Definition of terms
„Application“ means the provision of services or programs by servers available from the Internet. Applications are software add-ons for the product Microsoft Dynamics 365 from Microsoft.
„Microsoft Dynamics 365“ is a product of the Microsoft Corporation for which Applications are designed and without which they are not functional.
„Subscription“ means an order for the Application for a specified period (e.g. 30 days or 12 months).
„Registration“is a process by which a user accesses the Application. Making a registration is a prerequisite for providing the Application, including a trial version.
„User“ means a natural person, entrepreneur, and/or a legal entity that has an assigned identification number and buys Applications from the Operator. The User actively uses or plans to actively use the Microsoft Dynamics 365 product.
- The Operator of the Application is:
Solitea CDL, a.s.
Comp. Reg. No: 63148439
Registered office: Klíšská 31, 400 01 Ústí nad Labem
Registered in the Regional Court in Ústí nad Labem, Section B, item 739
Contact information: phone: 475 238 111, email: firstname.lastname@example.org
- When registering to use the Application, the User is required to enter true and complete information relating to their person and to the Microsoft Dynamics 365 organisation (in particular, their unique name/organisation URL) if this organisation is already active when registering.
- The Operator of the Application is:
- The Application is a copyrighted work within the meaning of the copyright law, and the property rights to it are exercised by the Operator.
- The Application licence is provided as a licence for the Microsoft Dynamics 365 organisation. One Microsoft Dynamics 365 organisation can contain only one licence of the Application.
- Based on the necessary registration to use the Application at http://www.solitea.app, we provide a non-transferable licence to use the Application.
- The licence is granted free of charge or for a fee depending on the chosen version of use as specified in Article V – Subscription. The licence fee is always included in the fee for use (in the subscription).
- The licence cannot be assigned or sublicensed, even partially.
- These Licence Terms also govern the use of any Application updates that may replace or amend the original Application.
Rights and obligations of the User
- The User is entitled to use all the features offered by the Application.
- All data that are stored in the Microsoft Dynamics 365 organisation database to which the Application is connected are the User’s only and the User has all the rights to them and responsibility for their content.
- The Operator is entitled to cancel without prior notice a registration to use the Application that may reasonably be suspected to breach the Licence Terms or use the Application in violation of generally binding legal regulations, good morals, generally accepted ethical and moral principles, generally accepted rules of the use of services via the internet, or to commit or aid crime, misdemeanours, or other offences.
- The Operator is entitled to cancel the registration to use the Application without prior notice if the subscription is not paid pursuant to Article V – Subscription.
- The User can always cancel a registration to use the Application at the end of the validity of their subscription by sending a notice of cancellation of the subscription by email to the customer support at http://www.solitea.app.
- Each new registration to use the Application (each new User) can try out the Trial Version of the Application free of charge for 30 days. The Trial Version of the Application can be requested in the registration form. The 30-day Trial Period begins to run upon the connection of the Application to the Microsoft Dynamics 365 organisation. The Trial Version of the Application can be tried in one Microsoft Dynamics 365 organisation one time at most. After the trial period, the User is notified in the Application of the end of the validity of the trial and is prompted to pay the subscription.
- The price of the Application is listed in the registration form in the Application Price section.
- The User undertakes to pay the Operator for the use of the Application the amount of the subscription (payment) based on the invoice(s) issued to the User by the Operator. The Operator is entitled to increase the amount of the agreed subscription by the amount of value added tax pursuant to the applicable legal regulations.
- The time limit for payment of the issued invoices is 14 calendar days. The obligation to pay the invoiced amount is fulfilled by crediting the amount due to the Operator’s account.
- It is possible to order a monthly or yearly subscription.
- The subscription will be automatically renewed at the end of each period unless the User applies for cancellation of the subscription pursuant to Article IV.5.
- If the User fails to make any payment by the due date, the Operator has the right to suspend the provision of the Application service. In the event that this right must be exercised, the Operator undertakes to notify the User of its intention to exercise this right, usually by sending an email message to the User’s address indicated in the registration form.
Liability for defects
- The Operator is not liable for defects or damages or loss of data caused during the use of the Application or by its outputs if caused by: the User, third parties, or obstacles arising independently of the Operator’s will, in particular for defects and damages caused by improper use of the Application or by using it contrary to the Operator’s instructions; unauthorised interference in the Application’s system software and environment; inadequate security of the User’s computer(s) or local network; hacking or other similar external interference; damage from the malfunctioning of third-party programs installed on the User’s device.
- Error messages and other similar manifestations that do not affect the functionality of the Application and do not cause significant deviations from the agreed properties of the Application shall be considered defects that do not affect its use.
- The Provider is not responsible for the accessibility and functionality of the Microsoft Dynamics 365 organisation to which the Application is connected at any time and place. The user is not entitled to financial compensation for a period of inaccessibility or inoperability of the Application due to the inaccessibility or inoperability of the Microsoft Dynamics 365 organisation.
- The Operator is not responsible for the display of information on the user device.
- The Operator is not responsible for the accuracy of data imported into the Application from third-party databases (in particular, the ARES, ISIR, and FINSTAT databases) or for their availability and accessibility.
- In order to maximise the quality of services, maintenance of the Application may take place from time to time at irregular intervals. Such maintenance work may include bug fixes, Application updates, and other technical interventions. This maintenance may be necessitated by a change in the configuration or functionality of the Microsoft Dynamics 365 product. We will inform you of any planned maintenance of the Application.
- If any part of these Licence Terms is invalid, this does not affect the validity of the other arrangements. The contracting parties expressly exclude the provisions of Section 557 of the Civil Code.
- The contractual relationships arising in connection with or on the basis of the contract for the provision of services between the Provider and the User are governed by Czech law, in particular the Civil Code and the Copyright Act, and Regulation (EC) 2016/679 of the European Parliament and Council, the General Data Protection Regulation.
- In the event of a dispute arising out of or in connection with these Licence Terms, Czech law will always be applied. If the subject matter jurisdiction to hear the dispute pertains to the district court, the court competent to resolve such a dispute will be the District Court in Ústí nad Labem. If the subject matter jurisdiction to hear the dispute pertains to the regional court, the dispute between the parties will be resolved by the Regional Court in Ústí nad Labem.
- The Licence Terms for the Applications are valid and effective from 1 November 2018.