EURA

Introduction

End User Rights Agreement or EURA (hereinafter referred to as 'Agreement') is established & displayed when You access Andal Software's software and/or services for the first time either on iOS or Android. This agreement contains the rules for using the software including updates, upgrades, and changes made. Additional third party terms may apply to the use of certain features. If this agreement contains provisions for features or services that are not available on Your device, then those regulations do not apply. We reserve the absolute right to change, delete, and/or add new terms to this agreement from time to time. We also reserve the right to change, remove, add and/or upgrade any features of the software. 
We assume You have agreed to this agreement if you continue to use the software. You agree that You have read, understood, accepted, and agreed to and are legally bound by this agreement.

IMPORTANT - READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.

BY CLICKING THE AGREEMENT BOX BELOW, YOU CONFIRM IF YOU AGREE TO THIS AGREEMENT COMPLETELY AND UNCONDITIONALLY. IF YOU AGREE TO THIS AGREEMENT ON BEHALF OF ANOTHER LEGAL ENTITY, THEN YOU SHOULD BIND THAT ENTITY AND ITS AFFILIATES TO THIS AGREEMENT.
YOU MAY NOT USE THE SOFTWARE IF YOU DO NOT AGREE TO THIS AGREEMENT.

Definition

Affiliate” an entity that directly or indirectly controls or is under control of the subject entity.

"Software" iOS/Android “Software” application named Andal Connect & Andal Kharisma which is provided to You for installation & use on Your device as long as it complies with this agreement.

Data” means all electronic information provided directly by You through the software.

User” is any registered individual who uses the software.

We” means the company named Andal Software that governs this agreement as well as the software provider named Andal Connect & Andal Kharisma.

“You” means the company or other legal entity that accepts, understands and agrees to this including affiliates of such company or legal entity.

License to Use The Software

You are given a non-exclusive right to use the software, including downloading and accessing the software for Your business operations without Our warranty and liability towards any problems that may arise as a result of using the software. You are prohibited from copying, engineering, disassembling, modifying, attempting to obtain source code, or creating derivative works of the software.

Maintenance

We provide support to users who use our software by providing assistance services at 09.00-16.00 West Indonesia Time (UTC+07:00) from Monday-Friday except national holidays. Any requests for assistance can be sent to the email address support@andalsoftware.com or via the ticket system on our website at  https://support.andalsoftware.id. Through the available help service website, software users can send problems they face. Requests for assistance can be made at any time, but response is not available outside the hours of assistance listed above.

Termination & Its Effect

The agreement and license granted under this agreement will expire, if: 1) File a bankruptcy application / file for bankruptcy by a creditor / make an agreement to transfer Your assets for the benefit of the creditor, 2) Violate or fail to fulfill the obligations written in this agreement (including payment invoices), 3) Violations committed are not corrected within 30 days after written notification of such violations, 4) You corrupted the copy of software.

Service & Limitation of Liability & Its Effect

In order to make operational activities easier, We make the software system available & accessible twenty four (24) hours every seven (7) days of the week. If the software system is paused for software updates, We will notify You and will perform system upgrades outside of business hours. Meanwhile, improvements that We make periodically do not rule out the possibility of errors or device failures. We do not guarantee that the use of the software is error-free. 

The software You use is subject to limitations such as the availability of digital file storage space or other limitations. We will perform software upgrades periodically.

We provide Our software services subject to applicable laws and government regulations in accordance with Our domicile. We are responsible for the protection of Your data both digitally and physical documents. We do not change and disclose Your data to third parties or any party unless We are instructed by You to do so or required to do so by law. We also do not access Your data unless for the purpose of providing support or for other purposes stated in the Privacy Policy. If there is a violation related to Your data that is illegal and not in accordance with the agreement, then We will immediately notify You.

The software or services You use are Our copyright, trade secret, proprietary and confidential information. You must ensure that any action that You or the person granted access to use the software by You does not violate these rights and is in accordance with the permissions written in this agreement.

We reserve the right to exclusive ownership, including intellectual property rights to all services and software including modifications or copies of software that We make on Your behalf or based on any recommendations You provide to Us. You must keep a record of the number and location of all copies of the software and be willing to provide Us with such records. Ownership of the modified software will not apply without Our express written agreement.

The collection of Your data that We obtain is carried out legally and does not violate applicable laws or legal regulations. Software or services are not used to transmit data that violates applicable laws or regulations. As a user, You will use the software and services in accordance with government regulations and applicable laws. You also do not authorize the software to be used by anyone other than administrative users and employee users.

You will not sell, rent, interfere with software operation or performance, gain unauthorized access to the software or the underlying technological infrastructurs, perform any attempted transfers without written consent, and attempt to distribute viruses and other malicious software.

You also acknowledge that to use and access the software requires an internet connection which may undergo interruptions, outages or delays in transmission and other problems inherent to the internet which are known to the public. We are not responsible for delays, delivery failures, or other damages caused by internet problems.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS AND CONDITIONS WHETHER IMPLIED OR EXPRESSLY REGARDING THE SERVICE OR CONTENT ON OUR DEVICE RELATED TO AVAILABILITY, FUNCTIONALITY, ACCURACY OR RELIABILITY.
YOU ARE RESPONSIBLE FOR THE ACCURACY AND VALIDITY OF SUPPORTING DATA FOR CALCULATION OF SALARY, TAXES AND OTHER CALCULATIONS. WE ARE NOT RESPONSIBLE FOR ANY FAILURE OR DYSFUNCTION OF THE SOFTWARE.

IF THESE LIMITATION PROVISIONS ARE UNAPPLICABLE UNDER ANY LAWS OR OTHER REGULATIONS, WE WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OF THE SOFTWARE (INCLUDING LOST PROFITS OR SAVINGS).
THE PROVISIONS IN THIS SECTION WILL CONTINUE TO APPLY EVEN THOUGH THE AGREEMENT HAS ENDED.

Privacy Policy

By using Our software, You agree that Your data that We obtain will be used and stored on Our servers in accordance with the Privacy Policy that has been read, understood and agreed to. One of the purposes for which Your data We collect is used to analyze and make adjustments to content preferences, such as relevant product features, customized advertising & search results, spam and malware detection. 

Use of Life-threatening Applications Policy

WE WILL NOT BE RESPONSIBLE FOR DAMAGES, INACCURACIES AND FAILURE FROM USE OF THE SOFTWARE WHERE RESULTING IN DEATH OR PERSONAL INJURY.

Compensation

We will defend You and be responsible for any claims, requests, demands or legal proceedings brought against You by a third party alleging that the use of the software infringes the intellectual property rights of such third parties. We agree to indemnify You for a number of losses, if: 1) You immediately send written notice to Us regarding notification of claims, requests, demands, or legal, 2) Agree that We will be in full control to process and resolve claims, requests, demands, and legal proceedings that occur, 3) You agree to provide Us with adequate assistance in resolving claims, requests, demands, and legal proceedings that occur by allowing Us to obtain Your rights.

You must also defend Us and be responsible for any claims, requests, demands or legal proceedings brought against Us by third parties alleging that: 1) Your data or use of the software violates the third party's intellectual property rights or applicable law, 2) The content or material provided by third parties through Our software violates intellectual property rights or applicable laws. You agree to indemnify Us for a number of losses if: 1) We immediately send written notice to You regarding notice of claims, requests, demands, or legal proceedings that occur, 2) One of the services or content provided by a third party through Our software violate applicable laws, 3) Agree that We will be in full control of processing and resolving claims, requests, demands, and legal processes that occur, 4) We agree to provide You with adequate assistance in resolving claims, requests, demands, and legal process.

If it is determined that the use of Our software has violated the intellectual property rights of third parties, We may terminate the license and refund the renewal fees for using the software that You have paid.

Contracting Parties

You entered into a contract with PT. Andal Software Sejahtera, a company that provides a cloud-based system called Andal Kharisma and a mobile application called Andal Connect to help make the payroll process easier. Andal Software is located at Roxy Mas Blok D1 No.28 Jl. KH. Hasyim Ashari, Jakarta 10150, Indonesia. You can contact Andal Software via the email address at marketing@andalsoftware.com.

Applicable Law

All claims and disputes regarding software and agreements are subject to the laws of the country or where Your place of business is located, including breach of contract claims, claims under consumer protection laws, unfair law competitions, implied law warranties, unjust enrichment, and other unlawful acts.

All disputes related to this agreement must be resolved through the Arbitrator in accordance with the arbitrator regulations in place where You live. The final decision of the arbitrator is final and binding on all parties involved. All costs and fees of the arbitration will be borne by the losing party.

Overall Agreement

You agree that this agreement is between You and Us that governs all problems using the software. You also agree that this agreement supersedes all prior or contemporaneous agreements whether oral or existing between You and Us.

Other Terms

If any provision of this agreement is deemed invalid, void, unenforceable or illegal for any reason, then that provision will be severed from this agreement. The failure does not exclude other provisions that are still valid in this agreement.