Licence Terms
for the use of the computer program “Firma jako tým”
1. INTRODUCTORY PROVISIONS
1.1. These licence terms (the “Licence Terms”) of Focus agency s.r.o., with its registered office at Zubatého 295/5, Smíchov, 150 00 Prague 5, Czech Republic, Company ID No.: 262 12 722, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 80183 (the “Provider”), govern, pursuant to the second sentence of Section 2373(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of the parties arising from the licence agreement concluded between the Provider and another natural person (the “Licensee”) concerning the computer program titled “Firma jako tým”, intended for devices with the “Android” operating system by Google LLC, 1600 Amphitheatre Parkway, California, United States of America, and devices with the iOS operating system by Apple Inc., 1 Infinite Loop, Cupertino, California, United States of America (the “Software” and the “Licence Agreement”).
1.2. If, prior to the conclusion of the Licence Agreement, a separate agreement was concluded concerning the use of the Software and the server computer program communicating with the Software between the Provider and the Licensee’s employer (or another person with whom the Licensee has a similar contractual relationship) (the “Master Agreement”), the Licence Agreement does not arise, and the Licensee’s use of the Software is governed by the Master Agreement.
1.3. The provisions of the Licence Terms form an integral part of the Licence Agreement. The Licence Agreement and the Licence Terms are drawn up in the Czech language. The Licence Agreement may be concluded in the Czech language.
1.4. Upon the Licensee’s consent to a new version of the Licence Terms, the previous licence terms cease to be effective and the new version becomes an integral part of the Licence Agreement.
1.5. In accordance with Section 1752 of the Civil Code, the parties agree that the Provider may unilaterally amend the Licence Terms to a reasonable extent. Any change to the Licence Terms will be notified to the Licensee by e-mail or displayed within the Software. The Licensee may reject the change to the Licence Terms and, in such case, may terminate the Licence Agreement in writing with a notice period of one (1) month.
2. CONCLUSION OF THE LICENCE AGREEMENT
2.1. The Licensee registers with the Provider by filling in the details in the registration form within the Software and sending these details to the Provider by clicking the relevant button (the “Registration Request”), following the reproduction of the Software onto the Licensee’s device. When registering, the Licensee is obliged to provide accurate and truthful information. Following delivery of the Registration Request to the Provider, the Software will be activated for the Licensee. The Licence Agreement is concluded by enabling the Licensee to use the Software.
2.2. The Licensee acknowledges that the Provider is not obliged to conclude the Licence Agreement, in particular with persons who have previously materially breached a licence agreement (including licence terms).
2.3. The Licensee agrees to the use of remote communication means when concluding the Licence Agreement. The costs incurred by the Licensee when using remote communication means in connection with the conclusion of the Licence Agreement (e.g., internet connection costs) shall be borne by the Licensee and do not differ from the basic rate.
3. SUBJECT OF THE LICENCE AGREEMENT
3.1. Under the Licence Agreement, the Provider undertakes to grant the Licensee the right to use the Software (licence) in the manner and to the extent set out in Article 4 of these Licence Terms.
3.2. The licence to the Software is provided free of charge. This is without prejudice to Article 1.2 and Article 8.1 of the Terms and Conditions.
3.3. The Software, including its functionality, may change during the term of the Licence Agreement, in particular as a result of patches, updates, or other modifications to the Software.
4. LICENCE TO THE SOFTWARE
4.1. The Provider grants the Licensee a non-exclusive licence to the Software.
4.2. The licence is granted without territorial limitation (Article 4.4).
4.3. The Licensee is entitled to use the Software by making a reproduction of the Software (installation) on the Licensee’s device. The Licensee is in particular entitled to make a reproduction necessary for the introduction and storage of the Software in the memory of the Licensee’s device.
4.4. The licence to the Software is granted for the duration of the Licence Agreement (Article 8). Prior to the conclusion of the Licence Agreement, the Licensee is entitled to use the Software to the extent necessary to take steps leading to the conclusion of the Licence Agreement.
4.5. The Licensee is entitled to use the Software solely for the Licensee’s own needs.
4.6. The scope of use of the Software may be limited by the Provider’s rights-protection technical measures.
4.7. The Licensee may only use the Software for the purpose arising from the Licence Agreement (Licence Terms) and in accordance with the designation of the Software. Use of the Software through automated processes or robots is not permitted.
4.8. The Licensee is not obliged to exercise the licence to the Software.
4.9. The Licensee may not grant to any third party, in whole or in part, the rights forming part of the licence to the Software without the Provider’s prior written consent (sub-licensing). The Licensee may not assign the rights and obligations under this licence to a third party without the Provider’s prior written consent.
4.10. In the event of patches, updates, or other changes to the Software by the Provider, the licence is granted also to the Software as modified.
5. USE OF THE SOFTWARE BY THE LICENSEE
5.1. The Licensee acknowledges that the Software is protected by copyright. The Licensee undertakes not to perform any activity that could enable the Licensee or third parties to use the Software unlawfully.
5.2. Unless otherwise provided by generally binding legal regulations, the Licensee is not authorised to modify or decompile the Software.
5.3. The Licensee is not authorised to circumvent, remove, or limit mechanisms serving to protect the Provider’s rights.
5.4. The Licensee is not authorised to remove the Provider’s logo or any other designation of the Provider or other persons from the Software.
5.5. The Licensee acknowledges that proper use of the Software may require interaction with other computer programs (for example, an operating system). The Licensee acknowledges that the use of such other computer programs is governed by separate contractual arrangements with the rights holders of those programs.
6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE; COMPENSATION FOR HARM
6.1. Unless agreed otherwise, the Provider’s liability for defects is governed by statutory provisions, in particular Sections 1914 et seq. of the Civil Code and, where the Licensee is a consumer, also by Act No. 634/1992 Coll., on Consumer Protection, as amended. The parties agree that the Provider is liable to the Licensee only for culpable breach of its obligations, unless mandatory provisions of law provide otherwise. The Licensee may exercise the Licensee’s rights arising from the Provider’s liability for defects of the Software with the Provider, in particular at the Provider’s registered office address or by e-mail at the contact address (Article 10.8).
6.2. The Licensee acknowledges that the Provider bears no responsibility for the results of activities for which the Software is used. The Licensee acknowledges that errors may occur during the use of the Software.
6.3. The Licensee is obliged to check the functionality of the Software without undue delay after the Software is made available.
6.4. The Licensee acknowledges that the Provider is not liable for defects of the Software arising as a result of unauthorised interventions in the Software or use of the Software contrary to its specification by the Licensee or third parties.
6.5. The Licensee further acknowledges that, unless agreed otherwise, the Provider is not liable for the functionality of the Licensee’s data network, the functionality of the public data network, the functionality of the Licensee’s hardware, for data backup by the Licensee, for the condition of the Licensee’s other software, or for any interventions by third parties in the Licensee’s other software.
6.6. In the event of harm suffered by the Licensee in connection with the Provider’s liability for defects of performance (defects of the Software), unless the harm was caused by the Provider intentionally or through gross negligence, the parties agree, having regard to the conditions under which the licence is provided, to limit compensation for such harm, including loss of profit, incurred by the Licensee so that the total compensation is limited to CZK 100. In view of all the circumstances related to the conclusion of the Licence Agreement, the parties state that the total foreseeable harm that could arise to the Licensee as a result of defective performance (defects of the Software) may amount to a maximum of CZK 100.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The Provider is not bound, in relation to a Licensee who is a consumer, by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
7.2. Out-of-court handling of consumer complaints is ensured by the Provider via e-mail at the contact address (Article 10.8). Information about the handling of a complaint will be sent by the Provider to the Licensee’s e-mail address.
7.3. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Licence Agreement. The online dispute resolution platform available at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the Provider and the Licensee arising from the Licence Agreement.
7.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
7.5. The Provider is authorised to conduct business on the basis of a trade licence. Trade supervision is carried out within its competence by the relevant trade licensing office. Supervision over personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within the defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.6. The Provider is entitled, after thirty (30) days from the termination of the licence to the Software, to remove from its server all information (data) stored there by the Licensee.
8. DURATION OF THE LICENCE AGREEMENT
8.1. The Licence Agreement terminates if a Master Agreement is concluded. If no Master Agreement is concluded, the Licence Agreement terminates upon the expiry of three (3) weeks from the moment the Licence Agreement is concluded.
8.2. A Licensee who is a consumer is entitled to withdraw from the Licence Agreement within fourteen (14) days of its conclusion. For such withdrawal, the Licensee may use the model form provided by the Provider, attached as Annex No. 1 to these Licence Terms.
8.3. The Provider may withdraw from the Licence Agreement if the Licensee breaches an obligation arising from the Licence Agreement (including these Licence Terms), infringes copyright in the Software, or violates other generally binding legal regulations.
8.4. The Provider may also withdraw from the Licence Agreement at any time if it decides to discontinue operation of the Software. In such a case, the Provider will inform the Licensee of its withdrawal from the Licence Agreement by sending a notice to the Licensee’s e-mail address.
9. PERSONAL DATA PROTECTION
9.1. The Provider fulfils its information obligation within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”), by means of a separate document titled Information on Personal Data Processing.
10. FINAL PROVISIONS
10.1. If the legal relationship established by the Licence Agreement contains an international element, the parties agree that the relationship shall be governed by Czech law. The choice of law under the previous sentence does not deprive a Licensee who is a consumer of the protection afforded to the Licensee by provisions of the legal order from which the parties may not derogate by agreement and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.2. The parties agree on the jurisdiction of the courts of the Czech Republic, unless mandatory provisions of the legal order provide otherwise.
10.3. The Licence Agreement, as well as the rights and obligations arising from or in connection with it, shall be governed in particular by the Civil Code, it being stipulated for the purposes of relations between the Provider and the Licensee that Section 1763 of the Civil Code shall not apply.
10.4. The Provider may assign the rights and obligations under the Licence Agreement to a third party, with which the Licensee agrees.
10.5. The following form an integral part of the Licence Terms:
10.5.1. Annex No. 1 – Consumer Withdrawal Form (from the Licence Agreement).
10.6. If any provision of the Licence Terms is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
10.7. The Licence Agreement, including the Licence Terms, is archived by the Provider in electronic form and is not publicly accessible.
10.8. Provider’s contact details: e-mail address info@firmajakotym.cz, telephone +420 602 119 126.
In Prague on 20 September 2020
Focus agency s.r.o.
Annex No. 1 to the Terms and Conditions – Consumer Withdrawal Form (from the Licence Agreement)
Please complete this form and send it back to the Provider within the statutory period if you wish to withdraw from the Licence Agreement.
| Addressee (Provider): | Focus agency s.r.o. se sídlem Zubatého 295/5, Smíchov, 150 00 Praha 5 IČ: 262 12 722 zapsaná v obchodním rejstříku vedeném u Městského soudu v Praze, oddíl C, vložka 80183 |
| The undersigned Licensee(s) hereby withdraw(s) from the service agreement concluded on | |
| Name and surname of Licensee(s): | |
| Address of Licensee(s): | |
| Date: | |
| Signature of Licensee(s): (if this form is submitted in paper form) |