Orka d.o.o. (“Orka”) is the sole and exclusive author of OWIS products. The OWIS product is a document and workflow management system designed to optimize business processes and increase team productivity.

The OWIS program is intended for users who are legal entities.

1.     Who do these Terms of Use apply to?

These Terms of Use apply to users who are legal entities with whom Orka has entered into a licensing agreement.

They also apply to users who are legal entities with whom Orka or a third party authorized by Orka (“Partner”) has entered into a maintenance agreement or another type of agreement related to the OWIS product and/or services associated with the OWIS product. The relationship between the Partner and the user—legal entity will be governed by a mutual agreement that must be concluded in accordance with these Terms of Use and the agreement between Orka and the Partner.

The user—legal entity is solely responsible for the use of OWIS by individuals to whom access is granted.

2.     Consent

By accessing the platform on which the OWIS system is installed, you as a user—legal entity agree to use OWIS in accordance with these Terms of Use, which will be available on that platform. The Terms of Use represent a legally binding document between Orka on one side and you as the user. By accessing the platform on which the OWIS system is installed, based on the authorization granted by Orka under the concluded agreement, you confirm that you have read, understood, and agree to the Terms of Use.

Orka reserves the right to periodically update or modify these Terms of Use, and you will be notified of such changes via the installed OWIS system. It is your responsibility to regularly check for updates and to inform yourself about the Terms of Use. If you continue to use the OWIS program after updates or changes to the Terms of Use, you are presumed to have consented to all changes.

These Terms of Use apply to all OWIS products, regardless of the versions of the OWIS products in use and all modules of the OWIS products.

3.     License

Orka is the only authorized party to grant the right to use OWIS products to other parties under these Terms of Use. Users obtain a non-exclusive right to use the OWIS program by purchasing or renting licenses from Orka or authorized Partners of Orka who distribute the OWIS product based on Orka's authorization. The license is granted based on the number of required user accounts for individuals or positions within the legal entity that will have access to the OWIS product, in accordance with the selected licensing model. One user account (username) represents one user license. The license is non-transferable. Sharing user accounts and using a single account for multiple individuals or positions within the legal entity is prohibited and constitutes grounds for contract termination. The user is not authorized to grant sublicenses. Orka reserves the right to terminate the contract or disable access to an individual user account if users violate these Terms of Use or applicable regulations. Orka is not liable for any damage that may occur to users or third parties on this basis. The user is obliged to regularly pay due obligations to Orka or the Partner based on the use of the license. 

4.     Updates

Users are entitled to regular updates of OWIS only if they have contracted maintenance services with Orka or a Partner for the duration of the license to maintain existing functionalities of the OWIS products.

Orka or the Partner will provide the following as part of maintenance services:

• Minor updates – security, bug fixes – periodically, usually every 14 days;

• Major updates, functionalities included in the current version – as deemed necessary by Orka;

• And other services in accordance with the agreement.

5.     Maintenance

By signing a separate Maintenance Agreement, the user obtains the right to maintenance from Orka or the Partner. Without a Maintenance Agreement, Orka or the Partner only provide a license for use, without an obligation for maintenance.

6.     OWIS Upgrade

Upgrading the functionalities of the OWIS product, which is not included in the update/maintenance, is considered a special product to which the user has no right without paying an additional fee for the use of the special product, unless otherwise specified in the license agreement.

7.     Special Conditions for Special Products or Modules

There are no special conditions.

8.     Ownership and Copyright

Orka is the sole and exclusive owner of the OWIS products. Orka retains all copyrights to the program, regardless of the licensing model and whether the contract is concluded with Orka or the Partner. Decompiling OWIS is prohibited. In case decompilation is necessary to achieve interoperability with other programs, a written request must be made to Orka. By purchasing a license, the user obtains a non-exclusive right to use OWIS in accordance with these Terms of Use and the agreement with the user. Orka does not guarantee compatibility with specific operating systems and other software solutions.

9.     User Responsibility

It is the user's obligation to ensure the security infrastructure, which includes but is not limited to the obligation to maintain a lawful and adequate operating system, database stability, network access, adequate computers on which OWIS is used, regular updates of the platform and database, as well as system software. Users are solely responsible for implementing adequate security measures to protect their user data and information. Orka does not store or back up user data and information.

10.  Workflow

The workflow in OWIS is created and established by Orka or the Partner for the user solely based on the user's instructions, and the user is responsible for ensuring it is suitable for their business operations. If the Partner assumes additional obligations regarding the creation and establishment of the workflow, the Partner is solely responsible for those obligations.

11.  User Interface

User rights are limited to using the program through the user interface, without rights of access to the source code.

12.  Usage Restrictions

OWIS may only be used for managing documents and processes related to the registered activities of the user. If the user wishes to use OWIS for other purposes, this must be explicitly stated in the individual agreement concluded with the user. Exceptionally, access to the user account may also be granted through mobile devices.

13.  Final Provisions

The contracting parties may mutually terminate the agreement at any time.

Orka has the right to terminate the contract in case of a violation of these Terms of Use at any time, if the user does not cease the violation after a warning within the specified timeframe.

If Orka considers that a violation of the Terms of Use has occurred that would make it unreasonable to continue the contractual relationship, Orka may terminate the contract immediately while granting the user a timeframe deemed reasonable for data transfer from OWIS. The user may terminate the contract with a notice period of 60 days from the notification of termination, unless otherwise specified in a special agreement. The law of Bosnia and Herzegovina applies to these Terms of Use and agreements with users. In the event of disputes, the Municipal Court in Sarajevo is competent.

14.  Right to License Usage Audit

Orka has the right to conduct an annual audit of OWIS usage to determine whether the user is using OWIS in accordance with these Terms of Use and the individual agreement. The audit will be conducted at the user's premises, on the user's working days, with a prior notice of 3 days in advance.

15.  Personal Data

Orka has access to personal data for which the user is the controller, to the extent that the user provides access for the purpose of creating, establishing, updating, or maintaining OWIS for the user’s needs. Orka does not collect, store, or back up user information and documentation that may contain personal data. Orka is not a processor of personal data under the Law on Personal Data Protection in Bosnia and Herzegovina, unless the user authorizes Orka for the processing of personal data under a processing agreement, in which case Orka will act only according to the instructions and on behalf of the controller in accordance with the processing agreement. The user is obliged to notify if the General Data Protection Regulation (GDPR), which is in force in the EU, applies to them and is fully responsible for fulfilling obligations under the GDPR.

16.  Use of Information for Statistical Purposes

Orka reserves the right to use data from users – legal entities for statistical purposes to improve OWIS and services related to OWIS. If the data used for statistical purposes contains personal data, it will be anonymized.