PERFORMANCE STORYBOARD® TERMS & CONDITIONS

Effective Date: 1.7.2024

These TERMS & CONDITIONS are referenced in and made an integral part of each Licensee & License Agreement with Demetra Lean Way d.o.o.  These TERMS & CONDITIONS explain how the Demetra Lean Way d.o.o. work, information that the Demetra Lean Way d.o.o. team gathers with respect to licensees and their affiliates, and restrictions on the way in which the Demetra Lean Way d.o.o. product PERFORMANCE STORYBOARD® is to be used.

The Company reserves the right to modify these TERMS & CONDITIONS upon notice to licensees as set forth in their respective License Agreement.

I.  USE OF PERFORMANCE STORYBOARD PROPRIETARY INFORMATION
The license provided under the License Agreement does not permit a licensee to use any trademarked, copyrighted, or other proprietary information of the Company.  This includes (without limitation) the trademark PERFORMANCE STORYBOARD®:
A licensee may only use proprietary information (including trademarks or other brand information) if the Company has given specific written permission, and then only for the purposes specifically authorized and only if the Licensee has satisfied all of the conditions placed upon such permission.

In no event shall a licensee use any proprietary information (including, but not limited to, trademarks or other brand information):
(a) In a manner that is misleading, defamatory, libellous, offensive, obscene, infringing, or otherwise objectionable;
(b) In a manner that suggests the Licensee is an affiliate, partner, or otherwise related to the Company;
(c) In any way that would infringe upon any third-party intellectual property rights (including, but not limited to, trademarks, copyrights, or other protected information);
(d) In any other manner that the Company shall reasonably determine to have a negative or deleterious effect on the Company, its product, services, or other licensees. In all cases, the Company may determine whether any use of its proprietary information violates the above restrictions at any time, except as otherwise stated above, in its sole discretion. Suppose the Company permits the use of any proprietary information. In that case, the Licensee must sign an agreement acknowledging that it understands and agrees that all proprietary information used by such Licensee remains the sole property of the Company.

II. OTHER RESTRICTIONS ON DEMETRA LEAN WAY D.O.O. AND DEMETRA LEAN WAY D.O.O. PRODUCT PERFORMANCE STORYBOARD USE
The Company wants to ensure that all of its licensees are able to take advantage of the Company’s Product.  In order to maximize the effectiveness of the DEMETRA Lean Way d.o.o. Product and protect its reputation, the Company specifically does not allow licensees to use the license provided or the DEMETRA Lean Way d.o.o. Product to do any of the following:
(a) Harm minors in any way;
(b) Impersonate any person or entity or misrepresent any affiliation with any person or entity;
(c) Use a user name or email address that implies that a licensee is a different person or entity or which misrepresents an affiliation with any person or entity;
(d) Use a user name, email address, name, or other identifiers that infringes on third-party intellectual property rights (including, but not limited to, the use of trademarked or copyrighted material);
(e) Provide user names and/or passwords to any third party for its use or otherwise attempt to transfer the existing license except as permitted under the terms of the license agreement;
(f) Engage in any use of “junk mail”,  “spamming”, “chain letters”, pyramid schemes or offers for investment opportunities, or other similar invasive and unsolicited advertising;
(g) Use the DEMETRA Lean Way d.o.o. Product to engage in the transmission of any virus, Trojan horse, “time bomb”,  “Easter egg”, or other malicious or dangerous computer code, file, program, or software designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h)Use the DEMETRA Lean Way d.o.o. Product to engage in any form of internet spying, including the installation of spyware or any similar program, computer code, file, or cookie (I use the DEMETRA Lean Way d.o.o. Product to engage in phishing or any other form of a request for personal information using deception or misrepresentation of any kind;
(j) Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’s privacy rights or rights of publicity;
(k) To harvest or collect information from any person or entity outside the scope of use provided for in the License Agreement;
(l) Interfere with or disrupt the Company servers or networks or its provision of services to any licensee;
(m) Use the DEMETRA Lean Way d.o.o. Product for any fraudulent or unlawful purpose, or otherwise intentionally or unintentionally violate any applicable local, state, federal, or international law.

In addition, licensees may not sell, offer, upload, post, provide information regarding, or transmit or make available content that:
(a) Is or may be, in the Company’s reasonable determination, unlawful, fraudulent, harmful, threatening, intimidating, degrading, abusive, harassing, tortious, defamatory, obscene, indecent, pornographic, encouraging criminal conduct, libellous, invasive of another privacy, hateful, or racially, ethnically or otherwise objectionable, or which could otherwise give rise to criminal and/or civil liability;
(b) Infringes any patent, trademark, trade secret, copyright, or any other proprietary right of any person or entity;
(c) That Licensee does not have a right to make available under any law in any applicable jurisdiction or as the result of any contractual or fiduciary relationship (including, but not limited to, proprietary and confidential information, insider information and privileged communications);
(d) That is personally identifiable information about any individual without such individual’s express prior written consent;

Licensees may not:
(a) Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of a DEMETRA Lean Way d.o.o. Product;
(b) Remove any copyright, trademark or other proprietary rights notice from any DEMETRA Lean Way d.o.o. Product or materials originating from the Company;
(c) Frame or mirror any part of the DEMETRA Lean Way d.o.o. Product;
(d) Create a database by downloading and storing content from the Company’s website; or
(e) Use any robot, spider, site search or retrieval application or other devices to retrieve, index,
“scrape”, “data mine”, or in any way gather content from any other licensee or from the Company, or reproduce or circumvent the navigational structure or presentation of the Company’s website without the Company’s express prior written consent.
(f) Make the DEMETRA Lean Way d.o.o. Product is available to anyone other than authorized Users.
(g) Sell, resell, rent or lease any DEMETRA Lean Way d.o.o. Product. Licensee further acknowledges and agrees that it is solely responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Company’s Product and for paying all charges related thereto.

III. CONTENT AND USE OF INFORMATION
All User Submissions from a Licensee to the DEMETRA Lean Way d.o.o. Product will be deemed to be the “Confidential Information” of such Licensee that has established an instance of DEMETRA
Lean Way d.o.o. Does the Company agree that it will use Confidential Information solely for the
purpose of providing DEMETRA Lean Way d.o.o. Product to authorized users and for the purposes of
Product improvement? In addition, unless otherwise required by law, the Company agrees that it will disclose Confidential Information only to
(a) Company’s, members, officers, employees, and service providers who have a need to know
such Confidential Information for purposes of developing and maintaining the DEMETRA Lean Way
d.o.o. Product,
(b) Individuals who have been authorized by the Licensee to access the Confidential Information.

IV. DATA SECURITY
We are aware of concerns regarding the privacy and confidentiality of Confidential Information.  We have put in place certain physical, electronic, and managerial procedures to help us safeguard against unauthorized access to Confidential Information and to help maintain data security. You are ultimately responsible for maintaining the secrecy of your user name, passwords, and/or any account information. You are not permitted by DEMETRA Lean Way d.o.o. to, and we recommend that you do not, disclose your username and password to any other person. If you have reason to believe that your interaction with the DEMETRA Lean Way d.o.o. Product is no longer secure (for example, if you feel that the security of your DEMETRA Lean Way d.o.o. username or password has been compromised), you must immediately notify us of the problem by contacting the PSB Support of your instance and us email on: psb@demetra leanway.com

V. REQUIREMENTS FOR USE OF SERVICE
Licensee further acknowledges and agrees that it is solely responsible for obtaining and maintaining all telecommunications and computer hardware, equipment, and services needed to access and use the Company’s Product and for paying all charges related thereto. Use of the DEMETRA Lean Way d.o.o. Product requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; may be affected by the performance of these factors.  You agree that these requirements, which may change from time to time, are your responsibility.  At present, the requirements are as follows:
(a) A computer running Windows 10 or Mac OS X 10.10 or later 
(b) A computer with at least 4GB RAM and a 2GHz or faster processor.
(c) A current version of one of the following web browsers: Google Chrome, Microsoft Edge, Firefox, Safari
(d) Cookies enabled on the browser specified in item (c)
(e) JavaScript enabled on the browser specified in item (c)
(f) A high-speed internet connection of at least 1.5MB/s or better.

VI. DOWNTIME AND SERVICE SUSPENSIONS
In addition to our rights to terminate or suspend use of the DEMETRA Lean Way d.o.o. Product to you due to breaches of the terms in Section II above or any breach of the License Agreement, you acknowledge that:
(a) Your access to and use of the DEMETRA Lean Way d.o.o. Product may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the DEMETRA Lean Way d.o.o. Product for any reason, including as a result of power outages, system failures, or other interruptions; and
(b) We shall also be entitled, without incurring any liability to you, to suspend access to any portion or all of the DEMETRA Lean Way d.o.o. Product at any time, on a system-wide basis:

(c) For scheduled downtime to permit us to conduct maintenance or make modifications to any of the
DEMETRA Lean Way d.o.o. Product;
(d) In the event of a denial-of-service attack or other attacks on the DEMETRA Lean Way d.o.o.
Product or other events that we determine, at our sole discretion, may create a risk to the applicable.
DEMETRA Lean Way d.o.o. Product, to you, or to any of our other customers if the DEMETRA Lean
Way d.o.o. The product was not suspended; or
(e) In the event that we determine that the use or sale of any DEMETRA Lean Way d.o.o. Product is prohibited by law, would harm our brand or reputation, or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, “Service Suspensions”). We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you may incur as a result of any Service Suspension. To the extent we are able, we will endeavour to provide you with an email notice of any Service Suspension in a timely manner but shall have no liability for the manner in which we may do so or if we fail to do so.

CONTACTING US
If you have any questions regarding these TERMS & CONDITIONS, please contact us either by email at psb@demetra-leanway.com or by regular mail at DEMETRA Lean Way d.o.o., Bela Cerkev 9, 8220 Šmarješke Toplice. Please note that email communications are not necessarily secure. Accordingly, you should not include credit card information or other sensitive information in your email correspondence with us.