Legito Marketplace – Terms of Service
Note: These terms are not applicable to Legito Smart Document Workspace.
This document is applicable to the Marketplace product users only.
The rights and obligations of the User and the Provider resulting from the use of the SW are governed by these Terms of Service.
1. Definitions
1.1 In these Terms of Service:
“LA” means License Agreement within the meaning of Section 2358 et seq. of the Civil Code concluded by and between the User and the Provider upon the Acceptance of the Offer where the subject-matter is granting a License;
“DB” means the database which is a part of the SW;
“License” means a non-exclusive gratuitous license granted by the Provider to the User for use of the SW only via the UI for the online generation of one (1) Agreement;
“Offer” means enabling the User to Send via the UI by the Provider;
“Acceptance” means Sending with prior Consent;
“Consent” means the User’s consent with these Terms of Service and other documents expressed by checking the checkbox in the UI associated with the text “I agree with these Terms of Service including consent with the use of my personal data and I acknowledge that this application is not a legal service or its substitute.” or similar (including translations into other languages);
“Sending” means the launch of the SW function generating the Agreement via activating the button “Send my contract” or similar (including translations into other languages);
“Generation” means the function of the SW where the Agreement is converted into a “.PDF”, “.docx”, “.odt”, “.rtf” and/or other file formats according to the User’s preference indicated via the UI;
“UI” means the User Interface of the SW which the User can access via the Web Address;
“Agreement” means any part of the SW that is a comprehensive and interconnected part of the SW displayed to the User via the UI as a comprehensive Agreement, Contract or a legal document of a different name;
“Civil Code” means Act No. 89/2012 Coll., the Civil Code, as amended;
“SW” means the computer program Legito including the website accessible through the Web Address;
“Provider” means Legito s.r.o., Id. No: 02649659, a limited liability company with its registered office at Pod Lipami 19, Zeměchy, 278 01 Kralupy nad Vltavou, File No. C 221946 kept by the Municipal Court in Prague;
“Web Address” means any web address consisting of second-level domain named “legito” and any of the following top-level domains: “.com”, “.cz”, “.sk”, “.ru”, “.de”, “.ch”, “.net”, “.at”, “.es”, “.pl”;
“Cookies” mean any data file sent by the webserver to the User’s computer or other device connected to the Internet, which enable obtaining of unique identification of the User’s web browser or to save various information and settings, particularly the IP address, web browser properties, device properties, operating system, language settings, referring URL addresses, actions performed in the IS and data and times of visits in the IS;
“Data” means any data inserted by the User into the SW excluding Personal Data;
“Personal Data” means personal data within the meaning of Act No. 101/2000 Coll., on personal data protection, as amended, inserted by the User into the SW, and Cookies;
“User” means any legal entity or an individual other than the Provider, who is using the SW via the UI.
2. License Agreement Conclusion
2.1 The License Agreement is concluded upon the User’s Acceptance of the Provider’s Offer.
3. License Agreement
3.1 By concluding LA under Article 2.1 of this Agreement, the following provisions of this Article 3 of the Terms of Service come into force.
3.2 The Provider grants the User with an LA License and the User accepts the License, all this under the terms and conditions stated in these Terms of Service.
3.3 The Provider shall have the right to shut down, adjust, modify or make the SW unavailable on the web address at any time.
3.4 The User agrees to use the SW only via the UI in a manner not jeopardizing technical software and/or hardware means of the Provider and/or such means in the Provider’s use.
3.5 The User agrees to refrain from the use of the SW in bad faith and/or deliberately causing any damage to the SW.
3.6 The User agrees to refrain from bypassing the SW’s software and/or technical hardware means, in particular, the security systems.
3.7 The License ends upon the Generation of the Agreement.
3.8 The User takes into consideration that the SW, DB, any graphic element of the SW, technical documentation of the SW and/or other copyrighted work included in the SW is a copyrighted work where property rights are exercised by the Provider.
3.9 The User takes into consideration that the SW is not a legal service and does not substitute a legal service.
3.10 The User takes into consideration that the Provider cannot influence the combination of Agreements and/or the selection of settings of the Agreement and/or what details the User selects or inserts into the Agreement.
3.11 The User takes into consideration that the SW is only a (text) editor which facilitates the creation of legal documents and databases, organizes their elements (texts) into sets and displays them to the User.
3.12 With knowledge of Articles 3.8 to 3.11 of these Terms of Service, the User agrees to act in a manner preventing any damage being caused to him through the use of the SW; the User shall be obliged to prevent such damage from occurring.
4. Liability for Damage
4.1 The User of the web portal, in particular with reference to Articles 3.8 to 3.11 of these Terms of Service, accepts exclusive and full responsibility for his actions while using the SW, particularly for selecting, inserting data into and setting up the Agreement and for using the generated Agreement.
4.2 The User hereby renders it undisputed that in view of the character of the SW, in particular with respect to Articles 3.8 to 3.11 of these Terms of Service, the Provider shall not be liable for any damage caused to the User resulting from the use of the SW.
4.3 If the User is an entrepreneur, he hereby expressly waives his right to compensation from the Provider for damage unintentionally caused by the Provider to the User through a breach of any obligation contained in these Terms of Service and/or resulting from the use of the SW and/or the generated Agreement.
4.4 The User declares that he is aware of Section 1747 of the Civil Code and with respect of this fact he hereby renders it undisputed that no provision of this Article 4 of these Terms of Service is surprising for him.
5. Database
5.1 The User and the Provider hereby agree that any Data inserted by the User into the DB are a part of the database created by the Provider and become part of the Provider’s DB without any title to the DB arising on the part of the User through the actions described in this paragraph.
6. Personal Data
6.1 Within the meaning of Section 5 (2) of Act No. 101/2000 Coll., on personal data protection, as amended, the User hereby gives his consent with the collecting, storage and processing of the Personal Data provided by the User to the administrator, who is the Provider, through the use of the SW; the User gives his consent with the processing and use of his Personal Data by the Provider, his employees and/or his authorised business partners. This consent is given for a period of fifty (50) years of the date it was given.
6.2 The purpose of the processing of Personal Data as determined by the Provider is the use of Personal Data for sending of commercial communications to the subject of the data (the User) through electronic means under Act No. 480/2004 Coll., on certain services of the information society, as amended, and further for marketing and business needs of the Provider’s contractual partners and for statistical and/or marketing purposes of the Provider.
6.3 If the User directly and effectively informs the Provider that he no longer wishes to receive business information from the Provider, the Provider shall refrain from sending further unsolicited business communications.
6.4 The User declares that he/she is aware of his/her rights under Section 12 and Section 21 of the Personal Data Protection Act and declares that all the Personal Data are accurate and true and have been provided voluntarily.
6.5 The Provider declares that he will collect Personal Data only in the extent necessary for meeting the above-specified purpose and process the Personal Data in accordance with the purpose for which they were collected. The Provider’s employees and other individuals who process the Personal Data on the basis of a contract with the Provider shall maintain the confidentiality of the Personal Data, even after the termination of their employment or business relationship with the Provider.
6.6 The Provider declares that he will process the Personal Data by electronic means (automatically) via computer programs for which the Provider has secured the right of use (manner of processing), in particular, the SW.
6.7 The User’s consent under this Article 6 of the Terms of Service constitutes a free and informed juridical act which concerns the consent of the subject of the data (the User) with the processing of the Personal Data.
7. Governing Law
7.1 These Terms of Service shall be governed by the laws of the Czech Republic with the exclusion of conflict rules.
7.2 Any disputes arising on the basis of the LA and/or these Terms of Service shall be resolved by the court of the Czech republic having substantive and local jurisdiction.
8. Effect
8.1 These Terms of Service shall come into force and effect on 21 August 2014.