The use of KLEESTO Services is governed by the following Terms and Conditions.
1. Introduction
“KLEESTO Services” or “Services” means cloud software solutions to manage travel services and bookings as well as all the additional solutions required to accommodate these services. Services and additional solutions may vary based on the Subscription Plan.
By clicking “Accept” and/or using the KLEESTO Services, the Terms and Conditions become a binding agreement between the User and KLEESTO. By accepting the present terms, the User declares that the User is aged eighteen (18) or over. In any other case, KLEESTO is not responsible for this use.
KLEESTO reserves the right to change the Terms and Conditions. In that case, the changed Terms and Conditions will be uploaded on the site. The User will be notified by email. The User’s continuing use of the KLEESTO Services is deemed the User’s unconditional acceptance of the changed Terms and Conditions.
KLEESTO reserves the right to change its Services to improve them, at any time. The changes will be uploaded on the site. The User is advised to check them periodically for amendments. The User’s continuing use of the KLEESTO Services is deemed the User’s unconditional acceptance of the changed Services.
2. Definitions
Confidential Information: see ar. 14 of the present
Data Processing Addendum (DPA): the agreement between KLEESTO and the User, regulating any personal data processing conducted for business purposes
Disclosing Party: each party disclosing Confidential Information to the other Party
Party: KLEESTO or the User (collectively referred to as “Parties”)
Personal Data or Data: any information that relates to an identified or identifiable individual
Pricing Agreement: the agreement between KLEESTO and the User, regarding the applicable fees as described in the User’s Account Menu available when logging in to the Services. It consists part of the Subscription Plan.
Receiving Party: each party receiving Confidential Information from the other Party
Subscription Plan: the agreement between KLEESTO and the User, where the Services are described and agreed upon.
Term: the initial term of use, as well as any renewal terms
Terms and Conditions or Terms: the present document
User: the person using the Services
User Account: the account created by the User to sign up and use the Services
3. Using our Services
The User of the Services is required to sign up and create an account (“User Account”) by inserting their e-mail (which will be used as username), their first name, their last name, their company’s address details, and by identifying a password. The User is solely responsible to provide any User content or information that may be necessary to use KLEESTO Services. The User shall ensure that all information provided to KLEESTO in connection with the User Account and use of the Services is at all times accurate, complete and up-to-date.
Data relating to the User ID, password, or any other information as part of our security procedures should be processed by the User as confidential, according to the present Terms, the Data Processing Addendum, and other KLEESTO policies. Therefore, the User should not make them further available to any third party. KLEESTO is not responsible for any losses resulting from or in connection with unauthorized use of the User’s Account.
4. Restrictions and Responsibilities
The User agrees at all times to follow these Terms and to use the Services only to the extent permitted by applicable law and regulations. The User will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation, or data related to KLEESTO Services; modify, translate, or create derivative works based on Services (except to the extent expressly permitted by KLEESTO); use Services for timesharing or service bureau purposes or otherwise for the benefit of a third; remove any proprietary notices or labels; reproduce, reprint, sell, rent or market the Services, or any part thereof, for any purpose.
The User agrees that when using the Services will not violate any applicable laws or regulations and will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
The User represents, covenants, and warrants that the User will use Services only in compliance with KLEESTO’s standard published policies then in effect, and all applicable laws and regulations.
KLEESTO reserves the right to prohibit any use of Services it believes may be (or alleged to be) in violation of the foregoing, or in case the use of Services or any other behavior of the User, deliberately or unintentionally, threatens the ability of the Services to run smoothly and in an unobstructed manner.
The User will be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). The User will also be responsible for maintaining the security of Equipment, passwords (including but not limited to administrative and user passwords), and files, and for all uses of User account or Equipment with or without User’s knowledge or consent.
5. Intellectual Property Rights
KLEESTO exclusively retains all intellectual property rights in all the Services provided herein, as well as all its Documentation, and all other procedures, functionalities, software, documentation, trademarks or distinctive signs, images, photographs, patents, utility and industrial models, drawings, graphics, text files, audio and video files, logical diagrams, flowcharts, orthographic mappings, codified sheets, codification, source codes or items, entries, test data and routine tests, and in any/all other intellectual properties of KLEESTO related to this Agreement. KLEESTO’s intellectual properties may not be modified, copied, altered, reproduced, adapted, or translated without express authorization from the owner of said intellectual property.
The User may not eliminate or in any way modify the copyrights, logos, or commercial trademarks included in the Services. No ownership of any intellectual property rights relating to the KLEESTO Services is assigned or transferred to the User.
The User recognizes that all KLEESTO’s intellectual properties related to the Services represent a substantial investment by KLEESTO and are of substantial value. Their value is protected under applicable trademark law, copyright law, decrees, directives, and ordinances. In the event of an actual or threatened breach of the Agreement that would diminish or impair their intellectual property value, KLEESTO shall be entitled to an injunction restraining the User from such breach and this shall be in addition to any other rights or remedies that KLEESTO may have.
6. Limitation Of Liability
Notwithstanding anything to contrary, except for death or bodily injury of a person, KLEESTO and its officers, affiliates, representatives, contractors and employees will not be responsible or liable with respect to any subject matter of these Terms and Conditions under any contract, negligence, strict liability or other theory: (a) for error or interruption of use or for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business; (b) for any indirect, punitive, exemplary, incidental, special or consequential damages arising out of, or in any way connected with our services, the documentation or use thereof, or these Terms; (c) for any matter beyond KLEESTO’s reasonable control; or (d) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by the User to KLEESTO for the Services in the one or twelve months (according to the User’s Subscription Plan) prior to the act that gave rise to the liability.
7. Indemnification
The User agrees to indemnify, defend, and hold harmless KLEESTO, its officers, affiliates, representatives, contractors, and employees against any claims, legal liabilities, damages, costs, and expenses (including attorneys’ and experts’ fees) arising out of any of them in respect of any breach of the present by the User or other members of the User’s close environment in connection with the use of Services by the User or them.
8. Warranty And Disclaimer
The User expressly acknowledges and agrees that the User’s use of Services is performed by the User’s sole risk and that the User resumes the risk of satisfactory quality, performance, accuracy, and effort. The Services are provided “as is” and as available, without warranties of any kind. KLEESTO and its officers, affiliates, representatives, contractors, and employees disclaim all conditions, warranties, representations, express or implied, including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, functionality, error, and non-infringement of third-party rights.
9. Third-Party Services
KLEESTO may from time to time recommend, provide the User with access to, and/or enable the User’s use of third-party software, applications, products, services, or website links (collectively “Third Party Services”). Such Third-Party Services are made available to the User only as a convenience and access or use of them is solely between the User and the provider of the applicable Third Party Services (“Third Party Provider”).
Any use by the User of Third Party Services is entirely at the User’s own risk and discretion and it is the User’s responsibility to read the terms and conditions and policies applicable to such Third Party Services. KLEESTO does not provide any warranties to the User with respect to any Third Party Services and is not responsible or liable to the User or anyone else for such Third Party Services. Under no circumstances shall KLEESTO be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, or any other damages or loss that result from any Third Party Services and the User’s contractual relationship with any Third Party Provider.
In case the User enables a Third Party Service for use with the Services, the User grants KLEESTO permission to allow the applicable Third Party Provider to access the User’s data and other materials and to take any other actions required for the interoperation of the Third Party Service with the Services. KLEESTO is not responsible for any disclosure, modification, or deletion of the User’s Data or other materials or for any losses or damages the User may suffer as a result of access by a Third Party Service or a Third Party Provider to the User’s Data or other materials.
10. Links to Third Party Sites
The links to other websites (“Linked Sites”) are not under the control of KLEESTO and KLEESTO is not responsible for the contents of any Linked Site, including but not limited to any link contained in Linked Sites or any changes or updates to a Linked Site. KLEESTO is providing these links to the User only as a convenience and the inclusion of any link does not imply endorsement by KLEESTO or any association with its operators.
11. Taxes and Duties
The User will be responsible for payment of all taxes and duties that may be levied now or in the future by any authority, following acceptance of the terms contained herein, regarding the procurement, use, or maintenance of the Services and/or any use of the Services, as well as taxes, duties and/or charges relating to the connection and use of the Internet. In case that any of the above taxes, duties, and/or charges are paid at any time by KLEESTO, the User will indemnify KLEESTO fully and at its request.
12. Fees and Payment Terms
The User will pay to KLEESTO the applicable fees described in the Subscription Plan the User has chosen for the Services (“Fees”). The description of the Fees is also available at the User’s Account Menu. Unless specified otherwise herein or in the Pricing Agreement, the Subscription Fees are payable in full and in advance, until the Subscription is terminated. If the User exceeds the limits specified in the Subscription Plan, the User will be billed for such usage and the User agrees to pay the additional fees in the manner provided herein or in the Pricing Agreement.
The User hereby authorizes KLEESTO and/or KLEESTO’S authorized agents, as applicable, to bill the User in accordance with the User’s Subscription Plan. The User agrees to pay the fees through the payment method stated in the Pricing Agreement. Invoices will be issued for each subscription term, either monthly or annually.
KLEESTO reserves the right to change the Fees or applicable charges and to institute new charges and Fees at the end of the Initial Term or then-current Renewal Term, upon thirty (30) days prior notice to the User (which may be sent by email). For existing Subscriptions, any price changes will be implemented in the next renewal Term.
KLEESTO is not responsible for charges that may occur in connection with the User’s payments, such as transaction fees and charges. Fees and charges are not refundable unless otherwise provided by applicable mandatory law or expressly stated herein.
13. Term and Termination
The subscription is valid for a period of one or twelve months, according to the User’s Subscription Plan, and shall renew automatically for a term equivalent in length to the then expiring term, unless terminated in accordance with these Terms.
For the purposes of these Terms, “Term” shall mean the term as well as any renewal terms.
The User may terminate the Subscription at any time, by raising a request for cancellation of the Subscription and ceasing all use of the Services. In case the User does not terminate the Subscription at least one day before the end of each Term, the User is obligated to pay the fees applicable for the next Term in full.
In addition to any other remedies, it may have, either party may also terminate this agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment) if the other party materially breaches any of these Terms. The User will pay in full for Services up to and including the last day on which Services are provided. Upon any termination, KLEESTO will make all User Data available to the User for electronic retrieval for a period of thirty (30) days, but thereafter KLEESTO may, but is not obligated to, delete stored User Data.
All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, indemnification, data security, and privacy, and limitations of liability.
14. Confidentiality
Confidential Information includes all non-public information regarding the business of one of the Parties (either the User or KLEESTO) received by the other party, including but not limited to features, functionality, and performance of Service, business plans, business methods, business opportunities, finances, development, know-how, personnel, customers, and other information such as the contents of any Pricing Agreement, the Services, and Services Data.
Confidential Information does not include (a) information that the party that owns the information makes generally available to the public, (b) information that either party can demonstrate had rightfully in possession prior to disclosure by the other party, (c) information that is independently developed by one party without the use of any confidential information of the other party, (d) information that one party rightfully obtains from a third party who has been given the right to disclose it by the other party to disclose it without confidentiality obligation, (e) information that is required to be disclosed by law or a court or other judicial or administrative body, provided that the Receiving Party notifies the Disclosing Party promptly and in writing.
Each Party receiving confidential information (Receiving Party) from the other Party (Disclosing Party) agrees to take reasonable precautions to protect such Confidential Information and to prevent any unauthorized use (except in performance of Services or as otherwise permitted herein), disclosure, or publication of Confidential Information to any third party, without prior written consent. The Receiving Party may disclose Confidential Information to its affiliates and/or contractors, provided that there is a need to know such Confidential Information and are bound by confidentiality obligations at least as restrictive as those herein.
The Receiving Party will return to the Disclosing Party all Confidential Information of the Disclosing Party and permanently erase all copies of such Confidential Information promptly upon the written request of the Disclosing Party.
The obligations under this Section shall continue to remain in force for a period of five (5) years after the last disclosure. The provisions of this Section shall supersede any non – disclosure agreement between the Parties entered prior to these Terms.
15. Personal Data
KLEESTO uses appropriate technical and organizational measures to protect User’s Data. KLEESTO and its sub-processors shall process Data, according to the applicable Data Protection Laws, and the Data Processing Addendum.
Notwithstanding anything to the contrary, KLEESTO will have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of Services and related systems and technologies (including, without limitation, information concerning User’s Data and data derived therefrom), and KLEESTO will be free (during and after the term hereof) to (i) use such information and data to provide the Services and respond to the User’s support requests, to improve and enhance Services and for other development, diagnostic and corrective purposes in connection with Services and other KLEESTO offerings, (ii) disclose such data solely in aggregate or other de-identified forms in connection with its business. No rights or licenses are granted except as expressly set forth herein and (iii) comply with the law or respond to lawful requests or legal process.
The definitions of this article shall have the meaning given in the GDPR.
16. Assignment
KLEESTO may assign, transfer, or sub-assign any or all of its rights and/or obligations under the present, without prior written consent and/or notice, if such assignment is made to a company affiliated with KLEESTO or to a special or universal successor of KLEESTO, through the purchase of part or all of its assets.
17. Applicable Law and Jurisdiction
The present is governed and construed in accordance with the laws of Greece. The Courts of Athens have exclusive jurisdiction in any dispute that may arise as a result or in connection with the present.
18. Force Majeure
Except for the payment obligations hereunder, neither Party shall be liable to the other for any delay or non-performance of its obligations hereunder in the event and to the extent that such delay or non-performance is due to an event of act of God, acts of government, flood, fire, earthquakes, technical failures, terrorist attack or other similar unforeseeable catastrophic event that prevents either Party from fulfilling its obligations under this Agreement and which such Party cannot avoid or circumvent. The Services may from time to time encounter technical or other problems and may not continue to be uninterrupted. KLEESTO is not responsible for any such problems or any damages resulting therefrom.
19. Miscellaneous
KLEESTO may communicate with the User via email or through the Services (through the User’s Account).
These Terms constitute the entire agreement between the User and KLEESTO regarding the subject matter hereof. These Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter hereof.
The User agrees that KLEESTO may provide the User with notices, including those regarding changes to these Terms, by email or through postings to the KLEESTO site. Any notice given by the User to KLEESTO shall be deemed properly given and deemed received when successfully delivered by email. Each communication and document made or delivered by one Party to the other shall be in English and/or Greek language.
If any provision of these Terms is found to be illegal, unenforceable, or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions shall be unaffected and remain in full force and enforceable.
