In these terms of service, the following concepts shall have the meaning described in this article.
|Access Rights||All contractual rights to access, receive and use the Services according to the technical protocols and procedures established by Fullsight pursuant to the agreement between parties|
|Additional Service(s)||All features – of which an overview can be find on the Website – the Customer can order in addition to the Basic Package|
|Administrator||the user who is responsible for the Administrator Account|
|Administrator Account||The user account of the Customer, which can solely be accessed and used by the Administrator and through which the Administrator shall be able to (1) use the Tool, App and Services in accordance with Customer’s order, (2) change the configuration settings (including but not limited to adding additional Services or features) and (3) creating additional accounts for Users|
|Package||The services the Customer can make use of through the Tool and which may be subject to change in the future: time registration, CRM and offers, lead management and agenda management|
|Communication||Any communication sent by Fullsight via email at regular times concerning Services-related announcements, administrative e-mails and newsletters|
|Customer||Every natural person or legal entity, as well as anyone who orders the Services from Fullsight and/or enters into an agreement with Fullsight in the name of or on behalf of this legal entity. Every natural person is considered to be at least 18 years of age|
|Customer Data||Any and all content, information and data – including personal data – pertaining to prospects, business partners, clients and/or customers of the Customer (non-limitative) entered and uploaded into the Tool and/or App by the Customer by using the Services|
|Demo||The demo version of the Tool, which allows the Customer, before entering into an agreement with Fullsight, to make use of the Tool, App and Services during a term of 14 calendar days|
|Documentation||Any documentation provided by Fullsight regarding the Tool, App and Services as well as the Website and including any documentation, tutorials or other available on the Website|
|Privacy Statement||The privacy statement of Fullsight as available on (www.)|
|Services||The online services which facilitate online management and cooperation, and consist among other things of a CRM system, agenda, quotation management, API, project planning module, invoicing module, ticketing and Voice-over-IP|
|Fullsight||The limited company “Fullsight”, with its registered office at Ponte S. Paio 13, 3400-708 São Paio de Gramaços, Portugal, VAT PT 514 746 980|
|Indemnitee||Every Fullsight officer, director, partner, employee and affiliate|
|Term||The initial or renewed term, during which the Customer can make use of the Tool, App and Services, as selected by the Customer when ordering the Services|
|Tool||The online application, developed by Fullsight|
|User||Any user of the Customer, other than the Administrator, for whom the Customer has also ordered a User Account|
|User Account||The user account, which can be accessed by an User through his/her personal login in order to make use of the he Tool, App and Services|
|Website||https://www.fullsight.io/ and every Fullsight website of the country in which Fullsight operates|
Fullsight developed and offers a Tool for recruitment and outsourcing services, where integrations can be made with other tools. This Tool offers an integration of various Services that ensure a more efficient administration of its Customers.
Every commercial relationship between Fullsight and the Customer shall be governed by the terms of service described in this document.
By using our Services or entering into an agreement with Fullsight – including scheduling a Demo – the Customer acknowledges to have read these terms of service as well as the data processing agreement, accepts both.
Fullsight’s failure to practice any right may only be construed as a toleration of a particular situation and shouldn’t be seen as a loss of their rights.
These terms of service shall not affect the mandatory legal rights granted to the consumer-Customer under the consumer protection Portuguese legislation.
Fullsight reserves the right to change its terms of service whenever it wishes to do so by a change on its Website. Fullsight will notify its Customers of any change through its Website or throught the Fullsight communication.
These terms of service must be read with Fullsight’s Privacy Declaration and may at all times be consulted on the Website.
Each potential Customer will be given the opportunity to use the free Fullsight Demo, upon request via the Website. After the request, the potential Customer will receive an email containing the needed account information.
The use of the Demo will automatically be disabled after 14 days since the online registration.
Each potential Customer will be given the opportunity to use the free Fullsight Demo, upon request via the Website. After the request, the potential Customer will receive an email containing the needed account information.
The use of the Demo will automatically be disabled after 14 days since the online registration.
Active Administrator Account
In case the Customer has used the Demo and still has an active Administrator Account, the Services can be ordered through his/her account, by visiting the subscription section on settings page, on the condition that the Customer provides at least the following information:
An agreement shall only become effective following an electronic confirmation of the order or upon the moment Fullsight makes the Services available to the Customer.
The Customer represents and guarantees that all submitted information is complete, truthful and accurate and will maintain the accuracy of such information.
At all times, Fullsight shall be entitled to request additional information about the Customer. In absence of communication thereof, case of doubts by Fullsight of the identity of the Customer or case there are indications that the Customer intends to resell the Services himself, Fullsight is entitled to refuse performance of the order or to suspend it. A refusal to provide the Services will never entitle the Customer to receive any form of compensation or damages.
Any changes or additions to the Agreement after the Administrator Account (and additional User Account(s)) have been provided will only be considered valid after written approval of and implementation by Fullsight.
Following conclusion of the agreement, the Customer shall be granted access to the Tool and its features, which is provided as ‘Software as a Service (SaaS)’. This right of access implies a non-exclusive and non-transferable right to use the Tool and its features.
Providing the Administrator Account to the Customer will be considered a delivery of the Tool and its features.
Upon delivery, the Customer is obliged to carry out an initial verification that involves information like the number of Users, the desired solutions, and the type of desired payment method. The Customer is obliged to inform Fullsight within 48 hours following delivery of any non-conformity through the Support Team.
If no complaints are made within a 48-hour timeframe, the Customer is considered to have approved and accepted the delivery.
The Customer shall be able to access the Tool and its features as well as make use of the Services through the Administrator Account and the additional User Accounts.
The Administrator is responsible for every use and activity of the Administrator Account.
The amount of User Accounts corresponds are defined by the Customer, and each User has its own User Account. The Administrator determines the extent of the rights of each User Account, and is always responsible for every use of these User Accounts.
Each User Account (including the Administrator Account) belongs to one person only and cannot be shared with other people. Each User (including the Administrator) is advised to create a unique password and to change it frequently.
The Customer is responsible for the protection and security of the Administration Account and the User Accounts. This means that all Users must ensure the confidentiality of their respective account, including the confidentiality of the login-data such as the password. Consequently, they may not even disclose their login-data to Fullsight (for instance, when in conversation with Fullsight’s helpdesk, in case of any assistance). Each loss or misuse of this login-data might lead to liability towards Fullsight.
Therefore, it is strictly forbidden to:
The Customer must immediately penalize or sanction any improper and unauthorized use, and immediately inform Fullsight (in writing form) of any controversial registration he/she notices.
A well-reasoned and founded notification of improper and unauthorized use of Fullsight can lead to temporary and/or perpetual suspension and/or removal of any Account. In any event, Fullsight will not be responsible for any loss or damage arising from Customer’s failure to comply with the above requirements.
Every Customer has the right of a withdrawal regarding products and/or services purchased through the Internet, by email or phone.
However, the delivery of the Services – being the delivery of digital content, which is not delivered on a tangible medium – is to be considered an exception to the right of withdrawal since the Customer previously expressly agreed to the start of the Services, as well as acknowledged that he/she is no longer be entitled to use his/her right of withdrawal. Therefore, the Customer is no longer entitled to a right of withdrawal with regard to the Services ordered through the Demo.
Fullsight offers every Customer the possibility, prior to entering into the agreement with Fullsight, to use the Demo. By offering the Demo, Fullsight is offering more than it is required to by law.
Professional Customers shall under no circumstances have a right of withdrawal.
Customizable packages are offered by Fullsight at a fixed price as listed on the Website.
The prices are expressed in euros and exclusive of VAT, unless when specifically determined otherwise.
Under no circumstances Fullsight guarantees that it will maintain its prices for a fixed period, since the values will depend on the market structure. Fullsight also does not guarantee that it will maintain the same prices in every country in which it is active in. This far, as the prices are based on wage costs, costs of components/parts, social security contributions and government levies, insurance premiums, costs of materials, exchange rates and/or other costs, Fullsight shall, in the event of an increase of one or more of these price factors, be entitled to increase its prices accordingly in accordance with the legally permitted standards.
In the event of an increase of its prices, Fullsight is responsible for notifying its existing Customers through the Fullsight Communication channels, at least one month prior to the application of the new prices.
Any commercial discounts on the standard prices that are granted orally must be confirmed in writing (e.g. on the corresponding invoice) to be considered valid. The Customer acknowledges that these discounts are only applicable in accordance with the guidelines and conditions expressly stated in this regard. Any other practice to the contrary shall be regarded as a commercial gesture and shall only apply as long as it is not revoked by Fullsight. Discounts (as well as any other promotional gifts) cannot be accumulated, are personal by nature and can never give acquired rights.
The Customer is allegeble to order one or more Additional Services and/or User Accounts during the Term via the upgrade functionality in the app, and additional fees will be charged, according to each Additional Service and/or User Account.
Each Additional Services and/or User Accounts requested by the Customer will be immediately activated and shall be charged on a pro rata basis, taking into account the remainder of the current Term during which the Customer will be able to use the additional Services and/or User Accounts.
The Additional Services and User Accounts are offered at the fixed prices listed on the Website.
The Customer is free to cease the use of one or more Additional Services as well as to reduce the number of User Accounts during the Term. A notice needs to be given at the latest 15 days before the renewal date. If the notification is communicated too late, Fullsight is entitled to invoice the Customer for the Additional Services and/or User Accounts concerned for the entire following Term, even if the Customer no longer uses them.
Any downgrades shall only be implemented at the renewal date. Therefore, the Customer is not entitled to any reimbursement for any non-usage of these Additional Services and/or User Accounts during the initially agreed Term.
By ordering the Services, the Customer expressly agrees to electronic invoicing by Fullsight, unless agreed otherwise in writing by any of the involved parties.
Fullsight is responsible to invoice its Customers, according to the preferred way of payment, when the Customer orders the Services, but always prior to the start of the Term.
Any invoices regarding additional Users and/or features, ordered after conclusion of the agreement, shall be sent to the Customer upon his request thereto.
An invoice will be sent to the Customer’s e-mail address when ordering the Services. The Customer is responsible for informing Fullsight as soon as possible of any changes in respect to his Account.
Fullsight invoices are automatically collected by Fullsight in full via credit card or Direct Debit (depending on the Customer’s choice at checkout) on the invoice date (and without any discount whatsoever). The invoiced amount has to be paid within 14 calendar days of the invoice date.
For all payment processes, Fullsight resorts to the services of external specialized partners who operate a payment platform. All online payments are subject to the general terms and conditions of the external administrator of the payment platform, who has exclusive responsibility for the correct processing of all online payments.
The financial data that every Customer enters as part of an online payment is only exchanged between the external partner and the financial institutions concerned. Fullsight has no access to the confidential financial data of any of its Customers.
Invoice-based concerns may only be discussed by the Customer via email within 7 days after the invoice date, and the e-mail must include the invoice date, the invoice number and detailed reasons. These concerns do not discharge the Customer from his obligation to pay.
If the Customer ends the Agreement, the amounts already paid to Fullsight (regardless of the period the advance payment relates to) shall be kept by Fullsight and not returned.
For each invoice that has not been fully paid by the Customer on the due date, the latter is liable to pay – by operation of law and without prior notice of default – late payment interest of 1% per month in arrears, whereby a month that has already started is to be considered as fully completed.
Fullsight also has the right to (temporarily) suspend the access to the Services until it has received the full payment from the Customer. Moreover, Fullsight can consider an entire order (or any of it) cancelled, if the payment has not been completed, even after formal notice was given, and – in addition – Fullsight is entitled to claim a fixed compensation of 20 % of the price (excluding VAT), with a minimum of 100 Euro, without prejudice to its right to compensation for higher proven damage.
All other Fullsight invoices to the Customer will immediately become due and payable, even if they have not yet fallen due, and all permitted payment conditions will cease to apply. The same applies in the event of an imminent bankruptcy, judicial or amicable dissolution, suspension of payment, as well as any other fact showing that the Customer is insolvent.
For as long as this agreement remains valid, the Customer can make use of the Tool and its features (within the scope of the Access Rights of the Customer), when ordering the Services. The scope of such Access Rights can be limited or extended during the Term of the agreement.
The Customer accepts that only his Administrator and Users can use the Tool and its features, and for his/her internal business purposes solely and in compliance with all applicable laws, rules and regulations issued by governing authorities. The Customer also agrees that compliance with this article is an essential basis of the agreement.
Use of and access to the Services by the Customer presupposes an Internet connection and the use of a modern web browser. If an outdated web browser is used, the Customer may not be able to properly use all functions of the Services or these functions may not operate optimally.
The Customer is fully responsible for compliance with these terms of service, as well as for the acts and omissions of all users who make use of the Tool and its features, through the Administrator Account and/or User Account. The Customer shall not authorize access to or permit use of the Tool and its features, nor the Documentation by people other than the Administrator or the Users.
The Customer agrees not to misuse the Access Rights and cannot, without this list being exhaustive:
Intellectual property rights of Fullsight
The Customer explicitly affirms that Fullsight is and will remain the only owner of the Tool and its features, and/or other intellectual property rights to it related.
Therefore, the Access Rights granted to the Customer solely imply the right to use – at a charge – the Tool and its features and no implied licenses shall be granted under this agreement. Under no circumstances such right:
The Customer cannot use any of Fullsight’s trademark, tradename, or brand name, without the explicit written approval from Fullsight.
The Customer cannot perform or authorize any third party to perform any act which would or might invalidate or be inconsistent with any intellectual property of Fullsight – including without being limited to any patent, copyright, registered design, trade mark or other industrial or intellectual property rights – and shall not omit or authorize any third party to omit to do any act which, by its omission, would have that effect.
The Customer is responsible for notifying Fullsight of any actual, threatened or suspected infringement of any intellectual property rights of Fullsight, which comes to the Customer’s notice, and of any claim by any third party due to use of the Tool and its features.
Subject to these terms of service, Fullsight hereby gives the Customer a non-exclusive, non-transferable license during the Term to reproduce copies of the Documentation (solely for use by the Customer in connection to his Access Rights). The Customer acknowledges that:
Customer’s intellectual property rights
Fullsight is entirely permitted to make accurate informational references to Customer’s trade names, trademarks or service marks related to its performance of the Services, subjected to the condition that Fullsight shall promptly stop any use of any Mark owned by Customer in connection with the performance of the Services upon termination of this agreement or receipt of notice from the Customer to discontinue such use.
Every agreement closed between Fullsight and the Customer concerning the use of the Tool and its features have a definite term, depending on the choice of the Customer when ordering the Services.
The Term is automatically prolonged if the agreement is not terminated by the Customer by at least 15 calendar days before termination of it, which entitles Fullsight to invoice the Customer for the renewed Term.
The Customer may terminate the Agreement by using the in-app functionality:
1 - At any time and for any reason, as long as the termination takes place at least 15 days before the expiration of the Term.
Every termination by the Customer less than 15 calendar days before expiration of the Term gives the Customer the obligation to pay the invoice concerning the renewed Term, even if the Customer has no intention to continue its use of the Tool and its features.
2 - In case the Customer cannot agree with one or more of the following circumstances and such termination takes place within 30 days after being notified thereof by Fullsight: (1) a change in the offer of the Services, which entails a significant disadvantage for the Customer, (2) a change of these terms of service by Fullsight or (3) any announced price adjustment by Fullsight. Under no circumstances, this entitles the Customer to claim any sort of damages or compensation from Fullsight;
3 - In case the data processing agreement between Fullsight and the Customer (cfr. Article 17) enters into force and the conditions, (as determined), are met.
However, prior to such termination by the Customer but in any case before deactivation by Fullsight, the latter is obliged to export the Customer Data by using the available export tools.
Termination by Fullsight
Without prejudice to any other right or remedy Fullsight may have against the Customer, Fullsight can end the agreement at any time and without legal intervention - in the case of exceptional situations, which make it impossible to continue any professional cooperation between Fullsight and the Customer.
The following list mention all exceptional, possible, circumstances:
(1) If Fullsight detects or has substantial reasons to assume it:
(2) If the Customer ceases its payments, files a declaration for bankruptcy, is declared bankrupt, enters into a liquidation or similar proceedings or is liquidated;
(3) If the Customer commits an act of dishonesty, disloyalty or fraud with respect to Fullsight, its business or the Tool and its features;
In case this termination is done by Fullsight, notified by email, the agreement will be automatically ended without a period of notice or compensation and without prejudice to the right of compensation.
Consequences of the termination
If the Customer doesn’t export its Customer Data prior to terminating the agreement or within the term granted by Fullsight following its termination, Fullsight can first delete the Customer Data via ‘soft deletion’ and subsequently, once a term of (maximum) six (6) months has passed, anonymize the Customer Data.
The termination of the agreement, for whatever reason, does not prejudice the rights obtained by each party.
Fullsight’s liability is limited to the lowest amount of any of the following: (1) the value of the latest invoice from the Tool and its features, or (2) the amount of the payment of the insurance policies entered into by the Fullsight and in any case be limited to the liability mandatory under Portuguese law.
Except as otherwise guaranteed in these terms of service and to the maximum extent permitted by applicable law, the Tool and/or its features as well as the Documentation and any other products or services provided by Fullsight are provided on an “as is” basis. Fullsight thus disclaims any and all other promises, conditions, representations and warranties – whether express or implied – including but not limited to any implied warranties of fitness for particular purpose, satisfactory quality, reasonable skill and care, system integration and/or data accuracy.
Furthermore, Fullsight does not guarantee that the Tool and its features will meet all of Customer’s requirements. Since the Customer has the possibility to (1) request a Demo (cfr. Article 4) prior to becoming a paying Customer and (2) request any further information from Fullsight regarding this aspect. Therefore, the Customer declares to know enough information about the Tool and its features.
Fullsight does not guarantee that: (1) the performance of the Tool and its features will be uninterrupted or error-free nor that all errors and/or bugs will be corrected (within a reasonable time), (2) the Tool and its features will be constantly available, free of viruses, in time and complete, or (3) the information provided by the Tool is complete, correct, accurate and non-misleading.
Fullsight’s intended use is under the Customer, Administrator and/or Users responsibility. Fullsight will not be held accountable for any damage resulting from this intended use. Therefore, the Customer, Administrator and/or User remains responsible for any damage to its computer (programs), wireless devices and/or other equipment consequential to the Tool.
Fullsight will neither be liable for:
Therefore, the Customer agrees that Fullsight does not give any guarantee that the Tool complies with the regulations or requirements applied in any legal area (with the exception of the regulations that apply in Portugal on the moment of conclusion of the agreement). Fullsight cannot be held accountable for any changes of whatever nature in law and/or regulations.
The Customer compromises not to provide any (confidential) information (e.g. an Excel sheet with data, including Customer Data) or any other login data to any employee of Fullsight in whatever manner and for whatever reason. If the Customer provides any of this data to Fullsight, the Customer acknowledges that it stays at his/her own risk. In this case, Fullsight cannot certify the same security and confidentiality regarding the information provided as it guarantees with respect to the Customer Data.
The Customer acknowledges that Fullsight’s liability can only be invoked by the Customer directly and not by a third party, (such as the person to whom the Customer Data relates).
The Customer shall indemnify and/or hold harmless Fullsight from and against all claims of whatever nature that might arise from the existence, implementation, non-compliance and/or termination of these terms of service and which have been caused by his own negligence, fault or carelessness or by his Administrator and/or any of his Users.
Finally, the Customer is responsible for informing his Administrator and Users of the provisions of this Article (and the remaining of these terms of service).
Fullsight’s processing of personal data concerning the (potential) Customer and/or its personnel/staff shall take place in accordance with the provisions of Fullsight’s Privacy Statement. In that case, Fullsight acts as a data controller.
This privacy statement includes information about the personal data collected by Fullsight, as well as the way Fullsight uses and processes this personal data.
By ordering the Services or entering into an agreement with Fullsight – including the request for a Demo – the Customer acknowledges to have read the privacy statement and to fully understand its content.
Fullsight as a data processor
The Customer acknowledges that – with regard to the processing of Customer Data – it shall act as a controller and Fullsight as a processor. All arrangements made between parties in this respect will be governed only by the data processing agreement.
Following the statement above (cfr. Article 2), the Customer acknowledges explicitly that by ordering the Services or entering into an agreement with Fullsight, the Customer assumes to have read and accepted the data processing agreement in its entirety.
Each Customer is required to keep his Customer Data confidential as well as to ensure that each third party, (to whom he/she grants access to a User Account) , is bound by the same confidentiality obligations.
The Customer must be aware that when providing any “API-key” to a third party, this leads to granting this third party full access to his Administrator Account and User Account, logins and Customer Data.
All information (including financial, commercial, legal, fiscal, social, technical and organizational nature, business and trade secrets, business partner, customer and supplier data, employee data, personal data, programs, source codes, computer programs, computer code, modules, scripts, algorithms, features and modes of operation, inventions (whether or not patentable), processes, schematics, testing procedures, software design and architecture, design and function specifications) exchanged between parties prior to entering into an agreement (and during it as well) must be considered confidential and be treated by each party with the utmost secrecy. More specifically, the recipient shall:
The obligations, as determined in the previous paragraph, are not applicable to the following information:
This confidentiality obligation is applicable during the duration of the cooperation between parties, and will last for a period of two (2) years, starting from the termination of the cooperation for any reason whatsoever.
The disclosing party must remain (at any moment) the only owner of its confidential information. None of the above terms of service or the relationship between parties shall grant to the recipient any rights to or interest in the confidential information, and no implied licenses are granted by these terms of service.
This confidentiality obligation must, however, in no event imply that Fullsight is not entitled to use and/or commercialize any ideas, input, feedback received from the Customer, in order to improve and/or expand the Tool and its features.
The Customer recognizes that when a non-disclosure agreement is signed between parties, such non-disclosure agreement shall prevail.
Whenever the Customer needs assistance or has an enquiry with respect to the Tool and its features, the Customer is advised to consult Fullsight’s support page first.
If the information provided on Fullsight’s support page does not contain the required assistance, the Customer may contact the Fullsight helpdesk free of charge. The Fullsight helpdesk is available from Monday to Friday from 9 am to 6 pm (WEST), excluding bank holidays or holidays in replacement of bank holidays during weekends.
The Customer will bear the costs made as a result of unjustified complaints and/or enquiries.
At all times, the Customer will be able to unsubscribe from Fullsight’s Communication. The Customer can never hold Fullsight liable for changes (of whatever nature) that would normally have been informed through the Communication, if he/she had not chosen to unsubscribe, since Communication is considered to form an integral part of the Services.
Fullsight has the right to, at any time, change the offer and composition of its Services, including its packages and/or features. In that case, Fullsight will inform the Customer of it (within a reasonable term prior to the change), through (i) a notification on the Website, the Tool and/or (ii) the Fullsight Communication.
Fullsight is not responsible for any failure to meet its obligations if this failure is due to force majeure or hardship.
Usual events of force majeure or hardship include: all circumstances that at the time of the conclusion of the agreement were reasonably unforeseeable and unavoidable, and which prevent Fullsight from performing the agreement, or which would make the performance of the agreement more difficult, financially or otherwise, than would normally be the case.
The above mentioned situations entitle Fullsight to review and/or suspend the agreement by simple written notice to the Customer, without being liable to pay compensation. If the situation of force majeure and/or hardship lasts longer than 2 months, Fullsight will be entitled to terminate the agreement (cfr. Article 15).
All issues, questions and disputes concerning the validity, interpretation, enforcement, performance or termination of this agreement shall be governed by and construed in accordance with the Portuguese law.
Any concern towards the validity, interpretation, enforcement, performance or termination of this agreement shall be submitted to the exclusive jurisdiction of the courts where Fullsight has its registered office.
Unless expressly agreed otherwise, the Customer acknowledges that the language of these conditions will also be the working language in all commercial transactions with Fullsight.
The original language of these conditions is English. Translations or documents drawn up in a different language will at all times be regarded as a bonus for the Customer. In the event of any conflict, the English version will always prevail.