The rights and obligations of users and Dativery
Dativery s.r.o., Olešná 51, Němčovice, 338 24, Czech Republic, Company Identification No.: 05574617, Tax Identification No.: CZ05574617 (“Dativery”)
The user for the purposes of these Terms & Conditions is any entity that uses any service and/or application offered through www.dativery.com and/or other digital distribution platform for applications, whether provided by a local computer, cloud application, by telephone, e-mail or in any other form (the “User”).
(hereinafter referred to together as the “Contracting Parties”)
General Terms & Conditions
- These Terms & Conditions of Use (the “Terms & Conditions”) govern the legal relations between the User and Dativery for the use of services and/or applications and/or content offered and supplied through www.dativery.com and all its sub-domains and subpages and other digital distribution platforms, whether in the form of content, applications on a local computer, or application service provided remotely via the Internet, by telephone, e-mail or in any other form (the “Services”).
- The User expresses his agreement with these Terms & Conditions and the content of the Services in their current form by using the Services or any of its parts.
- Dativery reserves the right to change any Terms & Conditions and Service or any part thereof without prior notice. The parts of the Terms & Conditions or the Services changed in this way are an integral part of and subject to these Terms & Conditions. Changes to the Terms & Conditions shall, without undue delay, appear in these Terms & Conditions. By using the Services or any part of the Services after the change of the Services or the Terms & Conditions you accept this change and signify your acceptance of the new form of the Service or the Terms & Conditions.
- These Terms & Conditions shall be governed by, construed and subject to the laws of the Czech Republic and the European Union directives in the valid extent at the time of use of the Service. If these Terms & Conditions are in a language other than Czech, then in case of doubt, ambiguity or potential dual interpretation, the Terms & Conditions in the Czech language, located at https://www.dativery.com/en/terms/, are always binding. Nevertheless, Dativery will make all reasonable efforts to avoid a difference in meaning. All disputes, inconsistencies or claims arising out of these Terms & Conditions or in connection with them are under the jurisdiction of the courts of the Czech Republic. The court of first instance is the District Court for Prague 5.
Use of the Services
- The Service is provided as is. Its provision is dependent on the availability of a range of services from third parties. If there is a Service outage due to a malfunctioning third-party service, this shall be considered as a Force Majeure situation. During such power outages Dativery is not in a position to take responsibility. Nevertheless, it shall make all reasonable efforts to restore it in a proper and timely manner, and in accordance with its description.
- The User is responsible for the legality of all actions related to use of the Service.
- The User uses the Service at his own risk.
- The User shall not use the Service for illegal activities.
- The User must be over eighteen years of age and must provide a valid e-mail address as well as any other information if required.
- The User is obliged to pay attention to the security and privacy of his account.
- The User agrees that Dativery shall not be responsible for any special, indirect, incidental or consequent damages, including, without limitation, lost income or lost profits, damage to privacy or name, which would result from the use and/or unavailability of the Service.
- Dativery reserves the right to immediately suspend the provision/use of the Service without notice, especially, but not only, in cases of suspected overloading of any part of the Service, intrusion, disruption of running applications, efforts at reverse engineering, obtaining data of third parties, or any threat to the Services.
- Dativery reserves the right to suspend the operation of any User’s account 30 days after notification.
- The Service and all its parts, such as text, code, design, user interface, application, website or information architecture, are the sole property of Dativery and may not be used, copied, misused, pre-sold or reproduced without the express written consent of Dativery.
- The Service is provided in a paid version and a free version. The free version is completely free of charge for configurations defined by Dativery. The User may not run multiple accounts at the same time in the free version.
- Any part of the Services and any local version can have its own price. These are always prices without local taxes, such as VAT, which is added to the final account. The price of the version is always indicated on the relevant page of the website of the Services and in the payment confirmation process.
- Fees include only those taxes that are explicitly stated on the invoice – billing document. The payment of all other taxes and administrative fees under the applicable legislation is the exclusive responsibility of the User.
- The Service is paid in advance and payments are not refundable. There can be no refund or credit for adding the unused part of the prepaid period, reducing the extent of use of the Service or unused idle time with an open account.
- Dativery reserves the right to change the payment terms and prices of the Service or any part of it 30 days after notice.
- Dativery reserves the right to change the payment conditions and prices of the Service or any part thereof upon 25 days’ notice.
Closing an Account/User Data
- An account may be cancelled at any time by the owner of the account by asking support services in Dativery. The User has the sole responsibility for this step. Dativery will cancel the account and erase all user data associated with the Service 90 days after the cancellation.
- If any user account remains inactive for a period of 9 months it will be cancelled. Dativery shall erase all user data associated with the Service 90 days after the cancellation.
- Violation of any part of the Terms & Conditions by the User may be grounds for immediate cancellation of the User’s account and deletion of all data associated with it.