Licenses Terms

Licenses to optimise the way you access our solutions. All you need to know about our licenses...

1. What are OptimaSys Product Licenses

The OptimaSys Products are licensed to licensees on an individual bases or based on blocks of licensees. A license in general is paid for upfront, for a month or a year (which then carries an 8% discount) and are valid for the prepaid period and the corresponding quantity. A Freemium licensee is a trial licensee for which maximum only one such licensee license per organization is provided. Every licensee accessing any of the OptimaSys Products must possess an active license. Licenses may not be shared between different persons.

2. Object of the licenses contract

Both parties being to conclude a CONTRACT LICENSE TO USE SOFTWARE IN CHARACTER OF SUBSCRIPTION, called OPTIMA-CRM, under which the OptimaSys grants the the licensee to use the software called OPTIMA-CRM, in character subscription in exchange for a monthly fee (unless for a Freemium license for which the fee is zero).

This license with character subscription is not a sale of the SOFTWARE or any of the rights which OptimaSys holds on it, but simply a license to use it, so the licensee cannot resell or transfer it to third parties, rent, lease or lend the product.

The computer program under the licenses terms consists of a content management system and online marketing tools.

3. What’s included in all licenses

All our licenses include a series of elements vital to your project and business. In addition, certain licenses types come with even more advantages. These are the standard elements for all license types:

  • No start-up costs;
  • Unlimited properties, contacts, transactions, photos;
  • Each photo can be as large as 25 MB;
  • Training is included, both for system configuration and best-use of the solution;
  • Functional & personal support during Spanish business hours and in various languages and via various mediums;
  • Technical support via tickets, phone, chat, in person, TeamViewer, etc.;
  • Participation in the future evolution and development of our solutions;
  • All future updates and improvements of the contracted Products.

4. Use of licenses

OPTIMA-CRM can be used by the licensee in character subscription through facilitation by OptimaSys of a password, along with a brief explanation of its use and test operation, not including any concept of civil work.

a) The licensee undertakes to use the products of OptimaSys in a computer system owned or used exclusively used by him or his employees, or by external employees or contractors under the control and responsibility of the licensee.

b) The licensee agrees that when having certain licenses with other systems, such as systems for real estate or other information that communicate with OPTIMA-CRM (example Resales Online, Infocasa, Inmobalia, etc.), must instantly inform OptimaSys of any modification or termination of the ownership or use of such licenses.

c) Licenses to third party solutions are never included in the license cost of Optima-CRM or other Products. This includes but is not limited to the Factiva Dow Jones subscription.

5. Licenses must stay current

Licensee noncompliance in paying a single monthly fee will result in the immediate suspension of the use of the license, as well as its use and maintenance warranty and all the rights specified in this contract.

The non-payment of two or more instalments shall entitle OptimaSys to proceed to the full resolution of the contract, and OptimaSys must inform the Licensee within one month after the first failure. If the Licensee then proceeds to continue payments of monthly fees, the license and service would resume automatically.

The duration of the license will be indefinite, while the payments are being made, and until the parties determine.

Invoices not paid on the dates foreseen for causes not attributable to the company, will accrue a legal interest and will have the consideration, for all legal purposes, of unpaid, certain, liquid and enforceable debt.

In case the Licensee does not declare by any means the desire to end the contract, it will be understood that the contract is valid and will continue generating invoices.

All license periods are monthly; in no case will they be prorated per days.

Optima-CRM contains a function through which it is possible to have a record of all the accesses made into the platform by the Licensee, through which it will be understood that the client continues to be a Licensee of the SOFTWARE.

In case of non-payment, besides the paid invoices, the Licensee will be obliged to pay a legal interest of two percent on each corresponding invoice, as well as the expenses caused by the non-payment of the unpaid amount, without prejudice to the rest of the consequences aimed at obtaining the total payment that was not made.

OptimaSys may modify the monthly fee only once a year, with a limit of 10% of the same at each increment, the LICENSEE will be notified at least fifteen calendar days in advance.

6. Exceptional pausing of licensee licenses

Occasionally and under special circumstances, licensee licenses can be put on hold for a maximum period of 6 months, during which the license fees are discounted 60%, whereas the licensee continues payments at regular monthly intervals of 40% of the usual cost. During this period, no access to Optima-CRM will be possible yet the connected services such as websites will continue to be fed from the Optima-CRM agency. No reactivation fees apply within this period. After maximum 6 months, and without the need of any communication, the normal license fees resume while normal licensee access is restored. 

7. Non-exclusive character of user licenses

Licensee licenses are granted NON-EXCLUSIVELY.

a) The licensee, once received access to the program must, within 30 working days of receipt of the access, state in writing to OptimaSys compliance of the program and the technical operating specifications. If after this term, the licensee has not given their consent to OptimaSys, it means that the program has been accepted.

b) The LICENSEE will have access to the program and its updates using an access code. Each LICENSEE needs to use its own code and any code cannot be shared with other person(s).

c) The LICENSEE can use the PROGRAM anywhere an internet connection is available, provided they access it personally, accounting for use by staff of LICENSEE’s company. Any act or use of the system made by LICENSEE staff at all times remains the responsibility of the LICENSEE.

d) LICENSEE breach of the conditions of use of the assigned license program will result in the immediate termination of the contract and the payment of appropriate compensation for damages that may be caused to OptimaSys.

e) With a continued use of the system, it will be understood that the LICENSEE is satisfied with it.

8. What are individual licenses

These are licenses that are contracted individually for the desired number of licenses. The main advantages of an individual license are:

  • can be combined with block licenses to add one or more licensees without upgrading to the next block of licensees up;
  • commitment is only 1 month.

Individual licenses have some downsides, such as cost per unit which is higher than the average licensee price in any of the user block licenses, and without combining them with a licensee block license, they limit somewhat the flexibility of what’s possible:

  • Exclude modules like Holiday Rentals & Commercial/Industrial properties;
  • Not possible to contract our extensions YoVendo, Alquilo-Yo, Co-Broking, Optima-WOW, YoInvierto,…;
  • Limited importation of properties from other agencies;
  • Tailormade reports;
  • No personal consultant assigned;
  • Free support of data migration from other systems.

9. What are user block licenses

These are licenses that allow a number of persons to use the solution at a reduced per-licensee rate, and with access to all the functions and to contract any of the Optima-CRM extensions. Commitments is 12 months. In addition to general elements included for all license types, user block licenses benefit from these extra advantages:

  • Usage of ALL Optima-CRM modules (including Holiday Rentals and Commercial/Industrial properties module);
  • Possibility to contract any of the Optima-CRM extensions (e.g. YoVendo, Alquilo-Yo, YoInvierto, Co-Broking, Optima-WOW,…);
  • Reports made-to-measure;
  • Unlimited import of properties from external sources;
  • Data conversion from old system included at zero cost;
  • Personal consultant assigned.

10. What is a Freemium license?

A Freemium license is a trial license that any non-existing client can use to try out the power of our solution, at zero cost and for an unlimited time. This license type includes many of the functions of our solution and excludes others. It also limits the number of properties and contacts that can be created/stored in the agency. A Freemium licensee can at any time upgrade to a paid license (individual or licensee block license), providing full access to the benefits and functions of the solution as described above in their respective sections.

11. Protection of information in the Optima-CRM database

About the proper use of the data in the database belonging to the licensee:

a) OPTIMASYS has the obligation to perform regular backups of the databases of the licensee and save them in order to protect information belonging to the licensee.

b) OPTIMASYS has the obligation to facilitate extraction of the database to the licensee within reasonable periods when the licensee requests this in advance with due notice.

c) OPTIMASYS may not use to their advantage or that of third parties, or facilitate to other people other than the licensee, any information belonging to the same data.

d) OPTIMASYS and the licensee are subject to the GDPR requirements stipulated in the General Data Protection Rules.

12. Maintenance and technical assistance service

1. Maintaining of the license means that if there is any fault, provided the faults are not due to misuse or negligence of the licensee, OptimaSys shall produce a correction or solution. To this end, OptimaSys undertakes to give to the licensee the PROGRAM services support via telephonic technical support, or via internet during the term of the contract.

2. Not covered by the warranty are errors in the program caused by manipulation by personnel outside OptimaSys nor any other errors resulting from improper use of the program.

3. OptimaSys is not be liable for loss of any data that the licensee may suffer.

4. OptimaSys will provide the licensee with up to two training sessions on the use of the system, included in the price of the license. Additional sessions can be obtained at an additional cost.

13. Intellectual property

1. The licensee recognises the rights of intellectual property and, where appropriate, the industrial rights, of OptimaSys on the licensed software as well as the legal copyright, patents, trademarks, user manuals, trade secrets and any another other rights that may arise pursuant to this contract, including any information or documentation that OptimaSys may provide the licensee.

2. Because of the confidential nature of the PROGRAM, the licensee is obliged not to sell, rent, disclose, publish or otherwise make available to third parties the PROGRAM or any confidential information related thereto. The licensee acknowledges and declares that the PROGRAM supplied by OptimaSys and any copy thereof is and will remain the property of OptimaSys.

The licensee also undertakes not to generate any dumped content, including information retrieval of systems, without the express permission of OptimaSys, except for the USER’s or their employee own use and needs.

3. The licensee will also be responsible for the breach of these obligations by its employees or third parties’ negligence and access provided by the licensee.

4. The parties refer to the current Intellectual Property Law for all matters not covered in this contract.

5. The licensee is responsible for sending emails that are in breach of the Law 34/2002 of 11 July, services of corporate information and electronic commerce and its applicable law.

6. Data entered by the licensee are not part of the intellectual property and, therefore, remain the property of the licensee.

14. How to contract licensee licenses

You can contract online or offline with us. This can be done via email at info@optima-crm.com or by contracting online at https://my2.optima-crm.com/register. More information about our solution is available via https://optima-crm.com.

15. How to contact OptimaSys with questions

If you have questions about this Policy, you can contact us as described below. 

The data controller responsible for your information is OptimaSys Group Spain, which you can contact online or by writing to:

OptimaSys Group Spain S.L.
Calle Alfredo Palma 10
29603 Marbella, Málaga
Spain


 Date of last revision: 7 July 2020