Terms of service

By signing up for COSTLOCKER and using the COSTLOCKER service available at https://app.costlocker.com and https://new.costlocker.com (hereinafter the “Service”) you agree to these Terms of Service and undertake to comply therewith. The Service is provided online and always in its current version, therefore, the range of features and functions may change and expand over time.

Registration

You must be a legal entity or an individual person aged 15 years or older to use the Service. The Service is for business use only (not intended for consumers). To become user of the Service (hereinafter referred to as “User”), you need to sign up for a user account on the COSTLOCKER website. Any new user account is by default set up as an owner account (hereinafter referred to as “Owner account”), unless you sign up for a user account through an invite sent by another User with owner account (hereinafter referred to as “Owner”). Owner account allows you to link other user accounts to your account through the sign up invite and manage your subscription and user roles. When you sign-up for the Service or make any changes to your user account setup, you must use only the real and true data.

The user account login information is non-transferable and the User shall be liable for any abuse of the login information as a result of disclosure to a third party or parties, whether intentional or by negligence. The Provider reserves the right to deny the registration of a user account.

Pricing

The service is available free of charge with all features included for up to 4 Users and 25 projects under one Owner account. In case you exceed the number of Users or projects included in the free offer, you will be charged a standard subscription fee (see Pricing) per each user / 30 days.

The Provider reserves the right to change the standard subscription fee at any time. Owners will be notified about such change always with 14 days prior notice sent to the registered e-mail address. You are entitled to refuse the change of subscription fee and cancel your Owner account before the change takes effect.

Trial period

You can use the Service with the Owner account FOR FREE and without any limitations for a limited trial period of 30 days from your first sign-in. You are authorized to make use of the trial period for only one Owner account. If you do not cancel the Owner account during the trial period, you may be charged subscription fee based on the number of Users under your account at the end of the trial period.

Payments, refunds, upgrading and downgrading

 

The Service subscription fee is always charged in advance for a period of next 30 days according to the number of Users under your Owner account. Paid payments of subscription fee are nonrefundable, unless specifically set forth otherwise in these Terms of Service. The extent, the partial period of Service use, Service availability, end of operation, cancellation of user account or any other facts shall not be deemed to constitute a right to any compensation or refunds for subscription fee already paid. The User (Owner) agrees that the payment of subscription fee shall be made automatically based on the provided payment details. All payments will be made through the 3rd party payment provider.

If you change the number of Users under your Owner account during the period for which the subscription fee has already been paid, the new subscription fee calculated based on this change shall apply to the rest of the subscription period proportionally. Missing amount is chargeable immediately upon the change. The amount overpaid will be deduced from your next payment of the subscription fee in case you will continue with paid subscription of the Service for the next period, otherwise it is not refundable.

All prices are exclusive of VAT and any other statutory taxes, duties or charges. Any such taxes, duties or charges shall be payable by the User (Owner). The Service requires a functional Internet access. All cost associated with Internet access and the use of Service on compatible terminal equipment shall be borne by the User.

Termination

You can cancel your Owner account at any time in your account settings by using the cancelation link: User > Payments & Billing > Cancel your Costlocker account. Only users with Owner rights are entitled to cancel the Owner account. Other requests to cancel the account, regardless if you make it by e-mail, fax or telephone, will be ignored. The Provider is entitled to cancel any user account and hence the entire Owner account at any time especially due to any breach of the present Terms by the User or due to withdrawal of consent to the processing of Personal Data. By cancelling the Owner account, the User shall lose his/her entitlement to any compensation payment by the Service Provider, to access the COSTLOCKER Service and any contents created or saved by the Owner and all Users linked to the Owner account.

Personal data & privacy

All relevant information about personal data processing, including information about the scope and the manner of such processing is included in the “Privacy Policy”, which forms an integral part of the present Terms of Service. Your User account shall be cancelled in the event of withdrawal of consent to the processing of Personal Data.

By setting up the Owner account, the Owner, as a personal data controller, authorizes Provider in accordance with § 6 of Act No. 101/2000 Coll., on the Protection Personal Data, as a personal data processor, to process data of the Users in the scope of: name, company information, e-mail address, user role, country and other personal data entered into the Service, particularly information about working time, wage or other remuneration; for the purposes of tracking time and managing costs. The Provider as a personal data processor shall process the personal data specified above in accordance with the applicable law and data controller’s instructions. The Provider as data processor shall also adopt measures preventing unauthorised or accidental access to personal data, their alteration, destruction or loss, unauthorised transmission, other unauthorised processing, as well as other misuse, namely use locks and electronic protection, secure the data systems with access rights and antivirus protection and back up the data regularly. The rights and obligations from this contractual relationship stay in effect for the period of effectiveness of the contractual relationship between the Provider and the Owner based on this Terms, in other words throughout the existence of the Owner account.

Intellectual property

The Provider owns and exercises all copyrights to Service and all copyrighted works, which constitute part of the Service, as well as rights to all protected elements such as i.e. trademarks related to the Service. You are entitled to use the Service and copyrighted works only for your own internal needs. You are not entitled to copy, reproduce, decompile, edit, process, translate or otherwise modify these copyrighted works that constitute part of the Service, not even for the purpose of removing defects or creating back-up copies, or analyze these works or their source code in any way.

You are also not entitled to create any works derived from any original copyrighted works included in the Service. In particular, You are not entitled to develop any applications derived from the Service for the use of or distribution by a third party, in whole or in part, as stand-alone products or components and by any means of distribution (including Internet or Internet-based services). Moreover, you are not entitled to perform or offer any kind of services connected directly or indirectly with the Service, such as consulting, training, assistance, modification or development for any third party regardless of the method of offering or performing such services (including Internet and Internet-based services).

Without an explicit consent of the Provider, You are not entitled to grant a license, sub-license or assign rights to any copyrighted work, which is part of the Service, or make it available in any way other than that resulting from regular use of the Service.

When using the Service, you are not entitled to use any devices or other applications allowing for the monitoring or copying of the Service contents except for the tools offered by the Provider.

By using the Service, you grant the Provider a territorially unrestricted non-exclusive right (for the period of existence of User account) to use the data and the contents provided by you for the purpose of operating the Service.

Warranty

The Service is being provided at a quality comparable to services of the same kind and in accordance with the obligations arising from the present Terms of Service.

With regard to the technical complexity of Service operation and the degree of dependence on third party services, the Provider shall not be liable for any deterioration of Service quality or Service unavailability.

The Provider reserves the right to temporarily restrict the availability of Service in particular due to Service downtime, scheduled maintenance, or technical changes in the Service; the Provider should (if possible) notify the Users of any service downtime.

THE SERVICE IS PROVIDED AS IS WITHOUT ANY WARRANTIES EXCEPT AS SET FORTH IN THE PRESENT TERMS OF SERVICE. BY AGREEING TO THE PRESENT TERMS OF SERVICE, THE USER WAIVES THE RIGHT TO ANY COMPENSATION FOR DAMAGE OR COMPENSATION (INCLUDING LOST OF PROFITS) INCURRED IN CONNECTION WITH THE USE OF THE COSTLOCKER ESPECIALLY DUE TO DETERIORATION OF SERVICE AVAILABILITY, SERVICE MALFUNCTION, SERVICE CANCELLATION, OCCURRENCE OF ERRORS IN SERVICE RUN OR IN CALCULATIONS CARRIED OUT UNDER THE SERVICE, THE LOSS OF STORED DATA OR ANY OTHER MATTER RELATED TO THE SERVICE.

Miscellaneous

The User shall be entitled to use the data space to store own content. In the event of storing own content, the User shall be obliged to ensure that all data provided by him/her and stored under the Service were provided in accordance with laws applicable to activities of the User including legislation governing the protection of personal data. The User shall not be entitled to use the Service in a manner contrary to these Terms of Service, the applicable Czech legislation and the laws applicable in the place of registered office of the User. The Provider shall be entitled to suspend or discontinue the Service or modify the scope of services provided at any time and for any reason, without a prior notice and without any entitlement of the User to compensation.

Cancellation of the Owner account shall include deleting of all content entered into the Service by the Owner and all Users, whose accounts are linked to the respective Owner account. Cancellation of the Owner account shall be deemed to constitute a termination of the contract between the Owner and the Provider with immediate effect; Provider will not provide any compensations or refunds, in particular for the subscription fee already paid.

The Provider shall be entitled to change these Terms of Service for any reason at any time. The current version of the Terms of Service is always available at Terms and conditions. Any change of this Terms of Service shall be notified to Users by email and within the user account settings. By using the Service after effectiveness of any change to these Terms of Service, you consent and are required to adhere to the current version thereof. In the event of disagreement with the new wording of the Terms of Service, the User shall be entitled to cancel its user account and the cancellation of user account shall be governed in full by the provisions of the present Terms of Service.

The present Terms of Service and the contractual relationship between the User and the Provider shall be governed by the laws of the Czech Republic. The parties have agreed that disputes arising in connection with the Service shall be referred to the courts competent both in terms of the subject of the dispute and the address of the registered office of the Provider. These Terms of Service shall enter into effect upon publication on the COSTLOCKER website.

Terms of Service, version 3.0.
Published on September 5, 2017.
Provider: Costlocker SE Borivojova 878/35 Prague, Czech Republic