Introduction and Definitions
- Ing. Andrej Fogelton, registered office at Kuklovská 495/7, 841 04 Bratislava-Karlova Ves, Slovak Republic, ID 481 771 99, (hereinafter referred to as Provider) is the operator of the website blinkingmatters.com, or other registered domains (hereinafter referred to as Distribution place) enabling the conclusion of the license agreement to the provided software Eyeblink (hereinafter referred to as SW) in the manner specified in other parts of these Terms and Conditions (hereinafter referred to as T&C) and the end-user license agreement (hereinafter referred to as EULA).
- Customer is the entity that pays the Provider a fee for acquiring the time-limited possibility to use the full functionality of the SW in the manner specified in other parts of these T&C and EULA or the entity that fulfils the condition of the temporary free usage of SW (hereinafter referred to as Customer or You).
- Visitor means any natural person who accessed any of the Distribution places through the browsing program (hereinafter referred to as Visitor).
- Fee for the purposes of these T&C shall mean the financial amount paid by the Customer to the Provider for the acquisition of a time-limited possibility to use the full functionality of the SW according to the current price list of the Provider (hereinafter referred to as Fee).
- Payment of the Fee or the reproduction of the SW (download) in accordance with EULA shall be considered as the acceptance of these T&C.
- T&C govern the mutual rights and obligations between Provider and Customer.
Services and Fee Payment
- Provider enables Customer to acquire access to the SW through Distribution places and to use it on Customer’s devices.
- The Customer has the option to choose from various regimes of SW usage further described in EULA, i.e.:
- Free License – limited functionality of SW is available free of charge,
- Trial License – limited maximum period of 14 days with the possibility to test the features and functionality of the SW,
- Research License – limited maximum period of 1 year with the obligation to fill in and send a monthly report and statistics,
- Personal (non-commercial use) and Commercial License – requirement to pay the Fee by Customer,
(Any of the licences hereinafter referred to as License).
- Customer shall pay the Fee to the Provider, unless expressly stated otherwise in these T&C. The actual Fee is available on: blinkingmatters.com/buy. Provider reserves the right to change the Fee in accordance with these T&C. If the customer uses the Fee payment services of Braintree (division of Pay Pal, Inc.) accessible through the links on the Provider’s Distribution places, the Customer thereby agrees to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/payment-services-agreement and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement-us.
- Electronic invoice as a tax document of the Fee payment shall be send to the Customer’s email address provided during the registration or the Fee payment process.
- After a successful Fee payment by the Customer and after the transaction acceptation by the Provider in accordance with these T&C, or after the fulfilment of the free use requirements, Customer will be allowed to use the SW within the limits specified in EULA.
- If the Customer decides not to prolong the acquired License after a specified period of time, Customer shall be restrained from any further usage of the SW.
Provider’s Rights and Obligations
- Provider shall allow Customer to use the SW under the terms of these T&C and EULA.
- In case of Personal and Business License, Provider shall send the Customer the license key to activate the time-limited full functionality of the SW without any unreasonable delays after the successful payment of the Fee in a manner described in these T&C.
- Provider is not liable for any damage resulting from the incompatibility of the Customer’s device.
- Provider is not liable for the damage caused by misuse of the license key or the Customer’s device, which occurred due to the loss or theft of a Customer’s device or negligence.
- Provider is not liable for failure to perform the obligations under these T&C according to the objective circumstances of force majeure. Circumstances excluding the liability of the Provider for the purposes of these T&C are circumstances that do not depend on the will of the Provider and might not be affected by the will of the Provider.
Customer’s Rights and Obligations
- Customer has the right to use the SW according to the conditions specified in these T&C and EULA.
- Customer shall not disclose the license key to a third party. Customer is obliged to ensure the confidentiality of the license key and protection against its misuse by any third party.
- Customer has the option to try the functionality of the SW based on the conditions of the Trial License.
Customer is aware of the possibility to try the functionality of the SW in accordance with Art. IV Section 4 of these T&C, expressly agrees with the start of SW usage and declares the awareness that the expression of consent results in the loss of the right to withdraw from the contract in accordance with Art. 7 Section 6 Letter l) of the Act No. 102/2014 Coll. of the Slovak Republic on consumer protection when selling goods or services on the basis of the distance contract or contracts negotiated outside business premises: “The consumer cannot withdraw from the contract, the subject of which is the provision of electronic content other than on a tangible medium, if the performance has begun with the express consent of the consumer and the consumer stated that he was properly informed that by the expression of consent they lose the right of withdrawal.” This means no refund policy because there is 14 days trial license, everybody can try SW before purchasing.
- Customer hereby grants the Provider permission to use the Customer’s logo, business name, and feedback from Provider’s website in order to provide references etc. Consent under the preceding sentence is non-exclusive, territorially unlimited and royalty-free.
- Provider is entitled to process basic identification data of the Customer needed for the issuance of the invoice. The Customer expressly agrees that the personal data might be transferred to a third party regarding the implementation of the abovementioned activities.
- Provider is entitled to inform the Customer via e-mail or any other similar medium about new offers within the SW, other provided services including promotional offers of the Provider or its partners, about the necessary renewal of the License because of the impending expiration, etc. Customer expressly agrees with the abovementioned activities. Approval according to the previous provision might be withdrawn by the Customer at any time. Provider shall stop with the notifications within 30 days from the date of receipt of the withdrawal.
- save the Distribution place settings,
- save the current interaction between the Visitor and Distribution place.
- The data collected through the usage of cookies might be used to improve the functionality and efficiency of Distribution place and the Visitor expressly agrees with the data transfer to a third party.
- Should any provision of these T&C be invalid or unenforceable, this shall not affect the validity of the other provisions of the T&C, which shall remain valid and enforceable in accordance with the conditions stipulated therein.
- These T&C shall be governed and construed in accordance with the laws of the Slovak Republic. Situations not specified in these T&C are governed by the laws of the Slovak Republic.
- If the Slovak law does not stipulate otherwise disputes or claims ensuing from these T&C shall be settled by Bratislava I District Court and as a Customer You expressly agree to the said court exercising jurisdiction. If it is not possible to settle the dispute or claim by a specifically chosen Court according to the applicable legislation, You expressly agree that any disputes or claims ensuing from these T&C shall be settled by the Slovak court chosen by the applicable legal principles.
- T&C and EULA constitute the entire agreement of the Provider and the Customer.
- Provider is entitled to change the T&C at any time, with the new T&C published through the Distribution place. The new T&C shall enter into force on the date of their publication.
- These T&C become valid and effective on 25 April 2015.