\n\nGeneral Business Conditions<\/span><\/h1>\nThese General Business Conditions (\u00abConditions\u00bb) govern, on a detailed basis, the mutual rights and obligations in connection with the provision of services and the use of the <\/span>Teamogy<\/b> application.<\/span> Information about personal data processing and personal data processing principles are then included in the Personal Data Protection Principles issued by the Provider.<\/span> If you do not agree with the conditions or the principles, do not create your Customer Account and do not use the service.<\/span><\/p>\n1. Glossary of Terms<\/span><\/h1>\n\n- \n
The Teamogy web application<\/b> (<\/span>hereinafter referred to only as the \u00abApplication\u00bb<\/b>) is an <\/span>Internet-accessible (online)<\/span> software application available after logging in on an Internet browser at xxx.teamogy.com (where xxx is the name of the legal \/ natural person who will be using the system). The Application <\/span>may only be used on the basis of an agreement concluded between the Provider and the Customer<\/span>.<\/span><\/p>\n<\/li>\n- \n
Customer<\/b> – is a legal or natural person or another entity that decides to use the Application and that sets up a Customer Account itself or provides the Provider with the data required for the Provider to be able to set up a Customer Account for the Application and that then accepts that the Customer Account is created. <\/span><\/p>\n<\/li>\n- \n
Customer\u2019s Invoicing Details<\/b> – are the data that each Customer must provide when establishing a Customer Account for invoicing purposes. If, within one Client Account, more than one legal entity is registered that is authorised to use the Application, the Customer is such an entity whose Invoicing Details are designated by the Customer for invoicing. <\/span><\/p>\n<\/li>\n- \n
Customer Account<\/b> – is an account set up for a Customer on the basis of the Customer\u2019s consent specified by a unique identifier (domain name and company name). By providing the necessary data by the Customer to the Provider and by granting the Customer’s consent with its establishment, the Customer Account will be established within the Application from which individual User Accounts are then created for specific Customer\u2019s users to log in.<\/span><\/p>\n<\/li>\n- \n
User<\/b> – is a natural person designated by the Customer to whom a Customer Account was created either by the Customer or by the Provider at the Customer\u2019s suggestion. The User logs in to their User Account with their username, password and, in addition, an SMS verification code that is required when they first log in on a device by the means of which the User has not yet logged in the Application.<\/span><\/p>\n<\/li>\n- \n
Provider <\/b>of the Application is the AD-IN-ONE Europe, a.s., with its registered office at Bavorsk\u00e1 856, Prague 5, 155 00, Company ID No. 280 82 869, registered in the Commercial Register maintained by the Municipal Court in Prague, file No. \u00a0B 14840.<\/span><\/p>\n<\/li>\n- \n
Licence<\/b> is the authorisation to use the Application under the terms and conditions agreed in the Agreement and the Conditions, solely for the Customer’s entrepreneurial purposes.<\/span><\/p>\n<\/li>\n- \n
Agreement<\/b> is an agreement <\/span>on provision of services and on a provision of a licence to use the Teamogy web application<\/b> an integral part of which are these Conditions and the Pricelist. By electronic expression of consent – by accepting the creation of the <\/span>Customer Account<\/b> by the Customer, the Agreement is concluded in accordance with the Conditions and the Personal Data Protection Principles, whereby the Customer expresses its consent to the content of the Agreement.<\/span><\/p>\n<\/li>\n- \n
The <\/span>Partner<\/b> is a representative of the Provider in a given specific region or state, authorised to represent the Provider for the purpose of providing the supply, support and services related to the Application. <\/span><\/p>\n<\/li>\n- \n
Supported Region<\/b> is a country for which the Application is adapted, supported and developed.<\/span><\/p>\n<\/li>\n- \n
Data Centre Region<\/b> – is such a region where the Application data are physically stored. <\/span><\/p>\n<\/li>\n<\/ol>\n2. Introductory Provisions<\/span><\/h1>\n\n- These Conditions govern the rights and obligations of the Customer and the Provider in connection with the use of the Application under the concluded Agreement. The Customer\u2019s and Provider\u2019s arrangements that differ from the Conditions shall always take precedence over the content of the Conditions while these Conditions shall apply to the extent not governed by an individual arrangement between the Customer and the Provider.<\/span><\/li>\n
- When creating a Customer Account and individual User Accounts, the Customer is obliged to enter true and complete data relating to his\/her person or company. These data will be further used by the Provider for the basic set-up of the Application for the purposes of its use by the Customer. The use of personal data provided by the Customer to the Provider is governed by the <\/span>Personal Data Protection Principles<\/span> located on the Provider’s website.<\/span><\/li>\n
- The Provider exercises the rights to use the Application he has developed under the registered name of Teamogy and is entitled to provide such rights under the contractually agreed conditions to the Customer.<\/span><\/li>\n
- When using the Application, the Customer stores the content in the Application on data storage sites within cloud services mediated by the Provider.<\/span><\/li>\n
- The Customer declares to have become acquainted with the Conditions, functions and the purpose of the Application in detail, and hence has a strong interest in using the Application under the conditions set out below as a tool to process the Customer\u2019s own business agenda for the Customer\u2019s entrepreneurial activities.<\/span><\/li>\n<\/ol>\n
3. The Licence<\/span><\/h1>\n\n- The Application is an application software product for entrepreneurial purposes that serves, in particular, for filing jobs \/ projects, generation and filing of documents, generation and filing of invoices issued to clients, filing of purchase invoices, time planning of users and reporting of their time worked –<\/span> namely to the extent in which the Application allows it by the range of its functions and by<\/span> the chosen configuration of the Application.<\/span><\/li>\n
- The Application is a copyrighted work within the meaning of the Copyright Act and <\/span>is the subject of copyrights of the Provider and, as the case may be, the authors of individual content parts of the databases and software. Copyright is subject to protection under applicable legal regulations and to protection under the criminal law. Its violation may be prosecuted using both civil and criminal legal means.<\/span> Similarly, the Application is subject to protection by the act on trademarks and other intellectual property legal regulations.<\/span><\/li>\n
- By establishing a Customer Account, the Provider provides the Customer with a non-transferable, territorially unlimited and non-exclusive Licence to use the Application. The Licence is granted to the Customer<\/span> for the duration of the Customer Account and only for the use in its entrepreneurial activities.<\/span><\/li>\n
- The Licence is granted to the Customer on the basis of the Agreement concluded, depending on the configuration of the Application selected by the Customer. The payment <\/span>for the Licence is always included in the final payment for the use of the Application under Article 6 of the Conditions.<\/span><\/li>\n
- The subject of the Licence is not the authorisation to use graphic elements of the user interface of the Application by reproducing, spreading and communicating them to the public. The Customer is not entitled to modify and reproduce the Application, distribute and otherwise cede it to or allow even temporary use of it by a third party and thus create derivative works.<\/span><\/li>\n
- The Licence also applies to the use of any updates of the Application by which the Provider replaces or supplements the original Application over the duration of the Customer Account unless such an update is associated, under specific conditions determined by the Provider, with a separate licence in which case the conditions of the separate licence would take precedence.<\/span><\/li>\n
- The Application cannot be used in a way that would interfere with the rights of the Provider. <\/span><\/li>\n
- The Customer does not have any rights in connection with the Provider\u2019s trademarks.<\/span><\/li>\n<\/ol>\n
4. Rights and obligations of the Customer<\/span><\/h1>\n\n- The Customer is entitled to use the Application <\/span>in full extent<\/span> of its functions according to the configuration of the Application selected by the Customer.<\/span><\/li>\n
- All data that the Customer stores in the Application are solely the property of the Customer and the Customer has all rights in respect of them and is responsible for their content.<\/span><\/li>\n
- The Customer is authorised to make it possible for the Application to be used by multiple legal entities within the Customer Account. The Customer is thus entitled to enter and manage the data of multiple legal entities.<\/span><\/li>\n
- The Customer is entitled to establish more Customer Accounts.<\/span><\/li>\n
- The Customer undertakes not to use the Application in any way that would, in any way, interfere with the rights and legitimate interests of the Provider or third parties or that would violate any legal regulations. In particular, the Customer is forbidden:<\/span>\n
\n- to send through the Application any form of communications with inappropriate, deceptive or detrimental content or content that would harm the Provider or a third party or would be in conflict with good morals and \/ or legal regulations;<\/span><\/li>\n
- to disclose through the Application, hateful or any discriminatory manifestations, pornographic content, manifestations instigating to violence or the suppression of fundamental human rights and freedoms and other content that could damage the Provider’s reputation and would be in conflict with good morals and \/ or legal regulations;<\/li>\n
- to use the Application for unlawful activities or purposes;<\/span><\/li>\n
- to send bulk messages or spam through the Application.<\/span><\/span><\/li>\n<\/ol>\n<\/li>\n
- It is forbidden to interfere with and alter the Application, penetrate into it in an unauthorised way other than through the user login, systematically search for errors in it, <\/span>to affect in any way <\/span>its appearance and functionalities or to engage in any activity that could lead to overloading and\/or disturbing the stability, security or running of the Application or the related software or hardware. Manners of unauthorised violation are in particular:<\/span>\n
\n- an attempt to sign in to a Customer Account other than one\u2019s own;<\/span><\/li>\n
- an attempt to sign in to a User Account other than one\u2019s own;<\/span><\/li>\n
- modification of the Application code in any way.<\/span><\/span><\/li>\n<\/ol>\n<\/li>\n
- The Customer and its Users undertake to protect their login data that serve the purposes of using the Application and to secure them against loss, theft and abuse, in particular, they undertake not to disclose or otherwise provide access to third parties and not to allow access to third parties access to the Customer\u2019s and its Users\u2019 Customer Account. If the Customer or any of its Users suspects that the login information could be abused, the Customer will change the User’s login information without any delay or will request that such a change of the User’s login information is carried out by the Provider.<\/span><\/li>\n
- The Customer is obliged to acquaint all Users and the Customer\u2019s employees and other persons in a similar contractual relationship or other persons using the Application within the Customer’s activities with all rights and obligations arising from these Conditions directly affecting the User and the use of the Application. The Customer is responsible for all acts of Users within the use of the Customer\u2019s Licences to the Application under these Conditions.<\/span><\/li>\n
- The Customer is obliged to pay to the Provider properly and on time a consideration for the use of the Application in accordance with the Provider’s Pricelist published on the Provider’s website. <\/span><\/li>\n<\/ol>\n
\n<\/ol>\n<\/ol>\n5. Obligations and Rights of the Provider<\/span><\/h1>\n\n- The Provider is obliged to operate the Application and to take care of the Customer’s stored data.<\/span><\/li>\n
- The Provider is obliged to develop the Application so that it matches the current level of modern available technologies, namely at its sole discretion.<\/span><\/li>\n
- The Provider is obliged to adapt the Application to applicable legislation (e.g., GDPR) in the Supported Regions.<\/span><\/li>\n
- The Provider is obliged to secure the data stored by the Customer in the Application against unauthorised access, in particular in the following ways:<\/span>\n
\n- not to save Users\u2019 passwords other than in the encrypted form that does not allow reverse decryption;<\/span><\/li>\n
- to operate multi-factor login of Users (as per the Customer’s settings, either each time they log in or when they first log in using a not yet used device for logging into the Application);<\/span><\/li>\n
- to record devices used for logging in by each User and to provide a list of such User’s devices to the Customer;<\/span><\/li>\n
- to record (or limit, as required by the Customer) IP addresses from which individual Users have been or can be logged in; <\/span><\/li>\n
- to record (or limit, as required by the Customer) geographic regions from which individual Users have been or can be logged in;
<\/span><\/li>\n<\/ol>\n<\/li>\n- The Provider is obliged to encrypt the selected data stored in the Application, in particular as follows:<\/span>\n
\n- to encrypt all data that can be encrypted within the capabilities of the Application functionality, using the RSA 256 (or higher) encryption algorithm or another one, as required by the Customer;<\/span><\/li>\n
- to ensure that the data are encrypted directly at the point of their origin (in the web browser of the User) and that their transfer to a remote storage site is already encrypted;<\/span><\/li>\n
- to ensure that the data retrieved from the system were encrypted only at the point where they are viewed (in the web browser) by the User;<\/span><\/li>\n
- to ensure that data are encrypted to such an extent that they are not (or are to very limited extent) identifiable and readable by Provider’s employees or administrators of the Application;<\/span><\/li>\n
- to ensure that keys (passwords) needed to decrypt data are never stored in unsecured form in the Cloud application data so that they are only available to the Customer and the Customer\u2019s Users in the form required for decryption.
<\/span><\/li>\n<\/ol>\n<\/li>\n- The Provider is obliged to store the Customer\u2019s data at least in two availability zones, i.e. in two geographically separate locations within one Data Centre Region.<\/span><\/li>\n
- The Provider is obliged to ensure the backup of data in the Application on a regular basis, in particular as follows:<\/span>\n
\n- to back up at least once in 24 hours;<\/span><\/li>\n
- to save backups safely and in an encrypted manner.
<\/span><\/li>\n<\/ol>\n<\/li>\n- The Provider is obliged to store data and to operate the Application in the Data Centre Region of the Customer\u2019s Supported Region according to paragraph 10.<\/span><\/li>\n
- The Provider is obliged to notify the Customer of:<\/span>\n
\n- a suspected unauthorised access to the Application via the Customer\u2019s access rights;<\/span><\/li>\n
- a suspected leak of the Customer\u2019s data stored in the Application;<\/span><\/li>\n
- suspicious\/extraordinary behaviour of the Customer\u2019s User.
<\/span><\/li>\n<\/ol>\n<\/li>\n- The Provider is obliged to issue to the Customer the contents of the Customer Account (data) upon termination of the Customer Account.<\/span><\/li>\n
- The Provider is obliged to issue a proforma for the given month and to inform the Customer if the amount charged should change as from the forthcoming period.<\/span><\/li>\n
- The Provider is obliged to issue an invoice to the Customer for each payment made;<\/span><\/li>\n
- The Provider is obliged to provide service support for the Application according to a tariff chosen by the Customer and detailed in the Pricelist.<\/span><\/li>\n
- The Provider is entitled, without prior notice, to terminate the Customer Account or otherwise prevent the use of the Application by the Customer reasonably believed to be in breach of the Conditions or to use the Application in violation of generally binding legal regulations, good morals and generally accepted ethical and moral principles and generally accepted rules of the use of services provided over the Internet or even to commit or facilitate criminal activities, offences or other delicts, irrespective of the chosen tariff of use.<\/span><\/li>\n
- The Provider is entitled to cancel, without a prior notice, a free Customer Account if the Customer has not logged in to it for more than 6 months. <\/span><\/li>\n
- The Provider is entitled<\/span> to block, disable, or <\/span>remove the content stored in the Application on the Customer Account<\/span> if it believes this would be <\/span>in breach of these Conditions<\/span>.<\/span><\/li>\n
- The Application is provided by the Provider to be used by the Customer in the condition in which it is as at the date when <\/span>the Agreement is concluded. <\/span>The Provider is entitled to alter and modify functions, settings, the user environment and any other parameters of the Application at any time during the use of the Application or use of the Licence by the Customer without prior notification of the Customer and the Customer acknowledges and agrees with this. For the avoidance of any doubt, the Parties acknowledge that the Provider is entitled to do the changes and modifications mentioned in the previous sentence also in relation to the existing Customer with whom the Agreement has already been concluded (that is not only in relation to the future Customer).<\/span><\/li>\n<\/ol>\n
6. Payment for using the Application<\/span><\/h1>\n\n- Every new Customer is entitled to use the Application free of charge for a trial period of 30 days. The trial period of 30 days starts running at the moment when the Customer Account is created. Each Customer is entitled to use the Application free of charge only once as a maximum. If, upon expiration of the trial period, no further use of the Application for consideration is confirmed, i.e. the first payment is not credited to the Provider’s account for the Customer’s use of the Application, the Customer Account will be cancelled within 14 days of the expiration of the trial period.<\/span><\/li>\n
- The right to a trial period may be checked by the Provider on the basis of the information provided by the Customer including, inter alia, the Customer’s name, address of the registered office and the registration number of the Customer (a legal or natural person), the e-mail address, the payment method or the ID of the Device registered on the Customer Account in order to prevent abuse of the trial period. In the event that the Provider suspects that the trial period is abused, the Provider is entitled to take immediate measures to prevent such an abuse, including the termination of the Agreement.<\/span><\/li>\n
- The Application is provided in one basic configuration with the possibility of additional ordering of advanced functions by the Customer pursuant to the Pricelist set out in Annex 1.<\/span><\/li>\n
- All payments associated with the use of the Application within the Customer Account are always payable regularly in advance for the selected licence period. By paying the payment according to the Pricelist for the given licence period arranged or selected by the Customer, the <\/span>Customer Account will be activated for this period<\/b>. If the Customer makes a change of the configuration of the Application on his own or if the Customer requests the Provider or the Partner to make this change, the charged amount will be changed according to the Pricelist from the month that follows or from the selected licence period when the changes were activated. <\/span><\/li>\n
- The payment for the Customer’s use of the Application will be made via the payment gateway. The Customer acknowledges that the Customer will be redirected to make the payment and that the payment is governed by the payment service providers\u2019 own terms and conditions.<\/span><\/li>\n
- The Customer has the option<\/span> of choosing a licence period for the Application <\/span>in which the payment for the use of the Application will be regularly paid according to the Pricelist. <\/span><\/li>\n
- For the avoidance of any potential doubts, the Customer agrees that, if the Customer chooses to make a payment for the use of the Application using a payment card, the respective amount will be, automatically and repeatedly, in the selected time intervals, withdrawn (i.e. without the need to enter additional data by the Customer) from the account to which the payment card specified by the Customer is related.<\/span><\/li>\n
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