1. Introductory provisions
1.1. Provider
1.1.1 The Provider and Operator of the Hoofmanager application is FARMCZSYSTEM, s.r.o., Company Registration Number: 03324966, with its registered office at Trojická 1910/7, Nové Město, 128 00 Prague 2, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 236257.
1.1.2 Provider’s contact details: Address: Trojická 1910/7, Nové Město, 128 00 Prague 2, Email: office@farmsystem.cz
1.1.3 The Provider is a legal entity which, amongst other things, operates the Hoofmanager application, as generally defined below in clause 1.2 of the Terms and Conditions.
1.2. The Hoofmanager application
1.2.1 The Hoofmanager application is a software service that enables the collection and analysis of data relating to farriery work, hoof care and limb therapy.
1.2.2 The Provider enables users to use the Hoofmanager application via remote access to the Provider’s server through the web interface on which the Hoofmanager application is hosted.
2. Definitions
2.1.1 Application – the Hoofmanager application specified in Article 1.2 of the Terms and Conditions. For the purposes of these Terms and Conditions, the term ‘Application’ includes the application hosted at hoofmgr.farmcloud.cz and the promotional website www.hoofmanager.cz;
2.1.2 Price – the price charged by the Provider for the use of certain versions of the Application, with the individual components, amount and method of determining the Price set out in the Price List;
2.1.3 Price List – the Provider’s price list for services, the current version of which is published at https://www.hoofmanager.cz/en/cenik;
2.1.4 Period of Use of the Application – the period during which the agreed functions of the Application, as set out in the current version of the Application, are available to the Customer, subject to payment of the Price.
2.1.5 User’s email address – the email address provided by the User during registration and when concluding the Agreement for the Use of the Application, and which is listed in the ‘My Account’ section, where the User may amend it;
2.1.6 Provider – FARMCZSYSTEM, s.r.o., as specified in Article 1.1 of the Terms and Conditions;
2.1.7 User – a natural or legal person who has entered into the Application Usage Agreement with the Provider;
2.1.8 Terms and Conditions – These general terms and conditions of use of the Application;
2.1.9 My Account – the administration interface made available to the User, through which the User may, in particular, log in to the Application, configure settings, save changes to contact or billing details and process data, and access data, information and documents;
2.1.10 Agreement – the Agreement on the Use of the Application concluded in electronic form between the Provider and the User;
2.1.11 Contracting Parties – a collective term for the Provider and the User who have entered into the Agreement.
3. Conclusion of the Agreement on the Use of the Application, Licence to Use the Application, Rights and Obligations
3.1. The Agreement comes into effect upon the User’s registration. Registration involves entering the User’s identification details into the registration form and submitting the form. Upon registration, the User may access the Application and their ‘My Account’ user interface. By registering, the User expresses their consent to these Terms and Conditions for the Use of the Application; the Terms and Conditions form an integral part of the Agreement and the User is bound by them.
3.2. By entering into the Agreement, the Provider grants the User the right (licence) to use the Application under the terms and to the extent set out in these Terms and Conditions, and to the extent permitted by the Application’s functions in accordance with the version of the Application and subject to payment of the Price.
3.3. Scope of the licence for the Application and restrictions on the scope of the licence:
- 3.3.a) the licence is granted on a non-transferable basis;
- 3.3.b) the licence is granted on a non-exclusive basis;
- 3.3.c) scope of the licence: to the extent permitted by the Application’s functions, depending on the version of the Application and subject to payment of the Price;
- 3.3.d) Duration of the licence: for the Period of Use of the Application, provided that the licence is subject to compliance with the scope of the licence and these Terms and Conditions and, depending on the version of the Application, to the proper payment of the Price;
- 3.3.e) geographical scope of the licence: unlimited.
3.4. Protection of the Provider’s Rights
3.4.a) The Provider shall host the Application in the form of its implementation on its own server or, where applicable, on a server in a hosting centre. The Provider shall not provide the User with any copies of the Application. The User shall have no right to the source codes of the Application.
3.4.b) The fee for the grant of the licence is included in the agreed Price.
3.4.c) The User is not authorised, without the Provider’s express consent, to grant a sub-licence, assign rights to the Application (their user account) or make it (their user account) available to third parties in any other way, not even to a person with whom they form a group within the meaning of Section 79 of Act No. 90/2012 Coll., on Commercial Corporations.
3.4.d) The User is not authorised to decompile the Application, or any individual computer programmes contained within the Application, or to process, translate, reproduce or modify the Application in any other way, or to carry out decompilation or disassembly beyond what is permitted under Section 66 of the Copyright Act.
3.4.e) The Application and all its parts, such as texts, code, design, user interface, applications, websites or information architecture, etc., are the exclusive property of the Provider and must not be used, copied, misused, resold or reproduced without the Provider’s prior express written consent.
3.4.f) In the event of any unauthorised infringement of the Provider’s rights, the Provider is entitled to terminate the User’s use of the Application.
3.4.g) The User is not authorised to manipulate the Application in any way other than that permitted by the Application’s user interface.
3.4.h) The User undertakes to use the Application in such a way that neither the User nor the Operator suffers any harm as a result of using the Application. The User is obliged to use the Application only in a manner that complies with the relevant legal regulations, in accordance with the Agreement and these Terms and Conditions.
3.4.i) The User is obliged to keep their access passwords to the Application confidential and to treat them as confidential information.
3.5. Other copyrighted works
3.5.1 These Terms and Conditions also apply to other copyrighted works made available to the Customer or created under a separate Agreement (e.g. user documentation, processing or modifications to the Application, the creation of other software).
4. Term of the Agreement, Price and Payment Terms
4.1. Term of the Agreement
4.1.1 The Agreement is concluded for the Period of Use of the Application, i.e. the period during which the agreed functions of the Application, as per the current version of the Application and subject to payment of the Price, are available to the User.
4.2. Price
4.2.1 The Application is available in three versions: Gold, Silver and Bronze. Use of the Bronze version of the Application is free of charge
4.2.2 The Price for access to the other versions of the Application is payable as a one-off payment in advance for the selected period of Use of the Application. Once the User has paid the Price, the Provider shall generate and send the relevant tax document to the User’s email address. The Provider expressly agrees to have invoices sent to them electronically, in PDF format or another suitable format. The User is obliged to provide the Provider with their billing details and to keep these details up to date.
4.2.3 Towards the end of the period for which the Price for using the Application has been paid, the Provider shall, by way of an offer, invite the User to pay the Price for the following period of the same duration. Should the User not accept the offer, they shall only be able to use the free version of the Application.
4.2.4 The Price for using the Application is set out in the current Price List, which is available at https://www.hoofmanager.cz/en/cenik.
4.2.5 Unless expressly agreed otherwise, Prices are quoted exclusive of VAT, which is charged separately at the rate laid down by applicable legislation.
4.2.6 The Provider reserves the right to charge for the entire Application in the future, i.e. including the free version.
5. Liability for defects and damage
5.1. The Application’s services are provided to the User ‘as is’. The Operator does not guarantee the continuous availability of the Application and its functionalities.
5.2. The Provider is not liable for the Application being free from defects or for it working flawlessly with other hardware or software, regardless of the version of the Application.
5.3. The Provider accepts no liability for data and information entered by the User, nor for data and information stored by the User within the Application or under their ‘My Account’ user account.
5.4. The Provider accepts no liability for the compliance of data stored in the Application or of outputs from the Application with the relevant legal regulations, and it is solely the User’s responsibility to ensure their compliance with the relevant legal regulations.
5.5. The Application’s services depend on the availability of a number of third-party services. Should the Application cease to function due to the malfunction of third-party services, the Provider cannot be held liable for this. The User account may also be unavailable from time to time due to necessary maintenance of the Operator’s equipment or that of third parties;
5.6. The Provider shall also not be liable for the unavailability of the Application’s services if this was caused by the User, third parties or circumstances excluding liability, in particular, but not exclusively:
- 5.6.1 operational incidents caused by changes to the system environment made by the User or a third party;
- 5.6.2 the User entering incorrect data into the Application, or the User’s incorrect procedure when entering information or files into the Application;
- 5.6.3 failure to meet the minimum system or other requirements for the operation of the Application;
- 5.6.4 infection of the User’s local network or computers by computer viruses (spyware, malware, etc.), or attacks by hackers or other similar external attacks;
- 5.6.5 damage caused by the malfunction of the User’s technical equipment, operating system or network;
- 5.6.6 a breach of legal regulations by the User;
- 5.6.7 the disclosure of access passwords to third parties on the User’s part;
- 5.6.8 unavailability of data and termination of access to the Application in the cases set out in these Terms and Conditions;
- 5.6.9 use of the Application in breach of these Terms and Conditions or the Agreement.
5.7. The Provider shall not be liable for any loss suffered by the User arising from the use of the Application, the unavailability of the Application or operational incidents affecting the Application. The User hereby waives, in relation to the Provider, the right to compensation for any loss that may arise in the future as a result of using the Application or a breach of the Provider’s obligations, with the exception of claims for compensation which, under the relevant legislation, cannot validly be waived.
6. Personal Data and Cookies
6.1. The Provider, as the data controller, processes the User’s personal data for the purposes of using the Application and performing the Agreement.
6.2. In connection with the use of the Application and the performance of the Agreement, the following identification, contact and billing details will be processed, in particular: the User’s first name and surname, email address, company registration number/VAT number, company name, business address and telephone number of the contact person.
6.3. Personal data will be processed until the User ceases to use the Application or until the Agreement is terminated. The Provider is entitled to continue using and processing personal data for a longer period only if this is necessary for the purposes of the Provider’s legitimate interests (in particular in connection with any inspections by public authorities and institutions, or to defend against alleged claims).
6.4. The Application may use so-called cookies to optimise its services.
6.5. Detailed information on the rights of data subjects, the principles and procedures governing the processing of personal data and the use of cookies is set out in the Rules on the Processing of Personal Data and the Use of Cookies, which can be found here: https://www.hoofmanager.cz/en/gdpr.
7. Data management
7.1. The Application utilises the services of third parties for its operation, in particular Providers of hardware, network connectivity and other technologies. All data stored in the Application’s database, as well as data transferred to and from the User’s device, is protected in a standardised manner against the risk of accidental or unauthorised access and against alterations, and is backed up.
7.2. The User expressly agrees that any data, information and documents entered by the User into the Application or stored within the Application become and form part of the Provider’s database, and the Provider is entitled to use them in anonymised form for an unlimited period for statistical, archiving, educational and scientific purposes, and for purposes in line with the Provider’s business activities, without the User’s actions described in this paragraph giving rise to any right to the Application’s database or any right to compensation or remuneration.
7.3. During the Period of Use of the Application, the User has access to all data and documents stored within the ‘My Account’ user account, which are in commonly used formats, and may export this data at any time. Upon termination of use of the Application, the User loses access to the Application and to all data and documents stored within the Application. The User may request the export of data from the Application that the User had stored in their ‘My Account’ user account. This service is subject to a charge in accordance with the Price List. However, the User must request the export of data no later than 15 days from the date of ceasing to use the Application.
8. Termination of use of the Application
8.1. The User may terminate their use of the Application at any time and cancel their user account at any time by sending a request via email from the User’s email address to the Provider’s email address specified in clause 1.1.2. The Provider shall cancel the User’s account within 30 days of receiving such a request. In such a case, a User who has paid the Price for using the Application is not entitled to any compensation or refund of the amount paid, nor to a proportionate part thereof.
8.2. The Provider is entitled to terminate the User’s use of the Application in the following cases:
8.2.1 if the User is in arrears with payment of the Price;
8.2.2 if the User jeopardises the secure operation of the Application;
8.2.3 in cases of suspected overloading of the Application, disruption to the operation of the Application, attempts at reverse engineering, obtaining third-party data, or any threat to the Application;
8.2.4 in the event of a breach of any part of the Terms and Conditions by the User;
8.2.5 if the User’s account remains inactive for a period of 24 months.
8.2 In such a case, a User who has paid the Price for using the Application shall not be entitled to any compensation or refund of the amount paid, nor to a proportionate part thereof.
8.3. The Provider further reserves the right to terminate the operation of the Application at any time, even without giving a reason. In such a case, the User is entitled to a refund of a pro rata portion of the Price they have paid.
9. Final Provisions
9.1. The contractual relationship arising from the Agreement shall be governed by Czech law, in particular the provisions of Act No. 89/2012 Coll., the Civil Code, and Act No. 121/2000 Coll., the Copyright Act. All disputes, disagreements or claims arising from or in connection with these Terms and Conditions shall be resolved by the courts of the Czech Republic.
9.2. The Provider is entitled to amend the Terms and Conditions of the Application at any time. The User will be notified of any changes to the Terms and Conditions in advance. The current version of the Terms and Conditions is available at https://www.hoofmanager.cz/en/vop.
9.3. These Terms and Conditions are valid and effective from 1 November 2021.