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Welcome to Heartcount’s Terms of Use!

Last updated on April 10th

Please note that these Terms of Use apply to your use of the Heartcount App (hereinafter: “Terms”) in the ownership of Heartcount d.o.o. Beograd-Novi Beograd, with registered seat at Dušana Vukasovića Street no. 57, 11000 Beograd (Novi Beograd), the Republic of Serbia, CIN 21504254, TIN 111572621, (hereinafter: “Heartcount”, “we” or “us”).

When we say “Application” or “App” “Heartcount app”, we mean software “Heartcount” which represents AI-powered tool which measures happiness at work by tracking results and relationships (personal fulfilment, progress, relationships with colleagues and managers) that influence happiness at work, as presented, described and available at https://www.heartcount.com/. We offer our service via Heartcount App. When we say “Service” we mean a cloud-based service, whereby Heartcount is making available the App, the User Accounts and the Content (including the related mobile apps, desktop apps and, extensions as well as other computer programs Heartcount makes available in conjunction therewith), in full or in part, including any updates, upgrades, enhancements, modifications, new features, programs and, tools.

Please read these Terms carefully before using the Heartcount application. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. If you use Heartcount App, you are cautioned to review the Terms of Use periodically. Any changes shall enter into force upon being published on the App. Your continued access or use of the App after any such change will constitute your acceptance of these changes. If you do not agree to the new terms of Agreement, you must stop using Heartcount.

If you wish to find out how we process your personal data, please see our Heartcount App Privacy Policy and Cookie Policy.

Ownership and Intellectual property

Heartcount is going to retain all worldwide rights in the intellectual property of the Service. Except for User Data, all content of the Application, such as text, graphics, logos, button icons, images and audio clips, is the property of Heartcount or his licensors and is protected by copyright and other intellectual property rights. You should assume that everything you use or see in the application is protected and owned by Heartcount, or a third party who licensed the right to use such content to Heartcount.

As SaaS providers, we only grant a customer the right to use our intellectual property subject in the context of SaaS bilateral agreement for the duration of the SaaS agreement. No IPRs will not be transferred to a customer unless this has been specifically agreed between the parties i.e. where customized, developed software is being provided, and even then the SaaS provider should always retain the right to continue to use the intellectual property in its business.

Data Collection

We are not obligated to collect and update personal and company`s data. Only data controllers (as defined in the Privacy Policy) are responsible to deliver and update personal data of their employees. To unlock all available Service features, it is required to insert employees and company information and create teams. For optimal performance and user experience, it is recommendable to deliver all required data. As a Service provider, we are only responsible for setting up the application for usage, open account for first user and hand over an application. We cannot in any sense be responsible for the accuracy of personal data, outdated data and its violation.

Data Access

As a SaaS subscription tool, our Service links two groups of users: employees and managers. Employees will get a week 3-questions survey via e-mails. After simple submission of answers, a User UI Page where they can manage their data and access (edit, unsubscribe, delete all data related to them) and gain insight into data processed by our Service.

On the contrary, company's managers (Data controller`s representatives) will get access to the Portal where they can manage employee`s personal data, subscribe employees to Service and see overall interpreted and analyzed answers to surveys. Portal is the user back end of the Heartcount app, meaning that all data could be seen in the SaaS we provide. It is up to the Data controller to decide who will be authorized to access this confidential data. We have implemented a system of roles and permissions (there are two roles of Managers and Business Administration), which further means that we provide the ability to differentiate and assign different authorizations between two groups of users who access all data in the Service. According to all previously stated, we can guarantee that we will invest all the effort to keep Service secure, safe and functional.

Data retention and security

All data processed via our Service is encrypted and saved as long as it is required.
Our Service provides you with all the features you need to keep data secure, accurate, confidential and to respect all rights related to personal data of your employees. Any time users can permanently delete all data related to them and terminate the subscription to Service.

Upgrade, licensing and payment

You will be timely informed about any upgrades and changes to our Service. Any time and by any means you can request support, report a problem and get initial user training(s).

This Service does not require licensing and access is obtained exclusively per request via web/site contact form and/or via email to us.

The payment model for this Service is pay-as-you-use. Companies that are using our Service will pay per answered e-mail per month. If the company does not settle the debt, we reserve the right to terminate access to Service.

Support

The service provider will provide support for all incidents arising in the context of the Service. Users can any time report a problem by emailing us support@heartcount.com. We proactively monitor Service health and timely track and detect any errors.

Third-Party

Our Service may use third-party services that are not owned or controlled by Heartcount only in the order of optimal performance of the software you use.
We have no control over it and assume no responsibility for, the content, privacy policies, or practices of any third-party services. By using our Service, you further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any services.

We strongly advise you to read carefully the Terms and conditions and Privacy policies of any third-party services we use.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Serbia and Denmark, without regard to conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

Contact Us

If you have any questions about these Terms, please contact us.

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Heartcount is an AI powered tool, which measures happiness at work in a new and better way. It is a tool for tracking results and relationships (personal fulfilment, progress, relationships with colleagues and managers) that influence happiness at work.

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