Contractual Terms and Conditions of the AVAG application and additional services
effective from January 1, 2023
The company AirView s.r.o., ID number 062 99 881, with its registered office in České Budějovice, Riegrova 2668/6c, postal code 370 01, registered in the commercial register maintained by the Regional Court in České Budějovice, section C, insert 26538 (hereinafter referred to as the "provider"), issues these terms and conditions that regulate the provision and use of the AVAG application and additional services:
1. Definitions of basic terms
1.1. For the purposes of these terms and conditions, the following terms have the following meanings:
AVAG application (also "AVAG" or "application" or "service") - a web application designed for the import of geoinformation and related data (hereinafter referred to as input data or data) and their use through individual functions of the application,
Input data - geoinformation or other data provided by the user in the prescribed or recommended format, intended for import into the application and their subsequent use or for photogrammetry processing. Further details about the format of the input data are given in the AVAG application.
Trial version of the application - a free version of the application with a limited volume of input data, accessible for a limited activation period, intended for the user to get acquainted with the environment and functions of the application,
Full version of the application - a paid version of the application with a basic volume of input data, accessible for an agreed activation period,
Limited activation period - a period during which the user has access to the trial (free) version of the application,
Agreed activation period - a period during which the user has access to the full (paid) version of the application,
Limited data volume - the maximum data volume usable within the trial version of the application,
Basic data volume - the maximum data volume usable within the full version of the application for the agreed activation period,
Increased data volume - a designated data volume, which can be increased for a fee beyond the basic data volume,
Photogrammetry processing - an additional service of the provider, consisting in the processing of photographic images taken by the user for their use in the AVAG application,
Basic photogrammetry processing without GSP’s - photogrammetry processing of photographic images carried out through an automated process without supervision of the provider's photogrammetry center and without the use of ground control points,
Advanced photogrammetry processing with GSP‘s - photogrammetry processing of photographic images by the provider's photogrammetry center using ground control points,
Ground control points (GSP’s) - a distinct and easily identifiable point in the terrain that is provided with geodetic coordinates.
2. Contract conclusion
2.1. A condition for using the application, including its trial version, is the user's registration and creation of a user account, thereby establishing a contractual relationship between the parties.
2.2. The basic subject of the contractual relationship is the obligation of the provider to allow the user to use the trial or full version of the AVAG application and the chosen additional services and the user's obligation to pay the agreed price for the performance (in case of choosing paid services).
2.3. The contract is considered concluded at the moment when the provider confirms the user's registration and sets up a user account.
2.4. The user acknowledges that for the entire duration of the contractual relationship, the provider is the exclusive owner of all rights pertaining to the service and related software.
2.5. The provider is not obliged to conclude a contractual relationship, especially with entities that have previously breached the contract or terms and conditions. The provider is entitled to use common remote communication means when concluding a contractual relationship.
3. Registration and user account
3.1. Registration is carried out through the service's website www.avagpro.com. The user is obliged to provide complete and truthful information during registration.
3.2. Before registration, the user is obliged to familiarize themselves with the current terms and conditions and expressly accept them.
3.3. By completing the registration, the user is given a user account and allowed access to the trial version of the application. A condition for access to the full version of the application is payment for the service.
3.4. The user is responsible for all activity carried out through the user account and acknowledges that the provider is not liable for any damages arising, in particular, from the loss or misuse of login data or incorrect use of the service.
3.5. The content of the user account includes all data imported by the user and the outputs generated by their processing. The ownership rights to the user content remain with the user, who bears sole responsibility for it and explicitly commits not to import data that contravenes legal regulations or good manners into the AVAG service.
3.6. The user acknowledges that the service is not primarily intended for the storage of input data.
4. Scope and Price of Services
4.1. In addition to user registration and account creation, payment for the selected service is a prerequisite for using the full version of the app and accessing additional services. The Provider will activate the service without undue delay after payment has been made. Current information on the price of the AVAG application and individual additional services, including their temporal and volumetric range and other details, are available after logging into the user account. The service fee for the selected period is paid through a third-party payment gateway, and is considered paid upon crediting the corresponding amount to the provider's account.
4.2. The user hereby gives consent for the service (if it is time-limited) to be provided repeatedly even after the currently agreed activation period, based solely on the user's payment of the service fee for the next period, without the provider being obliged to verify the user's actual intention to activate the service for the next period.
4.3. The Provider will carry out photogrammetry processing within a period of up to two working days, provided that the data (photographic images) are delivered undamaged and in the prescribed format on a working day no later than 3.30 p.m. (CET – Central European Time). In other cases, the processing time is extended accordingly.
4.4. If payment for the service for the next period is not made by the last day of the selected service period, the provider will deactivate the option to use existing data (except for their download) and import and use new data. If the user does not make the payment even after 30 days from the deactivation, the provider is entitled to delete the stored data without compensation.
4.5. In case the user account is not active for more than 180 days (the user does not log in to the account during this period), the provider is entitled to cancel this account without compensation.
4.6. Evaluation of time and related circumstances is based on the time (time zone) and related circumstances on the provider's side.
5. Termination of Contract
5.1. The contract is considered terminated when the user's account is cancelled.
5.2. The provider is entitled to cancel an inactive account (article 4.5.) or an account where serious violations of the contract or contract terms occur, especially if the content of the account is in conflict with legal regulations or good morals.
5.3. The user can ask the provider to cancel the account at any time.
5.4. When an account is cancelled, the user is not entitled to a refund or a proportionate part of the already paid service fee.
6. Interruption and Limitation of Services
6.1. The provider is entitled to interrupt or limit the provision of services for the necessary period of time, especially due to: violation of the contract or contractual terms by the user, decision of the relevant administrative body, serious organizational, technical, or operational reasons, crisis situations, execution of works necessary for operation, maintenance and repair of devices through which services are provided, technical, capacity or other inabilities of the communication network of a third party through which the provider provides the service, as a result of events that are in accordance with applicable laws circumstances excluding liability for damage (force majeure).
6.2. In the case of interruption or limitation of services for the above-mentioned reasons, the provider is not responsible for the damage caused.
7. Quality of Fulfillment
7.1. The Provider is obliged to provide performance properly and in a corresponding quality. The Provider is not responsible for defects in performance or inability to perform if their origin lies in the data provided by the user or their non-cooperation.
8. Personal Data Protection
8.1. For the purpose of providing the AVAG service and related services, the Provider processes personal data of users in accordance with the relevant legislation of the Czech Republic and the European Union.
8.2. The Provider, who is also the data controller, processes personal data only to the extent necessary and to the extent necessary to fulfill the purpose of processing, under the conditions set out in this contract and the data protection rules available on the website www.avagpro.com.
8.3. The Provider processes personal data of users, which are especially name, surname, residential address, telephone number, email address, data on subscribed services, payment history and user contact information for the purpose of: 1. conclusion and fulfillment of the contract, its amendment or termination, 2. user records, 3. income and payment records and claims records, 4. handling complaints and other submissions, 5. compliance with legal obligations of the controller, 6. protection of rights and legally protected interests of the controller or third parties.
8.4. The User acknowledges that the provision of personal data is voluntary and that if personal data is not provided in the extent required at registration, it is not possible to conclude a contract.
8.5. The Provider processes personal data for the duration of the contract, as well as after its termination, for the duration of limitation periods or until the complete settlement of rights and obligations from this contractual relationship, unless otherwise stipulated by law, or in case of meeting legal conditions for asserting rights or fulfilling other obligations imposed by law.
8.6. The Provider, based on the user's consent, is entitled to process personal data in the necessary extent for marketing purposes, mainly promotion and offering of services and products of the provider, distribution of further business communications, conducting satisfaction surveys and improving service quality. For this purpose, the Provider may also use so-called cookies (small files stored on the user's computer) when visiting the Provider's website. The User has the right to withdraw such consent at any time. The Provider is entitled to contact the User for the purpose of informing about offers and services related to the services subscribed by the User even without the explicit consent of the User. The User is entitled to object at any time in case of disagreement with this procedure.
8.7. The Provider undertakes to take appropriate measures to protect identification and other personal data, as well as information about the user, in accordance with applicable laws. The User acknowledges that the Provider is entitled to provide information and data processed during the provision of the AVAG service and additional services to the necessary extent: 1. if necessary to assert the rights of the Provider against the User or to fulfill the legal obligation of the Provider, 2. business representatives of the Provider or other entities (processors or recipients), who will act on behalf of the Provider as intermediaries or business partners in providing the AVAG service and additional services, including its ordering and activation and handling complaints.
8.8. The User has the right to access personal data, the right to rectify personal data, the right to erase, the right to restrict processing, the right to data accuracy and the right to object. With questions or comments in this regard, the User can turn to the contacts listed in the data protection notice on the page www.avagpro.com.
9. Dispute Resolution
9.1. Users who are consumers have a legal right to out-of-court settlement of any consumer dispute from the concluded contract. In case a consumer dispute arises from a concluded contract between the Provider and a user who is a consumer, and it is not resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such dispute to the designated entity for out-of-court resolution of consumer disputes, which is: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, Email: adr@coi.cz, Web: adr.coi.cz. The consumer may also use the online dispute resolution platform established by the European Commission at the address: http://ec.europa.eu/consumers/odr/.
10. Final Provisions
10.1. These terms and conditions were issued on 01.01.2023 and apply to all contracts concluded after this date. For contracts concluded before this date, these terms and conditions apply from 01.03.2023.
10.2. These terms and conditions are an integral part of each validly concluded contract. In the event of a discrepancy between the contract and the terms and conditions, the provisions in the contract take precedence.
10.3. The legal relationships between the contracting parties, which are based on the contract and/or these terms and conditions, including those not expressly regulated by the contract and/or these terms and conditions, are governed by the relevant provisions of the applicable laws of the Czech Republic. The user agrees that in case of a dispute, the court with jurisdiction at the Provider's headquarters is the competent court to hear the matter.
10.4. If any provisions of the contract and/or terms and conditions are invalid, it does not affect the validity of the other provisions of the contract and terms and conditions. Invalid provisions are replaced by provisions of the valid laws of the Czech Republic, which are closest in content and purpose to the content of the contract and/or these terms and conditions.
10.5. By accepting these terms and conditions, the user confirms that they have read them, all their provisions are clear and understandable to them, they fully understood these terms and conditions, agree with them, and commit to abide by them.