The conditions of granting non-exclusive license contract according to §65 of Copyright law no. 185/2015 Coll. as amended for using the application Spotee.
Article I. – Definitions
1.1 The application for the purpose of this contract means an electronic platform in the form of a program made for mobile phones with the operating system Android or iOS. The application serves to inform the drivers of motor vehicles about free parking places, which are available or are possible to be reserved. The application provides basic information about the parking places for free and without the obligation to get registered. It allows creating a registered profile with the possibility to use some application functions for free and also a service of providing information about parking places offered by Users named “Share and earn”. The Users can inform about parking places provided for free or places provided for the service fee.
1.2 The operator of the application Spotee is the company Spotee s.r.o., Poniklecova 5870/24, 84107 Bratislava, IČO (company registration number): 52 057 704, registered in Company register of County court Bratislava I, section Sro, small register no.: 134156/B.
1.3 The user of the application is every person, which has installed the application Spotee in order to use the offered functions. The application can be used by a natural person of age minimum 18 years, which is capable of a legal act, and corporations without any restriction provided that they will follow the conditions of this license agreement for using the application Spotee (thereinafter „Conditions“).
1.4 The Advertiser (thereinafter as „Operator“ of a parking place or „Advertiser“ – for the purpose of this agreement are both expressions equal and have the same meaning) is every User, that is using the function allowing the providing of the parking place (thereinafter as a function „Share and earn“). For using this function of the application by the Advertiser, the Provider exercises the right to the payment of 25% of the price that the Operator specified on his parking place as a charge for the parking place providing.
1.5 In case of using the service of advertising of the charged parking place, the credit has the meaning of the amount of money that the Advertiser prepaid at the Operator.
1.6 The refund of the credit is the refund of the money of unused credit of the User after reducing by the handling fee according to the actual price list.
1.7 The Searcher is the User looking for a parking place offered by the Provider in order to use the parking place by the application.
Article II. – Basic provisions
2.1 The Operator of the application gives the User non-exclusive license according to Copyright Act no. 185/2015 Coll. as amended, by agreed Conditions within this agreement.
2.2 Before the application installing it is obligated to read these Conditions and agree with the Conditions by marking a corresponding checkbox. An explicit agreement with personal data processing for marketing purpose is made by the User by checking a separate corresponding checkbox. By sending the confirmation the User declares that he got to know the Conditions well, agrees with the Conditions without reservations and obliges to follow them.
2.3 In case that the User can not further comply with the Conditions, he is obligated to finish the using and browsing the application without delay. The responsibility for a potential violation of the Conditions is not concerned by this. The right to the protection of personal data is not concerned by this.
2.4 The Advertiser and the Searcher negotiate the parking place offer separately and independently on the application Provider. Any demands to the application Provider followed from their mutual agreements are excluded.
2.5 The conditions for the Advertiser willing to use the paid service „Share and earn“, are specified in Article IX. of these Conditions.
Article III. – Copyright
3.1 By using the application, the User does not have any legal claim to any application contents, editing or interference with the integrity of the application. The content and design is the result of the creative intellectual activity of the common work of the authors and is the subject to the protection of rights according to Law no. 185/2015 Coll. (Copyright) as amended.
3.2 Property rights of authors are made by the Provider.
3.3 The Provider can delegate the right to exercise the property rights of the authors to the third person. An approval to using the work or its part can be given only according to these Conditions according to § 65 of the Copyright law.
Article IV. – Rights and duties of the contracting parties
4.1 The right to use the application rises at the moment of finishing the registration and ends at the moment when the User cancels his account or when these Conditions are violated.
4.2 The contractual relationship is closed for an indefinite period.
4.3 The Provider has right to terminate the contract, if the User violates the copyrights of the Provider in a significant way, especially by unauthorized intervention into the structure or programming part of the application, copying and sharing the author content of the Provider.
4.4 The contract termination is valid by the day of the delivery of the announcement on the contact e-mail of the other contracting party.
4.5 The duty of the User of the application is to give only those information for the registration and information about the parking place and the vehicle, that are true and correct.
4.6 The User is obligated to use the application only for a purpose that it was made for.
4.7 The right of the User disappears, if the User violates the copyrights, intervenes the integrity of the application unauthorized or misuses the entry to the programmed part of the application, or else than his account, limits the use of the application for other users, or in another way causes the damage to the Provider.
4.8 The Provider has the right to temporarily limit the access to application using for necessarily needed time (for the purpose of application actualization, mistakes correction, etc.) or in special cases caused by unpredictability, natural disaster, etc. (f.e. temporary drop-out of the server, internet connection, third person service, etc.) without prior Users warning.
4.9 The Provider has the right to temporarily limit the application using for a purpose of the control by legitimate suspicion of the Condition violation.
4.10 By parking, the user is obligated to follow the Law on road transport no. 135/1961as amended, Law on Road Traffic no. 49/2014 Coll., Law on Operation of the Vehicles in Road Traffic no. 106/2018 Coll. and other local regulations, to respect traffic and local markings, and the duties followed from public or private parking places and to follow relevant regulations and laws as amended. The obligation to pay local or parking fees is not concerned by this.
4.11 If the parking place is by Law or local regulations reserved for specific persons, or the way and the Conditions of using of the parking place is given, the Provider can offer this parking place only by using these Conditions, while the Searcher has to follow these Conditions.
4.12 If the parking place is charged, the Searcher of the parking place has to pay all the fees and fulfill all the obligations followed from parking in this place (f.e. to pay the local parking fee and place the receipt on visible place according to relevant instructions).
Article V. – Liability for Damage
5.1 The Application Provider is not responsible for the obligations fulfilling of the User.
5.2 The Provider is not responsible for the damage caused by an unavoidable incident which does not have the origin in the operation or actions of the User. It includes the damage caused to the User:
- due to the unauthorized intervention to the application by the User or unauthorized intervention by another person,
- damage caused due to force majeure.
5.3 The Operator is not responsible for the guarantees or other legal demands between the Advertiser offering the parking place and the User searching for the parking place, especially for the price given for the parking place offer and for the correctness of the information given by the Advertiser about the parking place.
5.4 The Operator is not responsible for the activity or inactivity of the application Users, whose mutual agreements are not the subject of this contract (agreement between the parking place Provider and the Searcher), property damages or the harm to health caused during the using of the application against the law and those on which the Operator does not have impact, for fulfilling the tax or other law duties followed from the legislation in force and mutual agreements between the application Users, or other law as amended, which do not interfere to the rights related to the subject of the contract (application using).
5.5 The User is responsible for the damage made to the Operator by violating or a threat of the intellectual property and by unauthorized service using and also unauthorized interference into the application.
Article VI. – Protection of personal data
6.1 Personal data are processed according to the Law: act no.: 18/2018 Coll. On protection of personal data as amended and in accord with the Order of European Parliament and EU Council 2016/679 (thereinafter „GDPR“). For the purpose of General commercial Conditions of the Provider, according to these Conditions, an aggrieved person is the person whose personal data are proceeding.
6.2 The Provider declares that the personal data of the User are used for the purpose of closing, fulfilling or changing the contract signed up remote between the User and Operator.
6.3 The Operator declares that in relation to processing personal data of aggrieved persons, the decision based exclusively on automatized recourses of personal data processing will not be applied, nor the profiling in terms of the article 22 paragraph 1 a 4 GDPR.
6.4 The Operator is obligated to secure the personal data from access by unauthorized persons. The duty of the Provider is to announce every important violation or leakage of personal data to the Office of personal data protection of the Slovak Republic, the latest in 72 hours of discovering this safety incident.
6.5 In case of suspicion of illegal personal data processing by the Operator, the aggrieved person has right to file a proposal to initiating procedures about personal data protection to the Office of personal data protection of Slovak Republic. (www.dataprotection.gov.sk).
6.6 If by the registration the User agreed with personal data processing for marketing purpose (marking a special checkbox), he voluntarily agreed with sending the e-mails to the contact e-mail address.
6.7 The aggrieved person can take back agreement of personal data processing any time by sending the Cancellation of personal data processing by mail or e-mail.
6.8 The aggrieved person can use his/her right and ask the Operator for free information about his/her personal data proceed by the application Operator, and for correction, deleting or transfer of personal data.
6.9 Personal data proceed for the purpose of this contract by the Operator are:
- name and surname or user name (by registration through Facebook or Gmail),
- a photo of the User (in connection with an existing account through Facebook or Gmail),
- phone number,
- contact e-mail,
- actual information about the motor vehicle used at the time of using the application (brand, model, colour, type, registration number),
- GPS information about the location of the motor vehicle use for a relevant purpose.
6.10 After the logging in the application, the user can an opportunity to use the function „Remember“, which allows saving the sign in information of the User in the mobile phone in the files of Spotee. The information is only for the purpose of simplifying the sign in of the User in the application Spotee so that the information will be written automatically after launching the application. The possibility of changing (or updating) this information is not content by this.
6.11 Detailed rights of the aggrieved person, as a purpose and way of personal data processing, are possible to be seen in specific instruction on the website of the Operator – www.spotee.io.
Article VII. – Creating the customer account and basic information about the customer account
7.1 After application installation into the mobile phone, it is possible to launch the application with its basic functions even without sign in as an „Unregistered user“, while without sign in only limited functions are available.
7.2 Sign in in the application is possible only in the case that the User has created a personal logging profile (account). Before the first use, it is necessary to create the account by filling the registration information, to read the Conditions and to read the information about personal data processing. By its marking and by sending the form by clicking on the button “SIGN IN”, the User claims, that he has read the Conditions and information about personal data processing and agrees with all of them. Completing the registration without an agreement with the Conditions and information about personal data processing is not possible. Agreement with the personal data processing for marketing purpose is voluntary, can be taken back at any time and is not a condition for using the application and service of the Operator.
7.3 The application is available to the User for an indefinite period, or till the end of the contract.
7.4 The overview of the specific services, the influence on the functions providing according to the type of an account as well as the fee for the charged service using is showed in the following table. The details about every service are mentioned in the following articles of these Conditions.
7.5 For the right functionality of the application and using its services, it is necessary for the User to turn on the GPS location in his smartphone, as well as allowing and working data connection (mobile data turned on).
Article VIII. – The basic application functions
8.1 The basic functions are available to the User for free. Those are the functions “Search for parking” and “Save positions”.
8.2 The function „Search for parking“ allows the searching of the parking place close to the User.
8.3 The function „Save position“ allows to save actual GPS location. Also, it is possible to save the additional information about the parking place (such as the floor, zone, where he parked the car in the garage, etc.). This function offers also a possibility to set the timer.
8.4 The User searching for the parking place can see his actual location on the map in the application, with places to park in his close surrounding, while the application shows by different colours, which places are defined as places for free stand, which are charged by residency (the driver has to own a residency card for specific place) or charged according to local regulations (paid parking place according to hourly rate through the parking machine).
8.5 Complete information identifying the parking place and the Provider that offers the parking place is available in the application before marking the binding reservation of the parking place. This information is:
- price of the offered parking place,
- time, since when the parking place is free,
- how long the Provider is willing to wait for the Searcher,
- type of the parking place (free stand, residency, paid),
- information about the Provider,
- information about the parked car (brand, model, colour, type, registration no.),
- information about for what kind of a vehicle the parking place is suitable: motorbike, small car, medium car, combi, MPV, minibus,
- other additional information (optional).
8.6 If the Searcher does not see and available parking place in his surrounding, he can use the function of the application, which allows creating a demand (request on a parking place). The users, which offer the parking place (the service of the application available for a payment – Article IX. of these Conditions), can see these demands in their application.
8.7 The reservation of the parking place is made by the User by clicking on the button “SEND”, by that he sends the reservation request.
8.8 After the reservation confirmation by the Searcher, the Provider has the time of 60 seconds to accept this reservation. If the Provider confirms (accepts) the witing reservation request, the GPS locations of the Searcher and the Provider will be paired, and both of them will be able to see both locations, the track to the meeting point and expecting a time of the meeting.
8.9 The cancellation of the confirmed reservation is able at any time since the Searcher and Provider sees the GPS locations of both sides in the application. If the Searcher cancels the reservation, the Provider has the right to give the Searcher a negative rating for the reservation cancellation.
8.10 After the Searcher comes to the parking place of the Provider, the Provider has to immediately free the parking place, so that the Searcher can park there. The Provider and the Searcher are obligated to deal with their responsibilities, especially the price for the providing, that was given in advance by the parking place Provider. The responsibilities and duties to the other persons (such as the payment to the parking company) are not content by this.
8.11 When the Provider leaves the parking place in order to free the place to the Searcher, the Provider will confirm the submission of the parking place in his application by clicking on the button „COMPLETED“.
8.12 When the Searcher parks at the place released by the Provider, the Searcher will confirm that he has parked on the present parking place in his application by clicking on the button „PARKED“.
8.13 At the moment, when the Searcher confirms the parking, the connection between the Provider and the Searcher is disabled and they will not be informed about their locations anymore. The application will ask the Searcher to rate his satisfaction (feedback) by 1 – 5 stars.
Article IX. – Application functions available for a fee (function „Share and earn“)
9.1 The application allows the User to use a service named „Share and earn“. The service allows offering a parking place of the Provider to another User. If the Provider demands payment for providing a parking place to another User, he has to pay a fee for this service to the Operator of the application.
9.2 The amount of the fee depends on the price that the Provider demands providing a parking place and which he wrote in the application. The price of the fee is counted as 25% of the relevant price.
9.3 The Provider can offer his parking place in the application without writing the price for providing (as a free parking place). It is possible to offer the charged parking place only after buying a Credit.
9.4 The Provider can ask for a charge maximum quadruple of the remaining Credit on his account.
9.5 The Searcher interested in this parking place confirms that by reservation.
9.6 If the parking place does not satisfy the information written by the Provider (see 8.5 of these Conditions), the Searcher has the right to complain about that to the Operator of the application by sending an e-mail and to give the Provider a negative rating on „Feedback“.
9.7 The function „Share and earn“ allows the User to add one or more owned vehicles. By parking and adding the parking place into the application, the application will give him a choice of the saved vehicles.
9.8 If the Provider uses only a part the function of the application or does not use it at all, he does not have the right of the remaining Credit refund, if the Operator and the Provider will not agree otherwise.
Article X. – Payment Conditions
10.1 These payment Conditions are related only to this contract between the Operator and the Provider.
10.2 The Operator sends the Provider an invoice according to the Credit order of agreed amount.
10.3 The Operator gives the Advertiser a relevant amount of Credit after the payment credited to the Operatorꞌs bank account. The credit is valid for the next 12 months since the date of getting the Credit. In case of not using the Credit in 12 months, the Credit is not available anymore.
Article XI. – The end of the contract relationship
11.1 The contract relationship is made for an indefinite period of time and ends by its cancellation.
11.2 The Operator has the right to contract cancellation in case of the User violating the contract Conditions. After violating the Conditions the Advertiser does not have the right to a refund of the Credit at the moment when the violation has been done.
11.3 After the uninstalling the application, the User can ask for complete abolition of his account and for a deleting his personal data according to the GDPR order.
Article XII. – Special provision for the drivers
12.1 The application user, who is also a driver, cannot be using the application against the Law on Road traffic no. 49/2014 Coll., Law on Operation of the Vehicles in Road Traffic no. 106/2018 Coll. as amended.
12.2 By parking the vehicle, the driver has to follow valid provisions of the Act on Road Transport no. 135/1961, Law on Road traffic no. 49/2014 Coll. as amended, local marking and regulations.
Article XIII. – Final provisions
13.1 For solving international relations according to the Stature of European Parliament and Council (ES) no. 593/2008 of 17th of June 2008 on governing law for contract commitments (Rome I), the contract parties are dealing with the Slovak governing law.
13.2 Otherwise not mentioned in these Conditions are following provisions, especially Law: act no. 40/1964 Coll., Law: act no. 513/1991Coll., Law: act no. 108/2000 Coll., Law: act no. 22/2004 Coll., Law: act no. 250/2007 Coll., Law: act no. 102/2014 Coll., Law: act no. 391/2015, Law: act no. 18/2018 Coll. and their novelizations, and in accord with the Order of European Parliament and Council (EU) 2016/679.
13.3 In case some of these regulations are considered to be invalid, not claimable or incomplete, this fact will have no impact on the rest of the contract agreements.
13.4 These Conditions including their inseparable parts come into being on February the 1st 2019.
Inšpektorát Slovenskej obchodnej inšpekcie v Bratislave Prievozská 32 P.O. Box 5 820 07 Bratislava 27 Department of control tel. no.: 02/ 58272 172; 02/58272 104 fax no.: 02/ 58272 170
Spotee s.r.o. Poniklecova 5870/24 84107 Bratislava IČO (company registration number): 52 057 704 firstname.lastname@example.org