Conditions for the Creation and Use of User Accounts
These Conditions for the Creation and Usage of User Accounts (“Conditions”) with ZONER software, a.s., a company with the National Company ID 49437381, with its headquarters in Brno, Czech Republic at Nové sady 583/18, postal code 602 00, registered in the Commercial Register maintained by Regional Court in Brno, section B, insert no. 5824, founded under the law of the Czech Republic (“Zoner”), govern, in harmony with the provisions of § 1751 para. 1 of Czech Act no. 89/2012 Sb. (the Civil Code), the mutual rights and obligations of the contractual parties arising as the result of a contract on the creation and use of a user account (the “Contract”) between Zoner as the operator of the internet-based service named Zoner Accounts (“Zoner Accounts”) on the one hand, and a physical person or a legal person (through its authorized agent) that will be using the Zoner Account on the other hand (the “User”). The Contract is formed at the moment when the Zoner Account is created.
If a physical person is assenting to the Agreement as an authorized agent of a legal or physical person (for example in the name of their employer), then by assenting, they are declaring that they have the right to perform legal acts in the name of that person and to take on the responsibilities contained in the Agreement.
THE PURPOSE OF ZONER ACCOUNTS
Zoner Accounts are a Web service. Each Zoner Account serves as the user account for one User, bringing together data and tools connected with the use of selected software products (“Software”) or services and products (“Other Products”), including, but not necessarily exclusively including, products that Zoner has created or operates.
Zoner Accounts exist primarily to hold:
records containing User information;
records about, and evidence of, the User’s payment information and methods;
records about, and evidence of, the existence and extent of the User’s right to use Software to which the User has rightfully obtained usage rights (the “License”);
records about, and evidence of, the existence and extent of the User’s right to use Other Products (“Access Rights”);
records containing accounting and registration documents for the Software and Other Products;
settings for other properties (the configuration) of the Software and Other Products;
records about, and settings concerning, acts of assenting to the handling of personal data;
records about, and settings for, assent to the sending of mailings to the User by Zoner;
individual communications between the User and Zoner related to the provision of the Software or Other Products (the provision of technical support, refund-process handling, etc.).
If the extent and conditions for the services provided via a Zoner Account are not directly defined in these Conditions, then Zoner further defines them in the price list and in the general business conditions (the “Terms and Conditions”), which form an integral part of this Agreement, and which Zoner typically publishes on its website or in other publicly available materials.
The user will take into account the fact that the use of certain Software or Other Services may be contingent upon the verification of a License or Access Rights. The specific extent and conditions of services offered via a Zoner Account do not, however, have any influence on the extent and conditions of the provision of the Software and Other Products, or where appropriate the products of third parties that use Zoner Accounts to verify the authorization for their use, and which are the subject of other contractual relationships with Zoner or third parties.
THE CREATION OF ZONER ACCOUNTS
The creation of Zoner Accounts is cost-free. This creation must be performed personally by a physical person or an authorized agent of a legal person, who will be physically using this account and, by creating the account, will become a User of it. A User is not entitled to transfer a Zoner Account to another person. No other method of Zoner Account creation is permitted. If the User does not have full legal rights (e.g. due to being a minor or due to having had their legal capacity removed), then their legal or otherwise defined guardian (their “Representative”) represents them during the creation of their Zoner Account. Every User is entitled to create multiple Zoner Accounts. The creation and management of each Zoner Account is tied to a separate Contract between Zoner and the User.
In the case of the creation of a Zoner Account by a minor who then causes damages, liability for these damages is borne by the person who failed to oversee that minor. When a Representative founds a Zoner Account, they are assenting to the Conditions in the name of the person they represent, and they bear full responsibility for proper oversight of the use of the Zoner Account by the User.
In the case where a minor creates a Zoner Account, the person who fails to supervise them bears the liability for any damages they may cause. When a Zoner Account is created by an Authorized Agent, they consent to the Conditions in the name of such a person and bear full responsibility for proper supervision of the use of the Zoner Account by the user.
During the creation of a Zoner Account, the User is required to enter a valid email address (an “Email”). The Email serves exclusively as a unique identifier for the User for the login to their Zoner Account using the Zoner Accounts website or the Software or Other Products, or the products of third parties, and also as a communication medium for Zoner with the User. The User promises hereby to offer only an Email that they are authorized to use and that is functional (i.e. messages can be delivered to it) for the creation of their Zoner Account.
In the case of the use of an incorrect Email, Zoner is entitled to prevent the creation of such a Zoner Account, or to later Cancel it under article 7 of the Conditions. An incorrect Email for these purposes means, primarily but not exclusively, any Email that has already been used for the creation of a Zoner Account of another user than the one who is founding the account, or any nonexistent Email. The User alone bears responsibility for the correctness of the email they provide. The User is entitled to change their Email at any time via the Zoner Account website.
The use of certain Zoner Account services may be contingent upon the verification of the User (“Verification” leading to a “Verified User”). Verification may include a requirement to provide personal information that enables the unique identification of the User as a physical person. The User is obligated to provide truthful, correct, and non-misleading information for Verification. Zoner is entitled to require the User to confirm information that provides proof of their true identity, and this primarily in the form of a guaranteed digital signature based on a qualified certificate, or if appropriate by presenting valid personal records. In any case where untrue or imprecise information is provided, Zoner is entitled to cancel the Verification.
PROTECTION OF ZONER ACCOUNTS
The User chooses a password for access to their Zoner Account. When setting the password, the User may be required to provide a password that contains a defined minimum overall number of characters, or with a structure containing certain types of alphanumeric characters or symbols, for password security.
The length of time of a password’s validity after it is set by the User may be limited by Zoner. Repeated entry of the same password or a password very similar to one used in the past may be prevented by Zoner. After a password’s period of validity expires, the User is called to change their password after confirming their existing password when logging in to their Zoner Account.
If a password is lost, then the User may request the sending of a time-limited link for resetting their password. They do so using the Zoner Account website. A change of password may, at Zoner’s discretion, be contingent upon the answering of security questions chosen by the user in their Zoner Account settings.
The User is obligated to keep their password secret and to avoid passing it on to any third party. In the case of any suspicion that a password has been revealed, the User is obligated, in their own interest, to change their password without delay. In the case where a Verified User determines that their password may have been misused, they may ask Zoner to block access to their Zoner Account by contacting Zoner technical support. This service may be charged for under the Terms and Conditions.
The User hereby expressly agrees that if, for their Zoner Account, they provide an Email that may for any reason come into use by a third party (e.g. due to the cancellation of their email account or its being transferred to a third party), they are fully aware of the fact that all data, Licenses, and Access Rights stored on this Zoner Account may be made available to the person who has newly gained the right to use the given Email, unless the User has deleted this information from their Account.
Zoner declares that all access to Zoner Accounts using the Internet is secured using enciphered transfer protocols. Zoner uses an EV SSL certificate to secure connections with the Zoner Account server and ensure that such connections are trustworthy. This certificate enables operator authentication.
Customer data (as defined further in the Contract) is stored on secure Zoner servers.
ZONER ACCOUNT MANAGEMENT
The User is authorized to freely manipulate all data and all settings for the Software and for Other Products on their Zoner Account that are displayed to them on that account (“Customer Data”). They are also entitled to edit and supplement Customer Data using Zoner’s available functions (to perform “Acts”). The User will recognize the fact that certain Customer Data cannot be changed. The User will take into account the fact that the terminology used in the Customer Data may not be identical to the terminology used in the Software or Other Products or in their documentation (e.g. terminology like “user” or “license”). The appropriate interpretation of such terms always comes from their context and does not affect the validity of the provisions of this Agreement. If anything is unclear when performing Acts, the User may turn to Zoner for advice.
If not defined otherwise for particular Software or a particular Other Product, then the User is entitled to transfer their License and their Access Rights to other Zoner Accounts (a “Transfer”) or to extend their ability to use the Software and Other Products to other persons. Through such a Transfer, the User gives their unqualified agreement that they are aware that:
A Transfer must be in harmony with the contractual conditions for the use of the Software or Other Products;
They are still entitled to perform the Transfer if they are performing it in the name of a legal person;
The transfer of a License or of Access Rights is irreversible.
The User is responsible for all Acts they perform on their Zoner Account, and this in their full extent. The User takes into account the fact that certain Acts involving Customer Data may be irreversible. Zoner is not obligated to honor a User request to restore User Data after a mistaken Act, even in the case where it is technically possible to do so, and Zoner may also at its discretion charge the User when honoring such a request.
DELETION OF ZONER ACCOUNTS, BLOCKING OF ACCESS TO ZONER ACCOUNTS
Each Zoner Account is created for an indefinite period of time. The User may decide that they no longer wish to use their Zoner Account. The User can state their request to delete their account on the Zoner Account website after logging in to that website. Zoner is not obligated to review in any way the reasons for the deletion of a Zoner Account, and will immediately honor this request. Any request to delete a Zoner Account may also be presented in writing to the address of the Zoner headquarters, assuming that the request is being presented:
by a User, who is a Verified User;
by a person who otherwise proves in a believable manner that they are the User of the Zoner Account whose deletion they are requesting;
by the Representative (in the sense of the Conditions) or inheritor of the User of a Zoner Account, who proves this status in a believable manner.
The decision on whether or not to honor an account deletion request is fully up to Zoner.
The act of deleting a Zoner Account is irreversible. The User agrees to the fact that, regarding a deleted account (a “Deleted Account”), Zoner may continue to keep records for an indefinite time documenting the fact that the Zoner Account was used in the past and what email its use was connected to. Account deletion destroys all other Customer Data. As a direct result of this, account deletion irreversibly removes and terminates all Licenses and Access Rights stored on the Deleted Account. Simultaneously all content is removed from storage points that are directly connected with the use of the Software or Other Products to which the License and the Access Rights stored on the Deleted Account relate.
Zoner is likewise entitled to delete without compensation any Zoner Account for which no accesses are on record for the last five years. The User will be informed by Email of this fact at least one year before the expiration of this 5-year period. Creating a new Zoner Account for the same Email is permitted.
Zoner is entitled to block access to any Zoner Account:
if it is used in conflict with any provision of the Contract;
if it has been abused for the unauthorized use of the Software or Other Products;
on the basis of a decision or court injunction in effect under the governing body of law.
Making a Zoner Account inaccessible involves making it impossible for the User to log in to it, rather than deleting the Zoner Account.
MERGING ZONER ACCOUNTS
If a person is a User of multiple Zoner Accounts simultaneously, they can ask Zoner to merge those accounts into one (“Merging”). During Merging, the User determines which Zoner Account will be retained (the “Target Account”) and which one will be deleted. The Customer Data from the Deleted Account will be transferred to the Target Account. The User will keep in mind that not all Customer Data may be transferred to the Target Account. For Customer Data that may be unique to just one Zoner Account, the data from the Target Account will be used exclusively.
The right to Merge Accounts is not automatic, and Zoner may charge for it under the Terms and Conditions.
ACCESS TO ZONER ACCOUNTS
The creation of a Zoner Account and the User’s login to a Zoner Account may only be performed via the technical means that Zoner has made publicly available for this purpose, i.e. primarily via:
the Zoner Accounts website;
the Software or Other Products;
or the websites or products of third parties that Zoner has especially designated for this purpose.
Likewise any access to Customer Data is only permitted using means that Zoner has offered or expressly made available for use. All other access to Customer Data is forbidden, and Zoner reserves the right to immediately block a Zoner Account in the case where it learns of forbidden access to it that was made possible using a User’s password.
PERSONAL DATA PROCESSING AND PROTECTION
INFORMATION ON USE
The Zoner Accounts website may gather information on selected Acts of the User, including the period of use. The data thus obtained is always transferred to Zoner anonymously; it is not connected in any way with a particular User or their Zoner Account, and serves exclusively for statistical purposes and for supporting the development and optimization of Zoner Accounts. This data is stored on Zoner’s secure servers.
Besides all of the data above, Zoner stores data on all Zoner Account web pages visited by the User, and the links visited and trajectory taken by the User within these pages. This data is stored in cookies on the User’s computer, and is anonymized. The Zoner Accounts website uses the Google Analytics service offered by Google, Inc. (“Google”). Google Analytics stores data using cookies, which are text files stored on the User’s computer that enable analysis of how Users use Zoner Accounts. Information in cookies concerning the use of Zoner Accounts (including IP addresses) will be transferred to Google and stored on Google’s servers. Google will use this information for evaluating the use of Zoner Accounts, creating reports for Zoner on activity by Users, and offering other services regarding activity on Zoner Accounts and internet usage overall. Google may offer this information to third parties if required to by law or if these third parties will be processing this information for Google. Google will not connect a User’s IP address with any other data that it has available. In no case is any personal information or Customer Data about the User transferred to Google.
ACCEPTANCE OF THE CONTRACT
The use of a Zoner Account is enabled by Zoner on the basis of agreement with these Conditions. Acceptance is recorded electronically. If a User does not accept the wording in the Conditions, they may not found or use a Zoner Account. In the case where they have accepted these Conditions in the past, they may withdraw that acceptance at any time by deleting their Zoner Account.
VALIDITY OF THE AGREEMENT
The governing law for this Agreement is the law of the Czech Republic. Zoner simultaneously respects the laws of the countries in which computers running Zoner Accounts are located. Zoner places no territorial restrictions on the use of Zoner Accounts.
If not agreed otherwise between the User and Zoner, all disputes will be resolved in the courts of the Czech Republic. If changes to the governing law occur during the Agreement’s period of validity, and these changes any certain provisions of the Agreement, then all the remaining provisions of the Agreement will remain in force.
Zoner reserves the right to change these Conditions at any time if necessary, especially:
to reflect legislative changes in governing law;
for reasons surrounding Zoner Account development;
for reasons of changes to the operational needs of Zoner Accounts or services offered.
Zoner is required to inform the User on changes to the Conditions within at least 30 days before such changes come into effect, and this:
by sending information on them to the User’s Email;
via a message shown to the User on the Zoner Account website;
in another way set on the basis of a different contractual agreement between the User and Zoner.
Zoner does not guarantee the delivery of such messages to the User. Together with information on the change, the User will be offered the opportunity to agree with the new wording of the Conditions or to reject them and then terminate the Agreement within 3 months.
Any provisions of these Conditions may be changed, and the Agreement may be supplemented, on the basis of another contractual agreement between the Licensee and the User.
This wording of this Agreement is valid as of 2. 5. 2018