Epoptia MES software is provided as a service through various plans in Cloud operating model. Depending on the choice of plan (hereinafter referred to as “Epoptia MES Software”) used, this is the basic agreement between you or your business (hereinafter referred to as “You”) and EPOPTIA Inc (hereinafter referred to as “Epoptia”). Part of the following agreement does not include the One-Off Purchase operating model. Any additional agreement reached between the companies may alter or supplement said agreement.

Services, Implementation

Epoptia MES Software is a self-learned platform and provided as a service through various subscription plans. The implementation of Epoptia MES Software can be performed by You or by Epoptia Partners, through an active partnership declared inside the Epoptia MES Software.  Epoptia Partners are specialized professionals that implement and resell the Epoptia MES Software,  providing services of designing, consulting, implementation, supporting and special operations. Upon your request, you may change Epoptia Partner

Limitations of Liability

In order to use the Epoptia MES Software, You need access to the Internet and a proper local network configuration. The medium and means of accessing the Internet or and the local network is solely your responsibility. Limited or partial connection does not guarantee the smooth operation of Epoptia MES Software and therefore the operational qualification of the production process.

Internet supply problems or any connectivity issues that You may face due to the local network or the Internet provider, which may affect the performance of your production process, do not burden Epoptia.

Handling and access to the Epoptia MES Software should only be performed by trained personnel. Epoptia is not responsible for the loss of data or settings in the following cases:

• Access to untrained third parties
• Access to unauthorized third parties
• Improper handling
• Willful misconduct

Epoptia is not responsible for any damage or loss of profit or loss of data or discontinuation of partnerships or business activities, directly, indirectly or even consequentially, or other damages that may result from use or inability to use Epoptia MES Software, even if Epoptia has been consulted about the possibility of such damage.

For its part, Epoptia has taken every possible precautions, natural and procedural, to ensure the loss of any data in its possession in the context of product preparation for the use of the Epoptia MES Software.

In case of any problem or disagreement with Epoptia, You may be reimbursed at the end of the subscription period for any kind of plan you might use. Under no circumstances will Epoptia’s total liability to You regarding any plan or service, direct or indirect, exceed the fees paid by You for that particular plan.

In cases where a private agreement or any other Non-Disclosure Agreement (NDA) has been signed the agreed-upon between You and Epoptia are applicable.

Billing methods, payments, cancellations, changes and refund policy

For the Cloud operating model, Epoptia MES Software is provided as a service and the billing method is via subscription through various monthly or annual plans. The Epoptia MES Software is billed per workstation used in the production process, for the duration of its use.

At the end of the offered subscription time, You are requested to renew your subscription in order to continue using it. In the case of the One-Off Purchase operating model, the above assumption does not apply.

To be able to activate any subscription plan, it is required that you pay it off in advance.

Epoptia notifies you 2 weeks before the end of your subscription for timely payment.

You have the option to cancel your subscription at any time, indicating the end of notifications. Epoptia reserves the right to change the subscription fee only for future versions of the software and only after consultation with You, will proceed with the billing of the Epoptia MES Software. In case of expiry / cancellation of your subscription, You will continue to have access to your account for one year, without the ability to enter any new production orders and without access to any workstation. At any given time, You reserve the right to alter your plan either at a higher or lower rate. When you alter your subscription plan or cancel your subscription, Epoptia will take into account previous charges for which you did not spend the total purchased time and will then credit the corresponding amounts to your account. These amounts will be used as a discount voucher for future purchases, while they are not available for cash refunds.

Support, Updates, Releases, Functionalities

Epoptia, which implements and offers the Epoptia MES Software, is responsible for the proper and uninterrupted operation of the service. Any issues that may arise in terms of efficient and uninterrupted operation of the service are subject to technical support and Epoptia is obliged to start restoration work within 24 hours from the date and time that the company is notified. In cases of extension of the support contract beyond the one offered with the service (SLA), the SLA will apply.

Epoptia reserves the right to alter the terms and conditions, as well as the amount of the SLA subscription and, after consulting with you, will proceed with the billing of the services.

For Cloud operating model, Epoptia is the one responsible for the Server. For any other operating model that requires the installation of the Server on your premises, you are solely responsible for the Server.

Within a valid subscription Epoptia provides support for bug fixing via ticketing system, Knowledge base access & all new updates releases, and functionalities. Bug fixing is defined as a functionality or set of functionalities, that is not working properly than is expected or described in Epoptia’s Knowledge base. For any other issue such as handling or implementation, Epoptia provides the Knowledge base and has a partner network that you may refer to.  

Epoptia Partners are allowed to provide Support services to You. In the exception case of malfunction or issue that cannot be resolved remotely and require the physical presence of an Epoptia representative at your site, it requires a new financial agreement between Epoptia and You or any third party that may involved.

Due to the nature of the software, remote support covers any possible malfunctions. Peripheral equipment is simply the means by which users interact with Epoptia MES Software. In case of equipment malfunction, they can be replaced immediately.

Disclaimer of Warranties

Epoptia guarantees the proper operation of the software. The use of the software is solely under your responsibility. Epoptia expressly disclaims all warranties of any kind, explicit or implied. Epoptia does not guarantee that its services will be continuous, timely, secure or without viruses in terms of its use. In view of the use of the service, alteration of any material or its download by using  the software is entirely your responsibility and you will be solely responsible for any damage to your computer system, your mobile phone or wireless device, or data resulting from the use of the Epoptia service or the download of any such material.

Suspension & Termination

We reserve the right to alter the Terms of use at any given time. For your immediate notice, you will receive an e-mail or the alterations will be published on our official website https://epoptia.com/terms-conditions

If the altered terms affect you in relation to your Epoptia MES Software, you may terminate the use of the Epoptia MES Software. If you have been notified of any alterations of the Terms of Use and still continue to use the Epoptia MES Software, you are deemed to agree to them.

Limitations of Use

Following the terms and conditions of this agreement, the following cases are against Epoptia’s license to You:

• Transfer of license to third parties without Epoptia’s knowledge.
• In the case of installing the software on your premises, any action pertaining to copying, attempting to copy or even transfer it. Trying to access the source code without the written approval of Epoptia.
• Use of Epoptia MES Software for illegal purposes and spamming.
• Providing Epoptia MES Software as your own product.

Personal Data Protection

As far as personal data protection is concerned, you may see our policy in detail on our official website https://epoptia.com/privacy-policy-en.

Contact

One of the services we provide to you is full notification regarding announcements, systematic changes and messages, newsletters and more. According to our policy, you reserve the right to opt for not accepting Newsletters, but you are required to be informed of all other affairs and you cannot refrain from receiving them, unless you terminate your relationship with Epoptia.

BackUps

Epoptia keeps backups of your database as long as you have a valid subscription. At the termination of the subscription backups will be discontinued, while with the termination of the account, all stored backups may be deleted if there is no renewal after a considerable period of time. In case of installing the software on site, Epoptia is not responsible for preserving the backups.

The latest updated version of the terms of use will always be available on our website www.epoptia.com and we recommend that you check the revision date frequently for any alterations, to see when the terms of use were last updated.

Date of revision of Epoptia Terms of use.

April 20, 2021