Terms of ServiceMutual Rights and Obligations Users and Operators stemming from the use of the Applications are governed by the following terms and conditions:
- In this Terms of Service
- "Operator" is Mr. Michal Doubek, IN: 02050501, place of business Husitska 73/76, 417 41 Krupka.
- "Application" means web application named Contributr.io, whose main functionalities are submitting content to microstock agencies, generating metadata with AI models and managing model releases. Application is available on https://app.contributr.io.
- "ToS" means this Terms of Service.
- "Contract" means contract between User and Operator, whose subject is providing a Licence to the User by Operator in terms defined in this ToS.
- "License" means non-exclusive license for using Application in terms defined in this ToS.
- "User" means any individual and/or legal entity who uses the app differentiated from Operator.
- "User account" means non-public part of Application, which is available to User after he/she enters Login credentials.
- "Login credentials" means unique combination of email, User and password chosen by User, which is stored to the database, when User account is being created throught the Application.
- In this Terms of Service
- Process of conclusion of the contract
- Displaying a button named "Sign up" in the Applications user environment is a proposal to enter into a contract by the Operator.
- The User's click on the "Sign up" button is an unconditional acceptance of the User's proposal to close the Contract and the contract is concluded.
- By clicking a button within the meaning of 2.2, the User also expresses his consent to these PLOs, and the Operator commits to inform the User in the Application User Environment.
- With the conclusion of the Treaty, the following provisions of these General Sales Conditions come into effect. With the conclusion of the Treaty, the processing contract in Annex 2 also enters into force and User signals its agreement to the processing of cookies in Annex 1.
- Using Application
- The operator grants the User a License to the extent and under the conditions specified in the Applications user environment, particularly those specified in the User Account type.
- The User commits to the Operator for the Award of the Licence to pay the remuneration specified in the Application User Environment, and if the remuneration is not specified for a particular use (especially for a given User Account), the Licence is to be provided free of charge.
- Where a Licence is awarded for remuneration, the Operator shall have the right to provide performance of the Contract (e.g. to make available a given part or functionality of the Application) only when the remuneration for the provision of the Licence has been paid and, if the User for the Licence does not pay the remuneration in full within the Operator's specified period, otherwise immediately, the Contract shall be terminated without further delay.
- The operator is entitled to make full and/or partial inaccessibility upon expiry of the Licence User Account to User.
- A user may not set up more than one User Account.
- All financial transactions made through the Apps or Payment Gateway linked to Applications shall be deemed to have been paid by crediting the entire relevant amount to the relevant bank account of the Operator.
- The operator shall have the right to shut down, modify and/or make available the Application or part of it at any time from the appropriate Internet address, for any reason.
- The user has the right to use the Application under the terms of the Treaty in the current version available from the relevant internet address.
- When using the Application, the user commits to act in such a way that he or the Operator will not be harmed by using the Application.
- The user has the right to grant a third party sub-license to use the Application via their User Account. Any damage caused by the use of the Application by this third party is guaranteed by the User.
- The user may only upload content to the app for which they have copyright. Operator shall not be liable for any damage caused by the User in breach of this provision.
- In addition, the operator explicitly informs Users that the copyright of the content stored in the Application remains exclusively with the User, if indeed the copyright holder.
- The user does not have the right to extract the database associated with the Application by machine (especially using so-called software robots).
- The User and the Operator hereby negotiate that any data entered by the User into the Applications database are parts of the database collected by the Operator and become part of the Operator's database, without any right accruing to the User through his actions described in this paragraph to the Applications database.
- The Contracting Parties are aware, consistently declare and do not dispute that the Application satisfies the conditions of the ust. § 562(1) of the EEA Agreement. 2 of the Civil Code (CZ), that the data records in the Application and its database as an electronic system are reliable and are carried out systematically and sequentially and are protected against changes.
- Liability for damage
- The provisions of this article of the General Sales Conditions do not apply to consumers.
- The user thereby expressly waives the right to compensation from the Operator unintentionally or not through gross negligence on the part of the Operator in breach of any obligation Operators referred to in the Treaty in connection with the implementation of the Treaty or in these General Sales Conditions.
- Changes to ToS
- User notes that the Operator concludes the Treaty in the ordinary course of trade with a larger number of persons and the Treaties are by their nature binding in the long term to the same type of re-fulfilment with reference to these General Sales Conditions. The Contracting Parties do not dispute that the nature of the Operator's obligations under these General Sales Conditions implies, and already before the conclusion of the Treaty, a reasonable need for a subsequent amendment of these General Sales Conditions.
- The Contracting Parties hereby agree that the Operator may amend this General Sales Conditions to an appropriate extent, while agreeing that the amendment of the General Sales Conditions will be notified to the User, as the other party, via an e-mail message sent to an e-mail address provided by the User to the Application. In such a case, the user has the right to refuse the amendments to the General Sales Conditions and the obligation in question between him and the Operator to terminate on notice one (1) calendar month starting on the day following the dispatch of the notice which the Contracting Parties hereby agree is sufficient to procure similar benefits from another entity.
- In the event of the conclusion of a new Contract to an existing User Account (i.e. the renewal or extension of a User Account), such a Contract shall be governed by the General Sales Conditions as they stood at the date of conclusion of such a Contract.
- Privacy protection
- The operator is legally obliged to protect and safeguard the personal data provided. The operator therefore uses various effective security technologies to protect personal data from unauthorised disclosure or use.
- Mandatory consumer information
- This article of the General Sales Conditions is only effective against a User who is a consumer. The provisions in this article of the General Sales Conditions do not apply in particular to business owners - sole traders or commercial companies.
- The operator hereby informs Users that:
- address for service of documents The operator shall be the same as the above address for the residence of the Operator;
- Operator telephone contact is +420 774 646 172;
- The Operator's Email address is email@example.com;
- The Operator's remuneration for the Licence is set including all taxes and charges and its amount and/or method of calculation is set out in the Application;
- The user is obliged to pay the Operator the remuneration for the Licence if the Licence is not provided free of charge in one of the ways listed in the App user environment for the respective option;
- The user does not incur delivery costs;
- to use Application requires Internet access and Google Chrome;
- The user shall have the right to withdraw from the Treaty without giving any reason and without any penalty within 14 days of receipt of the performance. Taking delivery means providing a Licence;
- No cost shall be incurred by the User using means of distance communication in relation to the Operator;
- Contract closing details including these business conditions are stored in the Applications database and the User can access them through the User Account.
- The User has the ability to detect errors by checking the User Account;
- correcting errors made when entering data can also be done through Applications and there, where the Application does not allow it, through the technical support whose contact is listed in the Application;
- The operator complies with all applicable laws of the Czech Republic; no other codes are binding on the Operator;
- No out-of-court dispute resolution means are used by the operator;
- the object of the contract is not the supply of goods, thus the Applications are not covered by the provisions of the Claims Act; liability for obvious or hidden defects of the Applications, which the Applications had at the time it was made available to the Users, may be invoked to the Operator under the conditions laid down by law, the Contract and these ToS;
- The User is obliged to comply with this ToS, which are also part of the Contract, and the existing and effective legislation of the Czech Republic;
- The User can complain to the supervisor or the state supervisor. The Czech Trade Inspectorate handles out-of-court consumer complaints in the manner and under the conditions laid down in the relevant legislation.
- Applicable law
- These ToS and the Contract are governed by the legal order of the Czech Republic, in particular Act No 89/2012 Coll., Civil Code, as amended.
- Any disputes arising under the Contract and/or these ToS will be decided on substance and locally competent courts of the Czech Republic.
- Electronic sales register
- Under the Act on the Record of Sales, the seller is required to issue a receipt to the buyer and is also required to register the receipt with the tax authorities online; in the event of a technical failure, within 48 hours at the latest.
- More information is available on the following websites: https://www.etrzby.cz/en/zakladni-informace-pro-zakazniky.
- An invoice containing the obligatory particulars and a receipt pursuant to Act No 112/2016 Coll., on the Record of Sales, is received by the User via a link to download these documents or as an attachment to an email. The buyer agrees with this.
- Coming into force
- This ToS come into force by 17/10/2019.
Annex no. 1 - Agreement with processing cookies1. What are files cookies
Cookies are short text files that a website sends to your browser. They allow the website to record information about your visit, such as your chosen language and the like, so the following visit to the site may be easier and more pleasant for you. Cookies are important because without them, browsing the Internet would be much more difficult. Cookies allow better use of our website and tailor its content to your needs; almost every website in the world uses them. Cookies are useful because they increase the user-friendliness of a repeatedly visited website.2. Types of cookies
Relational (that is, temporary) cookies allow us to link your individual activities while you browse these websites. When your browser window opens, these files become active and deactivate when your browser window is closed. Relational cookies are temporary, and when you close your browser, all those files are deleted.
Persistent cookies help us identify your computer if you visit our website again. Another advantage of permanent cookies is that they allow us to tailor our websites to your needs.3. Using cookies
Such approval is granted for a period of 2 years.
Internet browsers typically include the management of cookies. As part of your browser's settings, you may be able to manually delete individual cookies, block or disable their use altogether. For more information, use the help of your internet browser.4. Purpose of using cookies
K personalizaci obsahu a reklam, poskytování funkcí sociálních médií a analýze naší návštěvnosti využíváme soubory cookies. Informace o tom, jak náš web používáte, sdílíme se svými partnery působícími v oblasti sociálních médií, inzerce a analýz.
Soubory cookies využíváme, kromě účelu uvedeného v předchozím odstavci, pouze pro účely stanovené v obchodních podmínkách.
Annex no. 2 - Data Processing Agreement
- The operator may act as a processor of personal data to the User and to the data subjects whose personal data it has entered into the Application, in particular, for example:
- people, pictured in User's content;
- Owners of property pictured in User's content;
- Personal data will be processed by the Operator for Users for the duration of the VOP contract concluded
- The operator processes personal data solely on the basis of User's instructions made in accordance with with this contract.
- The operator shall observe confidentiality regarding personal data being processed and shall ensure that those authorised to handle personal data oblige the User to the Operator to keep confidential or were subject to a legal duty of confidentiality.
- The operator undertakes to take all necessary measures in accordance with Article 32 of the GDPR.
User as Personal Data Manager gives processing instructions via Application:
- instruction to collect, correct, modify or supplement personal data by entering it in the Application;
- command to clear data in the Application using the red "Remove" or "Delete" button the record concerned and subsequent validation of the action;
- instructions to move the data to a third country in the Application by sending (clicking on the "Submit" button) pictures with the contracts attached.
- The operator is obliged to erase all personal data and copies of it at the request of the User, or to return it to the User upon termination of the Treaty. The operator shall delete these data within 60 days at the latest.
- The operator shall keep records of the processing of personal data under the Minimum Contract to the extent specified in paragraph 1. 2 of Article 30 of the GDPR.
- Any suspicion of a breach of personal data security or any other unauthorised access to personal data shall be reported by the Operator to User by email no later than 24 hours after the discovery.
The operator shall provide the User with all information necessary to demonstrate that the obligations set out in the Terms of Service or the Regulation relating to personal data have been fulfilled and shall allow the User to be audited to a reasonable extent.
- The audit deadline must be notified to the Operator at least 30 days in advance. The audit scope shall not unduly interfere with the Operator's operational needs.
- The audit costs are borne by the User himself, including external audits which he does not carry out himself.
- The user shall be required to keep confidential all information relating to the Operator which comes to his knowledge in the course of carrying out the audit and, where appropriate, to undertake such confidentiality for all persons authorised by him who participate in the audit.
Consent to Process Personal Data for Marketing PromotionPersonal Data Manager
- The data controller is Michal Doubek, based at Husitska 73/76, 417 41 Krupka.
- Personal data processor
- The processor of the personal data is Michal Doubek, based at Husitská 73/76, 417 41 Krupka.
- Any member of the administrator's staff may also process personal data.
Check box before sending registration
within the meaning of ust. § 5(2)) 2 of Act No 101/2000 Coll., on the protection of personal data, as amended (hereinafter also referred to as the "Privacy Act"), and in accordance with Article 4(2) of the Act No 101/2000 Coll. 6, par. Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Regulation on the protection of personal data), which will take effect on 25. 5. 2018,
I agree to collect, retain and process my personal data provided by me to the controllers.What data will be processed
- Name and surname, or business name,
- email address,
- phone number
To send personalized marketing messages and contact Users about their satisfaction and feedback.Time for personal data to be retained
The controller will retain personal data for as long as is strictly necessary. At the latest, the controller will keep personal data for 5 years.How will personal data be processed and stored?
Personal data will be processed:
machine (automated) through computers and computer programs;Data subject's rights, information and access to personal data
As a data subject, I have the right to access my personal data, to have it rectified or erased, or to have the processing restricted. I have the right to request information about what personal data are being processed and I have the right to request explanations about the processing of personal data.
Furthermore, I have the right to object to the processing as well as the rights to the portability of the data (i.e. the right to obtain personal data concerning me which I have provided to the controller, in a structured, commonly used and machine-readable format, see more precisely Art. 20 GDPR).
I have the right to withdraw consent at any time, without prejudice to the lawfulness of the processing based on consent given before its withdrawal, if the processing is based on Art. 6, par. 1 pt. 9, par. 2(a) GDPR. This means that I do not have such a right in particular if the processing is necessary to fulfil the legal obligation to which the controller is subject (in particular, the obligation relating to the LVTČ).
As a data subject, I am informed that I can withdraw consent to provide the data by completing the form on the website at www.contributr.io or by sending an email to firstname.lastname@example.org.
As a data subject, I have the right to request information about the processing of my personal data, which the controller is obliged to transmit to me without undue delay. The content of the information is determined by § 12(2). 2 of Act No 101/2000 Coll., on the protection of personal data, as amended. The AIFM shall have the right to request an appropriate remuneration for the provision of the information not exceeding the costs necessary to provide the information.
As a data subject, I have the right to contact the controller or the Privacy Office in case of doubt about compliance with obligations related to the processing of personal data.
The controller shall declare that the processing does not involve automated decision-making, including profiling, referred to in Article 10a(2). 22, par. 1 and 4 GDPRs.
The controller declares that personal data are not processed for scientific or historical research purposes or for statistical purposes.
The controller declares that it will process the personal data:
machine (automated) through computers and computer programs;Final provisions
As a data subject, I declare that I am aware of my rights under ust. § 12 and § 21 of the Privacy Act and my rights under the GDRP.
I declare that all data provided is accurate and true and is provided voluntarily.
The controller declares that it will collect personal data to the extent necessary to fulfil the purpose and process them only in accordance with the purpose for which they were collected.
Such consent shall be a free and conscious expression of the will of the data subject, the content of which shall be the data subject's consent to the processing of personal data.