These General Terms and Conditions (“Terms”) form a legally binding agreement between the customer entity specified in the Order Document (“Customer”) and ICRON Technologies Europe B.V. (“ICRON”), governing the Customer’s use and purchase of the Services. Any capitalized terms used but not defined in these Terms shall have the meanings assigned to them in the relevant Order Document.
ICRON WFM is a workforce management application designed for employee shift planning. The Software integrates with Customer information systems and utilizes various employee data such as name, hire date, position, operational data for workload forecasting (e.g., visitor count, cash register data), employee leave information, and working hours. The Software is hosted on public or private cloud environments, and is available for use on these platforms.
Data Submission: As part of using the Software, you are responsible for providing accurate employee data including but not limited to name, hire date, position, working hours, and leave data.
Customer Information System Integration: The Software is designed to integrate with your existing information systems. It is your responsibility to ensure that the integration process is completed correctly and that your information system is compatible.
Compliance with Laws: You agree to use the Software in compliance with all applicable laws, including those related to data protection and privacy.
Customer represents and warrants that it either owns or otherwise possesses all rights, approvals, licenses, consents, and permissions necessary to perform its obligations under this Agreement, exercise its rights under this Agreement, and allow ICRON to use the Customer Data in accordance with this Agreement. Customer confirms that it has processed, collected, and disclosed all Customer Data in compliance with applicable laws, and has obtained all necessary consents and permissions from its employees or any third parties as required by data protection laws.
Neither the Customer nor its users shall use the ICRON WFM service to:
Notwithstanding anything to the contrary in this Agreement, Customer acknowledges and agrees that during the term of this Agreement and thereafter, ICRON may collect, analyze, copy, display, and use Usage Data for the purposes of providing, operating, analyzing, and improving the Services and other ICRON products and services.
ICRON may disclose Usage Data for the purposes of benchmarking, reporting, and online marketing. However, ICRON will not disclose any Usage Data in a manner that would allow a third party to identify the Customer or any individual associated with the Usage Data, except in an aggregated or anonymized format that does not allow the identification of individuals.
We take your privacy seriously. The Software collects and processes employee data, including personal and operational information, for the purpose of workforce management. We will handle this data in accordance with our Privacy Policy.
For more information on how we collect, use, and protect your data, please refer to our Privacy Policy.
The Customer acknowledges that ICRON will collect and process personal and operational data related to the Customer’s employees, such as name, hire date, position, working hours, leave data, and operational data (e.g., visitor count, cash register data) in order to provide the ICRON WFM service. This data will be handled in compliance with all relevant data protection laws, including but not limited to GDPR (if applicable).
ICRON will implement appropriate technical and organizational measures to protect the personal and operational data of the Customer’s employees from unauthorized access, alteration, disclosure, or destruction.
ICRON will not share Customer Data with third parties unless explicitly authorized by the Customer or required by law. If third-party service providers (e.g., cloud hosting providers) are used to provide hosting services, Customer data will be processed and stored in accordance with the terms and conditions and privacy policies of those third-party providers.
Each party acknowledges that during the course of this Agreement, it may have access to certain confidential and proprietary information (“Confidential Information”) disclosed by the other party. The receiving party agrees to use such Confidential Information solely for the purpose of fulfilling its obligations and exercising its rights under this Agreement. All Confidential Information will be handled with the highest level of care and confidentiality, and will not be used for any other purpose without prior written consent from the disclosing party.
The receiving party shall not disclose any Confidential Information to third parties, except to its affiliates, directors, officers, employees, agents, independent contractors, consultants, and advisors (collectively, “Representatives”) who (i) have a legitimate need to know such Confidential Information to perform their duties related to this Agreement, and (ii) are bound by confidentiality obligations that are at least as protective as those set forth in this Agreement. Each party will be responsible for ensuring its Representatives comply with these confidentiality obligations and will take all reasonable steps to protect the Confidential Information of the other party, using no less than reasonable care.
The obligations of confidentiality shall not apply to any information that:
Both parties agree to comply with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and Turkey’s Personal Data Protection Law (KVKK, PDPL), when processing or disclosing any personal data that may be included within the Confidential Information. The receiving party agrees not to process personal data in violation of the applicable privacy laws and will ensure that all disclosures of personal data, where required, are made in compliance with these laws.
If the receiving party is compelled to disclose any Confidential Information under the requirements of applicable law, a legal proceeding, or governmental order, the receiving party shall provide prior written notice to the disclosing party to the extent legally permissible, and will cooperate with the disclosing party in limiting the scope of such disclosure to the extent reasonably possible. In such cases, the disclosure will be limited to only the information necessary to comply with the legal requirement.
The Software is available for purchase directly from ICRON or through marketplaces, and partners. Once purchased, you will have access to the Software through a public or private cloud platform.
The Customer agrees to pay all fees associated with the Software as listed in the Master SaaS Agreement and Order Document or as otherwise agreed upon by both parties. All payments must be made in accordance with the payment terms specified in the Master SaaS Agreement and Order Document or other billing channels.
All fees stated in this Agreement are exclusive of any applicable taxes, levies, or governmental charges (including, but not limited to, import/export duties, VAT, withholding taxes, or similar taxes arising from the provision of the Services). The Customer is responsible for any sales, usage, or similar taxes that arise in connection with the Services provided, excluding taxes on ICRON’s net income or taxes imposed on ICRON under employment laws. If any taxes are deducted or withheld from payments made by the Customer, the Customer will ensure that the amounts payable under this Agreement are increased so that ICRON receives the full agreed amount, without any reduction for taxes.
Refunds and cancellations are subject to the terms and conditions of the Master SaaS Agreement and Order Document and will be handled accordingly. The Customer may contact ICRON for support in case of issues related to payment processing.
Should the Customer require the inclusion of specific purchase order numbers or other details on ICRON’s invoices, the Customer must notify ICRON within ten (10) business days after the request to provide such information. ICRON will make reasonable efforts to accommodate the Customer’s invoicing needs, such as including specific purchase order details. However, if the Customer fails to provide the necessary purchase order information in a timely manner, ICRON reserves the right to issue invoices without this information. In the event that the Customer requests additional invoicing procedures or specific invoicing formats (e.g., use of billing portals), ICRON may charge a supplementary administrative fee to cover the costs of compliance with these requests.
Upon purchase, the Company grants you a non-exclusive, non-transferable license to use the Software in accordance with the terms outlined in this Agreement.
The Company’s liability is limited to the amount paid by you for the Software. We are not responsible for any indirect, incidental, or consequential damages arising from the use or inability to use the Software.
We may suspend or terminate your access to the Software if you violate these Terms and Conditions or any applicable laws. Upon termination, you must cease all use of the Software and delete any copies in your possession.
Either party may terminate this Agreement if the other party breaches any of its material obligations and fails to remedy such breach within a specified period (e.g., 30 days) after receiving written notice. Upon termination, the Customer must cease all use of the Software and delete any copies in its possession.
Upon termination or expiration of this Agreement, the Customer’s access to the Software will be revoked, and all Customer Data will be deleted or returned to the Customer in accordance with the data retention and privacy policies.
The Customer agrees to indemnify, defend, and hold ICRON harmless from any and all Losses arising out of or resulting from a third-party claim, action, suit, or proceeding alleging that the Customer Data, or the use of such data in accordance with this Agreement, infringes or violates the intellectual property rights or any other proprietary rights of a third party.
The Customer shall bear the responsibility for defending against such claims and indemnifying ICRON as described above.
In the event of a third-party claim or dispute for which indemnification is sought, the party seeking indemnification (the “Indemnified Party”) must:
The Indemnified Party agrees to cooperate fully with the indemnifying party in defending against the claim, providing reasonable assistance at the indemnifying party’s cost.
This Agreement shall be governed by the laws of the Netherlands, without regard to its conflict of laws principles.
The Company reserves the right to modify or update these Terms and Conditions at any time. Any changes will be communicated to you, and your continued use of the Software will be deemed acceptance of those changes.
For any questions or concerns regarding this Agreement or the Software, please contact us at:
ICRON Technologies Europe B.V.
Review “Terms and Conditions of Use – TR”.
