General Terms and Conditions for Using the Bohemica Signage Service
AGREEMENT FOR PROVIDING THE BOHEMICA SIGNAGE SERVICE (hereinafter referred to as "Service") AND TERMS OF USE OF BOHEMICA SIGNAGE
(hereinafter referred to as "Agreement")
issued by the company Poweron s.r.o., Czech registration number (IČ): 062 05 712, with its registered office at Palachova 504/7, Liberec 460 01, Czech republic, represented by Jakub Miřejovský, the owner, registered in the commercial register maintained by the Regional Court in Ústí nad Labem, file number C 39873/KSUL (hereinafter referred to as "Provider" or "Company").
These terms of use of the Service, including URL links, constitute the entire agreement between You and the Company regarding the provision of the Service.
TERMS AND DEFINITIONS
Unless otherwise specified in this Agreement or clearly implied from the context, terms written in uppercase in this Agreement (including annexes) are used in both singular and plural in the following meanings:
Admin access: Privileged access to the Application allowing registration and management of accounts, including an overview of the number of emails sent by individual Users;
Application: Software service available electronically on the website https://app.bsgn.cc, operated by the Provider for the purpose of providing Services; the Application is exclusively owned by the Provider.
Sensitive Data: Information about national, racial or ethnic origin, political opinions, trade union membership, religious and philosophical beliefs, criminal convictions, health status, sexual life of the data subject, and the genetic data of the data subject, or any biometric data that allows direct identification or authentication of the data subject.
Price List: Specifies the amount of Compensation for the Service provided to the User according to the Agreement, is part of the Agreement, and is published on the Provider's website.
GDPR: Regulation of the European Parliament and Council (EU) 2016/679.
User Database: A list or other data of Personal Data of the User.
Media Library: Refers to all data content uploaded by the User through the Application, especially videos and photos.
Display: Refers to the final screen projecting Media, i.e., content uploaded by the User and scheduled for playback using the Application.
Billing Period: Refers to the time period chosen by the User for the payment of Compensation, the choice of which affects the due date of the Compensation.
Necessary Maintenance: Refers to regular maintenance needed to maintain the properties of the Service. It is carried out on the initiative of the Provider, is not a response to any Defect, and refers to the period during which the Service is fully or partially unavailable.
Personal Data: Any information about a data subject based on which they can be directly or indirectly identified.
Civil Code: Law No. 89/2012 Coll., the civil code, as amended by later legal regulations.
User Content: Refers primarily to all materials, information, and works (including copyrighted works) used by the User in connection with the use of the Service, such as texts, images, videos, fonts, etc. It may also refer to works of third parties.
Provider Content: Refers primarily to all materials, information, and works (including copyrighted works) presented by the Provider as part of the Service creates the functional framework of the Service, including its substantive content.
Compensation: An aggregate term for the compensation provided by the User to the Provider for the provision of the Service, as well as compensation for basic service support services, all in the amount specified according to the valid Price List as a Prepaid program.
Service Support: Refers to the services of the Provider that are part of the right to use the Application and are provided on working days, at the level of basic user support of the Application.
Service: Consists of the paid provision of electronic tools for media management, creating and managing an event calendar; providing a specially modified operating system for playing the media calendar on the User's end device.
Consumer: Any natural person who, outside the scope of their business activities or outside the independent performance of their profession, concludes this Agreement with us, the subject of which is the provision of the Service.
Administrator: Specifies the purpose, methods, and means of processing Personal Data. In the case of Appendix No. 1 to this Agreement (processing agreement), the Administrator is understood to be the User.
Data Subjects: A natural person to whom Personal Data relates, most often referring to Subscribers, Users, or potential Users who are still considering using the Service.
User Account: An account for the Application, established under the terms of this Agreement exclusively for the purpose of using the Service.
User: A registered customer who has been set up with a User Account for the Application based on successful registration (also referred to as “you”).
Defects: Error states preventing the proper provision and use of the Service.
(Provider and User hereinafter collectively referred to as "Contracting Parties" and individually as "Contracting Party")
DECLARATIONS, SUBJECT OF THE AGREEMENT, CONTENT OF THE SERVICE
User Declaration: The User declares and undertakes that they are fully capable of legal acts, all information they provide about themselves is true, complete, accurate, and correct, they will not use the Service in violation of the valid legal regulations of the Czech Republic, the European Union, and the country where the User's End Devices are located. They will use the Service only for the purpose for which it is intended, has thoroughly familiarized themselves with the terms of this Agreement before starting to use the Service, unconditionally agrees with them, and will not use the Service in violation of the valid terms of the Agreement.
Obligations of the Contracting Parties: The Provider provides the User with the Service under the conditions specified in this Agreement. The User accepts the Service under the conditions specified in this Agreement and undertakes to pay the Provider the Compensation according to the Price List.
Content of the Service: The provision of the Service, in particular, means: the right of the User to use the Service; the right of the User to have and use a User Account for the Application; the obligation of the User to pay the agreed Compensation according to the current Price List.
User Age: The Provider declares that the Service is not intended for persons under 18 years of age.
Consumers: The Provider declares that the Service is not primarily intended for Consumers but for entrepreneurs or persons in the independent exercise of their profession. If the User is a Consumer, they are obliged to inform the Provider before registration so that the Provider can inform the consumer about his rights.
INTELLECTUAL PROPERTY
Application: The Application, as well as all related software, is the intellectual property of the Provider.
Content: When using the Service, the User is obliged to respect the rights of the Provider and third parties, especially when dealing with copyrighted works and other subjects of intellectual property rights. This applies to the Application, Provider's Content, and User's Content.
Responsibility for User Content: The User is fully responsible for the User Content, which can only be inserted into the Application if it complies with valid legal regulations, this Agreement, and especially does not infringe on the rights of third parties. It is not a breach of this Agreement if the Service is not provided properly due to poor quality, incomplete, or even illegal User Content.
Conditions for using the Service due to individual Application solutions: No provision in this Agreement can be interpreted as a transfer or granting of a license, sublicense, or other user right in the sense of Law No. 121/2000 Coll., the Copyright Act, to those parts of the Application solution that the Provider offers to the User as a service. The User is entitled to use the Service provided thanks to these parts of the Application solution. However, the User does not have the right to reproduce, download, install, or distribute these software solutions in any way. The User is not entitled to process the Application into other software equipment without the written consent (provision of the API key) of the Provider.
Violation of Intellectual Property Rights by the User: Assuming that the User violates the obligations set out in this article, the Provider has the right to withdraw from this Agreement and demand compensation for the damage caused.
Responsibility for User Content: The Provider fundamentally does not bear responsibility for User Content, in accordance with §§ 3, 4, and 5 of Law No. 480/2004 Coll., on certain information society services (Law on certain information services).
USER REGISTRATION
User Registration as a Condition for Using the Service: Registration is a necessary condition for the proper use of the Service; the User meets this condition by acknowledging and committing to perform a proper registration.
Method of User Registration: Registration is carried out by completing the registration form on the website https://app.bsgn.cc, which includes the User's confirmation that they have read and agree with the terms of service according to this Agreement.
Accuracy, Completeness of Data, and Update: The User hereby undertakes to provide correct and complete Personal Data about themselves in the registration form and in the Application. The User is obligated to update these details according to the current status. The User also has the right to change and supplement registration details during the use of the Service.
Notification Obligation in Case of Misuse of Access Data: The User is obliged to immediately notify the Provider of any misuse or even an attempt to misuse their access data and is simultaneously required to immediately select new access data for the User Account. The User is obligated to choose a secure password.
Inviting a New User: The User has the right to invite other Users. In such a case, they are obligated to provide the correct identification details of the new User.
COMPENSATION FOR THE SERVICE AND PAYMENT METHOD
Payability of the Service: The Service is provided for a fee. The User hereby commits to paying the Provider the Compensation for the provision of the Service.
When is the Service Free: An exception is the provision of the service in the Tariff Zone determined by the Price List, which may specify when the Service is provided to the User for free. Once the conditions for providing the Service for free are exceeded, the User is informed with a concurrent blockage of the User Account.
Amount of Compensation: The amount of Compensation is determined according to the valid Price List published on our website https://bohemicasignage.com. All prices in the Price List are listed without VAT, which is charged to the specified price of the Service at the statutory rate.
Price List Change: The Price List can be unilaterally changed by the Provider. Information about the planned change of the Price List will always be available on our website. The planned change of the Price List will be announced at least 15 days before the effectiveness of these changes in the form of a notification in the User Account. If the User does not agree with the change of the Price List, they have the right to withdraw from the Agreement.
COMPENSATION SYSTEM AND PAYMENT METHOD
According to the Number of Activated Displays: The User is obligated to pay the Provider an amount determined based on the number of activated Displays used by the User. If a Display is activated for a period shorter than 1 month, it is billed hourly, and the total amount is reflected in the Billing. At the end of each month, no later than within 5 working days, the Provider issues a Billing that reflects the use of the Service for the past month and determines the amount of compensation. The User is obligated to pay this billing immediately upon its issuance.
Payment Method of Compensation: The User pays for the service as follows: Automatically, based on the stored payment card and activation of Recurring payments via the payment gateway.
Moment of Payment and Activation of the Service: The Compensation is considered paid upon crediting the funds in the agreed amount to the Provider's bank account or upon confirmation of deposit by the payment gateway operator.
User's Delay and Temporary Blockage of User Account: In the event of a delay in the payment of Compensation, or any part thereof, for more than 5 days from the due date of the Compensation, the Provider is entitled to deny the User the right to use the Application (blocking the User Account) under this Agreement and to restore it only after payment of the due Compensation. Activated Displays will switch to the Deactivated state and will no longer display content. Display activation is possible only after the full payment of the Billing.
Overview of Payments and Tax Documents: In the event that the Provider is obliged to issue a tax document, it will be issued by the Provider in electronic form in PDF format, to which the User will have access on their User Account. An overview of payments is available to the User on their User Account.
USER RIGHTS AND OBLIGATIONS
User's Commitment Regarding the Use of the Application and Utilization of the Service: The User undertakes that they will not carry out any actions capable of disrupting or damaging the Application and endangering or disabling the provision of the Service. The User will neither attempt nor use any other interface for accessing the Service other than the one provided by the Provider for this purpose. The User will not disclose all identification data and passwords necessary for accessing the Service to any third party. If the User discovers any misuse of their identification data and passwords by any third party, they will immediately notify the Provider. The User will choose a password for the Application that ensures a high level of security for the User Account.
Media Library Content. The User further undertakes to ensure that the content of the Media Library is in accordance with the legal regulations and this Contract, in particular, the User is obliged to ensure that:
it does not contain any parts that incite or lead to non-compliance with a legal obligation or to the commission of a criminal act or approve of a criminal act or publicly praise the perpetrator of a criminal act;
it does not contain any parts that encourage the misuse of illegal or life-threatening substances or promote or incite the misuse of such substances;
it does not contain any parts that threaten other individuals or groups of residents with killing, injury to health, or causing damage;
it does not contain any parts that defame a nation, its language, an ethnic group or race, or a group of inhabitants for their political beliefs, religion, or because they have no religion;
it does not contain any parts that incite hatred towards any nation, ethnic group, race, religion, class, or other group of persons or to the restriction of rights and freedoms of its members;
it does not contain pornographic works, especially those depicting a child, or in which violence or disrespect for a person is manifested;
it does not allow persons under eighteen years of age access to any pornographic works;
it does not contain false or misleading statement about another person that is capable of substantially endangering their dignity among fellow citizens, especially harming them in employment, disrupting their family relationships, or causing them other serious harm;
it does not support movements that demonstrably aim to suppress human rights and freedoms or proclaim national, racial, religious, or class hatred or hatred against another group of persons, or publicly express sympathy for these movements;
it does not violate intellectual property rights (copyrights, rights related to copyright, industrial rights, etc.) of other persons, especially those of the Provider;
it does not unlawfully use trademarks, trade names, and protected designations of origin to which exclusive rights belong to a third party, or any markings that are interchangeable with them;
it does not promote illegal products and services;
it does not respect any other good morals.
Breach of Agreement by the User. It is not a breach of the Agreement if the Service is not properly provided because the User violated any of the conditions of this Agreement. In the event that the User violates the obligations in Article 7.3 of the Agreement and/or the User Content is in conflict with the rules according to this Contract, the Provider is entitled to immediately stop providing the Service to the User without prior notice, deny access to the Application, and withdraw from this Agreement.
Compensation for Damage to the Provider for Breach of the User's Obligation. If the User violates the obligations under the Agreement, they are obliged to reimburse the Provider for all costs and expenses incurred in connection with the enforcement of claims by third parties against the Provider as a result of the breach of any of the above-mentioned obligations of the User. This does not affect the claim of the Provider and third parties for compensation for damage (both property damage and non-pecuniary damage) caused as a result of the breach of the above-mentioned obligation, which the User undertakes to reimburse to the Provider and/or third parties.
RIGHTS AND OBLIGATIONS OF THE PROVIDER
Service Outages and Provider Liability. The Provider is not responsible for unintentional outages of the Service, but is obliged to make maximum efforts to ensure the Service is reinstated as soon as possible.
Procedure in the event of faults not on the side of the Provider. The Provider reserves the right to limit or temporarily stop the provision of the Service in justified cases of technical faults on the side of the User or on the Internet network, and will inform the User without unnecessary delay. This particularly applies to Internet network outages or circumstances that require the cooperation of third parties.
Temporary Loss of Access to User Content. It is not a breach of the Agreement if the User temporarily loses access to the User Content as a result of limitations or interruptions of the Service.
Access via API. The Provider may allow the User to access the User's data, including Personal Data of Subscribers, via the so-called API interface. In such a case, the User is obliged to ensure that only authorized persons have access to the API interface. The Provider is not responsible for any data losses or breaches of Personal Data protection if this API access is misused, nor in the event that these data are misused after being made available through the API.
User Database. The User is the exclusive creator of the User Database. The User grants the Provider consent to mine the User Database containing data in accordance with the provision of § 90 paragraph 2 of Act No. 121/2000 Coll., Copyright Act, as amended, solely for the purposes of fulfilling the subject of this Contract.
LIMITATION OF PROVIDER LIABILITY
Non-delivery or incomplete display of Media. The Provider is not responsible for any damage or loss that may occur to the User and/or Subscribers in connection with the use of the Service, especially in cases of non-display or incomplete display of Media on the Display. However, the Provider will make maximum effort to rectify or explain the technical error.
Exclusion of Provider Liability. The Provider is not responsible for the completeness and correctness of the data provided to the Provider by the User within the scope of the Service provision. The Provider is also not responsible for any potential loss, breach, or destruction of these transferred data. It is entirely the User's responsibility to ensure an adequate backup of all data on systems before transferring them to the Provider for processing as part of the Service provision, so that no harm is caused to anyone.
Software Integration. The Provider is not responsible for the properties, functionality, or flawlessness of individual software that is integrated or configured for the User to work with the Service. This responsibility lies with the suppliers of the additional software, with whom the User must enter into a contract.
Exclusion of Provider Liability for Damage due to Necessary Maintenance. The User acknowledges and agrees that the Provider is not liable for any potential financial losses incurred by the User caused by the suspension of the Service due to its update or Necessary Maintenance.
Limitation or Prevention of Service beyond the Provider's Control. The Provider is not responsible for preventing or limiting the use of the Service by the User, by any circumstances of a technical nature that the Provider is unable to influence or whose resolution requires the cooperation of third parties.
Limitation of Damage Compensation. In the event that the Provider is liable for compensation for damage or loss that may arise in connection with the damage, the Provider is liable only up to the amount of the Reward paid by the User for the last 6 months. The limitation of damage compensation also includes damage incurred after the termination of this Agreement.
FORCE MAJEURE
Conditions for Invoking Force Majeure. The Contracting Parties are not responsible for the breach of obligations under this Agreement caused by force majeure unless this Agreement states otherwise. Force majeure is understood as any obstacle that occurred independently of the will of the Contracting Parties, which cannot be reasonably expected that the obligated Contracting Party could have averted or overcome this obstacle or its consequences, and further, that this obstacle could have been anticipated by the obligated Contracting Party at the time the obligation arose. Responsibility is not excluded by an obstacle that arose only at the time when the obligated Contracting Party was already in delay in fulfilling its obligation, or arose from their economic circumstances. The effects excluding liability are limited only to the time while the obstacle with which these effects are associated persists.
NECESSARY MAINTENANCE
Necessary Maintenance. It is not a breach of this Agreement if the Service is not provided as a result of Necessary Maintenance. Necessary Maintenance is usually announced in advance through the User Account.
Notification of Necessary Maintenance. The User is obliged to tolerate a short-term outage of the Service consisting of its limitation or interruption, about which the User will typically be notified through the interface of the Application or by Email at least 12 hours before its implementation.
Updates. In addition to Necessary Maintenance, the Provider will also perform free updates of the Application. The purpose of these updates is to improve the provision of the Service and facilitate its operation in the User Account. The Provider is also entitled to limit or suspend the provision of the Service for the time necessary to perform the update. The Provider typically notifies the User of updates through the User Account interface or by Email.
Unintentional Service Outages. The Provider is not responsible for unintentional outages of the Service. However, the Provider is obliged to make maximum efforts to restore the Service as soon as possible.
SERVICE DEFECTS
Right in Case of Defects. If the Service is provided defectively or is not provided to the User in accordance with this Agreement, the User has the right to file a complaint about the defect in the provision of the Service.
Time Limit for Filing a Complaint. The User must submit a complaint about Defects in writing, no later than two (2) days from the moment the User discovered the lack of Service, but no later than 24 hours after the Service is restored, to the email team@bohemicastudio.com. Complaints submitted later will not be accepted by the Provider, and the User loses any right to compensation.
Requirements of the Complaint. In the complaint, the User is obliged to provide their identification, a detailed description of the reasons for the complaint, and the time of their occurrence, or the time of the Service's restoration.
Handling of Complaints. The Provider is obliged to handle the User's complaint no later than thirty (30) days from its receipt. If the complaint is justified, the User has the right to compensation for the defectively provided Service. The submitted complaint does not affect the due date of the Fee.
LIMITATION OR SUSPENSION OF SERVICE PROVISION
Limitation or Suspension of Service. The Provider reserves the right to limit or suspend the provision of the Service to the User if the Provider believes that there is a violation of the terms of this Agreement or legal regulations. Such a decision will be sent to the User no later than at the moment the limitation or suspension of the Service becomes effective, either as an attachment to an email or delivered in another form of a permanent data carrier (usually 15 days in advance). The Provider is not obliged to provide a justification, especially if it can demonstrate that the User repeatedly violated this Agreement, leading to the termination of the Service provision.
Exceptions to the Notification Obligation. The User acknowledges that the Provider is not obliged to notify the User of the decision to limit or suspend the Service at least fifteen (15) days in advance, provided that:
a legal or regulatory obligation applies to the Provider requiring the termination of the provision of Services to a business User in a manner that does not allow for compliance with the notice period;
the Provider exercises the right to terminate the provision of services for an urgent reason under Czech law, which is in accordance with the law of the European Union.
Termination of Service Provision. The Provider reserves the right to make the Service permanently inaccessible at any time. In such a case, the Provider is obliged to justify its decision at least thirty (30) days before the decision to terminate becomes effective. The justification will be sent as an attachment to an email or delivered in another form of a permanent data carrier. At the same time, the Provider will allow access to any User data or Personal Data that arose in connection with the provision of the Service.
DURATION AND OPTIONS FOR TERMINATION OF THE AGREEMENT
Duration of the Agreement. This Agreement is concluded for an indefinite period from the moment of the User's registration for the Service.
Termination of the Agreement. The Provider and the User have the right to unilaterally terminate this Agreement without stating a reason. The Agreement is considered terminated on the last day of the Billing Period in which the termination was given.
Fiction of Termination of the Agreement. The Agreement is considered terminated after two (2) years from the last login to the User Account. In such a case, the Provider is entitled to remove the User Account, including its Content and Database.
Substantial Breach of the Agreement. The Provider has the right to limit or not provide the Service and block the User Account, including the User Content, and immediately withdraw from the Agreement as soon as it discovers a substantial breach of the Agreement. A substantial breach of the Agreement is considered, in particular:
such behavior of the User that is capable of endangering the software necessary to provide the Service;
such behavior of the User in which the User attempts to circumvent the Price List (for example, by splitting the Database to create more free accounts)
the User acts in contradiction to this Agreement;
the User used the Service in such a way that may damage the Provider, and/or even attempted to misuse, block, modify, or otherwise change any part of the provided Service;
the User even attempted to obtain the login names and/or passwords of other Users of the Service;
the User even attempts to use the Media Library during the provision of the Service, to which they do not have the appropriate license to distribute or use the works.
Already Paid Fee and Substantial Breach of the Agreement. In the case of termination of this Agreement according to section 14.5 of this Agreement, the User is not entitled to a refund of the proportional part of the already paid Fee for using the Service.
It is assumed that the User is not a consumer, however, the use of the Service is not prohibited for consumers. In the case of the registration of the User Account by a consumer, we provide the following information about Alternative Dispute Resolution:
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ 000 20 869, internet address: https://adr.coi.cz/cs, is the competent authority for out-of-court resolution of consumer disputes arising from the purchase agreement. The online dispute resolution platform available at the internet address http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the sales contract.
The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according 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 (Regulation on online dispute resolution for consumer disputes).
The Seller is authorized to sell goods based on a trade license. Trade supervision is conducted within its scope by the relevant trade licensing office. The Czech Trade Inspection Authority, within its defined scope, among other things, oversees compliance with Act No. 634/1992 Coll., on consumer protection.
PERSONAL DATA PROTECTION
Processing Agreement. The protection of Personal Data is addressed in the processing agreement, which is Annex No. 1 and an integral part of this Agreement.
Principles of Personal Data Processing. The protection of Personal Data by the Provider is further described in the Principles of Personal Data Processing.
FINAL PROVISIONS
Declarations of the Contracting Parties. Neither Party is the weaker party in relation to the other Party, understands fully the content of this Agreement, and fully agrees with all risks, including the risk of change in circumstances, price level changes, exchange rate and interest rate changes, accepts the obligations stipulated in this Agreement, does not consider the mutual rights and obligations to be unreasonably imbalanced, and assumes the risk of change of circumstances.
Severability Clause. In case of invalidity, ineffectiveness, or apparentness of individual provisions of the Agreement, the Parties will take all necessary steps to replace such invalid, ineffective, or apparent provision with another provision that will be valid, effective, and enforceable.
Applicable Law. For matters not specifically regulated in this Agreement, generally binding legal regulations apply. The Agreement is governed and will be interpreted in accordance with the legal order of the Czech Republic, especially Act No. 89/2012 Coll., the Civil Code, as amended. The Parties have agreed that commercial customs do not take precedence over any provisions of the law, including provisions of the law that do not have compelling effects.
Negotiation of Settlement. The Parties undertake to resolve any disputes that may arise between them in connection with the performance or interpretation of this Agreement by negotiation aimed at mutual agreement.
Requirements for Modification of the Agreement. This Agreement may be amended or canceled only in writing unless otherwise provided in this Agreement.
Declaration of Legal Succession. The Parties declare and agree that the rights and obligations arising for them from this Agreement, in the event of their extinction or any other legal facts resulting in the transfer of rights and obligations, pass to their legal successors.
Validity and Effectiveness. The Agreement becomes valid and effective on the day of its conclusion. The Agreement is concluded through the internet network, by sending the User's registration or by pressing the "I agree", “Sign Up” of “Register” button in the registration process.