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Quality Management Systems, what are they and how to manage them?

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Published by

Agustina Brañas

Business Analyst

Helping our clients maximize the use of Qflow to meet their needs and achieve higher performance in their processes.

Introduction

Quality is of utmost importance to organizations in today's competitive and digitalized era. Customers expect top-notch and consistent quality from products/services, while organizations themselves want to ensure consistent internal quality processes. To tackle this, the quality management system (QMS) plays a significant role.

QMS provides organizations with a documented framework to ensure quality system measurement and deliver high-quality products/services to customers. Therefore, this guide is going to cover every basics of the quality management system (QMS) you need to know. So, let's jump right to it!

What is a Quality Management System (QMS)?

A quality management system (QMS) is a system that documents the procedures, policies, and controls that an organization must follow to create high-quality products/services. Consider it as a formalized system that documents and directs all the organization's activities to fulfill customer and regulatory requirements. Furthermore, it helps the organization to improve its efficiency and effectiveness on a continuous basis.

Objectives and benefits of implementing QMS

Quality management system (QMS) is not just meant for enterprises; it is equally important for organizations of all sizes. The main objectives of QMS include:

  • Standardize quality checks
  • Deliver consistent quality products/services to customers
  • Establish compliance with regulatory authorities
  • Performance measurement and improvement
  • Streamline internal audits
  • Improve processes and quality

Simply put, the core objective of a quality management system is to measure the accuracy and compliance of every process/activity with established standards and drive improvements and growth.

Once an organization implements the quality management system, one of the major benefits is the ability to ensure continual improvement. When everything is documented, it becomes easy to identify areas where the organization lacks and how to improve processes and product/service quality. The other key benefits of implementing QMS include:

  • Increased customer satisfaction
  • Centralized quality control policies
  • Reduced waste
  • Increased collaboration among teams
  • Cost saving
  • Less chances of mistakes
  • Easy employee training
  • Improved employees' efficiency

In short, a quality management system empowers the organization to benefit from a formalized system to meet customer and organization quality requirements efficiently.

Regulations and standards for QMS

ISO 9001:2015 is the most acknowledged and followed QMS standard by organizations worldwide. It provides the requirements related to QMS that organizations can follow to set up their quality management system.

Besides ISO 9001:2015, there are a few other standards relevant to QMS, as follows:

  • ISO 9000 – Quality management systems
  • ISO 9004 – Quality management for sustained success
  • ISO 13485 – Medical devices quality management systems
  • ISO 14000 series – Environmental management systems
  • ISO 19011 series – Auditing management systems
  • IATF 16949 – Automotive-related products quality management systems

All these standards target specific quality management systems that organizations can follow to develop their own programs.

Components of QMS

The components of the quality management system include the ones that contribute to improving the processes and fulfilling the organization/customer requirements. This includes but is not limited to the below components:

  1. Organization structure and responsibilities
  2. Quality policy and objectives
  3. Quality manual
  4. Internal processes
  5. Customer satisfaction with product quality
  6. Quality analysis
  7. Document and record control management
  8. Continuous improvement

All the above components are involved in a QMS and contribute to making the whole program fulfill the quality objectives that the organization is trying to achieve.

Structure of QMS

The structure of the quality management system (QMS) includes various components, such as policies, procedures, documentation, etc.

Think of the structure of the quality management system as a pyramid, where quality policy is at the top spot that defines the goals of the QMS. After that, it flows through the quality manual, quality objectives, and so on. So, a typical structure of QMS is as follows:

  1. Quality Policy: It is the first stage where the organization drafts the quality policy to reflect what quality means within the organization. It should be a straightforward, simple statement.
  2. Quality Manual: It is a complete manual/document that provides all the details about QMS, such as scope, objectives, structure, etc. It is used as a reference document for quality procedures within the organization.
  3. Quality Objectives: They involve measurable goals and the purpose of the QMS. They are commonly related to improving processes, customer satisfaction, etc.
  4. Organizational Structure and Responsibilities: It involves crafting an organizational chart that specifies the current organizational structure and responsibilities.
  5. Procedures: They involve comprehensive instructions on how to perform specific processes or tasks. They are meant to standardize processes and ensure quality consistency.
  6. Documentation: It involves doing comprehensive documentation that involves creating and gathering reports, records, and all documents linked to the quality of processes, etc.
  7. Continuous Improvement: It involves enforcing a culture of continuous improvement for QMS to improve the quality of processes and the satisfaction of customers.

Overall, the structure of QMS incorporates all the above elements and more depending on the organization processes.

What is Quality System Management and its role?

Quality system management (QSM) is the way of measuring, managing, and improving the quality of products/processes within a QMS. It is mainly about management responsibility for quality management.

QSM is more analytical and improvement-focused compared to prescriptive and compliance-focused, as in the case of QMS. So, the role of QSM is to:

  • Foster a quality culture in the organization that drives empowerment, engagement, and accountability.
  • Ensure quality objectives/policies are aligned with customers'/stakeholders' requirements.
  • Enforce quality standards and practices in all processes.
  • Involve personnel in quality management and give them adequate training.
  • Conduct internal and external audits to evaluate the products and processes.
  • Gather and analyze data to identify improvement areas and create action plans.
  • Implement and assess the improvements.

This way, QSM plays a vital role in uplifting the quality posture of an organization.

Interaction between Quality Management System (QMS) and Quality System Management (QSM)

As mentioned above, a quality management system (QMS) is mostly about documenting the procedures, policies, and controls that an organization must follow to create high-quality products/services. On the other hand, quality system management (QSM) is meant to ensure the effectiveness of QMS. So, it supports the QMS to keep it relevant and effective.

Below are some ways QSM ensures the effectiveness of the QMS:

  1. QSM implements QMS processes across the organization to establish quality standards.
  2. QSM aligns the organization's objectives and policy as per QMS requirements.
  3. QSM collects and analyzes quality-related feedback to ensure that QMS is adaptive to changing requirements.
  4. QSM empowers the management to initiate quality improvement projects to make sure that QMS is improved continuously.
  5. QSM evaluates the performance of QMS to ensure it is compliant, transparent, and accountable.

In short, QSM is like the backbone of QMS because its main role is to keep QMS effective and up to date.

Role of documentation and records in QMS

Documentation and records have a significant role in a QMS. QMS documentation involves creating a set of documents about procedures, policies, quality plans, work instructions, etc.

In simple words, documentation and records define the company's QMS. They provide a clear framework that employees have to follow in processes and procedures to achieve quality goals and deliver consistent quality. In short, QMS requires proper documentation and records to ensure quality management, continuous improvement, and regulatory compliance.

Management of non-conformities and quality actions

Non-conformities are the failures to meet the quality requirements of processes or products/services. They can have a severe impact on operational efficiency, customer satisfaction, or regulatory compliance.

There are multiple ways to identify non-conformities, such as customer feedback and complaints, internal/external audits, manual inspections, etc. Once identified, they should be analyzed to determine the cause and impact level. Depending on the outcome of the analysis, appropriate corrective and improvement quality actions should be planned and implemented to address the non-conformities.

Risks and opportunities have a direct impact on the quality of processes and products/services. Therefore, it is important to identify and evaluate risks and opportunities related to quality management and make strategic decisions accordingly.

There are many ways to identify risks and opportunities in the context of quality management, such as SWOT analysis, risk matrix, PESTLE analysis, FMEA, etc. Once the risks and opportunities are identified, the organization can implement corresponding strategies to mitigate risks and take advantage of opportunities. The common strategies used include risk avoidance, risk transfer, risk reduction, risk acceptance, opportunity exploitation, opportunity enhancement, and similar others.

With effective handling of risks and opportunities, an organization improves the performance of QMS, prevents non-conformities, enhances customer satisfaction, and drives growth.

Customer satisfaction & QMS

Customer satisfaction reflects the level at which customers are happy with the product/service. When it comes to QMS, it is important to measure customer satisfaction to improve processes accordingly.

Organizations must assess and measure customer satisfaction by the methods of their choice, such as customer feedback surveys, customer reviews and testimonials, customer retention rate, customer complaints/returns, etc.

Once the organization gathers and analyzes customer satisfaction data, it can help to identify strengths, weaknesses, and opportunities for the processes and products/services. This way, the organization can implement corrective measures, improve quality, and increase customer satisfaction.

Conclusion

Organizations are competing in a highly digitalized and advanced era, where the quality of processes, products, and services plays a crucial role. That's why it is important more than ever to set up a quality management system (QMS) that can provide a centralized approach to document, standardize, and improve quality. It involves many elements, from quality policy and quality manual to treatment of risks/opportunities and assessment of customer satisfaction. Therefore, QMS is the key to enhancing the quality posture of the organization.

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Terms and Conditions

1st Background

  1. 1.1. ITX S.A.- (hereinafter "URUDATA SOFTWARE") is a company with large experience at regional level, providing quality solutions that make its customers more competitive and efficient.
  2. 1.2. It is the exclusive and sole owner of all intellectual property rights to the software called“Qflow Cloud” (hereinafter the “Software”), as well as all material related to it.
  3. 1.3. The “Software” is a web-based BPM (Business Process Management) tool that allows modeling company's business processes and integrating people and information systems through a workflow. The whole operation of the tool oversees the client, whether it is modeling, execution and control of its processes.
  4. 1.4. This document establishes the terms and conditions that will be applicable to all "Clients" who use the "Software" in any way, under any of their contracting options.
  5. 1.5. The use of the "Software" implies full knowledge and acceptance of these terms and conditions, as well as the decisions that "URUDATA SOFTWARE" adopts according to law on any unforeseen issue, without prejudice to specific conditions that the parties could expressly agree and write.
  6. 1.6. The "Client" must make sure to read and understand the scope of this document and have the necessary legal capacity to contract, either on their own behalf or on behalf of a legal person.
  7. 1.7. "URUDATA SOFTWARE" does not guarantee that the "Software" works without interruptions, meets the expectations or functionalities that the "Client" requires. The "Software" is licensed "as it is", according to the terms and conditions that are established, without providing any guarantee of utility or aptitude to achieve certain purposes, being the exclusive responsibility of the "Client" to know the scope, aptitudes and functionalities of the "Software".

1nd Definitions

For the purposes of these terms and conditions, the expressions detailed will have the following meanings:

  • “Client”: Natural or Legal Persons who have carried out the process of acquiring the "SaaS" license of the "Software", according to the regulation of these terms and conditions.
  • “Software or Qflow Cloud”: Refers indistinctly to the computer system exclusively owned by "URUDATA SOFTWARE" that can only be used through an Internet connection.
  • “SaaS mode”: Refers to the license of use granted to the "Client" on the "Software", together with maintenance services and data hosting in cloud services, according to what is detailed in the document and the subscription process.
  • “Host / Server / Hosting”: Refers to the web service that provides computing and database capacity on cloud servers, with a scalable size.
  • “Base Software”: Refers to the different and necessary computer programs for the "Software" to work correctly.
  • “Parties”: Refers to the appearing parties jointly named.

3rd SaaS Mode

  1. 3.1. For the price that the parties agree during the subscription process, "URUDATA SOFTWARE" will grant the "Client" the following rights and services:
  2. 3.1.1. License of Use of the modules of the "Software" that the parties agree.
  3. 3.1.2. Data Hosting Services.
  4. 3.1.3. Versions Updates.
  5. 3.2. Support and Maintenance Services, as well as Training, are not included in these Terms & Conditions, and may be contracted independently by the "Client". The rights and services will be provided under the terms, conditions and scope determined in these terms and conditions and in accordance with the specifications established in the subscription process, according to the various options that "URUDATA SOFTWARE" establishes.

4th Use license

  1. 4.1. The license granted on the "Software" is a temporary license, conditional on the payment of the price, non-exclusive, non-transferable, limited in the benefits and specifications of the "Contracted Plan".
  2. 4.2. The license to use the "Software" will be valid during the period that the "Client" pays in a timely manner the price established between the parties.
  3. 4.3. The "Contracted Plan" by the "Client" will determine the number of users, number of execution points, necessary storage and any other specification referring to the scope of the license of use granted, without prejudice to the provisions of this document.
  4. 4.4. "URUDATA SOFTWARE” reserves all rights not explicitly assigned or authorized. The license will be terminated by right in case of non-payment of the price.
  5. 4.5. The "Client" may not give this License in any way and must use the "Software" for its own legitimate purposes. They may not modify, copy, adapt, reproduce, disassemble, decompile, translate, or reverse engineer the Software.
  6. 4.6. The "Client" must ensure that the usernames and passwords required to access the "Software" are secure, confidential and exclusively in their possession. The "Licensor" will not be responsible for the loss or alteration of data in the system.
  7. 4.7. The "Client" is expressly prohibited from:
  8. 4.7.1. Attempt to violate the security or integrity of the “Software”, networks or services and complementary systems of third parties.
  9. 4.7.2. Use the "Software" in any way that may affect its functionalities or those of other complementary products or services; as well as those of other “Clients”.
  10. 4.7.3. Attempt to gain unauthorized access to materials, systems or resources other than those with which you have contracted.
  11. 4.7.4. Transmit or add into the “Software” files that may damage devices or that contain material that is offensive or violates regulations.

5th Maintenance and Support

    1. 5.1. During the term of the contract "URUDATA SOFTWARE" will provide the "Client" with support and maintenance according to the contracted Plan, without prejudice to not being obliged to any specific response time.
    2. 5.2. The support and maintenance service implies responding to the "incidents" notified by the "Client" regarding anomalies detected in the use of the "Software" or lack of knowledge for its use. This does not imply in any way the customization of the "Software", the advice or necessary modifications so that the "Software" is compatible or interconnected with "Systems" or "Hardware" of the "Client" and that are different from those established in the technical specifications for the correct operation of the “Software”.
    3. 5.3. The "Client" may report incidents and request support according to the contracted Plan, always through "Users" previously registered in the system.
    4. 5.4. "URUDATA SOFTWARE" will be the one who categorizes the reported incidents and will have the power, at its sole discretion, to determine whether the reported incidents are incidents subject to support and may reject the requests. Incidents will be considered resolved upon notification that a permanent or temporary solution has been established. Support service hours will be Monday to Friday from 9 a.m. to 6 p.m., on business days in the Oriental Republic of Uruguay (UTC -3).
    5. 5.5. Requests for an explanation of the use of the "Software" will not be considered an "incident".
    6. 5.6. Incidents will not be subject to treatment if their cause is related to elements unrelated to the "Software", such as connectivity, network, operating systems, browsers or any other dysfunctional factor caused by a "Base System", unrelated to the "Software", or any other “hardware” or “connectivity” reason.
    7. 5.7. In case of technical problems, the "Client" must make all reasonable efforts to investigate and diagnose the problems before reporting them. To use the support service, the "Client" must be subscribed to it, be up to date with payments and communicate by the following means and in order of priority.

Online Support: Entering the query from the same application.
Email Support: support@urudata.com

6th Data Hosting

  1. 6.1. The "Software" provides its functionalities from the "cloud", this implies that the "Client" will be able to access remotely from any computer with Internet access that meets the technical specifications.
  2. 6.2. All information uploaded by the "Client" to the "Software" is its exclusive property and responsibility. "URUDATA SOFTWARE" will not control, manipulate or observe in any way the information that the "Client" uploads to the "Software", except that it is necessary for the fulfillment of its contractual obligations.
  3. 6.3. The "Client" may at any time generate reports with the information loaded in the "Software".
  4. 6.4. "URUDATA SOFTWARE” will not be responsible for the total or partial, transitory or definitive loss of data or hosted information, except when acting with intent or gross negligence.
  5. 6.5. "URUDATA SOFTWARE" states that the cloud hosting services provided by "Microsoft Azure" are used and that it transfers its terms and conditions to the "Client", who accepts (https://azure.microsoft.com/en-us/support/legal). Any contingency or eventuality of any nature that causes damage to the "Client" that is motivated by failures, alterations or modifications of the services provided by "Microsoft Azure" will not be the responsibility of "URUDATA SOFTWARE", being beyond its will and impossible to control, therefore, they will not be attributable in any way.
  6. 6.6. "URUDATA SOFTWARE" may at any time change the "host" service provider to a different one, which must have -at least- similar technical, availability and security characteristics.
  7. 6.7. The "Client" has the right to upload data up to the maximum that has been contracted during the subscription process.

7th Versions Updates

During the period that the contract is in force, the "Client" will receive the new versions of the "software" that are released by "URUDATA SOFTWARE", with the same rights as those established in the "FOURTH" Clause, being these Terms and conditions fully applicable.

8th Price, payment method and billing

  1. 8.1. When the "Client" subscribes, they will make the payment through the methods available.
  2. 8.2. "URUDATA SOFTWARE" will completely and irremediably destroy all the information that was in the "Software" within a period of 30 calendar days since the "Client" failed to pay the price.
  3. 8.3. "URUDATA SOFTWARE" will issue an invoice at the time of contracting for the agreed period and the amount corresponding to the contracted Plan, which will be sent to the "Client" within the following 15 days.
  4. 8.4. The invoices will be sent according to the contact and billing information provided by the "Client", who will be responsible for keeping this information updated.
  5. 8.5. The invoice corresponding to the services will be sent to the "Client" according to the contracted period. If no automatic debit payment was chosen, the “Client” must make the payment for the services in advance within the first 10 days of the payment month or on the due date established in the invoice if it is later than the first one.
  6. 8.6. The non-payment of invoices in a timely manner will suspend the access to the "Software" until the debt is canceled.
  7. 8.7. The price may be adjusted by "Urudata Software" at any time, having the "Client" the option to cancel the contract from the start period of the new price.
  8. 8.8. At any time, the "client" may request to change to a higher plan than the one they have contracted. Without prejudice to this, once the "client" exceeds the hired limit, "Urudata Software" will automatically block the access to the system.
  9. 8.9. At the end of the initial recruitment period, it will be automatically renewed by other equal periods.

9th Confidential information

  1. 9.1. All the information you receive or any of the Parties has access to, under or in relation to the relationship arising from this Contract, will be naturally confidential ("Confidential Information"). Such confidential information may not be disclosed, published, disseminated or used in any way by the receiving party without the express authorization of the other party.
  2. 9.2. The receiving party must protect confidential information from the informant party, with the same degree of care and confidentiality with which it protects its own confidential information.
  3. 9.3. These Terms and Conditions do not impose any obligation to any of the Parties, in relation to the confidential information of the other Party that the recipient can establish by sufficient legal evidence, in any of the following cases:
  4. 9.3.1. It was in its possession or was legitimately known by the receiving party from the informant party before receiving it that there was no obligation to maintain its confidentiality.
  5. 9.3.2. The information was in the public domain, without violating the provisions of this contract.
  6. 9.3.3. It was obtained in good faith by the receiving part of a third party, with the right to disclose it and without the obligation of confidentiality.
  7. 9.3.4. Its disclosure is required in accordance with the applicable laws, in understanding that the receiving party notifies the informant party of said requirement before the diffusion, and provided that the receiving party makes diligent efforts to limit said diffusion.
  8. 9.3.5. Its disclosure is required in accordance with the applicable laws, in understanding that the receiving party notifies the informant party of said requirement before the diffusion, and provided that the receiving party makes diligent efforts to limit said diffusion.
  9. 9.4. The receiving party will not obtain, by virtue of this Agreement, the rights of ownership or participation of any part of the confidential information of the owner or informant party.
  10. 9.5. 9The personal information, obtained by any of the parties for the execution of the contract that links them, can only be used for the fulfillment of the object, cannot be assigned or disclosed to third parties under any title. In this respect, all personal information to which they have access or intervene at any phase of personal data processing, they must act cautiously and confidentiality about them, applying strictly professional secrecy.
  11. 9.6. When the contract is ended, each party must destroy completely the information or personal information that would have obtained from the other party during the contract. Each party will be the only responsible for safeguarding their own data.

10th Responsibilities

  1. 10.1. "URUDATA SOFTWARE" will keep the "Client" harmless for any conflict or contingency that arises as a result of intellectual property claims related to the "Software". In this regard, "URUDATA SOFTWARE" will be responsible for claims based on intellectual property conflicts, doing its utmost to keep the "Client" unaware of these conflicts and if this is not possible, it is obliged to face all costs and costs that it must bear as a result of the claim.
  2. 10.2. "URUDATA SOFTWARE" will only be responsible for omissions, delays or errors in its "Systems" or services as long as they are entirely attributable to it and not when there are other external factors, caused or linked to the "Client" or other third parties that cause that omission, error or delay.
  3. 10.3. “URUDATA SOFTWARE” limits its own accountability, for any concept, up to the amount that it has received in the last three months of the contract. The "Client" contracts having full knowledge of this accountability limitation.
  4. 10.4. The "Client" is solely responsible for the content loaded in the "Software", "URUDATA SOFTWARE" does not know or control the loaded content. The "Client" certifies that all the content that it loads and manages in the "Software" is of a legal nature and does not violate rights or regulations.

11th Personal information

  1. 11.1. It is stated that eventually "URUDATA SOFTWARE" may host personal data that the "Client" owns or is in charge of processing, but "URUDATA SOFTWARE" will not treat any personal data in any way or control or process any personal data that the "Clients" load.
  2. 11.2. It is the sole responsibility of the "Clients" to verify compliance with the personal data protection regulations.

12th Completion

  1. 12.1. "URUDATA SOFTWARE" may terminate this contract with prior notice to the counterparty at least 90 days in advance.
  2. 12.2. The "Client" may cancel the account at any time, by communicating it reliably to "URUDATA SOFTWARE”.
  3. 12.3. After the contract expires, the data will be kept for the maximum period of ninety (90) days, after which it will be deleted. The client can request the export of the information free of charge within the first 90 days.
  4. 12.4. "URUDATA SOFTWARE" will not refund the paid price paid for the services, except that the early termination of the contract has been arranged by "URUDATA SOFTWARE”.
  5. 12.5. Either party may terminate the contract if there are serious breaches by the other party of the main obligations arising from the contract or repeated breach of secondary obligations. Failure to pay the price is considered a serious breach and therefore the license of use will be suspended.
  6. 12.6. If the "Client" breaches any of its obligations, "URUDATA" may, at its sole discretion, terminate or suspend the contract and prevent access to the "Software" and information.
  7. 12.7. At the end of this contract, the "Client" will continue to be responsible for any debt acquired whose payment date is before or after the date of termination of the agreement.

13th Notifications and communications

  1. 13.1. The parties will consider valid the notifications made to the respective emails; in “Qflow Cloud” notification system or at the physical addresses established in the subscription process.
  2. 13.2. Any notification will also be considered valid if an acknowledgment of receipt is obtained from the other party, granted by a person with sufficient representation power for such purposes.
  3. 13.3. The "Client" agrees to use the various means of communication implemented by "URUDATA SOFTWARE” and must refrain from using them to disseminate material not related to the legitimate use of the "Software".
  4. 13.4. "URUDATA SOFTWARE" may not receive the communications that are made to it without verifying the corresponding acknowledgment of receipt or similar proof of receipt.

14th Jurisdiction

This Agreement will be governed by the stipulations contained in this document and the applicable law will be that of the Oriental Republic of Uruguay.

15th Modifications

  1. 15.1. These Terms and Conditions may be modified by "URUDATA SOFTWARE" at any time, the modification being valid from the second business day on which the new terms have been notified in the “Qflow Cloud” notification system.
  2. 15.2. Once the modification of these Terms and Conditions of Use or the price of the service has been notified, the "Client" may, within 5 calendar days from the notification, express their willingness to terminate the contract. This termination will not give rise to any liability for the parties, nor will it give the right to any reimbursement of payments already done.

16th Use of ChatGPT Service by Our Artificial Intelligence Assistant

  1. 16. 1. The artificial intelligence assistant, available starting from version 5.3 of Qflow, uses the ChatGPT service for generating process flows. 
  2. 16.2. The user acknowledges and agrees that: 
  • a. When using the artificial intelligence assistant, they accept the terms and conditions stipulated by OpenAI for the ChatGPT service: https://openai.com/policies 
  • b. Although we have validated the accuracy and usefulness of the responses generated by ChatGPT, we cannot guarantee the accuracy, completeness, or suitability of such responses for specific purposes.   
  • c. The use of the artificial intelligence assistant, including the ChatGPT service, is the responsibility of each user. Under no circumstances shall "URUDATA SOFTWARE" be liable for any damages of any kind arising from the use or inability to use this functionality or the ChatGPT service. 

TERMS AND CONDITIONS OF LICENSE MAINTENANCE SERVICE CONTRACTING

The License Maintenance service is provided to the customer by URUDATA SOFTWARE (ITX S.A.), located at Canelones 1370, 2nd floor, Montevideo, Uruguay.

It is a condition for this service that the client has acquired original licenses of Urudata products and since then has had this service without temporary interruptions. This service is carried out so that the licensed software can be adapted to the new technical requirements and to the advances in the development of the software, for such reason it covers the totality of the licensed software, not admitting partial licenses of any type.

Framework: Within the framework of this service, Urudata provides the Client with all update patches of the licensed software for which the service is contracted that are developed by Urudata within 2 years of the release of the version of the licensed software.

To that effect, the Client shall communicate to Urudata its interest in being provided with the update patches that have been developed no less than 20 days in advance.

Urudata guarantees the existence of update patches for the licensed software up to 2 years after the release of the version to the market, being absolutely irrelevant the moment in which the respective license was granted.

Upon expiration of the 2 years after the release of the licensed software version, Urudata shall have no obligation to continue developing or providing update patches.

Option for new versions: In the event that Urudata develops new versions of the licensed software, the Client shall have the right to substitute the licensed software for the new versions, free of charge, except for any consulting fees that the Client may decide to hire. For such purposes, the Client shall request Urudata to provide the new version of the licensed software no less than 20 days in advance.

When the Client chooses to use the new version of the licensed software, Urudata shall not be obliged to provide upgrade patches for the previous versions, but shall be obliged to provide upgrade patches for the "new version of the licensed software".

Urudata guarantees the existence of update patches of the new version of the licensed software up to 2 years after its release, being absolutely irrelevant the moment in which the licensed software was chosen to be replaced by the new version of the licensed software.

Upon expiration of the 2 years after the release of the new version of the licensed software, Urudata shall have no obligation to continue to develop or provide upgrade patches.

Use of Software: The Client may use the licensed software, plus upgrade patches or, if applicable, the new version of the licensed software and/or its upgrade patches, only under the licensed conditions, systems and number of users.

Implementation: The implementation service for the implementation of the upgrade patches of the licensed software, or as the case may be, the new version of the licensed software and/or its corresponding upgrade patches, is not included in this contract. All expenses and implementation fees that the customer decides to hire, will be charged to the Customer.

Term: This service has a duration of one year, or the term established in the commercial conditions of sale, if different from one year. The starting date is established in the agreed commercial terms.

Assessment of damages: The damages caused by breach of this contract shall never exceed the price established in the licenses granted to which this service refers.

In no case shall Urudata be liable for the malfunction of the software licensed or provided, which is caused by the misuse of the software by the Client and/or its employees or dependents and/or by the defects or impossibilities of the computer equipment available to the Client, or any infrastructure defect or conditions of the computer center that are inappropriate for the correct operation of the software.

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