1. General Provisions
- 1.1. The company ANECT as, with its registered office at Purkyňova 646/107, 612 00 Brno - Medlánky, Czech Republic, ID No. 25313029, registered in the Commercial Register kept by the Regional Court in Brno under file number B 2113, (hereinafter the “Provider”) is a provider of the CLASHING, the content of which is an electronic educational game focused on cyber security (hereinafter referred to as the "Service").
- 2.1. The Provider declares that it has the right to provide the Service to the Client in the agreed extent and that the Service is not encumbered by any rights of third parties that would in any way restrict the Customer in using the Service under the Agreement and these Conditions. The Provider further declares that no unresolved copyrights or other similar rights are attached to the Service on its part.
- 2.2. The Client is obliged to ensure that the Service is used by the Client and its employees exclusively in the extent specified in the Contract and these Conditions.
- 2.3. Unless expressly permitted in the Agreement, these Terms or the relevant legal regulations, the Client is not entitled to: (a) copy, lend, rent, sell, assign, provide or otherwise distribute the Service or part thereof (especially the visual form of the Service) without express written permission of the Provider, (b) use the Service for purposes other than as agreed in the Agreement, use the Service to provide consulting services or use the Service for any commercial services without the prior written consent of the Provider, (c) change, adapt or modify the Service or create derivative works thereof; (d) perform any retrospective analysis, decomposition or decompilation of the Service in any way (including reverse engineering allowing mutual cooperation) or any part thereof, except as permitted by applicable law, and only to the extent as permitted by applicable law; (e) allow third parties access to or use the Service, except as expressly permitted in the Agreement or these Terms, (f) grant consent to the use of the Service and / or assign the right to use the Service to third parties except as provided in the Agreement or these Terms (g) supplement the Service with defective content, especially in an illegal, defamatory, untrue or offensive manner.
- 2.4. The Customer is entitled to grant the right to use the Service exclusively to persons under common control with the Client. In such case is the Client responsible for the use of the Service by such persons to the same extent as if the Client was using the Service himself.
- 2.5. The Provider is entitled to suspend the use of the Service to the Client with immediate effect in the event of a breach of the rules of use specified in Article 2, paragraph 2.3 of these Conditions.
- 2.6. The Provider is entitled to publicly use a reference to the Client´s use of Services in Provider´s marketing activities, including but not limited to use of Client´s logo on Provider´s website www.clashing.com.
3. Liability for defects
- 3.1. The Provider is not liable to the Client for any direct or indirect damage or injury incurred by the Client in connection with the use of the Service beyond the scope of liability stipulated by the relevant legal regulations.
- 3.2. The Provider undertakes to eliminate free of charge such defects that arise during the use of the Service, except when these defects arise as a result of the Client's activities. Defects arising from the Client´s activities will be removed by the Provider for a fee as part of professional support.
- 3.3. The Provider undertakes to protect the Client's data from misuse or unauthorized use, but shall be in no case not liable for damage caused by the loss of the Client's data or their misuse or unauthorized use beyond the scope of liability stipulated by the relevant legal regulations.
- 3.4. The Provider's liability for any damage incurred by the Client or its employees in connection with the use of the Service is limited to a lower amount from: a) the price paid for the use of the Service for the last 12 months or b) the amount of CZK 10,000 (ten thousand Czech crowns).
4. Duty of confidentiality, processing of personal data
- 4.1. The Contracting Parties undertake to maintain the confidentiality and protection of confidential information communicated by the other Contracting Party, as well as to respect the principles of information security.
- 4.2. For the purposes of effective communication between the Parties and for the purposes of fulfilling the Agreement or legal obligations, the Parties collect and process to the extent necessary personal data of contact persons, employees of the Client, representatives and / or other data subjects participating in the performance of this Agreement (hereinafter "affected personnel" ) in the range: name, surname, email address, place of work, job position, telephone number, company. The parties are independent controllers of the personal data of the entities concerned and will each independently and at their own expense fulfill their obligations arising from the applicable legal norms and regulations.
- 4.3. The Provider undertakes to proceed with the processing of personal data of the affected personnel in accordance with the relevant legislation governing the processing of personal data, in particular EU Regulation No. 2016/679 on the protection of individuals with regard to the processing of personal data (hereinafter "GDPR") and the related Act No. 110/2019 Coll., on the processing of personal data.
- 4.4. The Provider may not provide the personal data of the affected personnel or part thereof to any third party, even for non-commercial use, except where personal data is transferred under conditions similar to those set out in this Agreement to third parties cooperating in the development of CLASHING service or is obliged to provide personal data of the affected personnel on the basis of a valid legal regulation or with the consent of the Client.
- 4.5. The Provider undertakes to ensure that it does not transfer personal data of the entities concerned outside the European Economic Area, unless the Client has given his prior written consent, such steps being taken after adequate protection of personal data has been ensured and always in accordance with applicable legislation for protection of privacy, which may include the conclusion of standard contractual clauses by the Provider, and the Provider shall meet all other requirements necessary for the transfer of personal data to be in full compliance with the Client's security standards.
- 4.6. Detailed conditions of the personal data processing of the affected personnel are available on the Provider´s website (https://www.anect.com/zasady-ochrany-osobnich-udaju/).
5. Changes to the Terms
- 5.1. The current valid version of the Conditions is available on the Client's website. The Client is entitled to unilaterally change these Conditions, but always at least 30 days in advance. In the event that the Client does not agree with the new version of the Conditions, he is entitled to terminate the Agreement or the use of the Services as of the effective date of the new version of the Conditions. In such a case, the Client is entitled to a proportionate part of the price paid for the unspent Services.
6. Term, Termination
- 6.1. These Terms become valid and effective in relation to the Client on the date of validity and effectiveness of the Agreement, or on the date of commencement of use of the Service, if the Agreement is not concluded between the Provider and the Client. Each of the parties is entitled to terminate the Agreement or the use of the Service at any time by giving 30 days' notice. In the event of termination by the Client, the Client is not entitled to any reimbursement of paid costs for the use of the Service, even in the event that the Agreement is terminated before the date of use of the prepaid Services.
- 6.2. Each of the parties is entitled to terminate the Agreement or the use of the Service at any time by giving 30 days' notice. In the event that Client is entitled to use the Service in the Initial Period free of charge according to the Provider's offer, he is entitled to terminate the Agreement or the use of the Service also by termination on the last day of the Initial Period. Each party is entitled to withdraw from the Agreement in the event that the other party has breached the Agreement or these Terms. The Provider's delay in making the Service available to the Client for more than 30 days for reasons exclusively on the part of the Provider is considered a material breach of the Agreement on the part of the Provider. Delay in payment of the Price longer than 90 days is considered a material breach of the Contract on the part of the Client. Withdrawal must be made in writing and must be delivered to the other Party.
- 6.3. Upon termination of the Agreement, the parties undertake to settle mutual obligations no later than 30 days from the termination of the Agreement, provided that the parties do not agree to use the Service from the date of termination and the Provider is not obliged to return the price already paid to the Client, except in case of withdrawal of the Client as a result of a material breach of the Contract by the Provider.
- 6.4. The termination of the Agreement does not affect the obligation of the contracting parties to pay damages incurred by the other contracting party for the duration of the Contract.
7. Final provisions
- 7.1. In the event of a conflict between the Agreement and these Conditions, the provisions of the Agreement shall prevail.
- 7.2. If a court or government authority determines that any provision of these Terms or the Agreement is invalid or ineffective, the other provisions of these Terms or the Agreement, as well as the Agreement as a whole, shall remain in full force and effect. The Contracting Parties shall replace an invalid or ineffective provision with a valid and effective provision so that such provision best achieves the intended economic, legal and commercial purposes of the invalid or ineffective provision.
- 7.3. All disputes arising from this contract and legal relations established by this contract will be resolved by a Czech court, whose local jurisdiction will be determined by the address of the Provider's registered office, in accordance with Czech law, especially Act No. 89/2012 Coll., The Civil Code.