Terms of Use the KRATOS system

(„Terms of Use“)

  1. INTRODUCTORY TERMS
    • These Terms of Use apply exclusively to using the KRATOS system („KRATOS “) 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 KRATOS, and the KRATOS user („User“).
    • The User is entitled to use KRATOS 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 KRATOS. 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 KRATOS 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 KRATOS and reimbursement of the entire damage resulting therefrom.
  1. Definitions
    • “KRATOS” 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 KRATOS 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 KRATOS 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 KRATOS 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 KRATOS 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 KRATOS.
    • “User Agreement” is an agreement on the delivery and the implementation of KRATOS, 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 KRATOS 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 Business Central is a prerequisite for installing KRATOS with the User. Installing KRATOS with the User is done in accordance with the extent of licensing rights to the Dynamics 365 Business Central that the User already has.
    • “Updating” / “Updates” means adding new functionalities or changes to the existing functionalities of KRATOS after installing KRATOS with the User, that are done solely at the Licensor’s discretion. The Licensor provides Updates to the User in accordance with these Terms and terms prescribed for using the Dynamics 365 Business Central by the Microsoft Corporation and a licensed distributor of the Dynamics 365 Business Central for Croatia.
    • “Fee” or “Fees” means both the compensation that the User pays to the Licensor for using the version of KRATOS determined by the User Agreement (“License fee”) and the compensation for using Updates (“Update Fee”)
    • “Personal data” is information defined as such by section 4. Of the REGULATION (EU) 2016/679 BY THE EUROPEAN PARLAMENT AND THE COUNCIL OF THE EUROPEAN UNION from 27th of April 2016 on the protection of individuals regarding processing personal data and free movement of such data, and on repealing Directive 95/46/EZ (“General data protection regulation”); and that the User delivered to the Licensor for processing purposes, as described in section 7. of Terms of use.
  1. Functionalities of KRATOS

 

KRATOS is an extension of the functionality of the Dynamics 365 Business Central, which is designed to work with permits and approvals for usage fee.

Whether you’re managing permits for water use, airways, driveways, special events, or construction projects for commercial or residential buildings, you benefit greatly from standardizing and automating your permit application, approval, and management processes.

Centralized Permitting Hub:

  • Permit application
  • Permit issuance
  • Permit inspection
  • Permit approvals
  • Permit invoicing
  • Payment processing
  • Permit log
  • Full audit trails

 

In KRATOS module Permission type is designed as a separate entity that user can create or customize existing one.

The set of all parameters that determine each type of permission is defined through the Permission Template.

The permission template has a validity period defined depending on the type of permission.

Permit Templates:

  • Configurable templates with specific data requirements for each type of permit
  • Configurable validation rules
  • Easy template selection

Integrations:

  • Integrates with existing permit application website
  • Integration whit GIS mapping

For each permission type (permission template), the MS Business Central and Microsoft Word permission visualization template with the specified substitutions is defined.

 

When printing, predefined substitutions are replaced with permission parameters and a PDF version of the permission is generated.

The whole KRATOS solution is run directly from the Dynamics 365 Business Central system, and the prices and information are imputed and modified in only one place by using existing data and calculations form the Dynamics 365 Business Central system, which removes the risk of incompatibility in data transfer.

In case that the specification of functionalities and other features supported by KRATOS is not contained in the User Agreement, the Licensor will deliver the set forth specification to the User based on the User’s written request. Licensor is entitled to change the functionalities of KRATOS at any time, on which the User will be notified in written form (e-mail) no later than 30 days from when the scheduled modification takes effect.

As an exception to the previous obligation, modifications that are not damaging to the User, the Licensor can apply without postponement and delivering a written notice to the User. Changes made to the functionalities of KRATOS are published on the website of the Licensor.

  1. Intellectual property rights
    • The Licensor is the sole holder of all intellectual property rights to KRATOS, which includes all functionalities, translations, instructions, user documentation and all other components of KRATOS and Updates. KRATOS is a registered trademark for computer applications and other products and services of the Licensor. The User is obliged to respect all copyright, intellectual and other related rights regarding KRATOS and Updates.
    • If not otherwise explicitly agreed upon in the User Agreement, by concluding the User Agreement and paying the Fee i.e., the first instalment of the Fee, the User gains non-exclusive, non-transferable and timely unlimited right to use KRATOS for its internal use, so as the right to use Updates during the first year of using KRATOS. If agreed upon by the User Agreement, using KRATOS by the User’s related legal persons, who have been stated as such in the User Agreement and in the extent determined by the User Agreement, falls under internal use.
    • The User is authorized to use KRATOS only if he/she possesses the adequate valid license issued by the Microsoft corporation, to use the Dynamics 365 Business Central.
    • The User is not authorised to interfere with the computer or program equipment of KRATOS and to change the manner of its use or operating. If the User causes a malfunction or interference in KRATOS’s functioning, the Licensor will remove them and charge a corresponding Fee to the User, in accordance to its current price list.
    • The User is especially prohibited:

– to use KRATOS in any other manner than stated in these Terms

– to develop backwards, decompile, expound or in any other manner independently reveal KRATOS source code or take any other actions that would infringe KRATOS intellectual property rights

– to take any other actions that could jeopardize, lessen or prevent using KRATOS by the Licensor or third persons.

4.6 The User guarantees that all End users are familiar with intellectual property rights related to KRATOS. In case that the User does activities of internal development or maintenance because of which the End users have the possibility of immediate access to KRATOS  program code, the User is obligated to ensure that all such End users sign a special statement by which they confirm that they are acquainted with intellectual property rights related to KRATOS and to pledge to honour those rights against the threat of compensating the whole ownership and non-ownership damages to the Licensor.

  1. Using KRATOS

5.1 The User has to fulfil technical and personnel conditions, which are necessary to efficiently and securely install and use KRATOS. Concerned conditions are contained in the User Agreement and/or in written instructions issued by the Licensor, and are delivered to the User before installing KRATOS or they are published on the web portal of the Licensor. They determine:

  1. Internet access
  2. Program and hardware equipment for using the internet
  3. Additional program equipment which is a prerequisite for using KRATOS and/or certain functionalities of KRATOS
  1. Valid licensing rights regarding the Dynamics 365 Business Central.

5.2 The User himself ensures requirements from section 5.1 of Terms. The Licensor does not guarantee installation or adequate and certain performance of KRATOS if the User does not meet requirements from 5.1 of Terms.

5.3 The Licensor will enable the User to use KRATOS after entering the User Agreement, paying the Fee and installing KRATOS on the User’s equipment. The Licensor will notify the User in written form on the executed installation of KRATOS on the User’s equipment.

5.4 The User is authorised to use KRATOS exclusively in accordance with the functionalities from section 3. of Terms. Any other utilization of KRATOS is prohibited.

5.5 The Licensor ensures a noninterrupted functioning of KRATOS, except in the following cases:

– When the User’s hardware or program equipment is not functioning or in any other case when the User does not fulfil requirements from section 5.1 of Terms.

– When there are interferences and obstructions in functioning of the Dynamics 365 Business Central, of the cloud services provider, telecommunication capacities, the system, other hardware or any other technical facilities of the User; especially included (not exempting other circumstances): interferences in the operator’s signal, interferences in the operator’s network or the User’s internal network, shortcomings in the service provided by the operator and or GPS signal and/or other resources and services the User uses for utilizing KRATOS (BT support, GPRS/3G support, GPS support, servers, internet connection, telephone operator, telephones and other)

– During the installation of Updates – some other force majeure.

5.6 The User gains the right to use Updates during the first year of using KRATOS only if it has the adequate valid licenses for using the Dynamics 365 Business Central. The first year of using KRATOS starts on the day the Licensor notified the User on the Installation i.e., the expansion of the Dynamics 365 Business Central license by KRATOS functionalities.

5.7 The right to use KRATOS and Updates (KRATOS updates) based on these Terms of use does not imply, nor includes nor gives the User the right on related implementation services free of charge, e.g., combining of source code, migration, adjustment, education, support, and other services, that could possibly be necessary in using KRATOS and/or Updates. The Licensor perform such services to the User in accordance with the User Agreement or another separate agreement.

5.8 The User has the right to modify KRATOS solely for personal needs and at its own risk, provided however that it has the adequate rights according to Microsoft’s licensing rights for the Dynamics 365 Business Central.

5.9 The User is obligated to deliver information on all the facts that directly affect using KRATOS and/or Updates and the Licensor’s rights based on these Terms, at the Licensor’s request.

  1. Fees and payments

6.1 The User pays Fees and all other payments to the Licensor in accordance with the terms stipulated by the User Agreement. Fees are paid once in advance, before the Installation, or monthly, as a subscription.

6.2 Unless otherwise stipulated by the User Agreement, Update fee (KRATOS updates) is paid in one instalment, after the first and every following year of usage, seven days at the latest before the end of the period for which the Update Fee had been paid for the previous year of usage.

6.3 If the amount of Fee and/or other payments is not stipulated by the User Agreement, payments are made in accordance with the Licensor’s current price list.

6.4 The User is entitled to notify the Licensor, in writing, on waiver of the right to use Updates (KRATOS updates) 30 days before the end of the first and every following year, at the latest; otherwise, the right to use Updates is extended for the following one-year period.

6.5 A User who waives its rights to further use of Updates (KRATOS updates) can exercise that right again provided that the unpaid Update Fee for the elapsed period is paid in advance, according to the pro rates principle, in the amount set by the bid or the current price list from the Licensor.

  1. Guarantees

7.1 Unless otherwise explicitly stipulated by the User Agreement, the Licensor is obliged to remove any possible hidden flaws in KRATOS program code, that appear within six months from the day the Licensor notified the User on the conducted expansion of the Dynamics 365 Business Central license by functionalities of KRATOS, in a reasonable deadline from the day the User notified the Licensor on the mentioned flaws and described them in enough detail so it is possible to identify a particular hidden flaw. The flaw will be corrected by installing a new version of KRATOS by the Licensor, without the considered flaw. The Licensor is not obliged to remove the flaw that appeared due to the User’s modifications of KRATOS or the installation of software form third persons.

  1. Responsibilities limitations

8.1 The User uses KRATOS on its own responsibility. The Licensor is not responsible for the regularity of KRATOS functionalities regarding processing data collected from the Dynamics 365 Business Central and/or other sources, for possible data loss related to using KRATOS. The User is obligated to take any necessary steps to check accuracy and completeness of data that are processed via KRATOS and to create a safety copy (back up) of all relevant data and reports.

8.2 The Licensor is responsible exclusively for regular and immediate property damages of the User, caused on purpose or by crude disregard from the Licensor. Licensor’s responsibility for property damages caused by common disregard, lost profit, non-property damage or any other type of immediate damage; is excluded. The total responsibility of the Licensor towards the User for any and all damage in terms of these Terms of Use is limited to the amount of Update Fee that the User paid for the last year of using Updates.

8.3 Based on these Terms, the Licensor is not responsible for the contents and/or performance of the Dynamics 365 Business Central and/or internet pages, products and/or services that have the possibility of connecting through KRATOS (hereinafter: Related systems). Based on these Terms, the Licensor is not authorised to change, update or confirm the contents of Related systems. The fact that the Licensor enables connecting to related systems is not relevant and can’t be deemed as permission, authorization, sponsorship or any other kind of connection between the Licensor and Related systems. The Licensor is not responsible for any kind property or non-property, direct or indirect, special, accidental or consequential damage (including, but not limited to lost profit, income, investments, name) caused by using any kind of content, products or services from Related systems or relying on them.

8.4 By using KRATOS, the User is not free from responsibilities prescribed by positive regulations including, but not limited to regulations that regulate internet sales; and holds exclusive responsibility for complying to all positive regulations in that regard.

  1. Personal data protection

9.1 With the purpose of complying to mutual rights and responsibilities regarding using KRATOS, the Licensor and the User exchange personal data when it is necessary for conducting services covered by these Terms, in a way that the Licensor, as the processing executor, on the User’s behalf, as the processing manager, conducts processing of personal data.

9.2 The Licensor will process Personal data only in accordance with the nature and the purpose of processing as it is stated in these Terms and written instructions from the processing Manager. The User has the right to change and/or add instructions for processing Personal data and will timely notify the Licensor on made changes.

9.3 The duration of processing is allowed and limited exclusively in the period from entering the User Agreement until the User’s rights to use Updates has expired, i.e. until fulfilling obligations from Terms, with the condition of adhering to prescribed storing deadlines.

9.4 The Licensor will process Personal data that are collected while installing and using KRATOS:

  1. a) the following types of personal data:

(1) name

(2) e-mail address

(3) cell phone number

(4) IP address

(5) other Personal data from buyers of User’s products through KRATOS, that have been delivered to the User for buying and selling purposes

  1. b) the ones that relate to: End users and buyers of User’s products through KRATOS
  2. c) with the purpose of: fulfilling mutual rights and obligations between the Licensor and the User that derive from using and Updating KRATOS and informing the User (e.g. about the performance and maintenance of KRATOS, about the products and services of the Licensor).

9.5 The Licensor ensures that Personal data is not and will not be reported or revealed to unauthorised third parties, except in circumstances when allowed by the General data protection regulation, by the law, by the User or based on a written compliance from the examinee.

9.6 The Licensor will notify the User if the data being accessed or processed is not in accordance with section7.4 of Terms, without delay and in written form.

9.7 The User is obligated to take the adequate technical and organizational measures to ensure and to prove that processing is done in accordance with the General data protection regulation and possesses the following rights and obligations:

– to give instructions to the Licensor in accordance with a legitimate legal basis for processing and principles of processing personal data from the General data protection regulation

– to take adequate measures in order to provide examinees the prescribed information regarding processing personal data that relate to them

– to take adequate measures in order to act in due time according to the examinee’s request with the purpose of fulfilling the examinee’s rights

9.8 The User is compliant and authorises the Licensor to use manufacturers which will carry out certain activities regarding processing Personal data from these Terms, under the condition that the manufacturers will during and regarding processing of Personal data fulfil all obligations form these Terms. Every manufacturer will take organizational and technical measures to ensure an adequate level of security in accordance with regulations on personal data protection. In case a manufacturer fails to fulfil its obligations regarding Personal data protection, the Licensor will answer to the User for the manufacturer’s failure to fulfil concerned obligations. The User explicitly agrees to the Licensor using manufacturers that he has concluded agreements with at the moment the User adheres to these Terms. The Licensor will notify the User on the intended addition or replacing a manufacturer, giving him the option of complaint. If the complaint is not reasonably justified and results in extra cost for the Licensor, the User is obligated to compensate the Licensor for the additional cost and agrees to accept all consequences that could appear regarding using and updating KRATOS.

9.9 The Licensor is obligated to:

– process Personal data according to prescribed instructions from the User and in accordance with Terms

– ensure that authorised persons for processing Personal data are acting in compliance with the User’s instructions and that they are committed to honouring confidentiality

– implement and conduct technical and organizational measures of safety in accordance with article 32. of General data protection regulation and these Terms

– to honour the prohibition of employing a manufacturer without a written permission from the User in accordance with article 28. section 2. and article 4. of General data protection regulation and the previous section 7.8 of these Terms

– to obey all other applicable conditions prescribed by the General data protection regulation regarding processing Personal data

– to help the User, however possible, in fulfilment of obligations regarding answering requests for realising the examinees’ rights

– help the User, however reasonable, in ensuring compatibility with obligations in accordance with articles 32. to 36. of the General data protection regulation

– enable the User to conduct supervision

– to inform the User on violation of Personal data

– erase or return Personal data to the User after completion of providing service regarding processing, by User’s choice

– cooperate with a supervisory body in performing its tasks.

9.10 The Licensor guarantees that he will conduct adequate technical and organizational measures to ensure the level of security in accordance with the GDPR and in proportion to risks related to processing Personal data, while fulfilling obligations from these Terms. The Licensor will do it in a way that ensures such protection that precludes accidental or illegal destruction, loss, modifications, unauthorised revealing of personal information or unauthorised access to personal information that were transferred, stored or otherwise processed. The Licensor will especially ensure the following technical and organizational measures:

– to ensure sufficient measures of physical safety for business spaces where devices and systems used for processing of Personal data are located, so they could be available only to authorised personnel

– regularly update all computers including laptops and mobile devices with the help of security program corrections issued by the manufacturer of the operative and applicative system

– implement adequate mechanisms with the purpose of protecting electronical mail and business applications from unauthorised access (unauthorised modifications, copying, erasing, forwarding and browsing)

– implement an identification and authorisation system for persons authorised to process personal data on all devices and systems used for processing personal data, where it is possible to unambiguously determine activities for each individual person (user name and password, i.e. a PIN for mobile devices)

– to avoid using unique user names and passwords for more authorised persons – to define and use strong passwords

– to use only authorised and properly licensed software on laptops and mobile devices

– to activate an antivirus system on all laptops and mobile devices

– to ensure that the antivirus system permanently works and that it is regularly updated with the latest updates according to manufacturer’s recommendations

– to additionally protect sensitive Personal data with a password (e.g. Excel or Word password) for external media (USB, CD, external hard drive etc.) while storing or encrypt with the help of some of the encrypting tools (e.g. 7zip, Bitlocker etc.) so they couldn’t be readable in case of unauthorised access if a loss or theft of external media occurs

– to prevent any unauthorised revealing of Personal data outside official spaces, but also any unauthorised sharing via physical media or by sharing via a network

– to ensure preliminarily that all Personal data is permanently and irreversibly erased when writing-off or ecologically destroying computers and computer equipment, using some of the tools for secure erasing or by physical destruction

– to preclude access to spaces, equipment or systems immediately after the termination of working/contractual relationship with a person that conducted the processing of Personal data.

9.11. While performing its tasks and obligations, the Licensor collaborates with the User’s official for data protection if there is one, or otherwise with a person authorised by the User and of which the User has notified the Licensor in written form.

9.12 The Licensor guarantees that Personal data is not transferred to countries outside The European Economic Area. In case there is a need for the Licensor to transfer personal data to countries outside the European Economic Area, he will notify the User immediately. In the afore mentioned instance, the Licensor will ensure that the transfer of personal data is in accordance with the appropriate safety measures prescribed in the binding regulations that regulate the area of Personal data protection and in that case, the Licensor will sign the Standard contract clauses of the European commission that will be valid at that point.

9.13 The Licensor and the User are mutually responsible for the compensation of damage that would occur because of violating obligations form section 7. of Terms.

  1. The validity and amendments of Terms

10.1 These Terms are valid since 21st of September 2021.

10.2 The Licensor publishes Terms and amendments of Terms on the web portal of the Licensor (www.4app.hr) where it is not possible to download Terms in a printable form. Amendments of Terms are published on the Licensor’s web portal 8 (eight) days at the least before they take effect.

10.3 The User is authorised to ask the Licensor to be granted access to Terms that were in affect for a certain time period and are no longer in affect, if they regard the period during which the User was obligated to act according to Terms.

  1. Final regulations

11.1 For interpreting Terms, as well as in case of a certain issue not being regulated by Terms, the regulations of the Republic of Croatia are applied. The use of United Nations Convention on Contracts for the International Sales of Goods (CISG) is excluded.

11.2 Zagreb court is responsible for the resolution of any disputes derived from these Terms, including the dispute regarding the interpretation of these Terms, with the application of Croatian laws.

11.3 These Terms are composed in English and in Croatian language. The Croatian version is applicable in case of any discrepancies between the Croatian and the English version of Terms.