The lease agreement on the use of the AyMINE application and the license terms

Basic Terms

• Product – the AyMINE system and all its components, regardless of whether they are operated on the technical equipment in the administration of the provider or the Tenant.
• Product Owner – The sole owner of the product is PDQM, s.r.o., IČ 278 70 588, based in Ve Střešovičky 16900 Praha 6.
• Tenant – A company or natural person using the AyMINE product in the form of a lease of its license. The lease also means the use of the application on the basis of a license provided free of charge. The license is provided to the Tenant by the provider. The lease is governed by the provisions of the Act No.89/2012 Coll. Civil Code Act, Section 3.
• User_ – is always a natural person who has been granted the rights to use the system by the system owner, the landlord or the Tenant.
• Tenant_ – The entity that provided the lease to the Tenant. The lessee may be the owner of the product, PDQM, or a third party (contractor) that provides the AyMINE product on the basis of a valid contractual relationship with the owner of the product. The lessee – if not the owner – is only entitled to provide the AyMINE product on the basis of a valid written contract with the owner. (Furthermore, all rights and obligations of the lessee apply even if the lessee is the Owner.)
• Owner of the Product – The aforementioned owner, PDQM,
• Owner of the module – The supplier of a particular module of the system. It may be the owner of the product or another supplier that has developed a product integrated into the AyMINE system environment. The owner of the module is in a contractual relationship with the Owner of the product. The lease is valid for all components of the product and the liability towards the owners of the individual components lies with the lessee.
• Licence Terms_ – the contractual terms and conditions set forth in this document.
• Product Site – Website on the aymine.com domain.

Subject of the lease and price

Lease Subject

The Lease Subject is the product AyMINE, which is leased by the Tenant for an indefinite period until the termination of this contract by one party. The contract further specifies the terms and conditions of use of the Lease, the scope of the rights and obligations of both parties.

AyMINE is a product that is wholly the intellectual property of the owner. The name AyMINE denotes the product and is a registered trademark. The name AyMINE may be used exclusively to denote the product of the aforementioned owner.

Product – Lease Subject means

• The AyMINE application available via the Internet address www.aymine.com, space.aymine.cz, space.aymine.de, space.aymine.fr, space.aymine.pl, space.aymine.it,

• The AyMINE application available as a mobile device application on servers dedicated to the distribution of applications.

• The mobile application AyMINE available via the Google Play platform.

• Client account means an app account entitling its holder to create its own user accounts

• Personal data means any data that is associated with information allowing to identify a specific person and to associate the data with that person.

• Personal data of a sensitive nature means any personal data that

• May cause the person to whom it relates to be persecuted or accused,

• May offend his honor or dignity.

• They are defined as sensitive by your country's legislation (personal special categories under GDPR).

The owner of the product does not grant any intellectual property rights to AyMINE that are not expressly stated in these terms. For example, the terms do not grant the right to use any copyright, trademark or other unique brand features of PDQM and AyMINE.

Price for rent

The price for rent from the Owner of the product is governed by the public price list. The price list provided on the Product Site is binding on the Owner of the Product who provides the Product to the Tenants at these prices. It does not apply to prices between the Owner of the Product and the Tenants, or to prices provided by a Tenant other than the Owner of the Product.

The Tenant is entitled to provide the Product at prices that he or she determines. The Owner of the Product does not issue any restriction by which the Tenants determine the prices at which they provide the Product to the Tenants. It is the responsibility of the Tenant to determine the price for the Tenant. The Tenant, even if he or she is not the Owner of the Product, has the right to provide the Product at the prices provided on the Product Site.

Who is authorized to use the application

A person older than 14 years of age may become a user. If your country's legislation sets a higher age limit for free use of Internet services, you are obliged to comply with this limit.

By approving the Terms, you agree to these Terms. You agree by confirming the Terms when ordering the account by first logging into the system. You may be asked to confirm this later at any time while using the application.

Contractual relations

The product is provided by the application operator PDQM, s.r.o. based in Prague, Ve Střešovičky 169/37, Prague 6, ID 278 70 588. (Further Provider)
The other party to the contractual relationship is you personally. (Further User).

Licence terms

A license for the AyMINE product means an authorization to use the product for the Renter's own use to the extent given by the number of leased user licenses for the period for which they were leased. The Provider shall not be liable for defects or damage caused by the use of the product in violation of the documentation provided in the written form on the website www.aymine.com.

The license covers all work that the AyMINE product and its documentation consist of. It covers at a minimum: all program code, regardless of who owns the operating environment in which the code is running, documentation, informational videos or training materials. The license may also include the authorization to provide access to modules developed by third parties. If third party modules are part of the operating environment of the product, the owner of the product is the executor of the ownership rights of the authors and providers of these modules vis-à-vis the Leaseholders.

The Leaseholder obtains a lease and a non-exclusive license through this contract. The Leaseholder is not obliged to use it. The license may be used anywhere in the world for the duration of its validity.

The lessee is not entitled to alter, decompile, or in any way analyse its components, data or data transfers, or to take any steps to obtain the source code for the application, either directly or by providing it to any third party.

Right to cede the license

The lessee is not entitled to cede the license or any authorization forming part of the license to a third party without the prior written consent of the Provider.

With the death of the lessee – a natural person or the demise of the lessee – a legal person, the respective rights and obligations pass to its legal successor.

The lessee must have a separate contract authorizing the licensing of the product to continue.

Linking the product to other products

If the lessee connects the product to any other product, it is obliged to do so solely on the basis of the lessor's consent
. The Tenant or the owner is entitled to refuse any product interconnection with other products if such interconnection would compromise the reliability, functionality or safety of the product, could potentially compromise the data of other tenants of the product, or if such interconnection could lead to the circumvention of the legitimate rights of the owner or a violation of the terms of this contract.

By consent of the Tenant or the owner, no guarantee, guarantee or similar form of confirmation is issued that the interconnection will function as expected by the Tenant. The Tenant is fully responsible for the consequences of the interconnection.

The Tenant has the right to withdraw its consent to the interconnection at any time if it appears in operation that the interconnection interferes with the smooth operation of the product, endangers its safety or availability. It is entitled to immediately disconnect the interconnection that interferes with the operation of the product or actively defend its connection, even without the consent of the Tenant who created such interconnection.

Scope of the contract

The contract is valid for users who set up their account separately and individually. An organisation, association or any other association that wants to manage accounts separately must have its own contract. This contract cannot be invoked in such a case.

Place and subject of performance

The application is a service provided by remote access (hereinafter: via the Internet network). The subject of the information service is the provision of information management and the provision of remote access.

Ownership of information

All information and files that the Tenant places in the application are the property of the Tenant and it is his responsibility to process them in accordance with the legislation of his country.

Tenant – responsibilities and powers

Tenant

The Tenant may be a natural or legal person after entering into a contract with the Provider. When entering into a Tenant's contract with the Tenant, the full identification of the Tenant, including the Tenant's number assigned by the owner (the lessor's license), is a mandatory part of the contract. Without this information, the lease is not valid – the Tenant does not have a valid license agreement for the use of the product. The Tenant is entitled to have the Tenant's entitlement to enter into a lease and provide the product verified free of charge at any time.

Obligations of the Tenant

The Tenant is obliged

• To exercise due care in the management of the leased product
• To exercise due care in the environment and storage of the data of the User's Tenants so as to avoid their loss, protection and identity being compromised.
• To provide access to the information and services via the Internet.
• To address all user queries in case the service provider's legal obligation is to process them in the capacity of the controller of your data.
• Do not provide data from the application to third parties, except for those which the user himself publishes or makes available to third parties, or if the provider is obliged under applicable legislation.
• Provide information on how to use the features and tools of the application. The information is provided in the form of documentation and instructional videos on the application portal, or users may be given access to information that is not freely available.
• Comply with the rules and privacy policy (GDPR)

System Availability Guarantee

The Tenant administers the system in such a way as to ensure its availability 99% at a time between 6-22h. Availability means availability at an access point to the public Internet.

Availability is calculated within a period of 1 calendar year.

For a period of 22-6h, availability is not guaranteed, but the owner of the product guarantees that even during this period he strives for maximum availability, unless prevented by the need for technical management and maintenance.

In case the availability is not respected, the Tenant is entitled to a discount of twice the amount corresponding proportionally to the price for the period of unavailability of the system above the specified limit, up to 100% of the price for the period.

The availability guarantee does not apply to the following cases:

• No reasons of unavailability that are not within the control and care of the owner of the product. Specifically, it does not apply to unavailability due to problems in the Internet, whether due to a fault or a targeted attack on the infrastructure or problems on the part of the Tenant.
• Nor does it apply to the case of temporary disconnection of the application in case of an acute threat of a cyber attack that prevents the functioning of the application or directly threatens its security
• For the period of limitation of the availability of the product between 22-6 or on non-working days at 0-24 due to necessary, pre-announced maintenance.
• For cases where the availability of the product is limited to the Tenant due to non-compliance on his part.
• For cases caused by force majeure whose influence is beyond the influence of the lessee. The case of force majeure includes regulations and decisions of state authorities against which the lessee has no possibility to defend himself.

Guarantee of availability of support

Part of the provision of the contract, the support ensures the elimination of application and support problems to the extent according to the price list of services. The use of consultations, system support, remote administration or other services is bound to a separately concluded support contract. In the absence of a separate contract, the prices of support follow the price list according to the price list of services.

Exclusion of liability

The lessee assumes no responsibility for the direct, indirect, mediated, foreseeable and unforeseeable consequences that the use of the application may cause to the user himself or through him to anyone in his vicinity.

The lessee makes reasonable efforts to protect all information and ascertain the availability of the services provided. By this contract, the user accepts that the application provider is not responsible for:

• Loss, damage, misuse or disclosure of data
• Temporary or prolonged unavailability of data for any reason
• Non-delivery of notifications or messages outside the App (especially by email) and any consequences arising from non-delivery
• For the legality of data managed by users in the App

Explicitly: The App under this Agreement is not intended to manage information that falls under the category of classified information or personal information of a sensitive nature, information that may endanger the freedom, security or life of people.

To the extent permitted by applicable law, the Product Owner or the Leaseholder shall not be liable in any way for any impossibility of using AyMINE or any restrictions on use, or for any consequences arising from the use of AyMINE business, personal life, reputation, goodwill or any other rated quantity.

All liability of the Product Owner and the Leaseholder related to this Agreement is limited to a maximum of CZK 50,000 / 2000 €.

Competences of the Leaseholder

• Send users information related to the application, the duration of service provision, or other information relevant to the user including notifications about the application services. The provider is entitled to send important information to the user's email address.
• Temporarily suspend the provision of application services especially for maintenance at any time and on any day.
• If the Provider learns that the App is used by any User in violation of this Agreement, it is entitled to immediately cancel the User's Account without any possibility of return.
• Show third-party offers to users who use the app for free
• Provide additional services for a fee
• Change the scope of services provided, including the right to limit or cancel certain services altogether
• In case of complaints from users or on other initiative, check the user's compliance with the contractual terms and conditions, even without their knowledge and prior notice.
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Tenant's powers to change the price

The tenant has the right to change the price of the product.

After the price update, the new prices are valid from the 1st day of the month following the date of publication of the price change. If the Tenant has a longer period of use of the application, the price change does not apply to the pre-paid period.

Publication of the price means its inclusion on the product website at least 30 days before the beginning of the quarter from which it is valid for existing Tenants. For new Tenants, the prices stated in the price list on the day of conclusion of the contract are always valid.

Rights Tenant

The Renter invoices the rent and related services according to the price list valid during the period of providing the service.

The lessee is entitled to use a subcontractor to fulfil the obligations and ensure the functioning of the product.

The lessee is entitled to check that the product is not used in violation of the license terms. If he finds out that the Leaseholder does not meet the terms of the contract, he will ask him to remedy it. It is entitled to monitor basic data on the use of the system by the tenant and users for the purpose of calculating the price and checking compliance with the terms of this contract.

If the Tenant violates the conditions of the business conditions or is in arrears with payment for rent, the Tenant is entitled to suspend the provision of the product at any time until the defect is remedied on the part of the Tenant. Suspension of the provision of the service due to non-fulfilment of the business conditions or payment does not violate the availability of the service and it is not possible to demand a discount for services or a forgiveness of the rent for the period of suspension of availability.

If the Tenant fails to remedy the situation, the Tenant is entitled to terminate the contract with immediate effect. The termination of the contract does not relieve the Tenant of liability for damages caused by the breach of the contract conditions and does not relieve the Tenant of the right to claim compensation for damages.

The parties agree that Section 2209 CC is not applied within the lease relationship. Both the Tenant and the Owner are entitled to

• Change the product provided and expand its capabilities and possibilities.
• Change the product if required by the legislation or necessary to ensure its safety.
• Change the product provided to the Tenant depending on its requirements for modifications and changes.

If the change of the product caused some functionality to malfunction or made it fundamentally impossible for the Tenant to use the product for the purpose in accordance with the product's mission and in accordance with the Terms and Conditions, the Tenant is obliged to provide remedies. The Tenant is obliged to report the malfunction to the administrators via the product. If this is not possible for technical reasons, the Tenant may use an email.

Tenant – responsibilities and powers

Obligations of the Tenant

In the leased product, the right of access to users (except for the first access) is administered by the Tenant, who is fully responsible for the security of his/her data relative to the users to whom he/she grants access.

The Tenant is responsible for complying with legislative obligations with regard to the users to whom he/she allows access to the system as well as the published content.

The Tenant is also obliged to:

• Protect his/her access data to the application from misuse
• Use the application in accordance with the legislation of its country
• Comply with the contractual conditions of use of the application
• Use only one free account per one natural person.
• Keep in the application any information whose possession and sharing is criminal
• Use the system in a way that threatens the system's behaviour or security
• Pay all invoices for rent and related services within their term of validity.
• In case of disagreement with the contractual conditions, do not use the application, or terminate its use immediately
• If the Tenant or the user is given access to instructional information (e.g. in the form of a non-public link) and this information is not publicly available, the user is obliged to keep such access secret. Unless expressly prohibited, he has the right to distribute it to other users, but may not publish it in such a way that it can be accessed by people or algorithms outside the user's organisation. In case he needs to make it available to third parties (e.g. his suppliers), he can do so only with written consent.

Tenant is prohibited

• Use the App for any activity contrary to good manners, which may offend, defame, morally or socially discredit other persons.
• In communication with other users, offend, humiliate or in any way interfere with good manners in communication.
• Make any modifications to the App, access the application interface in a way other than through the App and its components, try to disrupt the operation of the App or the security of the stored information and data.
• Try to disrupt the smooth operation of the App by inserting data that would disrupt the App, accessing non-public system interfaces, attacking or trying to disrupt the security systems of the App.
• Use the App as the sole repository of information that is needed for the safety and life of your own or anyone else's
• Keep in the application without further adequate protection information whose disclosure, damage, loss or unavailability may directly or indirectly endanger the life, health, freedom, social status or property of the user or any third party.
• Sublease the product or a part of it without the express written consent of the provider.

Processing of personal data

Neither the tenant nor the owner of the product has any access to the data of the tenant and is therefore not a processor of this data. The owner provides tools (data space + algorithms) for data processing carried out by the tenant or by administrators authorized by him. Therefore, the owner of the product or the tenant of the product, without further services, are not controllers or processors of personal data that the tenant of the product manages within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the Regulation). For the purposes of the further text of this section, the Administrator means the lessee of the AyMINE product licenses who manages the personal data in the product.

The lessee undertakes to:

• Provide the Administrator with the information necessary to prove that the processing carried out by him meets the requirements of the Regulation, i.e. in particular to demonstrate the implementation of appropriate technical and organizational measures. Technical and organizational measures must be set up in such a way that the Processor fulfils all obligations arising from the Regulation, related legal regulations and standards. Technical and organizational measures should ensure at least the integrity of personal data, confidentiality, transparency, isolation of the processing of the Personal Data of the Administrator from the data of other administrators and accountability.
• Immediately inform the administrator of personal data about contacting the Office for Personal Data Protection and provide the necessary cooperation necessary for the resolution of all requirements of this Office
• Provide the necessary cooperation in fulfilling any requirements of data subjects that arise from the Regulation and their resolution requires the cooperation of the product owner.

Processing contract for extended product support

The Tenant may become a processor if he provides the Tenant with extended support, e.g. in the form of user administration, setup support, preparation of required data outputs or other type. In the case of extended support, he becomes a processor and is subject to the rules of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.4.2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter the Regulation). In this case, the terms of service include the obligation to comply with the following provisions (processing contract):

• The Tenant of the product as a processor of personal data processes data solely at the request of the provider and to the extent specified
• The controller and the processor shall take the necessary measures to ensure the confidentiality, integrity and availability of personal data of the controller during their processing by the processor. The measures must be proportionate to the risk arising from potential breach of their security. In particular, they are obliged to take measures against unauthorized access to personal data, their alteration, destruction or loss, theft or other unauthorized processing.
• The processor undertakes to assist the controller in ensuring compliance with the obligations under Art. 32 to 36 of the Regulation
• The processor undertakes to immediately inform the personal data controller about being contacted by the Office for Personal Data Protection and to provide the necessary cooperation necessary for the resolution of all requirements of this Office
• The processor undertakes to provide the necessary cooperation in fulfilling any requirements of data subjects that arise from the Regulation and their resolution requires the cooperation of the processor or even the processor in the role of the Product Owner.
• The processor is obliged to allow inspections and audits as well as other analogous acts that are necessary for fulfilling the role of the Controller according to the Regulation.
• The processor undertakes that in fulfilling the obligation of the Processor, personal data from the Controller's records will not get outside the product premises unless the Controller explicitly requests it. If it so requests, the processor will take the necessary measures to keep the data in such a secure manner that it will not be damaged, destroyed or exposed to the risk of misuse.

Transitional and final provisions

If any part of the business terms and conditions proves to be inapplicable in a specific relationship or contrary to the legislation currently in force, it is not applied, but does not affect the validity of the other parts of the business terms and conditions.

Termination and termination of the contractual relationship

Both parties to the contractual relationship have the right to terminate the contractual relationship at any time without giving a reason.

The lessee has the right to request the export of the stored data in a format that allows their further data processing. Data export is a paid service; the Provider appreciates the complexity in advance and after accepting the price, provides the data no later than 30 days after the approval of the price of the request, but not before the Tenant pays the price of the service against an advance invoice.

Automatic termination of service provision

The contract is automatically terminated after 6 months when the User has not used the service. The Tenant deletes all records and files created or retained by the User in the application between 6 and 12 months after the last use of the service. Until the data is deleted, the User has the right to start using AyMINE again.

The Tenant is entitled, but not obliged, to give prior notice of the account termination.

In case the Tenant is in default of the payment of the costs of the services according to the price list, the Tenant or the owner of the application is entitled to block access to the application until the full payment of the service including the payment of default interest and related taxes.

Deletion of data after the User's termination

The Leaseholder can cancel this contract immediately by ordering to terminate the contract in the user's settings of the application and subsequent confirmation of the link sent by email.

The Leaseholder of the application is obliged to immediately invalidate the account and prevent access to the data. The Provider is obliged to delete all data and stored files within 30 days of the cancellation of the account at the latest. The Provider does not create and store a backup.

Deletion of stored data to the active user

The operator manages the stored data for the whole time that the user has an active account in accordance with their standard life cycle. Some data are kept only for a limited period in accordance with these rules:

• System logs allowing to monitor the system's behaviour are kept for 3 months
• User's work records are (application logs) kept for 1 year
• Internal messages between users are kept for 1 year
• Records marked as deleted are kept for 3 months
• Records associated with a specific user are kept for 3 months after cancellation of his/her user account

The above times are minimal, records can be kept in the system for longer. Records are kept for longer for customers who have a service contract guaranteeing evidence of user actions for audit purposes etc.

Changes and availability of business terms

The owner of the product is entitled to change the business terms.

The lessee is obliged to inform about the change in the contract terms at least 30 days before the change comes into effect. The provider fulfils this obligation by informing in the form of a message within the application. The message is considered to have been delivered by the delivery date to the box within the application.

The lessee of the service undertakes to keep all texts of this contract with the term of their validity for a minimum period of 5 years from the time it expired.

In the event that the Tenant does not agree with the change of the license terms, the Tenant shall inform the Product Tenant. The Tenant shall terminate the use of the Product within three months or the terms and conditions in force in their original form shall be maintained until the end of the prepaid period. If the Tenant had prepaid services for a period after the change of the contract terms, the proportional share of the prepaid amount shall be returned to the Tenant after he informs the Owner that he has stopped using the system due to the change of the contract terms.

Legal order

All provisions of the contract and other relations with you shall be governed by the laws in force in the Tenant's home state. If the home state is not specified in the Tenant's contract, the laws of the Czech Republic shall apply.

The Tenant and the Tenant agree that all commercial and other disputes, if they apply to the Product Owner, may be settled exclusively within the legal order of the Czech Republic.

The legally valid version is the version in Czech. In case of doubt about the meaning or different meaning of some provisions in another language, the Czech version is valid.

These business terms and conditions shall apply from 15 May 2025

PDQM, s.r.o.
Reg.no.: CZ 278 70 588
Registered office: Prague 6, Ve Střešovičkách 169/37