Table of contents:
Terms and Conditions
These Terms and Conditions (hereinafter called “Terms”) are effective as of the date on which the user accepts the agreement, hereinafter referred to as (the “Effective Date”) between User (hereinafter referred to as “User”), and
1. General Terms
The Company provides its services to the User under these General Terms. These services include both free and paid offerings under the software-as-a-service (SaaS) model available on the webbsc.com website, as well as on the bscdesigner.com website, all under the “BSC Designer” brand.
- User represents and acknowledges that they have read the Terms, and agree to honor these Terms, and that the information the User provides the Company is accurate, complete, and is within the User’s right to use.
- If User is entering into these Terms on behalf of a Company or another legal entity, User represent that User have the authority to bind such entity and its affiliates to these Terms, in which case the terms “User,” shall refer to such entity and its affiliates.
- These Terms constitute a binding contract between User and the Company, and User acknowledges that these Terms govern the User’s use of the Company.
- The Company reserves the right to modify these Terms at any time. Registered users will receive notice of any significant changes at least 30 days before they take effect and will have the opportunity to consent to or reject the new terms. Should a registered user reject the new terms, their subscription will not be renewed; however, they shall retain access to the Site until the conclusion of their current paid subscription period. Users on the free plan who reject the new terms will retain access to the Service for an additional 30 days from the date of rejection. Unregistered users are advised to review the Terms periodically for updates. Continued use of the Service after changes become effective constitutes acceptance of the new Terms. Users may contact support to address concerns about changes.
2. Grant of Rights
Subject to User compliance with the terms and conditions, the COMPANY grants User a limited, non-exclusive, non-transferable right to use the SaaS product available at webbsc.com and any content and materials made available in connection with the use of the Services, solely for the User’s internal business operations and non-commercial, informational purposes.
Users may not sell, resell, license, sublicense, distribute, or otherwise make available the content and materials to third parties for commercial gain, except as otherwise expressly permitted by the COMPANY in writing or as provided in additional terms applicable to a particular Service or any instructions for use that the COMPANY may provide from time to time.
Additionally, any content and materials available on bscdesigner.com are provided for non-commercial, informational purposes only. Users may not use, reproduce, or distribute the content and materials from bscdesigner.com for commercial purposes without explicit permission from the COMPANY.
3. How My Information Is Used
- Opt-In. By creating an account, User consents to the tracking, collection, use, and sharing of data as outlined in our Privacy Policy, solely for the purpose of providing and improving our services. Users have the right to withdraw consent at any time and manage preferences for promotional and third-party communications through their account settings. The Company complies with applicable data protection laws regarding the processing of personal data.
- Updates. User must provide and keep the e-commerce partner up-to-date with accurate information, including name, address, credit card number, and expiration date (where required). The Company does not handle or store payment information directly. Any updates to payment information should be made through the e-commerce partner’s platform. (See “Payment Processing”). All personal information provided during registration or otherwise is subject to our Privacy Policy. (See “Privacy Policy”)
- Retention. The Company may terminate access to a User’s account for unlawful or unauthorized use. Users will be notified and given an opportunity to resolve the issue before termination. User data will be retained for at least 30 days after termination, during which Users can request data retrieval. Law-abiding accounts will not be terminated without just cause.
4. Changes to Website, Software and Services
COMPANY reserves the right to modify or remove the Website, or any part of it, with reasonable notice to users. The Company is not liable for any changes or removals. The Company may alter, discontinue, or remove software, services, or promotions, with reasonable notice to users when possible.
5. Support and Features
- Support Services. The type of support services included with your subscription is detailed on our ordering page. By subscribing to our services, you agree to the terms of support as outlined in the public offer available at https://bscdesigner.com/buy-bscdesigner. Support services may include but are not limited to technical assistance, troubleshooting, customer service inquiries, and training. For specific details on the level and type of support included with your subscription plan, please refer to the ordering page.
- Included Features. The specific features and functionalities provided with each subscription plan are detailed on our ordering page, available at https://bscdesigner.com/buy-bscdesigner. Users are advised to review the ordering page to understand the full extent of services and capabilities included in their selected subscription plan. This includes, but is not limited to, access to software modules, usage limits, and any additional resources or tools provided by the Company. The features outlined on the ordering page constitute an integral part of these Terms and Conditions.
6. Warranties
- The website and all content are provided on an “as is” and “as available” basis. The Company disclaims all warranties to the fullest extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- The Company does not guarantee that the Company and content are accurate; error-free; free of viruses; or any other harmful As with any Company a User may enter, caution should be used in the use of any content or materials. User will be solely responsible for any damages to User’s device or computer, or other harm.
- The Company excludes all liability for damages arising out of or in connection with your use of this Company to the fullest extent permitted by applicable law. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer systems, and programs and the data thereon or any other direct or indirect, consequential, and incidental damages. These exclusions do not apply to damages caused by gross negligence or willful misconduct.
7. Third Party Companies and Content
Handshake Contact Sharing may provide access to third party content, such as User-generated reviews, other content submitted by Users of the Services, and links to third-party websites. COMPANY does not:
- Undertake any obligation to review, screen, or investigate materials or other information submitted or otherwise provided by third parties (including other Users) in connection with the Services;
- Undertake any obligation to review, screen, or investigate third parties who provide links to their websites (or the websites of other third parties) or the content of any such websites; or
- The Company is not responsible for any third party materials or other information, including whether the information is accurate or suitable or available for Users’ use, for the performance or operation of any third party websites, for any products or services advertised or sold by any third party (including on or through a third party’s websites), or for any other action or inaction by any third party.
- Use of any such third party websites will be subject to those terms to which User and the third party agree.
- User assumes all risks arising out of or resulting from any transaction of business over the Internet, and User agrees that Company is not responsible or liable for any loss or damage resulting from use of third-party content, websites, or services.
8. Indemnification
User agrees to indemnify and hold harmless the Company and its affiliates from any reasonable and foreseeable damages arising from unauthorized downloading or duplication of content and any violation of these Terms or applicable law. This includes, but is not limited to, losses, fines, penalties, and legal fees.
9. Intellectual Property Rights
All Intellectual Property Rights on this website and its materials belong to the COMPANY or its licensors. Users may only copy, distribute, or reproduce content as necessary for accessing and using the website and its services. BSC Designer and the BSC Designer Logo are trademarks which belong to COMPANY and they may not be used, copied or reproduced in any way without written consent from COMPANY.
For these purposes “Intellectual Property Rights” includes the following: any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered and registrations of and applications to register any of them.
10. DMCA Policy
The Company respects the rights of others. If a User believes any content available through the Services infringes one’s rights, User must submit a complaint through our https://bscdesigner.com/support. Please read our DMCA Policy.
11. Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.
12. Payment Processing
The payment for the services provided by the Company shall be processed through the Company’s designated e-commerce partner, PayProGlobal (https://payproglobal.com). All transactions executed via PayProGlobal are subject to the terms and conditions stipulated by PayProGlobal.
13. Refund Policy
Customers are entitled to request a refund within thirty (30) days from the date of the initial purchase of the product. This refund policy is applicable solely to the first subscription payment. For other payments, users may contact customer support to address specific issues and request refunds on a case-by-case basis.
We encourage customers to take advantage of the free plan offered prior to purchasing a subscription, to fully evaluate the service and ensure it meets their needs.
14. Governing Law
The validity, interpretation, and performance of these Terms shall be governed by the laws of the Czech Republic without giving effect to the conflicts of law’s provisions or principles thereof, except where overridden by mandatory local laws. Any disputes arising out of or in connection with these Terms shall be resolved through negotiation and mediation. If the dispute cannot be resolved through mediation, it shall be submitted to the competent courts in the Czech Republic.
15. Contacts
By providing an email address, User agrees that the Company may send emails related to the Services. If User does not wish to receive general marketing emails, User may opt out by following the instructions in the message. The Company may send any legal notices via email, notification by a message to User account or regular mail. To give legal notice to the Company, send written communication to https://bscdesigner.com/support.
DMCA Notice
Notice of Copyright Infringement
If you believe that any Content or Submission on the Site has been used in a manner that infringes upon your copyrights, you or your authorized agent may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- (a) An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- (b) Identification of the material that is claimed to be infringing or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on the Site;
- (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Company to locate the material;
- (d) Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number or e-mail address;
- (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Privacy Policy
COMPANY recognizes that its customers, visitors and users, want to know our policy on privacy. COMPANY provides this Privacy Policy hereinafter referred to as (“Policy”) to help you make an informed decision about whether to use or continue using the COMPANY Services. This Policy governs the manner in which COMPANY collects, uses, maintains and discloses information collected from you hereinafter referred to as the (“User“) of the COMPANY services. This privacy policy applies to all products and services offered by COMPANY.
1. Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities. Anytime user can submit a request to withdraw consent to the processing of the personal data. Anytime user can receive the personal data in a structured format.
2. Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service provider’s utilized and other similar information.
3. Web browser cookies
Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.
4. How we use collected information
COMPANY may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
5. How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
We are dedicated to securing your sensitive data through the implementation of a cybersecurity program. This program among other practices includes:
- Multi-factor Authentication. We employ multi-factor authentication to ensure an additional layer of security for accessing your personal information, username, and password.
- Regular Vulnerability Testing. Our systems regularly pass vulnerability testing to identify and address potential security weaknesses, minimizing the risk of unauthorized access or data breaches.
- ‘Least Privilege’ Practice. We follow the principle of least privilege, ensuring that individuals only have access to the information necessary for their specific roles, reducing the likelihood of unauthorized disclosure.
- Data Encryption in Transit and at Rest. To protect your information during transmission and storage, we use industry-standard encryption protocols, protecting against interception or unauthorized access.
- Intrusion Prevention and Detection System. Our systems are equipped with intrusion prevention and detection mechanics to proactively identify and mitigate attempts of unauthorized access or malicious activities.
- Cybersecurity Awareness Training. Our team undergoes regular cybersecurity training to stay informed about the latest threats and best practices in mitigation.
We continually review and update our cybersecurity measures to adapt to emerging threats and technological advancements.
6. Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
7. Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.
8. Changes to this privacy policy
COMPANY has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.
9. Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
10. Contacting us
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. If you have any questions about our privacy practices or this policy, contact us at https://bscdesigner.com/support.
Service Level Agreement (SLA) for BSC Designer
1. Overview
The Service Level Agreement (SLA) outlines the expected performance and availability of the services provided by Kitonik s.r.o. under the “BSC Designer” brand. This SLA forms part of the overall Terms and Conditions governing the use of the Company’s services and is applicable to paid subscriptions.
2. Service Description
The BSC Designer provides users with access to scorecards and associated data for strategic planning and performance measurement purposes.
3. Service Availability
3.1 Uptime Guarantee
The Company commits to ensuring that the BSC Designer will be available and operational 99.9% of the time, calculated on a monthly basis, excluding scheduled maintenance periods. Uptime is measured as the percentage of time the service is accessible to users.
3.2 Downtime Definition
Downtime excludes scheduled maintenance and is defined as any period during which users are unable to access the BSC Designer due to technical errors on the platform side.
4. Scheduled Maintenance
Scheduled maintenance will be communicated to users at least one week in advance and will typically be performed outside peak usage hours to minimize user impact.
5. Performance Metrics
5.1 Critical Functionality
Users must have uninterrupted access to the platform to both view and modify scorecards and associated data. If uptime falls below 99.9% in a calendar month, clients will be eligible for service credits equal to the percentage downtime experienced below the guarantee.
5.2 Response Time
Support requests will receive initial responses based on priority:
- High Priority: Issues that prevent users from accessing critical functionalities of the platform, severely impacting their ability to perform essential tasks. Response within 1 hour.
- Medium Priority: Specific issues or errors affecting certain functions or processes within the platform, but not affecting overall accessibility. Response within 4 hours.
- Low Priority: General inquiries, feature requests, or questions related to platform usage that do not affect immediate functionality. Response within 24 hours.
These response times apply during standard business hours (Monday to Friday, 9 AM to 5 PM, in the London timezone).
6. Disaster Recovery
6.1 RTO (Recovery Time Objective)
In the event of a service outage, the target recovery time is within 2 hours for critical services.
6.2 RPO (Recovery Point Objective)
Data restoration will be performed up to 24 hours prior to the incident.
7. Data Security and Privacy
Various security measures are implemented to safeguard user data, including:
- Multi-factor Authentication
- Regular Vulnerability Testing
- Least Privilege Principle
- Data Encryption (in transit and at rest)
- Intrusion Prevention and Detection Systems
- Cybersecurity Awareness Training
8. Incident Management
Incidents reported undergo thorough analysis by a first-line team to confirm and replicate the issue. If unresolved, incidents are escalated to developers according to their priority. Resolution timelines are determined based on the severity and impact of the incident. Following resolution, ongoing continuous improvement processes examine the root cause of the incident and enact preventive measures to mitigate the risk of recurrence.
9. User Responsibilities
To facilitate timely support and resolution, users are required to:
- Provide accurate and complete information when reporting incidents.
- Cooperate with support personnel during incident resolution.
- Maintain their systems and environment as per the Company’s recommendations.
10. SLA Exclusions
The SLA does not apply to any performance issues:
- Caused by factors outside of the Company’s reasonable control.
- Resulting from any actions or inactions of the User or third parties.
- Resulting from User’s equipment, software, or other technology.
11. Remedies
In the event that the Company does not meet the service availability commitment, clients will be eligible for service credits equal to the percentage downtime experienced below the guarantee.
12. Termination Clause
Either party may terminate this SLA with a 30-day written notice if:
- Uptime falls below 99.9% in two consecutive months.
- Critical functionality is compromised for more than 48 hours without resolution.
Upon termination, the provider will facilitate the secure retrieval or transfer of client data in a mutually agreeable format.
13. Jurisdiction
Data associated with the BSC Designer service is stored and processed in compliance with data localization requirements. Regional droplet selection options are available in the US, Canada, Europe, Singapore, India, or Australia, allowing users to choose where data is stored to ensure adherence to regional data privacy regulations.
14. Amendments
The Company reserves the right to modify the SLA at any time. Users will be notified of significant changes at least 30 days before they take effect.
BSC Designer is strategy execution software that enhances strategy formulation and execution through KPIs, strategy maps, and dashboards. Our proprietary strategy implementation system guides companies in practical application of strategic planning.