irretrievably deleted, without the possibility of recovery.
B. User Data
Data concerning End Users using the Dature Services entered in the Account and enabling their identification will be stored by Smartstock in accordance with data protection regulations, in particular with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (hereinafter “GDPR”).
Users' data will be processed to the extent necessary to:
I. to grant access to the Dature Services on the basis of Article 6(1)(b) of the GDPR vis-à-vis the Contract for the use of the Dature Services for a period not exceeding the duration of the provision of services or the validity of the User's access rights;
II. handling complaints or establishing, asserting or defending claims - on the basis of Article 6(1)(f) GDPR, for the period of limitation of the relevant claims;
III. performance of legal obligations - on the basis of Article 6(1)(c) of the GDPR, for the period specified in the law;
IV. to compile statistics or improve the quality of services provided in accordance with Article 6(1)(f) of the GDPR for no longer than the duration of the services.
Customer is fully responsible for providing Smartstock with End User data and is obliged to notify individual Users using the Dature Services of Smartstock's processing of their data and the terms of use of the Dature Services. Provision of End User data is necessary to grant access to the Dature Service.
C. Access to data
In addition to Smartstock, data may also be accessed by third-party providers of software, networks, hosting and any service necessary to provide the Dature Services, to send information through the server for statistical purposes in order to offer the Customer or User better and more personalized features and navigation. Data may also be shared with entities other than those indicated above that have the right of access under applicable laws, such as public authorities.
D. Data security
All data stored by Smartstock is protected and secured from outside interference and from unauthorized internal access (i.e., from access by unauthorized Smartstock employees).
The data will be stored by Smartstock on servers equipped with professional voltage backup systems, and additional data backups will be made.
E. Rights of the End User against the processing of his/her data
The End User, in relation to the processing of data concerning him/her and which may constitute the subject of personal data protection, has the right to access the content of his/her data and the right to rectify, erase, limit processing, the right to data portability, the right to object, the right to withdraw consent at any time without affecting the legality of processing performed on the basis of consent before its withdrawal, as well as the right to lodge a complaint to the supervisory authority (in Poland to the President of the Office for Personal Data Protection).
11 Complaints
Any complaints regarding the provided Dature Services, may be submitted at the terms of support services or at:
I. e-mail address: biuro@dature.cloud
II. or in writing to the address of Smartstock (Królowej Jadwigi Street 43 61-871 Poznań).
The complaint notification should contain the data of the complainant to make it possible to contact him back, as well as an accurate description and indication of the reasons for the complaint.
In situations where the application is not covered by technical support will be processed by Smartstock within 14 days of receipt of the application.
12 Final provisions
A. Notifications to Parties
Notifications must be in writing, unless the terms of the Order or the Terms and Conditions permit another form. The date of delivery of the notification will be considered the date of receipt of correspondence at the address provided, the date of postal receipt, the date of e-mail or the date of receipt of courier mail or fax. Written notifications addressed to Smartstock should be sent to:
Smartstock Sp. z o.o.
Królowej Jadwigi St. 43
61-871 Poznań
e-mail: biuro@smartstock.cloud
Notifications to the Customer will be sent to the address specified by the Customer in the Customer Order as the contact address for sending notifications. Smartstock may send notifications and other information to Customer by email or other electronic form.
B. Transfers of rights and obligations
The Customer may not assign rights or obligations under this Contract in whole or in part or transfer licenses without Smartstock's consent.
The parties agree that Smartstock shall be entitled to transfer all or part, to the extent and at the time of its choice, of its rights and obligations to any third party, without any obligation to obtain any consent from Customer. Smartstock is obliged to inform the Customer in writing of the transfer of all or part of the rights and obligations under this Contract.
C. Disjunctive provisions
If any part of the Contract is declared unenforceable, the remaining provisions shall remain in force.
D. Waiver of provisions
Inability to comply with any provision of these terms of service of Dature does not constitute a waiver of the exercise of rights.
E. Lack of representation relationship
These Terms and Conditions do not lead to the establishment of a representative office, company or joint venture.
F. Third party rights
No third party is a beneficiary regarding the terms of use of the Dature Service.
G. Governing Law and Place of Dispute Resolution
The terms and conditions relating to Customer's use of the Dature Services shall be governed by the laws of Poland. Any disputes arising from the terms of use of the Dature Services shall be settled by a court of competent local and material jurisdiction over Smartstock.
H. Entire Contract
These Terms and Conditions as well as the Order and the other combined terms and conditions for the use of the Dature Services constitute the entire agreement on the subject matter of the Contract and supersede any past or current arrangements made in this regard. In the event of a conflict between the provisions of the documents listed in the Terms and Conditions, with respect to which the other provisions contained in these documents do not expressly indicate how they are to be resolved, these documents shall prevail in the following order: (1) these Terms and Conditions together with the Customer Order, (2) the Terms and Conditions for Technical Support Services, (3) the relevant Offer Details, and (4) any other documents mentioned in the Terms and Conditions or the Order.
I. Retention of force
The provisions of Sections 1, 4, 5.c, 5.e, 7, 8, 9, and 10 of these Terms and Conditions of the Contract will continue to apply even after the termination or expiration of the Dature Services Agreement.
J. Force Majeure
Neither party will be liable for any non-performance resulting from causes beyond the real control of that party (such as fire, explosion, electrical power failure, earthquake, flood, cloudburst, strike, embargo, negotiations between employer and employees, acts of governmental or military authorities, war, acts of terrorism, including cyber-terrorism, fortuitous events, acts or omissions of ICT network operators, acts or omissions of governmental bodies or administrative entities, including the enactment of a law or the establishment of regulations or other legislation affecting the provision of Dature Services). However, this section shall not apply to Customer's payment obligations.