SCOPE OF SERVICE AND PERFORMANCE
Cayoo cloud application
1. Provision of standard services
With the Cayoo cloud application (hereafter referred to as "Cayoo"), SOPHIA GmbH & Co. KG provides the client with a number of standard services whose scope and content are described below. These standard services are fully operational, subject to the availability specifications outlined in clause 6. As soon as SOPHIA GmbH & Co. KG informs the client that he is able to access the functioning Cayoo platform, Cayoo is made available to the client as a fully operational service.
2. Service transfer point and functionalities of Cayoo
2.1 SERVICE TRANSFER POINT
The service transfer point for the use of the software is the router output to the internet of the data processing centre used by SOPHIA GmbH & Co. KG. It is the responsibility of the client to obtain internet access, to provide and maintain a network connection to the data processing centre and to obtain and provide the network access components at the client side.
2.2 FUNCTIONALITIES OF Cayoo
- Creating, changing and deleting user accounts
- Assigning, changing and deleting various user roles
- Assigning, changing and deleting teams
- Creating, editing, copying and deleting SOPs
- Grouping SOPs in collections
- SOP versioning; previous SOPs are stored as old versions and can be accessed and restored, if required.
All changes in the SOP directory are logged for tracking. You therefore know exactly who has changed what and when.
SOP release / publication: Prior to the distribution of an SOP to authorised users, it undergoes an approval process. After the SOP has been drafted / edited, it must be formally released for publication by an authorised user.
Other clinics might release their SOPs for use by you. If required, you can copy these SOPs to your own SOP directory. You can of course also release your own SOPs for use by other clinics.
Cayoo includes a dedicated cloud storage space. Files (e.g. PDF files, images, Word documents, etc.) in this cloud storage space can be linked to SOPs.
Use of free app on mobile devices and link to Cayoo SOP database; updating of device software. The apps are available free of charge for download from the relevant app store (Google Play, iTunes Store).
3. Access authorisation
When starting Cayoo for the first time, the user must generate a user ID and a password, which will be required for the continued use of Cayoo. The user is obliged to keep the user ID and password confidential and not to disclose them to any third party.
4. Data backup
4.1 The client's data is backed up every day by SOPHIA GmbH & Co. KG. This is done through a backup of the entire database on a suitable backup storage medium. Data can be restored for up to 30 days. Maximum data redundancy is ensured by the continuous versioning and backing up of data within the database of the Cayoo system. Client data is only deleted following the termination of the contract at the written request of the client.
4.2 The scope of service does not include functions for compliance with legal archiving and filing obligations, for instance in the context of commercial and tax law. Unless the client has entered into a separate archiving contract with SOPHIA GmbH & Co. KG, it is the responsibility of the client to ensure compliance with legal archiving and filing obligations.
5. Requirements to be met by the client for service provision
5.1 Cayoo is accessed through telecommunications networks. General requirements for the use of Cayoo:
Broadband internet access
PC running Windows 10
For apps: latest Android (version 4.4.4 (API20) or higher) or iOS (10.3 or higher) operating system
For web platform: latest Google Chrome browser version
Important: Cayoo and the Cayoo apps might be compatible with systems and/or software other than the above.
5.2 This contract does not cover the provision and maintenance of the equipment and devices used by the client. It also does not cover telecommunication services for data transfer from the service transfer point to the client's devices.
5.3 Data release by the client
Should the client use the data release option in order to share his data, he is obliged to ensure that all released information has been carefully checked for accuracy and correctness, based on the client's best knowledge. SOPHIA GmbH & Co. KG shall not be liable for the quality of the data made available by clients.
Clause 6 refers exclusively to the functionalities of Cayoo as specified in clause 2.
The functionalities of Cayoo as specified in clause 2 are available to the client during the system runtime defined below, except during the scheduled non-availability times defined in clause 7.
6.3 SYSTEM UPTIME
24 hours a day, 365 days a year, with a system availability of 98%.
The system uptime covers all periods during which the system is available for use, as well as all times of non-availability. The time of availability covers all periods during which the functionalities of Cayoo are usable.
It also includes times during which the service is not available due to a fault in or a failure of the infrastructure not under the control of SOPHIA GmbH & Co. KG or its subcontractors;
faults and other events for which neither SOPHIA GmbH & Co. KG nor any of its subcontractors is responsible, for instance exceedance of the limits outlined in clause 7.3;
minor restriction of usability of the contractual service.
Non-availability is given, if the agreed functionalities cannot be used.
7. Scheduled non-availability
7.1 SCHEDULED NON-AVAILABILITY
SOPHIA GmbH & Co. KG is entitled to maintain and upgrade its software and / or hardware systems, and to perform data backups outside the scheduled non-availability times. Additional scheduled non-availability times outside the above times must be agreed in advance with the client by e-mail or phone call. If there are important grounds, the client will not unreasonably withhold his consent.
7.2 USE OF SYSTEM DURING SCHEDULED NON-AVILABILITY TIMES
The client accepts that Cayoo might not be accessible for use during scheduled non-availability times. If, during schedule non-availability times, Cayoo remains usable at a reduced performance level, the client shall not be entitled to claim compensation for damages.
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