1. Initial provisions
1.1 The company ANECT a.s., with its registered office at Purkyňova 646/107, 612 00 Brno - Medlánky, Czech Republic,ID No. 25313029, registered in the Commercial Register maintained by the Regional Court in Brno under file number B 2113, (hereinafter referred to as the ‘Provider’) is a provider of the CLASHING EDU service, the content of which is an electronic educational game focused on cyber security (hereinafter referred to as the ‘Service’).
1.2 The Customer is a legal entity or a natural person, to whom, on the basis and within the scope of a separate purchase order or contract or web interface (hereinafter referred to as the‘Contract’) and in accordance with these General Terms and Conditions of Service use (hereinafter referred to as the ‘Terms and Conditions’), the Provider has enabled the use of the Service through online access for the education of children of employees / primary school and secondary school students (hereinafter referred to as ‘Children’) of the Customer. These Terms and Conditions shall come into force and effect on the date of conclusion of the Contract or the date of ordering the Service by the Customer or first use of the Service (‘Effective Date’).
1.3 The Service is provided for the termspecified in the Contract.
2. Terms of Service use
2.1 The Provider declares that it has the right to provide the Service to the Customer to the agreed extent and that the Service is not encumbered by any third-party rights that would in any way restrict the Customer from using the Service under the Contract and these Terms and Conditions. The Provider further represents that there are no outstanding copyrights or other similar rights in the Service on its part.
2.2 The Customer shall make sure that the Service is only used by the Customer and the Children to the extent set out in the Contract and these Terms and Conditions.
2.3 Unless expressly permitted by the Contract, these Terms Conditions or applicable law, the Customer is not entitled to: (a) copy, lend, rent, lease, sell, assign, provide or otherwise distribute the Service or any part thereof (including but not limited to the visual representation of the Service) without the express written consent of the Provider, (b) use the Service for purposes other than as agreed in the Contract, use the Service for the provision of consulting services or use the Service for any commercial services without the prior written consent of the Provider, (c) modify, adapt or adjust the Service or create derivative works from the Service, (d) reverse engineer the Service in any way, decompose or decompile the Service (including back-translation for interoperability purposes) or any part thereof, except as permitted by applicable law, and then only to the extent and for the purposes set forth in such law, (e) permit third parties to access or use the Service except as expressly permitted in the Contract or these Terms and Conditions, (f) grant consent to use the Service and/or assign the right to use the Service to third parties except as provided in the Contract or these Terms and Conditions, (g) supplement the Service with defective content, including but not limited to unlawful, defamatory, false or offensive content.
2.4 The Customer is entitled to grant the right to use the Service exclusively to property-related persons to the Customer, and the Customer is liable for the use of the Service by such persons to the same extent as if the Customer had used the Service itself.
2.5 The Provider is entitled to suspend the Customer's use of the Service with immediate effect in the event of a breach of the rules of use set out in Article 2, paragraph 2.3 of these Terms and Conditions.
2.6 The Provider is entitled to publicly use the reference to the Customer as a user of the Service in its marketing activities, including the publication of the Customer’s logo on the Provider’s website www.clashing.com.
3. Liability for defects
3.1 The Provider shall not be liable to the Customer for any direct or indirect injury or damage incurred by the Customer in connection with the Service use beyond the scope of liability provided for by the applicable legislation.
3.2 The Provider undertakes to remedy, free of charge, such defects that arise during the Service use, except where such defects arise as a result of the Customer’s activities. Such defects shall be rectified by the Provider for a fee as part of the professional support.
3.3 The Provider undertakes to protect the Customer’s data from misuse or unauthorised use, but is not liable for damage caused by the loss of the Customer’s data or its misuse or unauthorised use beyond the scope of liability provided for by the relevant legislation.
3.4 The Provider’s liability for any damage incurred by the Customer in connection with the Service use is limited to the lower of: a) the price paid for the Service use for the last 12 months or b) the amount of CZK 10,000 (ten thousand Czech crowns).
4. Obligation of confidentiality, processing of personal data
4.1 The parties undertake to maintain confidentiality and protect confidential information communicated by the other party, as well as to respect the principles of information security.
4.2 For the purposes of effective communication between the parties and for the purposes of the performance of the Contract or legal obligations, the parties shall collect and process, to the extent necessary, personal data of the contact persons, employees of the Customer, representatives and/or other data subjects involved in the performance of this Contract (hereinafter referred to as the ‘Concerned Subject’) to the following extent: first name, last name, email address, telephone number, company. In the event of Service use by Children, the parties collect and process the personal data of the Children to the extent necessary and solely for the purpose of performance of the Contract, to the following extent: first name, last name, email address. The parties are independent data controllers of the personal data of the Concerned Subject and will each comply with their obligations under applicable laws and regulations separately and at their own expense.
4.3 The Provider undertakes to proceed with the processing of the personal data of the Concerned Subject and Children in accordance with the relevant legislation governing the processing of personal data, in particular EU Regulation No. 2016/679, on the protection of natural persons with regard to the processing of personal data (hereinafter referred to as ‘GDPR’) and the related Act No. 110/2019 Coll., on the processing of personal data.
4.4 The Provider shall not disclose the personal data of the Concerned Subject or Children or any part thereof to any third party, even for non-commercial use, except in cases where the personal data is transferred under conditions similar to those set out in this Contract to third parties cooperating in the development of the CLASHING EDU service or is obliged to disclose the personal data of the Concerned Subject or Children on the basis of a valid legal regulation or with the consent of the Customer.
4.5 The Provider undertakes to ensure that it does not transfer the personal data of the Concerned Subject or Children outside the countries of the European Economic Area, unless the Customer has given prior written consent to such transfer, such steps have been taken after ensuring that the personal data is adequately protected in accordance with the applicable privacy legislation, which may include the conclusion of standard Contractual clauses by the Provider, and the Provider complies with any other requirements necessary to ensure that the transfer of personal data is in full compliance with the Customer’s security standards.
4.6 Detailed terms and conditions for the processing of personal data of the Concerned Subject are available on the Provider’s website (https://www.anect.com/en/privacy-policy/).
5. Changes to the Terms and Conditions
5.1 The current version of the Terms and Conditions is available on the Provider’s website. The Provider is entitled to unilaterally change these Terms and Conditions, but always with at least 30 days' notice. In the event that the Customer does not consent to the new wording of the Terms and Conditions, the Customer is entitled to terminate the Contract or use of the Service on the effective date of the new wording of the Terms and Conditions. In such case, the Customer shall only be entitled to a proportionate part of the price paid for the unused Service if the Service was used for a fee
6. Termination of Service use
6.1 These Terms and Conditions shall enter into force and effect in relation to the Customer on the date of the force and effect of the Contract, or on the date of commencement of the Service use if no Contract is concluded between the Provider and the Customer.
6.2 Either party may terminate the Contractor Service use at any time by giving 30 days’ notice. If the Customer is entitled to use the Service free of charge during the Initial Contract term according to the Provider's offer, the Customer is also entitled to terminate the Contract or Service use by notice on the last day of the initial term. In the event of the notice of termination served by the Customer, the Customer shall not be entitled to any refund of the paid costs for Service use, even if the termination of the Contract occurs earlier than the date of use of the subscription Service.
6.3 Either party shall be entitled to withdraw from the Contract if the other party has breached the Contract or these Terms and Conditions. A material breach of the Contract by the Provider shall be deemed to be a delay by the Provider in making the Service available to the Customer for more than 30 days for reasons solely on the Provider's side. Delay in payment of the Price for more than 90 days shall be considered a material breach of the Contract by the Customer. The withdrawal must be in writing and delivered to the other party.
6.4 Upon Contract withdrawal the parties undertake to settle their mutual obligations within 30 days of Contract termination provided that, unless the parties agree otherwise, the Customer is not entitled to use the Service from the date of contract termination and the Provider is not obliged to refund the price already paid to the Customer, except for the Customer’s withdrawal due to a material breach of the contract by the Provider.
6.5 Contract termination shall not affect the obligation of the parties to pay damages incurred by the other party during the term of the Contract.
7. Closing provisions
7.1 In the event of a conflict between the Contract and these Terms and Conditions, the provisions of the Contract shall prevail.
7.2 If a court or government authority determines that any provision of these Terms and Conditions or the Contract is invalid or ineffective, the remaining provisions of these Terms and Conditions or the Contract, and the Contract in its entirety, shall remain in force and effect. The parties shall replace the invalid or ineffective provision with a valid and effective provision in such a manner as to best achieve the intended economic, legal and commercial purposes of the invalid or ineffective provision.
7.3 All disputes arising from this Contract and the legal relations established by this Contract shall be settled by a Czech court whose local jurisdiction shall be determined according to the address of the Provider’s registered office, in accordance with Czech law, in particular Act No. 89/2012 Coll., the Civil Code.