Date of last update: May 2020
Thank you for using our products and services („Services”).
By using our Services you agree with these Terms and Conditions. Please read them carefully. These Terms and Conditions shall prevail over any contradictory documents and/or clauses issued by the company. For the avoidance of any doubt, “the company” shall mean the beneficiary of the Mirro app that buys the application considering these Terms and Conditions.
You must comply with all the policies made available under the Services.
Do not use our Services in an inadequate manner. For instance, do not try to influence the Services or access them in a different manner than the interface and instructions offered by ZITEC or through its approved distributors. You may use our Services only in accordance with the applicable law, including the laws and regulations governing control of exports and re-exports. We may interrupt or terminate the supply of Services to you if the Terms and Conditions and our policies are not met or if we investigate an alleged misbehavior.
In a nutshell, about us and Mirro app
www.mirro.io (the “Website”) is owned and operated by ZITEC COM S.R.L., J40/7701/2003, CUI 15496736, with its head office in 165 Splaiul Unirii, TN02 Building, 6th floor, 3rd District, Bucharest, www.zitec.com, hereby represented by its Director Mr. Alexandru Cătălin Lăpușan (“Zitec”)
Zitec is the software developer of Mirro app.
Moreover, Zitec is the holder of all the intellectual property rights on the Mirro app (including but not limited to Mirro trademark, logos, source-code and object, Website design and interface of the app, the content of the Website etc. – including their updates, text, graphics, button icons, images, audio clips, software).
The use of our Services shall grant you no intellectual property right over such Services or the content you may access. You don’t have the right to use the content of our Services, except if permission from the owner of the content has been obtained or if it is allowed by law. These Terms and conditions shall not grant you any right of use over the trademark or logo concerning the Services. Do not delete, hide or modify any legal information indicated in relation or together with the Services.
Regarding the use of Services by you, we may send notices relating to our services, administrative messages and other information. You may dispense with some of these communications.
Some of our Services are available on mobile devices. Don’t use these Services in a way which can provide a distraction and prevent you to respect traffic or safety laws.
In order to use the Services, it is necessary to create a Mirro Account. The Mirro Account can be awarded by an administrator designated by the company or by an administrator designated by an authorized distributor. If you use a Mirro Account awarded by an administrator designated by an authorized distributor, different or additional Terms and Conditions may be applied and the the respective administrator may be entitled to access and disable your account. The company has the right to add in the Mirro app several users with various access rights – fully or partially – in the account and, moreover, it can delegate its attributions to one or several users.
Mirro app may be accessed and used exclusively via the online platform https://app.mirro.io/, by acquiring a non-exclusive annual user license and based on an user account that can be accessed by a user name and password.
To protect your Mirro Account, you need to keep you password confidential. You bear the overall responsibility for the activity conducted within or through the Mirro Account. Do not try to re-use the Mirro Account password for other third-party applications. If you find out about any unauthorized use of your Mirro password or Account, we kindly ask you to change your access data and notify this issue by email at [email protected] as soon as possible.
All Mirro app prices are available and can be accessed here https://mirro.io/pricing.
If you have any questions or suggestions, you can write to us at [email protected]
Important! If you acquire a license from Zitec, from a distributor authorized by Zitec (Please find the list of the authorized distributors at the end at this text) or from a sub-distributor of their network, the agreement you have concluded shall be supplemented by these Terms. In the last two cases, Zitec shall be deemed as a third party towards the agreement you have signed with the (sub)-distributor and shall disclaim any responsibility regarding the contractual relationship between you and that (sub)-distributor.
We suggest that you save or print the Terms, in the event you will not be able to access them subsequently.
We reserve the right at any time in the future to amend these Terms in order to reflect any regulatory updates or changes in the commercial and marketing policy of Zitec. That new version will be marked with *NEW. Upon return to our website, please check the date of the last update and any amendments.
How to use the Mirro app?
Mirro app has been designed as a Software as a Service (SaaS) and is hosted by Microsoft Azure cloud computing platform. The app runs directly in the web browser and you are not required to install it or store it on the user’s server or computer.
After accepting these Terms and Conditions, in a moment established by common consent between Zitec and the company, Zitec will instruct, in a single training session, in a reasonable and free manner, the company designated employee regarding the functionalities of the Mirro app, its use, including regarding the configuration, the initial data import and the initial work flow instructions. If requested by the company, Zitec can additionally assist, for a supplementary cost, with other training sessions.
Each company (the licensee) shall establish internally which employees shall be permitted to use the app as users.
In order to grant them access to the app, Zitec shall create one or more admin accounts for each company, to allow them to authenticate using the app.mirro.io platform login. For that purpose, your organization shall submit a list of names and email addresses of those users. The use is nominal and cannot be transferred to unauthorized persons. A single user per company will be set as company admin by Zitec. Only where applicable, modifying that user will be operated by the Mirro administrators no later than 3 (three) working days after receiving an email to that purpose.
Anytime during the cooperation between Zitec and the company, the latter will be able to add more users associated to their organization and identified by company email address. An active user’s account during a month will be considered active at the beginning of the said month, consequently, the price per active user account will be invoiced fully no matter the time the user’s account was activated.
If required and applicable, Zitec will issue settlement invoices in order to mitigate differences in the number of accounts estimated upon accepting these Terms and Conditions versus the actual number of active users at different points in time. Zitec shall issue the settlement invoice at the end of every relevant month and every such invoice shall be paid with the 7 (seven) calendar days term calculated from invoice issuance. Failure to pay any invoice on the due date will bring forth the obligation of the company to pay a penalty in the amount of 0.2% of the amount due for each calendar day delayed, and will cancel any discounts included in the calculation of these amounts.
The company understands and accepts the fact that – at the time the License is renewed – the payment plan and the price relating to the License for the application for which it has initially opted, it can be amended.
Certain Services will allow the company to upload, send, store or receive content. You will keep all the intellectual property rights owned on that content. In short, everything that belongs to you shall remain your property.
The company (the licensee) shall gain the right to access and use the application, according to the functionalities available at the time.
The application can be accessed through the intermediation of a web-browser and requires internet access on all the devices used by the company. These devices, the functionality and their maintenance as well as the existence or quality of the internet connection are the exclusive responsibility of the company.
The company shall gain also the right to access and use the interface of the Open Application Programming Interface type (“Open API Mirro”) of the application, in order to integrate its own software applications with Mirro.
The company shall answer for any third party to whom it grants access to the Application or Open API with (“Company representatives”). In this regard, the company will insure that any such company representative complies with all these Terms and Conditions. The company shall be liable towards Zitec for any breach of these Terms and Conditions produced by any company representative, any affiliates, contractors, partners, etc.
The license is non-exclusive, limited, non-transferable and valid in all the geographic territories. The license granted by Zitec terminate if the company does not comply with these Terms and Condotions.
Except for the usage license, all the intellectual property rights or of any another nature relating to the Mirro app are of and remain with Zitec.
The company is prohibited to undertake any action exceeding the domain of the granted licence or any action which might affect Zitec’s rights, such as:
The personal, global, royalty-free, non-transferable and non-exclusive license to use the software programis solely intended to allow the company to use and enjoy the benefits of Mirro app, and as permitted under these Terms and Conditions.
We are constantly amending and improving Mirro app, therefore . we may add or delete functionalities or functions.
You can stop using Mirro app, by sending us a 60 (sixty) day prior written notice. Any due amount until Mirro app usage cancelation shall be invoiced by Zitec and paid by the company within 5 (five) days from invoice date.
Any liability of Zitec for any breach of the rules applicable to the documents the company manages via the Mirro app, shall be excluded.
Zitec reserves the right to take any necessary measure to prevent or stop infringement of these Terms and Conditions and the misuse of Mirro app, including to maintain all the information deemed reasonably necessary on how the Mirro app is being accessed or used, such as, but not limited to, the internet address from where the Mirro app is accessed, the users performing a certain operation, date and time of that operation.
Safety and Protection of personal data
Personal data processing: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
the company shall act as “Controller” and Zitec shall act as “Processor”, according to (EU) Regulation 2016/679 regarding the protection of the individuals in relation to the processing of personal data and on the free movement of such data (hereinafter ”GDPR”), as well as any subsequent national legislation relating to the personal data protection domain.
Processing object: personal data transmitted by Controller to Processor for the purpose of supplying the services.
Transmitted data: The personal data placed at disposal of the Processor by the Controller are:
Categories of data subject:
Specific instructions: Controller grants the following specific instructions to Processor:
Processing duration: The personal data processing duration is identical with the duration of the cooperation between the company and Zitec.
Processing nature and purpose: The processing nature and purpose are those established by Controller and namely the supply of Zitec services for Mirro app, according to the purchased service pack. Personal data are stored in safety conditions on servers belonging or agreed upon by Zitec. The personal data access will be made incidental by Zitec, when providing technical maintenance services for the infrastructure hosting the Mirro app.
Sub-proxies: If the processing of the Controller’s data or certain parts of the processing are carried out by Processor via third parties, hereinafter sub-proxies, they shall comply with the following principles:
Processing safety: The Processor has the following organisational and technical security measures for the personal data security, considering the type of activity provided:
Zitec shall put all reasonable efforts to ensure the confidentiality of personal data and will take reasonable security steps for its protection, according to the law. Zitec will be able to divulge this data, without the consent of the company based on a final resolution or based on an order issued by a court of law or by a competent authority.
Zitec will delete or return all the personal data, if requested so by the company, after the termination of the cooperation, and will eliminate the copies of the data and personal files existing, except for the case in which the legislation applied imposes the storing of the personal data. In case the company does not mention precisely the intention to return the personal data upon the termination of using Mirro app, Zitec will be able to delete them.
Controller has the right to verify (directly or via a third person, such as consultant, lawyer etc.) Processor’s compliance with these obligations, in a reasonable and efficient manner, priorly agreed with the Processor.
The personal data processing operations are carried out by Processor, in the name and on behalf of the Controller, according to the instructions documented by Controller. The Controller will have the right to revoke, fully or partially this power of attorney, in any moment via a notification sent in this regard to Processor.
If necessary, Processor will take the necessary technical and organisational measures in order to offer reasonable assistance to Controller so that data subjects can exercise the rights granted by applicable legislation.
Processor shall offer reasonable assistance to Controller for complying with the obligations foreseen in the (EU) Regulation (UE) 2016/679 of the European Parliament and Council dated 27th April 2016 regarding the protection of the individuals regarding personal data processing and regarding the free movement of such data and the abrogation of the Directive 95/46/CE (General regulation regarding data protection or GDPR), especially those foreseen in art. 32-36 of the GDPR.
For the avoidance of any doubt, Controller shall be held liable for any processing of personal data carried out via the Mirro app (for instance, but not limited to introductions made in Mirro app, by the users, of the names and addresses of individuals requesting services, answers, etc. from Controller).
Therefore, the company (and not Zitec) shall be held responsible for meeting any and all obligations imposed on data controllers under the applicable law (for instance, notification to competent authority, internal technical and organizational measures to ensure the security of the data processed by the company, etc.). Zitec cannot be held liable for the way in which such data is used via the Mirro app.
The company is the owner of your own data, and preserving the access to such data is key. The company undertakes to fully comply with the provisions related to the authorship and personal data protection regarding the data introduced within Mirro app.
Policies for carrying out safety copies and data recovery
In case the company complains in writing, to Zitec, about the malfunctioning or a technical issue regarding any element of the Mirro app (offering an adequate description of the defects and notifying the defect via email at [email protected]), Zitec will remedy in the shortest time possible any defect or malfunction which appeared exclusively due to the direct fault of Zitec.
Zitec is not responsible for the defects which appeared outside the normal use of the Mirro app or imputable to the company. For the purposes of a better understanding, the normal usage of Mirro app will represent the normal usage of the application according to the usage instructions offered by Zitec at any time, complying with these terms and conditions.
Zitec reserves the right to stop the normal functioning of Mirro app, preferably outside the regular program hours of the company, in order to carry out the maintenance operations which Zitec considers necessary. The maintenance planned operations will be announced to your organization at least 48 hours before being carried out.
Disable the user account
Upon termination of the acquired annual license, Zitec shall disable the user accounts and you may no longer use the Mirro app (unless the license was renewed under the conditions applicable at the time of the renewal).
Zitec reserves the right to suspend or disable the user accounts: (a) if these Terms and Conditions are infringed, (b) if the applicable law or the competent authorities or courts require / impose it (c) if we have decided to withdraw the Mirro app from the market at the end of the licensing period or d) due to payment failure. If the company does not pay any of the amounts on the due date, Zitec can suspend the services, without affecting any reparation manner according to law, after a prior notification to the company with at least 5 working days before such a suspension. Zitec may not be held liable towards the company for these decisions.
The services of Mirro app will not be available during the suspension. The validity of using Mirro app is automatically extended with the duration of the suspension.
As any other type of SaaS application hosted in the cloud, the Mirro app may not be fully operational all the time. Even if we cannot guarantee that it will always operate uninterrupted and without errors, we shall use our best endeavours to improve and remedy any technical deficiencies within a reasonable period.
Zitec does not take responsibility for any technical deficiencies or other unforeseeable events beyond our control or for situations not caused by our fault and which may prevent us from granting access to the Mirro app (for instance, for force majeure or unforeseeable circumstances).
To the maximum extent allowed by law, Zitec (including any director, administrator, shareholder, employee or collaborator of Zitec) cannot be held responsible for indirect damages related to the use of the Mirro app by the company (including, but not limited to, loss, destruction or theft of data, inadequate processing of personal data of data subjects by the Mirro app users and the licensees, loss of profits, etc.). In all cases, the full liability of Zitec regarding these Terms and the use of the Mirro App will be limited to the value of the licence price relating to the last 2 contractual months before the loss/claim/damage took place. This limitation applies also to the directors, administrators, shareholders, employees and collaborators of Zitec. Zitec and its distributors shall in no case be responsible for any loss or damage which cannot reasonably be predicted.
The company will manage and use on its own liability the Mirro app, being responsible for the type, legality and content of any data, information, database, etc. transmitted, hosted, created and developed within Mirro app or communicated in any manner to Zitec – including, but without limiting to the breach of some third party intellectual property rights, illegal use and use without consent of the personal data of other individuals, illegal content etc. The company remains at any time the proprietor of any data, information, database exclusively transmitted, hosted, created and developed by you within the Mirro app.
By accepting these Terms and Conditions, you are expressly accepting also that for any other damages you shall address strictly and directly the distributor with whom you have concluded the Mirro app licensing agreement.
These Terms and Conditions shall govern the relationship between Zitec and the company. These Terms and Conditions shall not create any rights for the third-party beneficiaries.
The company is responsible for the way in which its authorized employees are using the annual license and the Mirro app (and implicitly for any violation of the Terms and Conditions).
Other useful information
We reserve the right to make amendments, to add new technical functionalities and new modules to the Mirro App – at any time. Moreover, we can suspend the https://app.mirro.io Website and platform for maintenance or for any other technical reasons, without being held liable towards you for any damages caused by such measures. Such operations are to be scheduled – as far as possible – outside normal working hours to ensure your activity is not harmed and shall be announced in advance.
Zitec may, at its choice, waive any of its rights or obligations on the Mirro app – whether in the context of a purchase, business or assets sales or any other type of transaction regarding the Mirro app.
These Terms and Conditions are governed by and will be construed according to the Romanian legislation.
Please read these Terms and Conditions carefully! The use of the Mirro app shall imply express and full acceptance of these Terms and Conditions (and, especially, of those clauses regarding the deactivation of the user account and Zitec liability).