for the Use of LinkSketch Application (the “Terms”)
1. Introductory Provisions
These Terms regulate the rights and obligations associated with the use of the Internet application LinkSketch, available at the web site (URL) https://www.linksketch.com (the “Application”).
The Application provider is Qsiga s.r.o., a company with an office at Suchý vršek 2107/30, 158 00 Prague 5, ID No.: 29009235, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 159620 (the “Provider”).
The Application is a web service used primarily for sketching pictures with a possibility of shared drawing involving more than one user, at the same time.
The Application user is each individual or legal entity who has a user account created in the Application (the “User”).
Access information (login name and password) are sent to the e-mail address of each User upon creation of the given user account. The User is obliged to safeguard the access information against theft, loss or misuse and to keep it confidential. The User is obliged to inform the Provider without delay of any loss or unauthorised use of the password. The Provider is not liable for any detriment caused in connection with any misuse of access information. If the User forgets their password, it is not possible to send the password again to the User, as the Provider does not keep password records in his databases for security reasons. In such a case, the User must set a new password.
The User is exclusively liable for any and all activities performed within their sketches.
2. Licensing Arrangement
The Application is a copyrighted work within the meaning of Act No. 121/2000 Coll., on Copyright, Rights Associated with Copyright and Amendments to Certain Other Acts, as amended (the “Copyright Act”). Pursuant to the Copyright Act and pursuant to international treaties on copyright to which the Czech Republic is a contractual party, the Provider exercises author’s economic rights pertaining to the Application shall be exercised by the Provider.
The Provider hereby grants the User a limited, non-transferable, non-exclusive licence to use the Application, including its updates and upgrades, if any, within the territory of the state of User, within the scope of functionality of the Application.
The licence pertaining of the Application is granted free of charge.
The User is not entitled to transfer the licence or any part of it to any third party or to grant any rights constituting the scope of the licence to any third party without the Provider’s prior written consent. The rights of the Users pursuant to these Terms shall not be affected.
These Terms do not grant any rights to the User in connection with the trademarks or any other intellectual property rights of the Provider, unless otherwise stated in these Terms.
3. Rights and Obligations of Users
The User is entitled to use the Application drawing and sharing sketches, within the scope allowed by the Application functionality and as set forth in these Terms.
The Users are obliged not to use the Application in any manner impairing any of the rights of the Provider or any third parties.
The Users may not remove from any outputs generated from the Application any of the Provider’s trademarks, the Provider’s business name, name of the Application, information regarding copyright or any other intellectual property rights, unless otherwise agreed with the Application Provider in writing.
The User is obliged to refrain from any interference in the Application or any part thereof, in particular from making any changes, reproductions, modifications, de-compilations or reverse engineering.
The User shall be responsible to the Provider for the correctness and completeness of the information stated in the course of the registration process. At the same time, the User is obliged to update this information without delay or notify the Provider of any changes thereof. The Provider shall not be responsible for any detriment caused as a consequence of stating incorrect or obsolete information.
The User shall be liable for any and all detriment suffered by the Provider, its other customers or third parties as a result of a breach of these Terms and/or applicable legal regulations by the User, and the User is exclusively liable for any content stored within their user account.
4. Rights and Obligations of the Provider
The Provider is entitled to perform planned temporary shutdowns of the Application for the purpose of its maintenance and updates or upgrades.
The Provider is entitled to perform unplanned temporary shutdowns of the Application, if required by the circumstances and if necessary to be performed without delay for the purpose of ensuring proper functioning of the Application.
The Provider is not responsible for any non-functionality of unavailability of the Application caused by the User or any third party.
The Provider undertakes not to edit or modify in any manner the Users’ data stored in the Application.
In view of the fact that the use of the Application requires hardware and software compatible with the Application and an Internet connection, the use of the Application may be affected by the performance capacity of these devices. The Application in particular requires a web browser that supports Javascript, HTML5 and CSS3. Recommended browsers are Internet Explorer - version 11 and up, Firefox - version 31 and up, Chrome – version 37 and up. The Provider is not liable for any non-functionality of unavailability of the Application caused by any technical or other problems at the side of its subcontractor, a breakdown or shutdown of the Internet network between the User and the Provider’s servers or by force majeure. The Provider is not responsible for any unavailability of the Application in the case of non-functionality of the User’s connection to the Internet.
The Provider shall be obliged to inform the User in sufficient advance, if technically feasible, of any breakdowns, shutdowns or any other important changes to the Application’s operation.
The Provider reserves the right to their own discretion to amend, improve and repair any functions of the Application, to update the Application or to change the parameters of the Application and its versions and the User hereby agrees therewith.
5. Fee for the Use of the Application
The Application is granted free of charge. Sketches are automatically deleted after specific time period because of limited server storage capacity. To increase this time, the Provider reserves the right to charge an additional fee.
Additional fee shall be paid by means of subscription pursuant to the up-to-date price list of the Provider, as published on the web sites www. linksketch.com. The amount of the fee is set out in the Provider’s price list exclusive of applicable VAT.
The Provider shall issue an advance payment invoice to the Customer for the relevant amount of the fee and VAT (if applicable) and send it to the Customer’s email address.
The Provider shall further issue advance payment invoices to the Customer for the next periods no later than 10 days before the expiry of each subscription period. Should the Customer fail to pay the fee for the subsequent period before the termination of the relevant subscription period, the Application shall automatically switch into the free version.
Any and all tax and accounting documents shall be sent by the Provider to the Customer in electronic form, to the Customer’s email address provided upon placing the order and the Customer hereby agrees with such method of delivery.
Invoices and advance payment invoices shall be deemed paid upon fulfilment of all the conditions listed below:
a) the payment is remitted to the correct account of the Provider, as specified in the relevant tax document;
b) the precise amount is remitted in the correct currency, as specified in the relevant tax document;
c) the payment is remitted with the correct variable symbol; and
d) the payment is credited to the Provider’s account.
6. Guarantees
The Provider does not guarantee and is not responsible that the Application is:
a) compatible with any of the User’s hardware or software;
b) available and that its operation is uninterrupted, secure or error-free;
c) compliant with the User’s requirements or that it meets any specific level of performance or functionality; or
d) free of any viruses, unauthorised interventions, damage or any other security defects.
The Application is being provided “as is”, without any guarantee, express or implicit. Any and all risks associated with the use of the Application shall be borne by the User.
The Provider is not responsible for any potential loss of data caused by technical problems.
The Provider does not guarantee in any manner the availability and speed of the Application. The User shall not be entitled to any compensation of any detriment suffered as a consequence of the Application unavailability.
In the event of non-functionality or breakdown of the Application, the User shall be obliged to report the defect to the Provider, no later than within 24 hours after the commencement of the Application non-functionality.
The Provider does not provide any customer support.
The Provider is only liable towards the User for damage suffered by the User as a consequence of a breach of these Terms by the Provider. However, the Provider shall not be liable for any detriment that may occur and that could not have been foreseen by the Provider as a result of its breach of these Terms. The Provider’s liability shall not under any circumstances cover any business losses that may be suffered by the User, including but not limited to any loss of data, lost profit, impaired reputation or interruption of business activities.
Nothing of the content of these Terms excludes potential liability of the Provider for:
a) injuries, death or another harm to the natural human rights;
b) detriment caused intentionally or resulting from gross negligence, including damage caused by fraudulent conduct;
c) any facts with respect to which exclusion or limitation of liability or any attempt for exclusion or limitation of liability by the Provider would be considered unlawful.
7. Termination of the Relationship
The Provider is entitled to suspend the use of the Application by the User, if it can be reasonably assumed that the User is in breach of any legal regulations or these Terms in connection with their use of the Application, in order to investigate the matter.
The Provider may terminate the contractual relationship with the User by notice without any notice period, if the User’s activities or the content uploaded by the User can be classified, fully or partially, as any of the following:
- contrary to the legal regulations of the Czech Republic or applicable international treaties;
- contrary to good manners;
- infringing copyright or any other intellectual property rights of the Provider or any third parties;
- causing distribution of unwanted messages (spam);
- direct or indirect impairment of any rights of the Provider or any third parties;
- overloading the infrastructure, technical or software devices of the Provider or any other parties;
- endangering privacy or security of any other systems or persons.
The contract between the Provider and the User shall be terminated upon delivery of the Provider’s termination notice to the User.
The Provider is entitled, subject to prior notice, to cancel the User’s account ,if the User hasn’t logged into the Application for more than 6 months.
The Provider reserves the right to cease to operate the Application at any time. In such a case, the Provider shall send a termination notice to the User’s email address.
The User shall be entitled to cease to use the Application at any time.
The User shall not be entitled to any compensation in connection with the cancellation of its user access to the Application, except as set forth in these Terms.
8. Confidentiality and Personal Data Protection
Both the Provider and the User undertake to maintain confidentiality of any information learned in connection with the establishment and operation of the Application and of any information entered into the Application by the User and not to disclose such information to any third party without the other party’s prior written consent. This restriction shall not apply to the disclosure of information that:
a) is required by applicable legal regulations or decision issued by a competent authority; or
b) is addressed to expert consultants and advisors who are bound by confidentiality obligation at least within the same scope as stipulated in these Terms.
For the purpose of the Application operation and fulfilment of the Provider’s obligations under these Terms and applicable legal regulations, personal data of the Users will be processed by the Provider as the data controller within the meaning of Act No. 101/2000 Coll., on Personal Data Protection, as amended (the “Personal Data Protection Act”). The processed personal data shall include in particular name, surname, and email address. The provision of personal data is voluntary; however, if the personal data is not provided, the Provider will not be capable of performing its contractual and statutory obligations arising from its relationship with the User. The personal data shall not be disclosed to any other party.
The Provider undertakes to ensure personal data protection against any unauthorised or incidental access, to prevent its alterations, loss or destruction, unauthorised transmission or any other unauthorised processing or any other form of misuse. The personal data processing shall be automated and shall be performed both with the use of an electronic system and manually. The personal data shall be stored in electronic files.
The User who is the subject of the personal data shall have the rights stipulated in applicable provisions of the Personal Data Protection Act, i.e. in particular the right to access the personal data pursuant to Section 12 of the Personal Data Protection Act, right to correct the personal data and other rights stipulated in Section 21 of the Personal Data Protection Act, including, but not limited to, the right to request explanations and rectification of any defective or unlawful condition in the course of the personal data processing or the right to request compensation of any non-property detriment connected therewith.
9. Changes of the Terms
These Terms may be unilaterally changed by the Provider. In such a case, the Provider shall be obliged to notify the User via email at least five business days prior to the effectiveness of the change of the Terms. The User shall be entitled to refuse any unilateral change of these Terms made by the Provider, within three business days after having been notified of such a change. If the User does not refuse the change within the above period of time, it shall be deemed that they agrees with such change. If the User refuses the change of the Terms, the Provider shall be entitled to decide, at their own discretion, whether the contractual relationship between the Provider and the User will continue unchanged or whether the Provider terminates such contractual relationship for this reason without a notice period. The Provider shall be obliged to inform the User of the chosen solution without delay.
The Terms changed in the manner described above shall also govern any legal relations arising prior to the effective date of the changed Terms, but the establishment of any rights and obligations prior to the effective date of the changed Terms shall be governed by the former wording of these Terms.
10. Closing Provisions
Any and all rights and obligations of the Provider and the User not expressly regulated by these Terms shall be governed by applicable and effective legal regulations of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”).
Any disputes that may arise between the Provider and the User shall be resolved by competent Czech courts, for which purpose the Provider and the User have agreed pursuant to the provisions of Section 89a of Act No. 99/1963 Coll., the Civil Procedure Code, as amended, on the territorial jurisdiction of the first instance court based on the location of the Provider’s registered office.
Any and all notices relating to these Terms shall be sent by the Provider to the User in electronic form to the User’s email address provided upon placing the registration and the User hereby expressly agrees with such method of delivery.
These Terms constitute the entire agreement between the Provider and the User with respect to the subject matter hereof. Any changes of or amendments to these Terms must be made in writing or in compliance with the provisions of Clause 9 hereof.
Potential ineffectiveness or invalidity of any provisions of these Terms or any amendments hereof shall not affect the validity and effectiveness of the remaining provisions of these Terms.
The User shall not be entitled to assign or transfer its rights and obligations arising from these Terms to any third party without the Provider’s prior written consent.
The User’s response to these Terms including any amendments or modifications shall not be considered to constitute acceptance of these Terms.
For the avoidance of doubts, the parties hereby exclude application of the provisions of Sections 1799 and 1800 of the Civil Code regarding clauses contained in standard-form contracts.
If any circumstances change after the conclusion of these Terms to the extent that the performance becomes more burdensome for the User, the User’s obligation to fulfil their obligations arising from these Terms shall not be affected; the User hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
If these Terms are available in several language versions, the Czech version shall prevail in the event of any discrepancies. In such a case, the Provider shall not be responsible for the accuracy of the Terms translation into other languages.
These Terms shall become valid and effective as of 29 January 2015.