2.1 Data means, for example, information, records, images, data, communications or any other information provided or stored within the Software.
2.2 Software means, in particular, the computer program named qikk.ly that represents the data concerned, their structured datasets and the individual software computing functions designed to process that data, including individual, even separate, modules or components, particularly referred to here: https://docs.qikk.ly/.
2.3 Account means the user interface of the Website. At the same time, the Account allows access to certain functions associated with the Software, facilitating communication with the Provider and sending comments on the course of the testing phase.
2.4 Provider means Instarea. The Provider is the owner and/or sole holder of all rights to the work in copyright or other intellectual property rights, in particular to the Data and the Software.
2.5 User means the natural person or a person acting on behalf of the legal person that is a Party and uses the Software.
3.1 The subject-matter of the Agreement shall be the provision of the Software in the form of obtaining access to and use of its computing functions and data. The subject-matter of the Agreement shall also include the rights and obligations of both Parties and other relevant facts stipulated by the Agreement.
3.2 The Agreement shall be concluded at the moment of approval of the User’s request to create the Account and gaining access to the Software upon the Provider’s approval. The request pursuant to the previous sentence shall take the form of registration of the User’s e-mail address by means of the function dedicated therefor on the Website.
3.4 The Provider shall make the Software available during the testing phase free of charge. At the same time, the User declares that by providing any data, information, communication, feedback or reviews of the Software, the User will not claim any financial or any other form consideration against the Provider or any legal successor of the Provider or a third party.
3.6 The Provider may interrupt or terminate the testing phase of the Software at any time, even without giving any reason therefor. Upon termination of the testing phase, the User shall cease to be entitled to any use or retention of the Software or any part thereof. The use of the Software during the testing phase shall not afford the User any legal entitlements for its continuous use, and the Provider shall be not liable for any loss of User’s data or for any obligations assumed by the User against third parties that the User can no longer honour due to the termination of access to the use of the Software by the Provider.
3.7 Within the testing phase, the Software is provided in electronic form by making available its functions and database, which the User acquires by downloading then to the User’s terminal. The Software is or will be available to the User on the Website for the purpose of its downloading.
3.8 Upon the registration of the User’s e-mail pursuant to clause 3.2 and upon successful approval of the User’s request for access to the Software, the Agreement shall be entered into and the Account shall be created.
3.10 The User shall properly protect the login data for the Account from being disclosed and provided to a person other than a Party.
3.12 In connection with the provision of the Software, the User is fully aware that the Provider will be able to use, without any limitation, the information concerning the manner in which the User uses the Software as well as the information provided by the User to the Provider in connection with the use of the Software and information about the activity of the Software for testing purposes.
4.3 The User may terminate the Agreement by withdrawing from it with immediate effect, at any time during its term and for convenience.
4.4 In the case of the procedure under clause 4.1 or clause 4.3, the User shall have the right to obtain data stored by the User in the Software for 7 calendar days after the termination of the Agreement. Any data and information produced by the User’s activities, including reviews and feedback on the use of the Software, may be retained and used by the Provider for the purposes specified by the Provider.
5.4 The User may not damage the operation and structure of the Website and the software by circumventing or breaching the security measures, uploading files containing viruses or harmful programs, entering user accounts of other Users or performing other unfair or unlawful acts violating the laws or infringing on the rights of the Provider.
5.5 The Provider shall not be liable for the content included in the Software, the information and the Data it provides within the Software.
5.6 The User may not use the Software for purposes related to the so-called high-risk activities, such as the use of the Software for medical activities, medical research and records, nuclear-related activities, provision of navigation services, military activities, etc.
6.1 Because the use of the Software during the testing phase is free of charge, the Provider shall not incur any liability to the User arising from liability for defects and a warranty claim made.
6.2 However, you may address your suggestions regarding the provision of the Software to our support centre by sending an e-mail to firstname.lastname@example.org or by contacting us through the helpdesk at support.qikk.ly.
7.1 We strive to ensure continuous provision of our services and their uninterrupted availability on the Website and the functionality of the Software. We use the highest standards of security and serviceability to make our services available whenever you need them. However, we shall not be liable for the failures that we cannot influence in cases of objective and unavoidable technical obstacles or other facts that make it impossible for us to perform. However, we use our best efforts to promptly resolve any existing obstacles.
7.2 We also reserve the right to be not liable for any damage or harm suffered as a result of the use of the Software or any interruption or termination of the use of the Software.
7.3 The Provider reserves the right to terminate its business, the provision of the Software and operation of the Website or its part at any time and to not enter into new Agreements with additional Users.
7.4 The User shall bear full responsibility for the data and information stored by it in the Software, including the fact that it has the data and information legally in its possession.
7.5 The Provider shall not be liable for violating the integrity of the User’s data, leaking or disclosing it to unauthorised persons, in case of a breach of security measures in the User’s terminals or as a result of the User acting in a way that could lead to a breach of data protection, including the omission of customary precautions by the User.
7.6 Any information associated with the use of the Software shall be subject to trade secrecy protection. The User undertakes to maintain confidentiality in relation to this information and to protect it against publication or disclosure to a third party.
7.7 The Provider reserves the right to modify the data stored by the User in the Software during the performance of tasks associated with the service of the provision of the Software. The Provider shall not be liable for any damage or injury caused by this action.
7.8 The Provider reserves the right to provide the data stored by the User in the Software to a third party, in particular a public authority acting in accordance with the law for the purpose of exercising its powers.
7.9 The Provider is not obliged to ensure the storage of data stored by the User in the Software.
7.10 The Provider shall in no way be responsible for compliance with the so-called lawfulness of processing of data within the meaning of Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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 (General Data Protection Regulation), provided by the User, which may be in the nature of personal data, as well as for the fulfilment of any legal obligations imposed on the controller of personal data by the legislation governing the protection of personal data. For the purposes of the Agreement, the use of the Software in a manner that would lead to the processing of personal data, including the processing of personal data in which the Provider acts as a so-called processor of personal data within the meaning of Article 28 of the GDPR, shall be prohibited. Upon its accession to the Agreement, the User declares that it will bear all possible sanctions that may be imposed on the Provider as a result of a breach of this provision.
10.1 The Parties agree that any disputes arising in connection with the fulfilment of obligations under the Agreement will be preferably resolved out of court by negotiation or by mutual agreement. Should the Parties fail to resolve their disputes out of court, the Parties may resolve such disputes through the courts in accordance with the applicable laws of the Slovak Republic. The local jurisdiction of the court is given in accordance with Act No. 160/2015 Coll., the Code of Civil Contentious Procedure, as amended.
Place: Bratislava, Slovak Republic Date: 23 October 2019