GENERAL TERMS AND CONDITIONS
Sokolovska 979/209, 190 00 Prague 9, Czech Republic
Id. No.: 25704222,
VAT ID No.: CZ25704222
(hereinafter referred to as “Provider“)
1. INTRODUCTORY PROVISIONS
- 1.1. These business conditions (hereinafter referred to as “business conditions”) of a commercial company regulate mutual rights and obligations related to the license agreement (the “License Agreement”) concluded between Provider and other person or legal body (the ” Licensee”) through the Provider’s online store. The online store is operated at the www.adwise.cz
- 1.2. The terms and conditions are an integral part of the License Agreement. The license agreement and terms and conditions are made in Czech and English. The license agreement can be concluded in Czech and English.
- 1.3. The Provider may change or supplement these Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- 1.4. E-shop www.adwise.cz is not intended for persons under 16 years of age. A person under the age of 16 can only use the e-shop if their legal representative gives his or her consent.
2. SERVICE DESCRIPTION
- 2.2. The software is used to create visualizations in Microsoft © Power BI ©.
3. ENTERING THE CONTRACT
- 3.1. The Customer orders the Software without registering directly from the web interface of the store.
- 3.2. When ordering the Software, the Customer is obliged to provide all data correctly and truthfully. The data provided by the Customer when ordering the Software are considered correct by the Provider.
- 3.3. The Acquirer acknowledges that the web interface may not be available continuously, especially with regard to the necessary maintenance of the Provider’s hardware and software equipment, or necessary maintenance of third-party hardware and software.
- 3.4. All presentation of the Software at www.adwise.cz is informative and the Provider is not obliged to enter into a contract regarding the Software.
- 3.5. The web www.adwise.cz contains information about the Software, including license fees and license expiration periods. Software license fees are listed without value added tax and all related fees. License fees and license validity periods apply as long as they are displayed in www.adwise.cz web interface. This provision does not limit the Provider’s ability to enter into a License Agreement under individually agreed conditions.
- 3.6. The acquirer agrees to use distance communication means when entering into the License Agreement. The costs incurred by the Customer when using means of distance communication in connection with the conclusion of the License Agreement (internet connection costs, telephone costs) shall be paid by the Customer itself.
- 3.7. The software is distributed electronically to www.adwise.cz or individually as an installation package based on an individual agreement with the Customer. The costs incurred by the Customer when using communication and/or electronic distribution tools in connection with the delivery of the Software shall be paid by the Customer.
- 3.8. To order the Software, the Customer fills in the order form at www.adwise.cz.
- 3.9. Before submitting the order form, the Customer can review and change the information he has entered in the form. The data provided in the order form are considered correct by the Provider.
- 3.10. The Provider is always entitled to ask the Customer for additional confirmation of the order (e.g. in writing, email or by telephone).
- 3.11. The contract between the Customer (hereinafter “Licensee”) and the Provider arises in the manner and terms set out in the License Agreement.
- 4.1. Complaints, in particular the failure to provide a license key in accordance with the order, delay in the provision of digital content, defects preventing its use by the customer, the Licensee shall apply to the Provider without delay, in writing at ADWISE s.r.o., Sokolovská 979/209, 190 00, Prague 9 or by e-mail at firstname.lastname@example.org.
- 4.2. Complaints are assessed by the Provider within 30 working days of receipt, but this period may be extended if the settlement of the complaint requires a longer period. The customer will be informed by the Provider of the extension or rejection of the claim.
- 4.3. Unless otherwise stated in the claim, the Provider undertakes to deal with the recognized defects by providing the new digital content in accordance with the Licensee’s order.
- 4.4. If this is not possible or if the Acquirer so requests in the event of a claim, the Provider shall refund to the Provider, in the event of a legitimate complaint, the license fees already paid.
5. DATA AND INFORMATION PROTECTION, COMMERCIAL COMMUNICATION AND COOKIES
- 5.2. The Licensee agrees to the storage of cookies on his computer. In case that it is possible to make a purchase on the website and fulfill the Provider’s obligations under the License Agreement without storing cookies on the Licensee’s computer, the Licensee may revoke the consent at any time.
6. OTHER PROVISIONS
- 6.1. In relation to the Acquirer, the Provider is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
- 6.2. The Provider handles complaints via the electronic address email@example.com and via the web form at the www.adwise.cz. The Provider will send information on the settlement of the Customer’s complaint to the Purchaser ‘s electronic address.
- 6.3. The Česká obchodní inspekce, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs, online dispute resolution platform located at the http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Provider and the Acquirer.
- 6.4. 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 December 2013 on the settlement of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on the settlement of consumer disputes online).
- 6.5. The Provider is entitled to operate based on a trade license. Trade control is carried out within the scope of its competence by the relevant trade licensing authority. The Úřad pro ochranu osobních údajů is supervising the area of personal data protection. To a limited extent, the Česká obchodní inspekce also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
- 6.6. The Licensee hereby assumes the risk of a change of circumstances in the sense of § 1765 para. 2 of the Civil Code .
- 6.7. If the relationship established by the License Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
- 6.8. The License Agreement, including the business conditions, is archived by the Provider in electronic form and is accessible on request.
- 7.1. Contact details of the Provider: delivery address ADWISE s.r.o., Sokolovská 979/209, 190 00 Praha 9, Czech Republic, e-mail address firstname.lastname@example.org
- 7.2. The acquirer may be delivered to the E-mail address of the Acquirer, which he stated when ordering.
Sokolovská 979/209, 190 00 Prague 9, Czech Republic
Id. No.: 25704222,
VAT ID No.: CZ25704222
(hereinafter referred to as “Provider“) „
1. INTRODUCTORY PROVISIONS
- 1.1. The following End User License Agreement and the Terms of Service are an agreement between you (“You”) and the Provider and sets out the terms and conditions for the use of the Software.
- 1.2. The Software is licensed, not for sale, your use of The Software is governed by the terms and arrangements in this Agreement.
- 1.3. By downloading or using the Software, you agree to this Agreement and the terms set forth therein and you must use Software in accordance with the terms set forth in this Agreement and in accordance with this Agreement.
- 1.4. If you do not agree to the terms and conditions set forth in this Agreement, do not use this software.
- 2.2. “Licensee” is a legal person or natural person who acquires a licence under this Agreement.
- 2.3. The “User” is a person with access to the Software who uses the Provider’s Software to create content, in particular insights, dashboards, reports, applications or any other software objects managed by the Licensee that include the Software.
- 2.4. “License – Free” is a license granted by the Provider to the Licensee, and entitles the Licensee to use the Software in accordance with this Agreement for 1 (one) User. The Software contains by the Provider’s visible protective and identification features.
- 2.5. “License – Trial” is a license granted by the Provider to the Licensee, and entitles The Licensee to use the Software in accordance with this Agreement for 1 (one) User, and the Software does not contain visible trademarks and identification features of the Provider. The duration of this license is limited in accordance with paragraph 3.6. After the expiry of the period referred to in paragraph 3.6. the Software shall be supplemented by visible protective and identification elements of the Provider.
- 2.6. “License – Standard” is a license granted by the Provider to the Licensee, and entitles The Licensee to use the Software in accordance with this Agreement for 1 (one) User, and the Software does not contain visible trademarks and identification features of the Provider. The period of this license is limited to the period referred to in paragraph 3.6. After the expiry of the period referred to in paragraph 3.6. the Software shall be supplemented by visible protective and identification elements of the Provider.
- 2.7. “Enterprise License” is a license granted by The Provider to the Licensee, and entitles The Licensee to use the Software in accordance with this Agreement for an agreed number of Users, and the Software does not contain the Provider’s visible trademarks and identifying features. This license entitles The Licensee to use the Software for reports published through Power BI Service and/or Power BI Report Server. The period of this license is limited to the period referred to in paragraph 3.6. After the expiry of the period referred to in paragraph 3.6. the Software shall be supplemented by visible protective and identification elements of the Provider.
- 2.8. “Installation Package” is a Software assembly for installation by the Acquirer when granting an Enterprise License.
- 2.9. “License Fee” means the fee for granting a License – Standard and/or for granting an Enterprise License.
- 2.10. “Invoice” is a tax document issued by a provider meeting the requirements of accounting and tax legislation.
- 2.11. “Contact Data” means the Licensee’s data that is processed for the purpose of licensing the Software. Their processing is carried out based on the licensee’s consent.
3. LICENSE TERMS
- 3.1. Unless expressly stated otherwise in this Agreement, the Provider hereby grants you a non-exclusive, non-transferable, limited (as set forth below) license to use the Software. This license may not be transferred in any way, either free of charge, or in whole, or in part to any other legal body or person.
- 3.2. You can create an unlimited number of backup / archive copies of the Software provided that your backups / archive copies are not installed or used on any computer / workstation / server.
- 3.3. The Software and all related rights, including proprietary rights, are the property of the ADWISE s.r.o (The Provider) , its licensors or affiliated entities and are protected under the provisions of international agreements and all applicable national laws.
- 3.4. You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code, the basic ideas, UI techniques, or Software’s algorithms.
- 3.5. The term of validity of the licence under this Agreement shall begin in the case of:
- 3.5.1. License – Free: On the date of acceptance of this Agreement by installing, copying, or otherwise using the Software.
- 3.5.2. License – Trial: On the date of the licensee- key sending to the Licensee.
- 3.5.3. License – Standard: On the date of the licensee- key sending to the Licensee.
- 3.5.4. Enterprise license: On the date of the installation package handover to the Licensee.
- 3.6. The term of the licence under this Agreement shall expire in the case of:
- 3.6.1. License – Free: On the date of Software usage termination.
- 3.6.2. License – Trial: Expires 30 days after the start of the license. After the license is expired, the license is changed to License – Free.
- 3.6.3. License – Standard: On the expiration of the period prepaid by the Licensee from the beginning of the license. After the license is expired, the license is
- changed to License – Free.
- 3.6.4. Enterprise License: On the expiration of the period prepaid by the Licensee from the beginning of the license. After the license is expired, the license is changed to License – Free.
- 3.7. The license terminates immediately if you attempt to circumvent any technical safeguards used in connection with the Software or otherwise use the Software in a manner that violates the terms of this Agreement.
- 3.8. Unless expressly stated otherwise in this Agreement, you may not: lend, rent, rent, sublicense, distribute or otherwise transfer all or any part of the Software to a third party; remove or destroy any proprietary or encrypted license keys, trademarks and identification features, or similar security measures contained in or placed on the Software.
- 3.9. If you want to create and redistribute (including free distribution) a new Power BI component using the Software, a separate license agreement must be concluded with the Provider.
4. FEES AND PAYMENTS
- 4.1. License fees are paid in case of:
- 4.1.1. License – Standard: cashless via payment system GoPay,
- 4.1.2. Enterprise License: by bank transfer to CZ2855000000000304921052, SWIFT: RZBCCZPP.
- 4.2. For the License – Standard granted under this Agreement, you are obliged to pay a license fee equal to the amount, currency, maturity and for the period according to the price conditions published on the www.adwise.cz website. The Provider reserves the right to unilaterally change the amount of all fees and rates, but not retroactively.
- 4.3. For the Enterprise License granted under this Agreement, you are obliged to pay a license fee in the amount, currency, maturity and for the period, which will be agreed individually with you.
- 4.4. In addition to the fees provided for in this Agreement, you are also required to pay all the applicable taxes or duties, including value added tax.
- 4.5. In the case of a cashless payment, the Licensee’s obligation to pay the license fees is fulfilled at the time of crediting the relevant amount to the Provider’s account.
- 4.6. The Provider is entitled to claim payment of license fees before sending the license code to the Licensee.
- 4.7. Any discounts on licensee fees granted by the Provider to the Licensee cannot be combined with each other.
- 5.1. The Software licensed by the License – Free is available on Microsoft AppSource and Microsoft OfficeStore.
- 5.2. The Software licensed by the License – Trial and licensed by the License – Standard is available at the www.adwise.cz.
- 5.3. The Software licensed by the Enterprise License is distributed as an installation package under an individual agreement with the Licensee.
- 5.4. The license key for the License – Trial and License – Standard will be sent to the Licensee within 14 days of ordering the relevant license to the e-mail address specified when purchasing the license at www.adwise.cz.
- 5.5. The installation package for the Software licensed by Enterprise License will be distributed to the Licensee within 14 days of ordering the applicable license.
- 5.6. If the Licensee requests and agrees to send the license key or to distribute the installation package in an earlier date, the key or the installation package will be sent or distributed within 1 day from the requested date of sending or from the requested date of distribution reported in the order form.
- 5.7. The invoice will be sent to the Licensee within 3 days of the license ‘s purchase to the e-mail address specified when purchasing at ADRESA EHOPU.
6. CONTRACT WITHDRAWAL
- 6.1. If the license key or installation package of the Software was sent or distributed to the Licensee upon the request and consent of the Licensee at an earlier date than 14 days after of the license’s order, the Licensee may not withdraw from the License Agreement.
- 6.2. In the case that the Licensee did not agree to send the license key or installation package before the 14-day period from the license’s order, the Licensee may withdraw from the License Agreement within 14 days of the order. The withdrawal is made by the form at the www.adwise.cz or by sending a written notice to the contact E-mail address or postal address of the Provider.
- 6.3. In the case of License Agreement withdrawal pursuant to paragraph 6.2, the Provider shall return the paid license fees to the Licensee within 14 days.
7. TERMINATION OF THE AGREEMENT
- 7.1. The License to Use the Software and this Agreement shall terminate immediately after the expiry of the terms referred to in paragraph 3.6 or in paragraph 3.7.
- 7.2. The license to use the Software ends at any time by destroying the Software and documentation together with all copies in any form.
- 7.3. The Provider shall have the right to unilaterally terminate the license to use Software and to unilaterally terminate this Agreement with immediate effect by submitting a written notice, in the event that you have not paid any payment under this Agreement for more than 14 days and have not immediately paid such payment immediately upon receipt of the relevant reminder from the Provider.
8. COLLECTION AND USE OF INFORMATION AND DATA
- 8.1. By installing and using the Software, you agree that the Provider may store your billing and contact information along with information about licensed users.
9. OWNERSHIP of the SOFTWARE
- 9.1. You acknowledge and agree that this Agreement does not grant you any proprietary rights for the Software or any right to use, copy, transfer, modify or publish all or any part of The Software, except as expressly provided in this Agreement.
- 9.2. All rights, legal titles, legitimate interests related to the Software and the know-how developed by the Provider ADWISE s.r.o. related to this Software, including any improvements, updates or modifications to Software, shall always be the property of the Provider ADWISE s.r.o..
- 9.3. The source code and all documentation related to the Software are valuable trade secrets and confidential information of the Provider. You agree to fully comply with your obligations under this Agreement.
10. GUARANTEES AND LIABILITY
- 10.1. You acknowledge that the Software is provided “as is”, and neither the Provider nor any of its licensors or partners or affiliated entities make any warranties, express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose and/or that the Software will not infringe any third party rights.
- 10.2. The Provider or its licensors or partners or affiliated entities make no warranty that the features contained in Software will meet your requirements or that the operation of Software will be continuous or error-free. The Provider and its licensors disclaim all liability arising therefrom. You assume all responsibility for achieving your intended result for installation, use and results obtained from them.
- 10.3. The Provider shall only be liable for direct damages caused as a result of the use of the Software. Compensation is limited to the amount of the license fee paid. In no event shall the Provider be liable for any indirect damages.
- 10.4. The Provider shall not be obliged to assume responsibility for claims made by any third party if you have used the Software in violation of this Agreement, or you have otherwise violated the terms and conditions set forth in this Agreement.
- 10.5. You are liable for damages and costs arising directly ore indirectly from your actions and omissions when using The Softwareand/or your breach of this Agreement.
11. FINAL PROVISIONS
- 11.1. The contract is governed by the law of the Czech Republic.
- 11.2. This Agreement constitutes the entire agreement between you and the Provider regarding Software and supersedes all prior oral or written communications, suggestions and statements regarding the Software.
- 11.3. You have no right to assign or otherwise transfer your rights or obligations under this Agreement, except in the written consent of the Provider.
- 11.4. If any provision of this Agreement is deemed invalid, all other provisions shall remain in force unless such validity results in the purpose of this Agreement being thwarted.
- 11.5. No amendment to this Agreement shall be binding unless it is made in writing and approved by a duly authorized representative of each party. The inability of either party to enforce any right arising from a breach of any provision of this Agreement by the other party shall not be deemed to be a waiver of any right associated with it for subsequent breach of this provision or other right under this Agreement.
- 11.6. The Provider may ask you to provide proof of the number of users who use the Software in your company and how the Software is used in your company.
- 11.7. The Provider may place the logo and name of your company on the website it operates, unless otherwise agreed.