1. License Agreement conclusion
1.1 The License Agreement shall be concluded (I) when the App is downloaded; or (II) when an Update is downloaded, provided the Client had downloaded the App prior to the effective date of the License Terms. If an Update is downloaded, the License Agreement shall supersede any prior arrangements, agreements, and contracts, whether written or oral, governing the use of the App that may have been concluded by and between the Bank and the Client before the Update was downloaded.
1.2 If the Client does not agree with the License Terms, he or she may not use the App or download an Update.
1.3 The Client shall not incur any costs in connection with using means of distance communication on the basis of the License Agreement vis-à-vis the Bank.
1.4 Information relating to the conclusion of the License Agreement is not stored in the Bank and, consequently, it cannot be accessed.
2. Using the App
2.1 Upon conclusion of the License Agreement, the Bank grants a License to the Client on a royalty-free basis.
2.2 The Bank grants the License to the Client for the term of the License Agreement.
2.3 The Bank grants the License to the Client to allow his or her use of the App that is designed, in particular, to use various products and services of the Bank, Members of the Bank’s Financial Group, and third parties.
2.4 The Bank may shut down, modify and/or disable the App or any part thereof for any reason whatsoever.
2.5 The Bank may release Updates even without the Client’s consent.
2.6 In order for the App to be fully functional, it is necessary to comply with the relevant technical criterial specified on the Bank’s intranet site and use the most recent version of the App. Furthermore, in order to ensure proper use of the App, it is necessary to have access to electronic communication networks (e.g. mobile operator’s networks, Wi-Fi networks or fixed internet access services).
2.7 The Client may use the App solely for his or her own personal use.
2.8 The Client may not sublicense the use of the App to any third party.
2.9 The Client may not assign the License to any third party.
2.10 The Client may not lease or loan the App.
2.11 The Client may not decompile, modify, process, translate or otherwise alter the App, any parts thereof or databases included therein, not even to remedy any defects or ensure the App’s interoperability.
2.12 The Client may not develop any product (e.g. software) that is derived from the App or any part thereof.
2.13 If the Client does not download an Update, he or she may use the most recent previous version of the App; furthermore, the Client acknowledges that the Bank shall not be responsible for the proper operation of the App (e.g. availability of certain features of the App). The Client agrees that if he or she does not download Updates, the Bank may disable previous versions of the App at any time and at its own discretion.
2.14 In using the App, the Client shall act in a way that ensures that neither the Client nor the Bank incurs any damage as a result of the use of the App.
3. Third-Party Products
3.1 The Bank does not grant a License to Third-Party Products.
3.2 The Client must comply with any terms of use applicable to such Third-Party Products.
4. Damages and rights relating to defective performance
4.1 Since the License is granted on a royalty-free basis, the provisions of the Civil Code[1] governing defective performance and Client’s rights relating to defective performance shall be excluded. Unless the Client is a Client – Consumer, the Client and the Bank have agreed with regard to the conditions for granting the License that the Bank would not be liable for any damage incurred by the Client as a result of the breach of Bank’s obligations, including any damage incurred as a result of an App defect. However, the Bank shall remain fully liable for any damage caused by the Bank intentionally or through gross negligence or for any damage, for which the Bank is liable in compliance with the applicable law governing the License Agreement, whereas the Bank’s obligation to compensate cannot be excluded on the basis of an agreement by and between the Bank and the Client.
4.2 In case of a Client – Consumer, the applicable provisions of the existing legislation shall apply to the exercise of any rights relating to defective performance [2].
5. Amendments to the License Terms
5.1 The Bank may, to a reasonable extent, unilaterally amend the License Terms. Any such amendment shall be communicated to the Client in the form of a link to the Bank’s intranet site that contains the new wording of the License Terms in the App prior to downloading any Update; at the same time, the new wording shall be posted on the Bank’s intranet site. If the Client does not agree to the proposed changes, he or she may reject them and, consequently, withdraw from the License Agreement in writing, subject to a one (1) month notice period. If the Client fails to withdraw the License Agreement, he or she is deemed to agree with the proposed amendment to the License Terms.
6. Protection of Personal Data
6.1 Detailed information about the processing of personal data and associated rights is available on the Bank’s intranet site, specifically in the document entitled “Information about the Processing of Personal Data”.
7. Governing Law
7.1 The legal relationship between the Bank and the Client shall be governed by Czech law.
7.2 The Client and the Bank shall use their best efforts to resolve any disputes amicably, taking into account legitimate interests of the Client and the Bank. Unless the Client and the Bank agree otherwise, courts of the Czech Republic shall have jurisdiction over any disputes.
7.3 The Czech Trade Inspection Authority (www.coi.cz) or an entity authorized by the Ministry of Industry and Trade and published on its website (www.mpo.cz) shall have jurisdiction over alterative resolution of consumer disputes.
8. License Agreement Termination
8.1 The License Agreement shall be terminated on the day the agreement concluded by and between the Bank and the Client, under which the Bank allows the Client to use the App, is terminated.
8.2 The License Agreement shall expire at the end of the notice period referred to in Section 5.1 of the License Terms.
8.3 A Client – Consumer agrees that he or she may not withdraw from the License Agreement within the period of fourteen (14) days from downloading the App, since the App is supplied/License is granted by the Bank before the period for such Client’s withdrawal from the License Agreement expires, whereas the Client may use the App immediately after it is downloaded.
8.4 The Client shall discontinue the use of the App and remove it from his or her device by the date on which the License Agreement is terminated or expires, the Client shall.
9. Effective Date
9.1 The License Terms come into effect on 1 February 2022.
10. Terms and Definitions
10.1 Any capitalised terms used in the License Terms shall be defined as follows:
- “Update” shall mean, in particular, any updates and upgrades that may include bug fixes, patches, new functionalities, plug-ins, and new versions of the App.
- “App” shall mean any and all apps and Updates thereof that may me developed by the Bank and offered to Clients, to which the Bank exercises ownership rights, including copyright, which currently are, or will be at any time in the future, available to Clients for download on the Internet, particularly through Google Play, TestFlight, App Store, and AppGallery.
- “Bank” shall mean Komerční banka, a.s., with its registered office at Prague 1, Na Příkopě 33/969, Postcode: 114 07, ID No. (IČO): 45317054, registered in the Commercial Register maintained by the Municipal Court in Prague, section B, entry no. 1360. Info Line: 800 521 521, 955 551 505; email: kbplus@kb.cz; website: www.kb.cz.
- “Member of the Bank’s Financial Group” or “KBFG Member” shall mean Komerční pojišťovna, a.s., ID No. (IČO): 63998017; Modrá pyramida stavební spořitelna, a.s., ID No. (IČO): 60192852; KB Penzijní společnost, a.s., ID No. (IČO): 61860018; ESSOX s.r.o., ID No. (IČO): 26764652, Factoring KB, a.s., ID No. (IČO): 25148290, and any other entities, in which the Bank has or acquires any ownership interest in the form of direct or indirect shareholdings.
- “Client – Consumer” shall mean an individual, who does not enter into or perform the Agreement as part of his or her business activities or independent performance of his or her profession.
- “License” shall mean a nonexclusive, royalty-free, fixed-term, and geographically unlimited license for the use of the App.
- “License Terms” shall mean these License Terms that are published on the Bank’s intranet site.
- “License Agreement” shall mean an agreement entered into by and between the Client and the Bank for the duration of the Bank’s ownership rights (incl. copyright) to the App, the subject matter of which is the License to use the App granted to the Client. The License Terms shall form an integral part of the License Agreement.
- “Client” shall mean any person that has downloaded the App or any Update.
- “Third-Party Product” shall mean a product of any party other than the Bank that may form part of the App (e.g. codes, frameworks, libraries, modules, APIs, tools, graphical objects, etc.) that is protected by such party’s intellectual property rights, and the use of which shall be subject to the terms and conditions published here.
[1] Section 1914 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended
[2] In particular Section 1914 et seq. of Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on Consumer protection, as amended
.jpg)
