1. Legal notice
CirrioSoft, Ltd. (“CirrioSoft”, "we", "our") is a company registered in Slovenia with the business address: Ulica Ambrožiča Novljana 5, 1000 Ljubljana and the registration number: 8830142000, which manages the websites at https://www.quantifly.si/ in https: // www.360.quantifly.si/ and provides services in the field of personnel/human resources analysis ("Services”). These CirrioSoft Terms and Conditions ("Terms and Conditions") govern the rights and obligations between you or the company you represent and CirrioSoft in connection with your use of the “quantifly 360” service or the “quantifly analysis” service. Before using our Services, you must agree to the Terms and Conditions. This document contains key information about your rights, obligations, conditions, limitations and exclusions that may apply to you. These Terms and Conditions apply to all participants ("Participants") and clients of our Services ("Client") unless otherwise stated.
If you represent an organisation, when you order our Services you warrant that you have the appropriate authority to express the business wishes of the organisation you represent in relation to these Terms and Conditions. In this case, we refer to your employer or organisation as "you" or "the Client".
By ordering the Services and completing the questionnaires, you expressly declare that you agree to these Terms and Conditions, together with any amendments thereto and any declarations or policies referred to therein.
By using our Services, you confirm that you are of legal age (under the laws of your country) to give valid consent to these Terms and Conditions. If you are using or ordering our Services on behalf of an organisation or business, you confirm that you have legal authority to represent them.
You may not use our Services if: you do not agree to these Terms and Conditions; you are not of sufficient age under the laws of your country to enter into a contractual relationship under these Terms and Conditions; or the applicable law of your country prohibits you from accessing or using our websites or services.
2. Changes to the terms and conditions
CirrioSoft reserves the right to modify these Terms and Conditions at its sole discretion, as may be required by changes in its business model, legislation or business practices.
Any amendments shall take effect upon the posting of the amended Terms and Conditions on the CirrioSoft website, of which you shall be notified simultaneously by email to the email address associated with your user account.
3. Definitions
CirrioSoft means a company registered in Slovenia with the business address: Ulica Ambrožiča Novljana 5, 1000 Ljubljana and the registration number: 8830142000, which offers Services.
Client means any legal or natural person who places an order for the use of the Services in the name of, or on behalf of, an organisation or a freelancer.
Client Content means content created by Clients or Participants during the course of using the Services, as further specified in Article 13.
Force Majeure means events beyond CirrioSoft's control which prevent CirrioSoft from providing the Services. These events include any provision of any present or future law, regulation, ordinance or measure; acts of war, hostilities, terrorism, riots and other civil commotions; natural disasters such as flood, fire, earthquake, tsunami or explosion, as well as epidemics or pandemics; strikes, work stoppages or other industrial disruptions; any attack or intrusion into, or denial of service, or other attack on, the software, networks and infrastructure.
Participant means any natural person who is employed or otherwise involved in the Client's work process and is involved in the Services.
Personal Data means all personal data of the Clients and the Participants that CirrioSoft collects and processes for the purpose of providing the Services. Personal Data means any information relating to an identified or identifiable individual; an identifiable individual is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or by reference to one or more factors specific to that individual's physical, physiological, genetic, mental, economic, cultural or social identity, as set out in the Privacy Policy.
Privacy Policy is a CirrioSoft document that describes the collection, storage, use, insight and disclosure of personal data in the context of the Services. The Privacy Policy is an integral part of these Terms and Conditions and is available at www.quantifly.si.
Psychologists means psychologists who have individual contracts with CirrioSoft.
quantifly 360 means an online personnel/HR analysis tool developed by CirrioSoft. It is available at: https: //www.360.quantifly.si/.
quantifly Analysis means a comprehensive personnel/HR analysis service conducted by CirrioSoft, which is carried out through questionnaires and includes a final report with suggestions for improvement.
quantifly Analysis Website means the CirrioSoft website where information and contact for the quantifly analysis service can be accessed at the following link: https://www.quantifly.si/
quantifly 360 Website means the CirrioSoft website through which the quantifly 360 service can be accessed, at the following link: https://www.360.quantifly.si/
Services means quantifly analysis and quantifly 360 services as described in Article 4 of these Terms and Conditions.
Third Party Payment Service Providers means third party payment services used to pay for the quantifly 360 service as further defined in Article 6.
Third Party Trademarks means all other trademarks, registered trademarks, product names and company names or logos mentioned on the CirrioSoft websites.
4. Services
CirrioSoft offers two personnel analysis services: quantifly 360 and quantifly Analysis. Both include the following methods of personnel analysis: competence assessment, role identification, individual reports, morale assessment, identification of disruptive factors, review of company culture, identification of inconsistencies in the organisational structure and analysis of employee dynamics.
After the Client agrees to work with CirrioSoft and selects the Service, the Client sends CirrioSoft a list of Participants. CirrioSoft then sends questionnaires to the Client, which the latter sends to the email addresses of the Participants. The data for the analysis is captured by CirrioSoft through interactive digital questionnaires filled in by the Participants, whereby the names and surnames of the Participants are anonymised. Cirriosoft uses algorithms to process the collected data (without being able to identify an individual employee). To this end, trained Psychologists then interpret the results obtained. With the quantifly 360 Service, each Participant receives a written individual report on the results of the analysis that concerns them. In addition to the self-assessment, the individual reports show only the average score of all the assessors together, without mentioning the other Participants in the analysis by name. This concludes the quantifly 360 Service.
The quantifly Analysis Service also includes live individual interviews with Participants via video call (the number of individual interviews depends on the package chosen). CirrioSoft also collects the email addresses of the Participants. CirrioSoft Psychologists also prepare an in-depth report on the overall results of the analysis and at least five suggestions for improvement.
By ordering any CirrioSoft Service, you consent to the access, collection, storage and processing of Personal Data that you provide as Clients, as well as all Participants in the Services, in accordance with our Privacy Policy (as described in Article 8 of these Terms and Conditions). Ordering any Service constitutes the conclusion of a contract between CirrioSoft and you in accordance with these Terms and Conditions, and you agree that the performance of this contract requires the collection, storage and processing of Personal Data in accordance with the Privacy Policy. The Client undertakes to have or will obtain consent for the transmission, collection, storage and processing of Personal Data from each Participant to whom this Personal Data relates. By participating and using the Services, all Participants agree that the Client has full and unlimited insight into the Client Content.
5. Price of services
5.1 Price of the quantifly 360 Service
The quantifly 360 price list is published on the quantifly 360 Website.
5.2. Price of the quantifly Analysis Service
The price of the quantifly Analysis is published on the quantifly Analysis Website. The price is calculated based on the number of Participants, the number of levels of the report and the amount of psychologically interpreted results. There are a number of packages to choose from and the price of the quantifly Analysis Service, the content of the packages and the number of packages may vary in accordance with CirrioSoft's business model or otherwise at CirrioSoft's sole discretion.
5.3. General
The terms and conditions set out in the price list for the quantifly Analysis and the quantifly 360 Services are subject to change on the basis of individual contracts with the Client or are subject to special offers offered by CirrioSoft to Clients at its sole discretion.
CirrioSoft reserves the right to change the price list and payment terms, with any change taking effect from the date of publication of the new price list. In the event of a conflict between the provisions of these Terms and Conditions and the price list, the provisions of the latter shall prevail.
6. Payment
6.1 Payment for quantifly Analysis
Payment for the quantifly Analysis is made by bank transfer based on the issued invoice. Payment must be made according to the agreed schedule, as set out in the offer for each individual Client.
6.2. Payment for quantifly 360
Payment for the quantifly 360 is made by bank transfer based on the issued invoice. Payment must be made according to the agreed schedule, as set out in the offer for each individual Client.
We also use Third Party Payment Service Providers for quantifly 360. We currently use Stripe, Inc. as our Third Party Payment Service Provider. By processing payments through quantifly 360 on the quantifly 360 Website and clicking on any Third Party Payment Service Provider’s link available at the quantifly 360 Website, you acknowledge that you are no longer using our Services and that our Terms and Conditions, Privacy Policy, or any other documents provided by CirrioSoft are no longer applicable. At the same time, by using the Third Party Payment Service Providers’ services, you agree to be bound by all of the Third Party Payment Service Providers’ documents, including, but not limited to, the terms and conditions, the service agreement, the privacy policy, and other Stripe, Inc. documents, which are available at: https://stripe.com.
By using the Third Party Payment Service Providers’ services you consent and authorise CirrioSoft and Stripe to share any information or payment instructions that you provide to us or the Third Party Payment Service Providers to the minimum extent necessary to pay for and complete your transactions.
CirrioSoft shall not be liable for any payments, transactions or other operations you make with any Third Party Payment Service Provider. You agree and acknowledge that CirrioSoft's liability for such actions is excluded and you will defend CirrioSoft against any such claims.
We will do our best to notify you when you leave our websites or when you begin using any service or products offered by Third Party Payment Service Providers, but we may not always do so and may not always be able to do so due to the functionality and usability of our websites and Services. CirrioSoft shall not be liable for any such failure to the fullest extent permitted by applicable law.
6.3. General
You agree that payments made for CirrioSoft Services are non-refundable unless we choose to refund them, which is within our sole discretion.
To the fullest extent permitted by applicable law, we do not warrant or assume any liability for any disputes, chargebacks, charges, late payments, insufficient funds, expired cards, circumstances of force majeure beyond our control (including without limitation power failures, interruptions of CirrioSoft or third party services or otherwise) or other issues relating to transactions made through the applicable Third Party Payment Service Providers.
7. Access to services
Access to quantifly 360 is available to Clients who order the service on the quantifly 360 Website. Access to quantifly Analysis is provided to Clients who reach an agreement for a quantifly Analysis at a presentation meeting or otherwise with CirrioSoft and accept the prepared CirrioSoft offer. The meeting can be arranged by Clients on the quantifly Analysis Website.
When ordering Services, you will need to disclose to CirrioSoft some of your Personal Data, such as: your name, email address and information about the organisation you represent, such as the company name and the names of employees to be included in the personnel analysis. By placing an order, you guarantee that you have provided accurate and complete information and that you have all the necessary authorisations and consent to provide the Personal Data of the Participants.
In the event of any change to this information, the Client undertakes to notify CirrioSoft of the change immediately.
You can access the Services online using any compatible device that is web-enabled and has the appropriate hardware and software installed to support the use of the Services.
CirrioSoft reserves the right, at any time and at its sole discretion, to deny you the ability to order the Services or to suspend any operation until it has reviewed the information you have provided.
8. STATEMENT ON PRIVACY
By submitting Personal Data through our website or otherwise, you agree to our Privacy Policy (available at the following link: Privacy policy) and consent to the access, collection, use and disclosure of this information in the manner described in the Privacy Policy.
For information on how we collect, use, store and disclose some of your personal information, please read our Privacy Policy. You are aware that the Privacy Policy is an integral part of these Terms and Conditions. By using our websites and the Services, you agree to have read, understood and accepted the terms of the Privacy Policy.
The security of your data is important to us, but no method of transmission over the internet or method of electronic storage is 100% secure. Although we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee their complete security and assume no responsibility in the event of security breaches. We also cannot guarantee the complete security of your Personal Data in the event of hacker attacks or other intrusions into our systems. In the event of such intrusions or attacks, we assume no responsibility for the disclosure of your Personal Data.
9. Communication
By ordering the Services, you agree to receive emails from us. You agree that the notices and other emails we send you will comply with all legal requirements regarding communications, including the requirement that communication be in writing. We encourage you to save an electronic copy or print a physical copy of the electronic communications you receive from us.
You may also receive promotional emails from us, such as special offers, surveys, and other information we believe may be of interest to you. You can unsubscribe from such emails at any time by following the unsubscribe instructions provided in such email communications.
10. Guarantees of clients and participants
Clients and Participants declare and warrant that:
- you have the appropriate authority to use the Services on behalf of the employer or other organisation you represent;
- you will not use the Services for any illegal or other purpose that encourages criminal, fraudulent or other illegal activities;
- you will not intentionally disrupt or disturb CirrioSoft's Services and websites;
- you will not violate these Terms and Conditions or the instructions and policies related to the use of the Services;
- you will not interfere with or attempt to interfere with the use of the Services by any other person, Client or Participant;
- you will not use the Services to send or distribute viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of a foreign computer or property;
- you will not use the Services maliciously - that is, by intentionally restricting or disabling CirrioSoft Services or websites;
- you will not use the Services to share or publish content that does not comply with applicable law or general morality or is contrary to the law, your internal rules, or our Terms and Conditions;
- you will not attempt to modify the Services, copy the content or otherwise infringe the intellectual property rights of CirrioSoft or third parties through the Services;
- you will not share derivative content the sharing of which would infringe the material or moral copyright of third parties;
- you will not copy, modify, transform, replicate, or otherwise interfere with the source code of the Services.
11. Commitments of the client and the participants
As a Client or Participant, you agree to use the Services in accordance with these Terms and Conditions and CirrioSoft’s instructions.
You represent and agree that you are solely responsible for:
- your use of the Services;
- compliance with the terms of use of the Services, including the provisions of these Terms and Conditions;
- payment of the cost of Services and other fees for ordered and performed Services in accordance with the price list on the CirrioSoft websites;
- ensuring appropriate technical conditions for the operation of the Services and the smooth operation of the hardware, software, IT system and networks whose operation may affect its operation, including regular updates and upgrades of technical, hardware and software to meet the needs of the Services in accordance with CirrioSoft's recommendations;
- notifying CirrioSoft of any disruption to the Services.
12. Responsibility of the client and participants
The Client and the Participants accept liability and undertake to indemnify and hold harmless CirrioSoft, CirrioSoft's employees and officers, agents, affiliates, and third parties performing services on behalf of CirrioSoft, aa well as business partners of CirrioSoft from and against any damages, costs, and legal or administrative actions, including court and attorneys' fees, arising out of the Client's or the Participant's violation of the Terms and Conditions or the rights of any third party.
CirrioSoft reserves the right, which it may exercise at its discretion, to conduct its own defence in any matter subject to this Article. In such an event, the Client and the Participants undertake to cooperate with CirrioSoft in establishing any defence.
13. Links to third party sites
The Services may also provide Clients and Participants with access to third-party websites as well as product and service offerings.
We are not responsible for your conduct and actions on these third party platforms and websites. The latter have their own terms and conditions and privacy policy, so these Terms and Conditions and our Privacy Policy do not apply to them. Accordingly, we encourage you to read their terms and conditions and privacy policy carefully before using their services or ordering their products or providing your Personal Data to them.
14. Intellectual property
CirrioSoft's name, quantifly Analysis and quantifly 360, trademarks, logos and any other CirrioSoft product including reports made as part of the Services, as well as service names or slogans included in the Services are the property of CirrioSoft and may not be copied, imitated or used (in in whole or in part) without our prior written consent. The appearance and feel of our websites, including custom graphics, button icons, trademarks or works of art, are the sole property of CirrioSoft and may not be copied, imitated or used (in whole or in part) without our prior written consent. All other Third Party Trademarks on CirrioSoft's websites are the property of their respective owners, and the use of such Third Party Trademarks is for the benefit of each owner. The use of such Third Party Trademarks is for interoperability purposes only and does not imply any affiliation of CirrioSoft and its licensors with such companies or any endorsement or approval of such companies or its licensors or their respective products or services.
15. Client content
The Client and Participants agree that all transferable rights in any content created by the Client or Participants in the course of using the Services named Client Content shall be transferred to CirrioSoft. They also agree to grant CirrioSoft an unrestricted, exclusive and royalty-free right in all non-transferable rights to use, copy, store, publish, create derivative works from, and modify any Client Content, for the purpose of providing the Services and otherwise to operate, improve and maintain the Services. Client Content may be disclosed and retained by CirrioSoft solely for the purpose of providing the Service in accordance with these Terms and Conditions and applicable law.
16. Feedback
With these Terms and Conditions, you agree to grant CirrioSoft an unrestricted, non-exclusive and royalty-free right to use any suggestions, comments, ratings or other feedback you provide to us in connection with our Services for the purposes of publicity, commercial use and analytics. It is also in our sole discretion to disclose such feedback to third parties on a non-confidential or confidential basis.
17. Handling of personal data and confidential information
CirrioSoft expressly undertakes to protect the Personal Data and information disclosed to it by the Client or Participant and to prevent access to this information to third parties, except when requested by an authorised state body or by obtaining the express authorisation of the Client or Participant.
CirrioSoft employees, contractors and third parties who become aware of confidential information are also obliged to protect the confidentiality of the information.
CirrioSoft is obligated to enter into written non-disclosure agreements that will protect confidential information and Personal Data at least as well as it is protected by these Terms and Conditions before disclosing Personal Data and confidential information to persons who become aware of it.
CirrioSoft shall not use, disclose, copy or in any other way reproduce or publish Personal Data and confidential information for its own or anyone else's benefit without the written permission of the Client and the Participants.
CirrioSoft shall prevent third parties, contractors or its own employees from using, disclosing, copying or in any other way reproducing or publishing Personal Data and confidential information.
In the event of termination of business cooperation or withdrawal from business agreements or negotiations, CirrioSoft shall be obliged to return all materialised documentation to the other party without delay and at the latest within three days of receipt of a written request from the Client.
CirrioSoft further undertakes that it shall not use confidential information and Personal Data for the purpose of obtaining any personal benefit for itself or for third parties, except for the purposes set out in these Terms and Conditions.
18. Declaration of warranties and limitation of Cirriosoft’s liability
At CirrioSoft, we do our best to provide the best experience of our Services. However, there are some things we cannot guarantee.
BY AGREEING TO OUR TERMS AND CONDITIONS, YOU EXPRESSLY ACKNOWLEDGE THAT ACCESS TO OUR SERVICES IS AT YOUR OWN RISK, AND THAT WE PROVIDE OUR SERVICES "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO EXPRESS WARRANTIES AND CANNOT BE RESPONSIBLE FOR THE CONTENT, ACCURACY, COMPLETENESS, LEGALITY OR RELIABILITY OF OUR SERVICES. NOR SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND INCURRED AS A RESULT OF DOWNLOADING OR ACCESSING ANY INFORMATION OR CONTENT THROUGH OUR WEBSITES.
WE SHALL NOT BE LIABLE FOR ANY LOSS OF ANY KIND INCURRED AS A RESULT OF ACCESSING OUR SERVICES. NO ADVICE OR INFORMATION OBTAINED FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
CIRRIOSOFT DOES NOT WARRANT: THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE RESULTS YOU MAY OBTAIN FROM ACCESSING OUR SERVICES WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANYTHING YOU OBTAIN FROM OUR SERVICES WILL MEET YOUR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR CAUSAL DAMAGES THAT YOU MAY SUFFER, INCLUDING DIRECT OR INDIRECT LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, PRODUCTS OR SERVICES, DIMINUTION IN VALUE OR ANY OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CIRRIOSOFT SHALL NOT BE LIABLE FOR ANY CHANGES, UPGRADES OR FAILURE TO DEVELOP OR OFFER ACCESS TO THE SERVICES.
CIRRIOSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO THE DEVICE WITH WHICH YOU ACCESS THE SERVICES IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY OF ITS FUNCTIONALITY.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE MADE AVAILABLE TO YOU ACCESS TO OUR SERVICES AND THE TERMS AND CONDITIONS AND THAT THESE TERMS AND CONDITIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN US AND YOU AND ARE AN ESSENTIAL BASIS FOR ENTERING INTO A CONTRACT BETWEEN US AND YOU.
THE LAWS OF SOME COUNTRIES OR OTHER JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO ALL CLIENTS. DEPENDING ON THE LAW, SOME CLIENTS MAY HAVE ADDITIONAL RIGHTS.
19. Force majeure
CirrioSoft shall not be liable for any failure to take any action or perform any duty or obligation related to these Terms and Conditions if and to the extent that such failure is caused by events beyond CirrioSoft's reasonable control or Force Majeure. These events of Force Majeure include any provision of any present or future law, regulation, order or action; acts of war, hostilities, terrorism, riots and other civil commotions; natural disasters such as flood, fire, earthquake, tsunami or explosion, as well as epidemics or pandemics; strikes, work stoppages or other industrial disturbances; any attack or intrusion into, or denial of service, or any other attack on, the software, networks and infrastructure that enable us to provide our Services.
In the event of a Force Majeure event, we will use reasonable endeavours, in accordance with accepted practice, to notify you promptly of such an event and to attempt to resume our work as soon as reasonably practicable in the circumstances. We will also endeavour to minimise the effects of such Force Majeure events.
20. Transfer of rights and obligations
You may not assign your rights and obligations under these Terms and Conditions to any third party without CirrioSoft's written consent. CirrioSoft may assign its rights and obligations under these Terms and Conditions, in whole or in part, to a third party without the prior consent of the Client.
The third party to whom the Client’s specific rights or obligations are transferred shall be bound by these Terms and Conditions.
CirrioSoft may unilaterally transfer its rights and obligations under these Terms and Conditions to its contractual partners or affiliated companies.
21. Validity of terms and interpretation
The Terms and Conditions are supplemented by the legal order of the Republic of Slovenia. The Client and the Participants agree to resolve any dispute with CirrioSoft in connection to these Terms and Conditions or our Services amicably, provided that if no agreement is possible, the final decision in the dispute shall be within the exclusive jurisdiction of the court in Ljubljana.
If any provision of these Terms and Conditions is found to be either inconsistent with the law or otherwise unenforceable, such a provision shall be replaced by a valid and enforceable provision that is closest in effect to the intent of the parties. The remaining provisions of the Terms and Conditions shall continue to apply in such cases.
22. Questions
If you have any questions regarding the use of our Services, please contact us at:
CirrioSoft, a company for the development of web-based solutions for human resources management, Ltd
Ulica Ambrožiča Novljana 5
1000 Ljubljana
