License conditions and terms of use

Article I
Initial provisions

  1. These License Conditions govern the contractual relationship between the provider of the internet application Clevork and the licensee as established by the License Agreement concluded in accordance with Section 40 and the following provisions of Act no. 618/2003 Coll., Copyright Act, as amended (hereinafter referred to as “Copyright Act”), as well as the relationship between the provider and the user who agreed to the terms of use and uses the services provided by the provider. 

Article II
Definitions

  1. The Provider of the internet application Clevork is:
    Commercial name:  KFB Control Ltd., registered with the Commercial Register of District Court in Bratislava I, section: Sro, file no.: 19582/B,
    Registered seat: Svätoplukova 19, 900 27 Bernolákovo,
    Corporate ID number: 35 772 042,
    Tax Identification Number: 202 023 26 54,
    EU VAT Identification Number: SK 202 023 26 54.
  2. The Licensee is every natural person older than 18 years or legal entity that entered into license agreement with the provider, which subject matter is the license to use the internet application Clevork for one or more users.
  3. The User is every natural person or legal entity who uses online application Clevork via his user account and has agreed to the terms of use.
  4. Service means all features, tools and services which belong to the internet application Clevork and are provided for users via the websites www.clevork.com or app.clevork.com (hereinafter referred to as “clevork.com”). Service consists in recording data and activity of a person who uses the service/service user.
  5. A User account is an account of the service user which is used by the service user, contains his personal and payment information, and was created for the purpose of using the service.
  6. The Login details are the details which the user shall insert when logging in into his user account (username, password).
  7. Content means all audio recordings, video recordings, audio-visual recordings, text, graphs, software, and any other data that could be recorded, created and used in relation to the use of the service. 

Article III
Copyright

  1. Pursuant to Copyright Act no. 618/2003 Coll., the internet application Clevork (hereinafter referred to as the “service“) qualifies as work of the provider who exercises personal and economic rights of the author.
  2. The service is exclusively accessible to registered users to whom the license was granted upon the license agreement entered into with the provider.
  3. Any use of the work, particularly its creation, reproduction, public distribution, alternation, translation and adaptation, public display, public exhibition, public performance or communication shall be prohibited without the prior consent of the author.
  4. The content released by the provider on the website clevork.com shall be protected by the Copyright Act. The content of the website is freely accessible to the users, who can use it exclusively for the purpose of using the service. Any use of the work, particularly its creation, reproduction, public distribution, alternation, translation and adaptation, public display, public exhibition, public performance or communication is subject to consent of the provider. Without the prior written consent of the provider, any use of the work for purposes other than those previously specified shall be forbidden.
  5. Content created by the user while using the service qualifies as his work. The provider shall not be liable for this content.

  Article IV
License agreement

  1. The publication of the license conditions on the website clevork.com shall be considered as an offer to enter into the license agreement. By accepting the license conditions via checkbox during registration on website clevork.com, the licensee enters into the license agreement.
  2. Pursuant to the license agreement the provider grants limited, exclusive and non-transferable license to use the service.
  3. Service shall only be used upon the license granted by the provider in accordance with the license conditions and terms of use, and to the extent of the purchased license.
  4. The license granted by the provider shall contain his consent to use the work by one or more users according to selected price range.
  5. The license agreement is concluded for an indefinite period of time.
  6. The license agreement shall be terminated by a cancellation of the user account by either the provider or the licensee without giving any reason thereto.  
  7. The cancellation of the user account of the licensee shall result into the cancellation of the user account of each and every user to whom the use of service was permitted upon the license granted to the licensee. 
  8. The provider shall be entitled to cancel the user account of the licensee and the user in the event that:
    •  the licensee is in delay in the payment for the service,
    •  the licensee breaches the license conditions, terms of use, Copyright Act or any other applicable laws,
    •  the licensee enables an unauthorized person to use the service,
    •  the licensee harms the reputation of the provider.
  9. In the event that the agreement terminates by cancellation of the user account, the licensee shall not be entitled to a partial reimbursement of the price paid for the service.
  10. In the event that the user account is cancelled, the provider reserves the right to irretrievably remove its content.

Article V
Payment Conditions

  1. Upon entry into license agreement between the Provider and the licensee, the licensee undertakes to pay the license fee.
  2. The license fee and payment conditions are subject to valid price list published on the provider´s website.
  3. The licensee undertakes to pay the license fee regularly, each month. The license fee is due in advance, always on same day of a month as trial period has expired.
  4. There is no withholding tax included in license fee. Once paid, it is non-refundable.
  5. The Provider reserves the right to amend the price list provided that he notifies on any such fact no later than 14 days in advance.

Article VI
Rights and Obligations of Parties

  1. The licensee shall be obliged to act in accordance with this license conditions, term of use and applicable laws.
  2. The licensee shall be obliged to prevent any unauthorized access to his user account and undertake all measures to prevent any misuse of login details, otherwise he shall be liable for damage incurred by the provider as a result thereof.
  3. The provider undertakes to grant the licensee unlimited online access to the service via website clevork.com to the extent and under the conditions set out by the license. The licensee acknowledges that due to upgrading of the service, repair, maintenance and force majeure the service provision may be temporarily interrupted. The provider shall not be liable for any temporary interruption of the service provision nor for any potential loss of data of the licensee or the user.

Article VII
Terms of use of the work

  1. The use of service is exclusively accessible to the person entitled to use the service pursuant to the license granted to the licensee who entered into licence agreement with the provider and paid the license fee. The use of service is subject to creation of a user account.
  2. The user shall be obliged to register true and veritable information when creating the user account, to the extent determined by the provider.
  3. The user undertakes to use the service in accordance with the license conditions, terms of use and applicable laws.
  4. The user undertakes not to use the services in a manner that breaches the rights and protected interests of the provider or third parties.
  5. The user undertakes to compensate damages incurred by the provider in relation to third party claims, if such damage occurs in connection with the use of the service by the user in contradiction with the law or in relation thereof.
  6. The user shall be obliged to prevent any unauthorized access to his user account and undertake all measures to prevent any misuse of login details, otherwise he shall be liable for damage incurred by the provider as a result thereof. 
  7. The user acknowledges that the provider shall not be liable for any damage incurred by or in relation to use of the service.
  8. The provider shall not be liable for any loss, misuse, damage or any other interference with the content of the user.

Article VIII
Guarantee

  1. The provider provides the services ad corpus. The provider shall not provide a guarantee for the services, whether explicitly stated or implicitly.  
  2. The User bears all and every risk related to the use of the service. The Provider shall not be liable for any damaged incurred by the licensee, user or any other third party in relation to the use of the service.

Article IX
Protection of personal data

  1. The provider processes personal data of concerned persons in accordance with Act No. 122/2013 Coll. on Protection of Personal Data as amended.
  2. Information on the processing of personal data are pursuant to Section 15(1) of Act No. 122/2013 Coll. on Protection of Personal Data as amended, made public in the section Protection of personal data.

Article X
Final provisions

  1. The provider reserves the right to change, amend or rescind any provision of these license conditions and terms of use at any time. Changes of amendments of the license conditions and terms of use shall become valid and effective upon their publication on the website clevork.com. The licensee and the user undertake to regularly monitor the changes and amendments of the license conditions and terms of use.
  2. The fact that a provision of the license agreement is or becomes null and void shall not render the entire agreement null and void thereby.
  3. Any relations, rights and obligations of the parties not regulated by the license agreement, general business terms and conditions or the terms of use shall be governed by the relevant provisions of the Copyright Act and other applicable laws.
  4. The parties have agreed that the contractual relationship between the provider and the licensee, the relationship between the provider and the user as well as all legal relations constituted hereby shall be governed by the laws of the Slovak Republic.
  5. In the event of any dispute, the jurisdiction of the Slovak courts shall apply. 

Revision.: 1.1    Revision date: 05.11.2014