Agreement on the use of the AyMINE application – Terms and Conditions
- 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.
Account means an application account authorising its holder to create his/her own user accounts
Personal Data means any data that is associated with information enabling a specific person to be identified and the data to be associated with him/her.
Personal Data of a sensitive nature means any personal data that may cause the person to whom it relates to be persecuted or accused, that may offend his/her honour or dignity. Personal data of a sensitive nature includes all personal special categories according to the GDPR.
Non-Client System User is a user who has set up an account separately in an application on a mobile device, or via the website of www.aymine.com.
Client System User is a user whose account has been set up by an employer, association, association or other client. These Terms and Conditions do not apply to users with a client.
Who is authorized to use the application
A person older than 14 years of age may become a user. If the legislation of your country sets a higher age limit for free use of services on the Internet, you are obliged to comply with this limit.
By approving the Terms and Conditions, you agree to these Terms and Conditions.
AyMINE is provided by the operator of the application company PDQM, s.r.o., based in Prague, Ve Střešovičkách 169/37, Prague 6, ID 278 70 588. (Further Provider)
The other party to the contractual relationship is you personally. (Further User), based on the establishment of an account without a client.
Exclusion of Mediators
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 (further: 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 you place in the application are your property and it is your sole responsibility to process them in accordance with the legislation of your country.
The Provider accesses your information for the purpose of providing services to the system. The Provider is not authorised by the contract to process other than what is required to provide the services.
Provider – responsibilities and powers
Obligations of the Provider
- To exercise due diligence in the management of users' data so as to avoid their loss, protection and identity being compromised.
- To provide access to information and services via the Internet.
- To deal with all user queries where the legal obligation of the Service Provider is to process them in the capacity of the controller of your data.
- Not to provide data from the application to third parties except for those which the User itself publishes or makes available to a third party or where the Provider is obliged by applicable legislation.
- To comply with the rules and principles of personal data processing (GDPR)
- Keep mandatory records of personal data processing in accordance with applicable legislation
Exclusion of liability
The provider is not liable for any direct, indirect, mediated, foreseeable or unforeseeable consequences that the use of the application may cause to the user himself or through him or her to anyone in his or her vicinity.
The provider will make reasonable efforts to protect all information and ascertain the availability of the services provided. The user accepts by this contract that the application provider is not liable 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 application (especially by email) and any consequences resulting from non-delivery
- For the legality of the data managed by users in the application
Explicitly: The application under this agreement is not intended to manage information that belongs to the category of classified or personal information of a sensitive nature, information that may endanger the freedom, security or life of people.
The Provider's powers and contractual right
- Send users information related to the application, the duration of the provision of services, or other information relevant to the user, including the notification of the application services. The Provider is entitled to send important information to the User's email address as well.
- Temporarily suspend the provision of the application services, especially for maintenance, at any time and on any day
- If the Provider learns that the application is being used by any user in violation of this agreement, the Provider is entitled to immediately cancel the User's account, without any possibility of return.
- Display third-party offers to users who use the application free of charge; the Provider has the right to use information about the language settings and place of use of the application. The Provider is not entitled to provide any data, whether personal or by you in a system managed by you, to a third party.
- Provide additional services in return for payment
- Change the scope of the services provided, including the right to limit or cancel certain services altogether
- In case of user complaints or other incentive, check the User's compliance with the Terms of Service, even without knowledge and prior notice.
User – responsibilities and powers
The User undertakes
- Protect his/her access data to the Application from misuse
- Use the Application in accordance with the legislation of his/her country
- Use only one free account per natural person.
- Keep in the Application any information the possession and sharing of which is criminal
- Use the System in a way that threatens the behavior of the System or its security
- In case of disagreement with the Terms of Service, do not use the Application, or terminate its use immediately
The User is prohibited
- Use the App for any activity contrary to good manners that may offend, defame, morally or socially discredit other persons.
- In communication with other users, insult, 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, attempt to disrupt the operation of the App or the security of the information and data stored.
- Try to disrupt the smooth operation of the App by entering data that would interfere with the App, accessing non-public system interfaces, attacking or attempting to disrupt the security systems of the App.
- Use the App as the sole repository of information that is necessary for the safety and life of your own or anyone else's
- Keep information in the application without further adequate protection, the disclosure, damage, loss or unavailability of which may directly or indirectly endanger the life, health, liberty, social status or property of the user or any third party.
Transitional and final provisions
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.
Automatic termination of service provision
The contract is automatically terminated after 6 months when the user has not used the service. The provider deletes all records and files created or kept 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 provider is entitled, but not obliged, to give prior notice of the account termination.
Deletion of data after the user's termination
The User 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 Provider 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 no later than 30 days after the cancellation of the account.
Deletion of stored data to an active user
Stored data is managed by the operator for as long as the user has an active account in accordance with their standard life cycle. Some data is kept only for a limited period of time in accordance with these rules:
- System logs allowing to monitor the system's behaviour are kept for 3 months
- Work logs of users 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 the user's account has been deleted
The above times are minimal, records can be kept in the system for longer. Records are kept longer for customers who have a service contract guaranteeing evidence of user's behaviour for audit purposes etc.
Changes and Availability of Terms and Conditions
The Provider is entitled to change the Terms and Conditions.
The Provider is obliged to inform about the change in the Terms and Conditions 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 date of delivery to the clipboard within the application.
The Provider undertakes to keep all texts of this contract with the term of their validity for a minimum period of 5 years from the date of its expiry.
All establishment of the contract and other relations with you are governed by the laws in force in the Czech Republic. You agree that any disputes fall under the jurisdiction of the Czech Republic.
If you have any questions, please contact us via the contact form at www.aymine.com, or via the contact form and application (if you have an account).