miniOEE – Terms and Conditions

Last modified: 6/21/2021

Please read the Terms of Use carefully before accessing this Website or using the Services.

Welcome to miniOEE

These terms and conditions outline the rules and regulations for the use of miniOEE - an online Service located at https://www.minioee.com Website - designed and developed by EXITO Sp. z o.o. (EXITO Ltd.).

Acceptance of the Terms

By accessing this Website, We assume You accept these terms and conditions. You must be of legal age to enter into a binding agreement in order to accept the terms and conditions. Do not continue to use miniOEE if You do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to You, the person log on this Website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to Our Company. "Party", "Parties", or "Us", refers to both the Client and Ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of Our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated Services, in accordance with and subject to, prevailing law of Poland. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Description of Services

We provide an online tool to measure and report operational performance. This could be related to both - manufacturing or transactional processes. miniOEE is designed and developed to measure, analyze and report Your (manufacturing or transactional) process productivity, performance, quality and several other aspects. Our Service may support You in Kaizen (improvement) workshops and activities, as well as during the Lean Games or Simulations performed in the classroom while teaching Lean Manufacturing principles and toolset. miniOEE is a great tool to be used by Lean Six Sigma consultants and trainers, continuous improvement specialists and practitioners, process or industrial engineers, line/machines/equipment constructors and production/operation leaders in Your or Your Clients’ organization.

In order to measure and analyze performance of the area (line, machine, workstation) You should set up and run a specific Study designed for the area. A Study may consist of one or more Runs (repetitions) conducted in within few days or weeks, and representing the progress achieved thanks to the improvements implemented in a meanwhile. By comparing results behind Runs You may clearly present the before vs after process performance and capabilities.

To perform a Study, You should first create (1) a Study and configure its setup (2) representing Your manufacturing or transactional process. To do so You may use one of the miniOEE Study templates and configure it accordingly to reflect Your process, products, stations/machines, expected cycle/takt times, operators, etc. You may also create Your own templates.

Afterwards You need to invite people (3) who will participate in a Study, follow operators/equipment and measure (4) actual process performance (incl. station work status, types of downtime, quality issues, operators, current operations, etc.) with a use of a device(s) such as smartphones, tablets or computers that will act similarly to the production terminals via miniOEE website that is shared with the participants by the Administrator of the Study.

Once the Run is over and all data is collected, analysis and reports (5) may be delivered by miniOEE. You can also download and use (6) the raw data collected during the Study to run Your own analysis and create (7) Your own reports and summary of the process performance.

You may use the miniOEE Services for Your personal and business use or for internal business purpose in the organization You represent. You can connect to miniOEE using any device with a web-browser supported by the Service. You are responsible for obtaining a steady access to the internet and the equipment necessary to use miniOEE. That equipment should be owned or controlled by You. You can create and edit content within Your user account and if You choose to do so, You can publish and share reports and collected data with people or organizations of Your choice.

miniOEE is only the Service provider and it is Your own responsibility to ensure correct setup, configuration and further use of miniOEE (sending invitations, data collection, analysis, reporting, downloading files). Including compliance with certain law, regulation, or directive, including but not limited to EU’s General Data Protection Regulation (GDPR) and EU’s ePrivacy Directive.

The Services include also information, materials or any files that miniOEE makes accessible for the Clients through the Website.

The Company organizes server resources to provide the best-in-class level of Service with a very high uptime on the operation of the cloud Service. Though it should be kept in mind that server resources are delivered to the Company by its providers and are fully dependent on their actual performance.

Cookies

We employ the use of cookies. By accessing miniOEE, You agreed to use cookies in agreement with the the Company's Privacy Policy.

Most interactive Websites use cookies to let Us retrieve the user’s details for each visit. Cookies are used by Our Website to enable the functionality of certain areas to make it easier for people visiting Our Website. Some of Our affiliate/advertising partners may also use cookies.

To find more details please read Our Cookie Policy (link).

User Accounts & Administration

To access or receive Services and to receive messages and information from miniOEE, You must create a miniOEE account with Your email address. To do so You must provide Us information that is true, accurate, current and complete. If You fail to do so it may result in immediate termination of Your account on miniOEE with no money refund possible.

If You use miniOEE for business reasons, We request You to use Your business email account. As an Administrator of the account, You are responsible for protecting Your password that is used for the account. You also agree not to disclose Your password to any other Third-party. In case of any breach of security or unauthorized use of Your account, You should notify Us immediately, so We could prevent Your data from being used or erased.

The email used to sign in and establish an account is also a login of the account Administrator. It is only an Administrator who can:

It is an Administrator and other Users who may:

Data Ownership and Content Backups

You own the data and information provided, collected and stored by You at the account and by participants invited to the miniOEE Studies. Unless specifically permitted by You, We cannot publish or distribute the content created by You or stored in Your user account for commercial, marketing or any similar purpose. But You grant the Company permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of Your user account solely as required for the purpose of providing the Services to You and better understand how You use the Service and ways We can improve Your future experience.

To the extent permitted by the functionality provided by a subscription Service plan, You may modify a template, create additional Studies and/or Runs, set up and configure: stations, types of events (ie. downtime), products with additional information, names of operators, list of operations and other specific information that allows You to measure and analyze Your process with a use of miniOEE Service.

As it is only an Administrator, who may invite participants of the Study (people to measure process via miniOEE terminals), it is also an Administrator who is in the possession of participants’ email addresses used to send invitations (automatically generated emails with a link to activate a miniOEE terminal on the devices provided or owned by them).

Though regular backups of the data stored in miniOEE are performed, We do not guarantee that there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by changes during the time a backup is performed, or other activities performed by the provider of cloud solution used for miniOEE by the Company.

You acknowledge and agree that miniOEE may, in its absolute discretion, remove, erase, or modify any of Your collected data and settings data of the Studies and Runs.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of data collected. But You acknowledge that the Company has no liability related to the failure to successfully restore data to a usable state.

Subscription, Billing, Fee Changes, Payments and Refunds

The Service or some parts of the Services are available under subscription plans of various duration. Depending on the type of Your subscription plan that You select, You may be billed in advance on a recurring and periodic basis (such as monthly or annually). Your subscription will be automatically renewed at the end of each subscription period unless You downgrade Your subscription plan to a free basic plan or inform Us that You do not wish to continue Your subscription plan (at least seven days prior to the renewal date). If automatic billing fails to occur for any reason, the Service will not be continued. In such case, please contact the Company directly in order to proceed with different payment methods.

Once You wish to terminate the Service, You may cancel automatic periodic payments through Your miniOEE account settings or by contacting us.

We may change the price of any subscription plan for the Service that is currently available free of charge or its pricing has been temporarily reduced. We also, in its sole discretion and at any time, may modify the subscription fees. Such a change will become effective at the end of current subscription plan period. The Company will provide You with prior notice of any change in fees to give You an opportunity to terminate Your subscription before such change becomes effective. You will not receive a refund for any fees already paid for Your current subscription plan period and You will be given an access to the Service until the end of Your current subscription period.

We use Stripe payment system to proceed with the payments. We do not collect or share any information related to the payment, but some of this information associated with a payment may be stored on Stripe as part of the transaction history. Remember to provide all billing information required to proceed with the payment in the Stripe system.

The actual price to be charged depends on the location and legal entity of the purchaser. Therefore, the exact price will be calculated based on actual subscription plan price and billing information provided by the purchaser (location and entity). The total billing amount will be displayed before the order is accomplished and additional 23% VAT tax may be added based on the Polish tax law and European Union Council Directive 2006/112/EC.

Paid subscriptions fees are non-refundable unless required by law. Still certain requests to refund subscriptions paid may be considered on a case-by-case basis and granted at the sole discretion of the Company.

Suspension & Termination

If You breach these Terms and Conditions We may immediately terminate or temporarily disable access to Your account, without prior notice or liability, for any reason, including without limitation.

We also reserve the right to terminate unpaid user accounts that are inactive for a continuous period of 99 days or an accumulated period of 270 days during last 12 months. In such a case, all data associated with a user account and stored in miniOEE may be erased by the Company. Before the termination is proceeded, the Company will provide a user with the prior notice and option to back-up the data. If You wish to restart Your account and regain data that have been erased due to the account termination and such a backup is still available, You may be requested to pay an additional fee.

We have the right to terminate Your access to the Service at any time, without prior notice, for any reason, including without limitation.

If You wish to terminate Your account, You may simply cancel Your subscription plan and discontinue using the Service.

We may also discontinue the Website or Services or any part thereof without prior notice at any time, at Our sole discretion and You agree that We shall not be liable to You or any Third-party for any termination of Your access to the account, Website or Service.

Trademark Information

miniOEE and EXITO company logos and name of the Service are the trademarks of EXITO Sp. z o.o. (EXITO Ltd.). You may use, publish and share them only in official reports generated by miniOEE at www.minioee.com Website. Otherwise, You are not permitted to use the marks without the prior written consent of the Company. To receive the permission please contact the Company at: contact@minioee.com.

miniOEE has been fully designed and developed by EXITO Sp. z o.o. (EXITO Ltd.) and has full ownership rights to use the concept, mechanics, algorithms, workflows, analysis and reporting that is being used in miniOEE.

Confidentiality

Confidential information of a Party (Company, Client or Third-party) means information of a confidential nature including information about its business, operations, technology, products, employees and operations but does not include any other information which is in the public domain other than through a breach of confidence. Each Party must keep confidential and not disclose to any Third-party confidential information of the other Party, with the exception that recipient may disclose such information to a Third-party with the prior written consent of the other Party or where the recipient is legally compelled to do so by any government or any Third-party permitted by law.

All the data gathered during Your miniOEE Study is kept confidential. Though if You share the code or a link to the miniOEE terminal(s) You may expose some of the reports and its data to the person or an organization, You shared that data with.

License

Unless otherwise stated, the Company and/or its licensors own the intellectual property rights for all material on miniOEE Website. All intellectual property rights are reserved. You may access this from miniOEE for Your own personal use subjected to restrictions set in these terms and conditions.

You must not:

This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the support of Terms & Conditions generator.

Parts of this Website (and/or Websites linked with it) offer an opportunity for users to post and exchange opinions and information. The Company does not filter, edit, publish or review Comments prior to their presence on the Website. Comments do not reflect the views and opinions of the Company, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, the Company shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.

The Company reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

You hereby grant the Company a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of Your Comments in any and all forms, formats or media.

Hyperlinking to Our Content

The following organizations may link to Our Website without prior written approval:

These organizations may link to miniOEE home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking Party and its products and/or Services; and (c) fits within the context of the linking Party’s site.

We may consider and approve other link requests from the following types of organizations:

We will approve link requests from these organizations if We decide that: (a) the link would not make Us look unfavorably to Ourselves or to Our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to Us from the visibility of the hyperlink compensates the absence of the Company; and (d) the link is in the context of general resource information.

These organizations may link to Our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking Party and its products or Services; and (c) fits within the context of the linking Party’s site.

If You are one of the organizations listed in paragraph above and are interested in linking to Our Website, You must inform Us by sending an email to the Company. Please include Your name, Your organization name, contact information as well as the URL of Your site, a list of any URLs from which You intend to link to Our Website, and a list of the URLs on Our site to which You would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to Our Website as follows:

No use of the Company's logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, You may not create frames around Our Webpages that alter in any way the visual presentation or appearance of Our Website.

Content Liability

We shall not be hold responsible for any content that appears on Your Website. You agree to protect and defend Us against all claims that is rising on Your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any Third-party rights.

Your Privacy

Your access to and use of the Service is conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Terms and Conditions apply also to all visitors, users and others who access or use miniOEE as Administrator of the account or participants of the Study.

Please study Our Privacy Policy carefully before using miniOEE as it provides information about Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and informs You about Your privacy rights.

Reservation of Rights

We reserve the right to request that You remove all links or any particular link to Our Website. You approve to immediately remove all links to Our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to Our Website, You agree to be bound to and follow these linking terms and conditions.

Removal of links from Our Website

If You find any link on Our Website that is offensive for any reason, You are free to contact and inform Us any moment. We will consider requests to remove links, but We are not obligated to or so or to respond to You directly.

We do not ensure that the information on this Website is correct, We do not warrant its completeness or accuracy; nor do We promise to ensure that the Website remains available or that the material on the Website is kept up to date.

Warranty

You expressly understand and agree that the use of the Service is at Your sole risk. The Service is provided as-is and as-available and with all faults and defects without any warranty of any kind, either expressed or implied. The Company makes no warranty that the Services will be uninterrupted, timely, secure, or error free. In no event shall the juridical person of the Company be liable for any damages including, but not limited to, direct, indirect, special, incidental, or consequential damages or other losses arising out of the use of or inability to use miniOEE Service.

Use of any material downloaded or any information obtained through the Study analysis and reporting shall be at Your own discretion and risk and You will be solely responsible for any damage to Your computer system, mobile telephone, wireless device or data that results from the use of the Services or the download of any such material. No advice or information, whether written or oral, obtained by You from the Company, its employees or representatives shall create any warranty not expressly stated in the terms.

Disclaimer

To the maximum extent permitted by applicable law, We exclude all representations, warranties and conditions relating to Our Website and the use of this Website. Nothing in this disclaimer will:

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

The Company makes no representation or warranties in relation to the accuracy or completeness of the information and data found on miniOEE Website. While the content, analysis and reports are provided with the utmost care and attention, We do not warrant that the information and data will always be up to date, be true and not misleading, or that this site will always (or ever) be available for use.

Nothing on miniOEE Website should be taken to constitute professional or legal advice or a formal recommendation and We exclude all representations and warranties relating to the content and use of this site. In no event will the Company be liable for any incidental, direct, indirect, consequential, or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from wrong decisions, loss of income, increase of operational costs, goodwill, data, information, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this Website or any linked Websites.

Contact Us

If there are any question or concerns about the Terms and Conditions, please contact Us at: contact@minioee.com.