Terms of the Jetveo Service for Users

These Terms and Conditions represent a set of rights and obligations associated with access to applications running on the Jetveo platform, the operator and owner of which is Jetveo s.r.o., company ID No.: 02769875, with its registered office at Rybářská 814/30, Brno 603 00, Czech Republic, registered in the Commercial Register kept at the Regional Court in Brno, under file ref. C 82420.

1. Definitions

   1. The terms used in these Terms shall have the following meanings unless otherwise indicated for a particular term:

      Application	Shall mean the software created by the Platform based on Metadata provided by the User and running in the Platform environment.
      End User Data	Shall mean any inputs entered by the End User into the Application, such as their registration details.
      Jetveo	Shall mean the operator of the Jetveo Platform, which is the trading company Jetveo s.r.o., identified in the header of the Service Terms and Conditions.
      End User	Shall mean the end user of the Application to whom the Application has been made available by the User.
      Metadata	Shall mean all inputs entered by the User into the Platform for the purpose of creating the Application, in particular a summary of programme code, settings, multimedia, and textual content.
      GDPR Regulation	Shall mean the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (a text with EEA relevance).
      Civil Code	Shall mean Act No. 89/2012 Coll., the Civil Code, as amended.
      General Terms and Conditions	Shall mean the General Terms and Conditions of the Platform, governing the relationship between Jetveo and the Customer and being available on the Website.
      Platform	Shall mean an online cloud platform which allows Customers to create, run and make available to End Users their own Applications. The Platform allows for low-code configuration of Applications within Customer Accounts, contains predefined modules, libraries and elements, and is also the sum of the hardware and software infrastructure in which the Applications subsequently run.
      Terms of Service	Shall mean these Terms of the Jetveo Service for Users.
      Service	Shall consist in making the Platform available to the Customer, enabling the Customer to develop and operate Applications on the Platform and making the Applications available to the Customer’s End Users under the General Terms and Conditions.
      User	Shall mean the Customer and any other person whom the Customer adds as a user to the Platform and authorises to upload Metadata and develop Applications.
      Website	Shall mean the Jetveo’s website available from Jetveo.
      Customer Account	Shall mean the user environment of the Platform in which Users can access the Platform, create Applications and which serves to the Customer’s data which the Customer may change and modify through the Customer Account.
      Customer	Shall mean an entrepreneur who has created a Customer Account and to whom Jetveo provides the Service.

   2. These Terms of Service shall apply to each User and End User and govern the terms and conditions under which they may access the Platform and Applications. The User shall familiarise the End User with the Terms of Service and the End User, by accessing the Applications, agrees to the Terms of Service and undertakes to comply with them.

   3. If the User provides End Users with access to the Applications based on its own general terms and conditions, the User’s general terms and conditions shall not conflict with the Terms of Service. A breach of the Terms of Service by an End User shall be deemed as a material breach of the General Terms and Conditions by the Customer.

2. Copyright

   1. The User and End User hereby represent that they have all rights to the Metadata and End User Data necessary to create and use the Applications within the Platform. The User and End User hereby grant Jetveo a non-exclusive, non-territorial and non-quantitative licence to use the Metadata and End User Data in accordance with the General Terms and Conditions.

   2. Jetveo provides Users and End Users with access to the Platform and Applications as part of the Platform via the Internet for the term of the Service. This includes the provision of the Service which is also known professionally as the Platform as a Service and Software as a Service. The Application is the intellectual property of Jetveo and Jetveo and its employees and associates shall exclusively exercise the copyright in the Application. Jetveo does not grant the User or End User any usage rights to the Platform or the Application.

   3. For the purposes of the access to the Platform or Application, if it is necessary to download a temporary copy of the computer software (such as temporary scripts) to the User’s or End User’s end device, Jetveo shall grant the User and End User a non-exclusive, non-territorial licence to use any such copy of the computer software on a single device currently running the Platform or Application in order to access and use the features of the Platform or Application. Any such licence shall be granted only for the duration of the session. A licence under this paragraph shall be granted free of charge. Neither the User nor the End User is authorised to disclose the subject matter of this licence to the public or distribute it.

3. Terms of Use of Applications

   1. In the event that a User or End User becomes aware that their account credentials have been lost, stolen or misused, that a third party is violating the terms and conditions of the Platform, or if they discover any security gap or vulnerability in the Platform, they undertake to notify Jetveo without any undue delay and not to disclose or make such information available to a third party or misuse it for their own or a third party’s benefit.

   2. The User shall be liable to Jetveo for the actions of any persons to whom User has made the Platform available, including the Applications. Jetveo shall bear no liability for the actions of any such persons within the Platform.

   3. The User and End User may not upload content to the Platform which is threatening, obscene, harmful, pornographic or illegal in nature.

   4. Neither the User nor the End User may store information within the Platform or allow the transmission of information strikingly similar to third party services or applications for the purpose of confusing or misleading Internet users (phishing). Neither the User nor the End User may distribute computer viruses, malware, Trojan horses, time bombs, or any other malicious applications within the Platform.

   5. Neither the User nor the End User may place an unreasonable burden on the Platform through the Applications, e.g. by configuring or using digital currency mining applications or any other applications using Platform resources beyond the scope of normal applications, or third party resources, e.g. network attacks (DoS and similar attacks) or otherwise.

   6. The User and End User undertake not to violate or circumvent the limits of the Applications, the terms of the Platform, or the security measures of Jetveo’s software and infrastructure in any manner, not to misuse someone else’s account information within the Platform, not to attempt to access (and not access) the sections of the Platform to which they do not have proper permissions, and not to conduct cyber-attacks on the Platform.

   7. Neither the User nor the End User will intentionally or negligently overload the Platform beyond the normal usage of the average user. In particular, it is prohibited to access the Platform via bots or automated scripts. Furthermore, neither the User nor the End User shall perform any penetration testing of the Platform.

   8. The User and End User shall be full liability for the content of the Metadata and End User Data, regardless of who provided and uploaded the Metadata and End User Data to the Platform under their account or through their activated Applications. In particular, the User and End User represent and undertake that they have all rights to the Metadata, End User Data and all components thereof, may use it for commercial Applications and that it does not contain inappropriate, illegal or otherwise harmful content.

4. Other Rights and Duties of the Contracting Parties

   1. The User and the End User acknowledge that Jetveo is not liable for the content of the information stored by them in accordance with Section 5 of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended.

   2. The User and the End User shall bear full liability for the content uploaded to the Platform.

   3. In the event that any third party asserts any rights against Jetveo in association with the storage or dissemination of information stored or disseminated by the User or End User, Jetveo shall be entitled to promptly remove the contents of such information. In such a case, neither the User nor the End User shall have the be entitled to have it recovered.

   4. Jetveo may, at any time, from time to time, and at its sole discretion, and without prior notice, update the software or infrastructure used to operate the Platform and thus restrict the operation or running the Applications. This may include, for instance, changing, improving or modifying the graphical user interface or designating a feature as obsolete and replacing it with a new feature. Jetveo strives to keep the Platform up-to-date in terms of its appearance, features and technical specifications so as keep up with the developments provide a good experience for Users and End Users.

5. Liability for Defects and Damages

   1. Providing End Users with access to the Applications and their functionalities is based on a contractual relationship between the End User and the Customer. Jetveo is not a party to any such contractual relationship. The Customer shall be liable for any harm or loss caused to the End User in association with the Applications and the End User shall exercise any claims for any such harm against the Customer. The rules for exercising any such claims, any limitations and restrictions shall be regulated in the contract concluded between the End User and the Customer.

   2. Jetveo does not warrant to the End User any minimum standards of availability of the Applications, their functionality, outage prevention, support, maintenance, updates, or any other obligations or warranties relating to the operation of the Applications. Any such warranties and covenants shall be negotiated by the End User and Customer under a separate contract.

   3. To the maximum extent permitted by applicable law, neither Jetveo nor its suppliers shall be liable for any failure or outages of the Applications, Platform, loss of data, failure of security mechanisms, business interruption, or any direct or indirect damage of any kind (including lost profits), whether based on breach of contract, tort (including negligence), strict liability or otherwise, even if Jetveo has been advised of the possibility of any such damage in advance.

6. Personal Data Processing

   1. Processing Users’ and End Users’ personal data by Jetveo as data controller within the meaning of the GDPR Regulation shall be governed by the privacy policy available from the Website.

7. Final Provisions

   1. The relationship shall be governed by Czech law.

   2. These Terms of Service may be translated into other languages. In the event that a dispute arises from a difference between the language versions of these Terms of Service, the Czech version of these Terms of Service shall prevail.

   3. Jetveo hereby excludes the acceptance of any offer with an amendment or deviation within the meaning of the last sentence of Section 1740(3) of the Civil Code.

   4. The failure or omission of either Contracting Party to exercise any right shall not constitute a waiver of that right for the future and shall not constitute an established practice between the Contracting Parties.

These Terms of Service shall become effective on 1 October 2021.