Terms of Use the KYRA system

(„Terms of Use“)

  1. INTRODUCTORY TERMS
    • These Terms of Use apply exclusively to using the KYRA system („KYRA “) as a software solution for planning and budget accounting, which is developed for the Microsoft Dynamics 365 Business Central system, and regulate the mutual relationship between 4APP SOLUTION d.o.o., Drage Gervaisa 30, Zagreb, OIB: 18278836636 („Licensor“), as developer and seller of KYRA, and the KYRA user („User“).
    • The User is entitled to use KYRA based on the contract with the Licensor (“User Agreement”), according to which he/she accepts terms and conditions of use in accordance with these Terms of Use.
    • These Terms of Use and the User Agreement constitute an entire agreement between the Licensor and the User regarding the usage of KYRA. If the terms and conditions stipulated by the User Agreement differ from the terms and conditions set forth by this Terms of Use, the provisions of the Terms of Use which have not been specifically changed by the User Agreement shall continue to have the same effect and applicability.
    • Unauthorized use of KYRA and/or usage contrary to the User Agreement or Terms of Use, constitutes a violation of the Licensor’s rights, including violation of copyright and similar rights, which authorizes the Licensor to take all necessary legal actions, including termination of the User Agreement, disabling the use of KYRA and reimbursement of the entire damage resulting therefrom.
  1. Definitions
    • “KYRA” is an application software, including all functionalities, instructions and user documentation issued by the Licensor, existing at the moment of entering the User Agreement, for KYRA between legal entities which use the Microsoft Dynamics 365 Business Central (“Dynamics 365 Business Central”) and whose only and exclusive author, rights holder, owner, and inventor is the Licensor. Functionalities of KYRA are set forth in section 3. of the Terms of Use and by particular the User Agreement.
    • “Installation” means all services the Licensor provides to the User for the purpose of enabling the User to use KYRA in accordance with the Terms of Use and the User Agreement.
    • “User” means a legal person, a trade owner, sole trader or another business subject, that entered the User Agreement with the Licensor and thereby agreed to these Terms of Use, and with a User related legal person/sole trader/ trades/other business subject as to whose benefit is the use of KYRA explicitly stipulated by the User Agreement.
    • “End user” is a physical person, employed by the User or is in another business relation with the User, which uses KYRA.
    • “User Agreement” is an agreement on the delivery and the implementation of KYRA, that is concluded between the Licensor and the User and whose integral part are these Terms of Use. For the avoidance of any doubt, the User’s written acceptance of the Licensor’s bid, User’s order form and other similar written requirements from the User, whose acceptance signifies the obligation of the Licensor to cede the rights to using KYRA in accordance with Terms of use; all fall under the User Agreement.
    • “Microsoft Dynamics 365 Business Central” or “Dynamics 365 Business Central” is a software developed by the Microsoft corporation, including all functionalities, program code, instructions, user documentation and versions of the set forth software issued by the Microsoft corporation as a Licensor, according to the condition now of entering the User Agreement. User’s valid licence for using The Dynamics 365