1. BASIC PROVISIONS
1.1. This Agreement (hereinafter referred to as the “Licence Agreement”) is a Licence Agreement pursuant to Act No. 185/2015 Coll., on Copyright and Rights Related to Copyright (the Copyright Law), as amended, between the end user (authorised by the licence) (hereinafter referred to as the “User”) of the software product and Zaraba to, s.r.o., registered in the commercial register kept by the District Court of Prešov, Department: Sro, Insert No.: 36956/P, with registered office: Bajkalská 4860/5, 080 01 Prešov, Company ID: 51900238, as the licensor (hereinafter referred to as the “Provider”) of the software product (hereinafter referred to as the “Application”).
1.2. Other rights and obligations of the Contracting Parties are determined by the General Terms and Conditions, which are an inseparable part of this Licence Agreement. By concluding this Licence Agreement, the User also expresses his or her consent to the General Terms and Conditions.
1.3. The Provider grants the User a licence to use the Application to the extent laid out in this Licence Agreement. The licence according to this Licence Agreement does not entitle the User to any other handling of the Application, other than that regulated by this Licence Agreement or as implied by applicable legal regulations.
1.4. The Provider does not research or collect information about the User’s knowledge and experience in the field of computer literacy, his/her financial situation and investment goals.
1.5. The Provider bears no responsibility in relation to the User for his/her decisions regarding the investment of financial resources.
2. LICENCE TO THE APPLICATION
2.1. On the basis of this Licence Agreement, the User can install the purchased Application and use it (hereinafter referred to as “use”) on only one User’s computer.
2.2. A computer is understood to mean any device on which the Application can be run.
2.3. The licence is issued for the Application as a whole, including all its subsequent upgrades. The Application components may not be separated, installed or run on more computers than specified in point 2.1 of this article of the Licence Agreement.
2.4. If the computer hardware is modified, the User has the right to request the issuance of a new licence, whereby the original licence will be deactivated. The Application contains technological resources that were designed to prevent the use of the Application without a licence. The Provider will use these resources to check whether the User is using an Application that is legally licenced.
2.5. It is necessary to request a licence for the Application via the registration form provided on the Provider’s website www.zarabato.sk. The User’s data must be entered into the registration form in line with the General Terms and Conditions.
2.6. The Application licence is billed according to the Provider’s valid price list published on its website www.zarabato.sk.
2.7. The User is obligated to pay the fee in line with the currently valid price list by a cashless electronic bank transfer to account number SK95 8330 0000 0023 0150 3997. Detailed payment instructions will be sent to the User via e-mail after confirmation of registration.
2.8. The licence fee is guaranteed only during the licence period. The Provider reserves the right to alter the prices of new licences and licences extended for another period.
3. THE APPLICATION
3.1. The application Snegoo® is a registration software that serves to record Users’ investments. Each investment is registered separately using a so-called registration line.
3.2. The registration key to the Application will be generated for a User after approval of his/her application for registration to use the Application. The provided unique registration key is also the initial password generated by the system.
3.3. The User has access to the following data as part of the Application:
a) monitoring the overall status of the User’s account(s),
b) an overview of individual investments – open and closed,
c) an overview of dividends paid,
d) an overview of paid fees associated with investing,
e) a comprehensive list of companies or funds registered in the Application,
f) information on remaining balances of cash,
g) and additional useful information necessary for managing financial resources.
3.4. The Provider shall immediately, within his capabilities, inform the User of all relevant changes related to operation of the Application.
3.5. The Provider has the right to suspend or restrict the use of the Application for the time necessary for maintenance of the Application or data processing.
3.6. During authentication and authorisation, the User is required to enter his/her login name and password after starting the Application. Authentication and authorisation as well as the licence validity check are ensured by the online communication of the Application with the Provider’s server. For this reason, the Application can only be used for a brief time in offline mode.
3.7. In case of three consecutive unsuccessful attempts at authorisation by entering incorrect login data, the Provider is authorised to block the User’s access to the Application until further notice. Access to the Application will be restored to the User after receiving a request from the e-mail used during registration.
3.8. The User is obligated to take all measures to ensure the safety of use of the Application, in particular to protect the system and its security component (password) against misuse by an unauthorised person, loss or disclosure.
3.9. In case of loss, theft or disclosure of any of the authorisation elements or for other reasons, the User is obligated to change or reset the password.
4. PROHIBITION OF LEASING AND SHARING
4.1. It is forbidden to lease, lend, share and licence the Application to other entities (legal entities or natural persons).
5. SUPPORT AND UPDATES
5.1. Updating replaces or supplements the older version of the Application. Support and updating the Application are subject to the terms of the Licence Agreement in effect at the time of their release.
5.2. Application support comprises:
a) the resolution of legitimate complaints in the form of functionality repair,
b) technological upgrades consisting in ensuring compatibility with currently supported versions of the operating system and other used products, support of new standards,
c) solutions to questions and operational issues arising for the User when using the Application will be provided in the form of an e-mail customer line: email@example.com; if necessary, another method of communication can be agreed with the User.
6. PERSONAL DATA
6.1. The Provider is entitled to collect, process and store the User’s personal data necessary for the conclusion of the Licence Agreement.
6.2. By filling out the registration form, the User gives the Provider consent to store and use the User’s personal data from the registration request until the licence expires to satisfy the obligations arising from the Licence Agreement. The General Terms and Conditions provide more detailed information on personal data protection.
6.3. Any technical information that the User provides to the Provider within Support and Update services may be used for business needs, including product support and product development, with the exception of information marked as “confidential”. The Provider will not use this technical information in such a way that would personally identify the User. Information designated by the User as confidential will be used exclusively for Support and Update purposes.
7. ACTIVATION AND DEACTIVATION OF THE LICENCE
7.1. The Licence Agreement is concluded by registration of the User.
7.2. Licence activation begins on the day of payment of the fee in line with the currently valid product price list.
7.3. The licence is valid for one year from activation with the possibility of automatic extension. A condition for extending the licence is the payment of the licence fee for the next period.
7.4. Deactivation of the licence begins the day after expiration of the one-year period, if the User has not paid the fee in line with the currently valid price list of products for the use of the Application for the next period.
7.5. If User violates the provisions of this Licence Agreement, the Provider is authorised to withdraw from the Licence Agreement with immediate effect. Information on withdrawal from the Licence Agreement will be sent to the User via e-mail to the User’s e-mail address entered during registration. Withdrawal from the Licence Agreement becomes effective immediately upon sending the information about withdrawal from the Licence Agreement. Withdrawal from this agreement does not affect the right of the Provider for payment of the licence fee, if the licence was provided for a fee, or the right to compensation for damages.
7.6. With deactivation of the Licence Agreement, the User terminates all rights to use the Application. In such case, the User undertakes to completely remove the Application and all its components from his or her computer within 7 working days at the latest.
8. FINAL PROVISIONS
8.1. The User declares that by registering and installing the Application, he/she is expressing his/her free will. The User further declares that this Licence Agreement was not concluded under duress, in distress, or under conspicuously disadvantageous conditions and at the same time confirms his/her agreement with the terms of this Licence Agreement.