Terms Of Use

Your Agreement with CGP Systems S.R.O.

1. You accept the Terms by clicking to accept or agree to the Terms
2. You may not use the Services and may not accept the Terms if

• (a) You are not of legal age to form a binding contract with CGP Systems S.R.O.,
• or
• (b) You are a person barred from receiving the Services under the laws of Czech Republic or other countries, including the country in which you are resident or from which you use the Services.

CGP Systems S.R.O. provides valued added service over various cloud providers and applications. As a client of CGP Systems S.R.O. you agree to uphold the license / user agreements of the cloud providers and application providers to the extent it applies to your use of CGP Systems S.R.O. services.

Please also read the Cloud Services and Applications License Agreement.

As a CGP Systems S.R.O. user, you agree to uphold the Cloud Services and Applications Agreement to whatever extent it applies to your usage of Cloud Services, Applications and CGP Systems S.R.O..

PLEASE KEEP IN MIND THAT SOME OF THE CONTENT THAT WE MAKE AVAILABLE TO YOU THROUGH CGP Systems S.R.O. COMES FROM CGP Systems S.R.O. SERVICES AND APPLICATIONS. ALL SUCH CONTENT IS PROVIDED TO YOU “AS IS.” THIS CONTENT AND YOUR USE OF IT ARE SUBJECT TO CHANGE AND/OR REMOVAL AT ANY TIME.

Your account with CGP Systems S.R.O.

1. You must provide accurate and complete registration information any time you register to use the Service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify CGP Systems S.R.O. immediately. Accordingly, you agree that you will be solely responsible for all activities which occur under your account.
2. You agree to use the application only for purposes that are permitted by
   • (a) the Terms and
   • (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the England or other relevant countries).
3. You may neither share nor resell your CGP Systems S.R.O. account to 3rd parties.
4. Unless you have been specifically permitted to do so in a separate agreement with CGP Systems S.R.O., you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
5. You agree not to engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
6. Your license to use any Applications is granted directly from the original provider of the Application to you, and you agree to abide by the terms of any such license. You will be solely responsible for paying for and obtaining the rights to any Applications you install and operate through the Services, and for compliance with the terms of each Application license.
7. Some of the Services require that you establish your own account with one or more Cloud Providers. You will be solely responsible for paying for and establishing an account (“Customer Cloud Provider Account”) with each Cloud Provider you select, and for compliance with the terms of use applicable thereto. You agree to abide by the terms of service and acceptable use policy (AUP) of each Cloud Provider that you use through the Services. You must provide CGP Systems S.R.O. with your Customer Cloud Provider Account credentials (i.e., the “CP Key”) that are necessary for CGP Systems S.R.O. to access and manage your use of the Cloud Provider Servers, including, without limitation, accessing Servers as necessary to identify or resolve technical problems or to respond to Services issues. CGP Systems S.R.O. will use reasonable efforts to maintain the confidentiality and security of your CP Keys.
8. CGP Systems S.R.O. has also established its own accounts (“CGP Systems S.R.O. Provider Accounts”) with one or more Cloud Providers, which CGP Systems S.R.O. may use to provide you with the services. CGP Systems S.R.O. will be responsible for paying for and establishing the account with such Cloud Providers, provided that you will be responsible for paying CGP Systems S.R.O. the portion of the Cloud Provider fees allocated to you, and for compliance with the terms of use applicable thereto.
9. Application Trials include the ability to install Applications on a temporary basis for trial purposes.

YOU ACKNOWLEDGE THAT THESE SERVERS AND APPLICATIONS ARE INTENDED TO BE TEMPORARY INSTALLATIONS AND THAT CGP Systems S.R.O. MAY DELETE APPLICATIONS AND SHUT DOWN SERVERS AT ANY TIME.

Disclaimer Of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND CGP Systems S.R.O. DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CGP Systems S.R.O. MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS FREE, OR ERROR FREE; NOR DOES CGP Systems S.R.O. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH HYPERLINKS TO THE WEBSITES OF THIRD PARTIES OR THAT DEFECTS IN THE SOFTWARE FOR THE SERVICE WILL BE CORRECTED. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF THE SERVICE AND INFORMATION RECEIVED USING THE SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA TRANSMITTED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH TRANSMISSIONS OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of liability

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall CGP Systems S.R.O. or any other contributor or supplier, be liable to any person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages.

You further understand and agree that CGP Systems S.R.O. is not responsible for any loss or damage incurred by you, including but not limited to loss or damage as a result of:

1. Any changes with CGP Systems S.R.O. make to the services, or any temporary or permanent cessation in the provision of the services (or any features within the services).
2. The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of service.

Mutual Indemnification

Both parties (CGP Systems S.R.O. and User) shall indemnify and hold harmless the other side (the User and CGP Systems S.R.O.) and its Client, their owners, officers, directors, agents, and employees, from and against all claims, liabilities or costs (including attorney’s fees and court costs), brought by any other party, including private parties or governmental entities.

Mutual Confidentiality

Both parties (CGP Systems S.R.O. and User) agree not to disclose to any third party, confidential information of CGP Systems S.R.O., User, or anyone with a business or employment relationship with CGP Systems S.R.O. or User. Both parties further agrees that they will not use, remove, transfer, transmit, reproduce or otherwise deal with confidential information or other tangible or intangible property of either party, except for the sole purpose of performing the services.

General Legal Terms

1. CGP Systems S.R.O. may make changes to the Terms from time to time. When these changes are made, CGP Systems S.R.O. will make a new copy of the Terms available at https://www.cgpsystems.cz/index.php/terms-of-use/. You understand and agree that if you use the Services after the date on which the Terms have changed, CGP Systems S.R.O. will treat your use as acceptance of the updated Terms.
2. If CGP Systems S.R.O. provides you with a translation of the English language version of these Terms, the English language version of these Terms will serve as the control if there is any conflict.
3. CGP Systems S.R.O. is constantly striving to better its product offering and will contact the User using the email provided after sign up for these and other purposes: sending welcome emails, sending password reset information, notification of billing, followup on signup, and for other messaging needs.
4. User irrevocably agrees to accept all notices, of whatever nature, legal or otherwise, by electronic mail or other digital delivery system at the discretion of CGP Systems S.R.O. for any matter or any proceeding for which notice is required.
5. The Services may include hyperlinks to other websites, content or resources. CGP Systems S.R.O. may have no control over any web sites or resources which are provided by companies or persons other than CGP Systems S.R.O..
6. You acknowledge and agree that CGP Systems S.R.O. is not responsible for the availability of any such external sites or resources as described in (5.), and does not endorse any advertising, products or other materials on or available from such websites or resources.
7. You agree that if CGP Systems S.R.O. does not exercise or enforce any legal right or remedy which is contained in the Terms (or which CGP Systems S.R.O. has the benefit of under any applicable law), this will not be taken to be a formal waiver of CGP Systems S.R.O. rights and that those rights or remedies will still be available to CGP Systems S.R.O..
8. CGP Systems S.R.O. employs industry standards technology and best practices to store and protect your Cloud and Application login information. In no case shall CGP Systems S.R.O. be held liable for any damages incurred as a result of such network or software related breach. In case of a breach CGP Systems S.R.O. will immediately notify you via email or phone call, as CGP Systems S.R.O. deems sufficient, to take necessary actions on your end.
9. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
10. CGP Systems S.R.O. may automatically back up and shut down Applications and Servers at various times, including without limitation, when you log out of the Service, if you do not respond to a prompt after a certain period of time, or if you explicitly request, or if CGP Systems S.R.O. detects that your Application or Server is malfunctioning. The data and software backed up during this process (a “Backup”) can be restored, but such restoration is not guaranteed to reproduce the exact state of the Application or Server at the time the Backup was created, particularly if you have used the “terminal” capability or otherwise directly accessed the Server.
11. CGP Systems S.R.O. reserves the right to modify or discontinue the features, functionality and other attributes of the Services at any time in its sole discretion. You acknowledge and agree that CGP Systems S.R.O. will not be liable to you in connection with its modification or discontinuation of the Services.

Governing Law

These Terms of Use are governed by and construed in accordance with Czech Republic law. Any dispute (including non-contractual disputes) arising from these Terms of Use shall be subject to the exclusive jurisdiction of the Chech Republic courts.

This is the full agreement. CGP Systems S.R.O. may make changes to it from time to time.