Terms and Conditions
SENTIENT SOLUTIONS LIMITED
TERMS AND CONDITIONS APPLICABLE TO SENTIENT’S SCOREBUDDY SERVICE
Access to the SaaS Service Scorebuddy, this Website and the use of information on it is subject to these Terms and Conditions. You should carefully read these Terms and Conditions.
By proceeding further and/or using the SaaS Services, you will be deemed to have accepted them.
“you” and “your”
|the person/entity that has purchased Sentient’s Scorebuddy Service and is using the SaaS Services;|
|“GDPR”||EU General Data Protection Regulation;|
|“Privacy Statement”||Sentient’s Privacy Statement;|
|Sentient’s Scorebuddy Service;|
|“Sentient”||Sentient Solutions Limited and its related companies and subsidiaries;|
|“Terms and Conditions”||this document; and|
1. Scorebuddy’s Uptime Commitment
a. Subject to the terms of these Terms and Conditions, Scorebuddy will use all reasonable endeavours to have a 99.5% availability each calendar month (the “Uptime Commitment”);
b. The availability of the Scorebuddys for a given month will be calculated according to the following formula (referred to herein as the “Availability”):
Where: Total minutes in the month= TMM; Total minutes in month unavailable = TMU; and: Availability = ((TMM-TMU) x 100)/TMM.
c. For the purposes of this calculation, each Scorebuddy will be deemed to be unavailable to the extent the applicable Sentient Scorebuddy servers will not accept connections. A SaaS Service will not be deemed to be unavailable for any downtime or outages excluded from such calculation by reason of the exceptions set forth below in these
2. Exceptions to the Uptime Commitment
a. The SaaS Services will not be considered to be unavailable for any outage that results from any maintenance performed by Sentient
(i) of which Customer is notified at least 24 hours in advance; (ii) during Customer’s implementation period; (iii) during Sentient’s then-current standard maintenance windows (collectively referred to herein as “Scheduled Maintenance”); or (iv) as a result of Customer’s request outside of the normally scheduled maintenance;
b. The SaaS Services will not be considered to be unavailable for any outage due to the Customer’s data or application programming, acts or omissions of Customer or its agents, failures of equipment or facilities provided by Customer, network unavailability or bandwidth limitations outside of the Sentient network;
c. The SaaS Services will not be considered to be unavailable for any outage due to issues arising from bugs or other problems in the software, firmware or hardware of Sentient’s suppliers; and
d. The SaaS Services will not be considered to be unavailable for any outage due to Force majeure events.
The configuration being provided under the SaaS Services is based on assumptions made by Customer and based on information provided by a Customer. As a result, Sentient will not be responsible for any outages or performance issues caused by inaccuracies in these assumptions, including equipment and software failures or performance problems caused by traffic volume or the number of concurrent user sessions.
3. Configurations Changes; Customer Supported Software
These Terms and Conditions are based on a standard configuration of the SaaS Services to provide the performance level contemplated by the Uptime Commitment in these Terms and Conditions. If Sentient notifies Customer that it has determined that Customer’s configuration is not suited to provide this level of performance, these Terms and Conditions will be suspended until Customer and Sentient agree upon and implement a new or modified configuration designed to provide this level of performance.
a. Customers will have the rights set forth below in respect of Sentient’s provision of the SaaS Services. The terms set out below provide a Customer’s sole and exclusive remedy for Sentient’s failure to provide the SaaS Services or meet the Uptime Commitment. All standards and commitments are subject to the limitations and exclusions set forth herein.
b. If the Availability of the SaaS Service for a given month is less than the applicable Uptime Commitment, but 99% or higher, the Customer will be eligible to receive a 10% service credit for the affected SaaS Services for such month. If the Availability of the SaaS Service for a given month is 98% or higher but lower than 99%, the Customer will be eligible to receive a 25% service credit for the affected SaaS Services for such month. If the Availability of the SaaS Service for a given month is lower than 98%, the Customer will be eligible to receive a 50% service credit for the affected SaaS Services for such month;
c. In the event that you are not current and up to date in your payment obligations when an outage occurs, remedies will accrue, but service credits will not be issued until your account is brought up to date in respect of your payment obligations;
d. To receive service credits, Customer must submit a written request to [email protected] within 30 days after the end of the month in which the Sentient failed to meet the Uptime Commitment, or Customer’s right to receive service credits with respect to such unavailability will be waived.
Customers will receive proactive notification of system availability, production issues, scheduled downtime and pending updates through alerts posted on the login page. Manned Support Hours are between 09:00 and 17:30 Mon-Fri GMT, support requests outside of these hours will be dealt with on a best endeavours basis.
Support Contacts: Email [email protected]
Telephone: +353 1 4100892
6. Limitation of Liability
a. Sentient does not accept any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of use of this website, including but not limited to any electronic mail messaging and internet communication that may arise from, in the course of or pursuant to such use; and/or reliance on the information contained in this Website, whether: downloaded or not; or whether authorised or not.
b. In no event shall Sentient be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, goodwill data or data use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, any of Sentient’s products or any content provided on or through the any of Sentient’s products, including the SaaS Service.
7. Access to and Use of the Software
a. Your access to our SaaS Services software must be in accordance our Terms and Conditions. You agree not to use or interfere the Software or Sentient’s website in a manner which could damage, disable, disrupt, overload or impair the software or the Sentient website.
c. You agree not to attempt to use of access the Sentient Website or SaaS Services software in any unauthorised manner without Sentient’s express written permission.
d. You agree not to use the Sentient Website or SaaS Software for any unlawful, illegal, illicit or prohibited purposes.
e. You agree not to (i) misuse the SaaS Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful (ii) attempt to gain unauthorised access to the SaaS Services, the server on which our App is stored or any server, computer or database connected to the SaaS Services (iii) attack our SaaS Services via a denial-of-service attack or a distributed denial-of-service attack. Sentient will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the identity of any persons who contravene this section to them. In the event of such a breach, your right to use the SaaS Services will cease immediately.
8. Privacy Statement
Sentient will use your personal data in the manner set out in its Privacy Statement. However, in the event of a conflict between the Privacy Statement and these Terms and Conditions, the Terms and Conditions shall prevail.
9. Waiver & Severability
Any failure of Sentient to exercise or enforce any rights or provisions in these Terms and Conditions shall not constitute a waiver of such right or provision. If any part or provision of these Terms and Conditions is found to be unenforceable, such part or provision may be modified to make the Terms and Conditions as modified legal and enforceable. The balance of these Terms and Conditions shall not be affected.
10. Governing Law and Jurisdiction
Information appearing on this Website or via the SaaS Services is provided in accordance with and subject to the laws of the Republic of Ireland and the laws of the Republic of Ireland govern the conduct and operation of this website. The courts of the Republic of Ireland have exclusive jurisdiction over all claims or disputes arising in relation to, out of, or in connection with these Terms and Conditions, the information contained on this Website or via the SaaS Services, and any use made of that information. Any such claims or disputes shall be resolved in accordance with the laws of the Republic of Ireland.
Email communications may be sent to you by Sentient in connection with the SaaS Services. By providing your email address, you consent to our use of this email address for sending operational communications to you via email in respect of the SaaS Services and not for marketing purposes.
Sentient may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Sentient service primary account holder account or by placing a prominent notice on our site.
You retain the right to access, amend, correct or delete your personal information where it is inaccurate at any time. To do so, please contact: support
The information on this page is correct as of:22nd May 2018