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General Terms of Use of the ZEERAT Service

General Terms of Use of the ZEERAT Service

“provider”,          

Inbehave Ltd., nám. V. Hálka 17, 250 70 Odolena Voda,  VAT: CZ02692945 , Represented by Mr. Michael Repetný, hereinafter as “Provider” 

“user” 

any legal or   natural person who is registered (i.e. creates an account on www.zeerat.cz and www.zeerat.com),  hereinafter as “User”

 

Definitions

  1. “User” means a natural or legal person who opened an account on the website www.zeerat.cz or www.zeerat.com and/or uses the services of web analytics Zeerat.
  2. “Zeerat Application” means the software provided via the internet, which also (among others) handles records, mouse movements, scrolling page, and other related activities of website visitors. Furthermore, it records the user IP address, screen resolution, country, city, type of web browser, operating system, referring page, specified keywords or UTM parameters in web addresses.
  3. “Zeerat User Account” means the username and password that the user selects when registering into the Zeerat application with which they subsequently log in.
  4. “Service” means measurements taken by the Provider on the website by entering the User and their subsequent evaluation – measurement of visitors, pages, visualization through video recording and creation of a heatmap. The service is available on the website of the Provider www.zeerat.cz or www.zeerat.com.
  5. “Payment” means a payment for using the application Zeerat according to the valid price list. Payment is made by payment card or PayPal.

 

The Provided Service

  1. On the request of the User the Provider performs measurements on the website specified by the user and subsequently processes these measurements. The measurement results are available to the User via the internet after entering their username and password.
  2. The service also includes analysis of machine data obtained this way including visualization in the form of video recordings of visits and visitor behavior on the measurement site. Furthermore, the service includes an analysis of data received when filling out forms that allows you to track Visitor’s behavior during the process of filling out a form on a Web page.
  3. The service may use the pop-up questionnaires and/or elements of Adwords and Google Analytics to improve marketing targeting.
  4. Service is fully available to the User free of charge for 14 days from the start of use of the service (start of recording videos or first creation of heatmaps). After this time, the free provision of services is limited to certain functions (measurement of Visitors and pages visited). After the free trial period the upload of videos and creation of  heatmaps is available only to the Users with a paid plan.

 

Price and Payment

  1. The Service price is determined according to the valid price list available at https://www.zeerat.com/cs/pricing
  2. The User acknowledges that the payment for the use of application Zeerat can be made by payment card or PayPal.
  3. The Provider will automatically issue the invoice electronically and immediately after the payment and will send it to the user’s email address.
  4. The price for the service is set for a period of 30 days based on an estimated traffic measurement/measured websites. After this 30-day cycle the Provider performs settlement based on the actual number of monthly visits to the measured websites according to the valid price list.

 

The Rights and Obligations of the User

  1. Each User is assigned a username and a password that must not be used by third parties without a consent of the User. The User is responsible for the security of their username and password.
  2. The User is aware of the technical requirements needed to use the application Zeerat, especially with the requirement to insert a tracking code on the measured site.
  3. To use the application Zeerat the Provider requires the User’s data necessary for the operation of the service and to communicate with User. The User grants consent to the processing of personal data for the purpose of ensuring the operation of the services ordered.
  4. The User declares that during the 14-day trial period when the service was provided free of charge the were sufficiently acquainted with the possibilities and character of the application Zeerat. The User will not claim any measurement for web sites that are not at the time of approval of these Terms and Conditions compatible with the application Zeerat.
  5. The User undertakes any payment for using the service paid in a specified due date.

The Rights and Obligations of the Provider

  1. The Provider is obliged to ensure the functionality of the maximum possible extent. An exception to this requirement consists of facts that are not influenced by the Provider and cannot prevent them (eg. natural disasters, accidents, failures of public telecommunications networks etc.), or actions necessary to ensure the maintenance and updating, unless they can be done during uninterrupted operation.
  2. The Provider reserves the right to access a User’s account for technical or administrative purposes. They also agree the measured data will not be disclosed to third parties.
  3. The Provider has the right to discontinue the service of Zeerat in the event of a delay in payment for use of the service. At the same time they are not liable for damages caused by the loss of measured data or the loss of application availability Zeerat.
  4. The Provider has the right to exclude the use of application Zeerat that User who clearly used measured data for purposes that are not in accordance with the applicable laws of the Czech Republic, respectively of other countries in which the application Zeerat is used.
  5. The Provider shall not be liable for any loss of data breach server due to the User’s own fault or in case of a cyber attack by a third party.
  6. The Provider is not obliged to pay the User damages arising from interruption of service or defective service provision.
  7. If the Provider fails to meet its obligations under this Agreement properly and in time, the User is required as soon as possible to inform the Provider of any defects. The Provider solves imperfections without undue delay, the latest within one month from reporting defects. In cases where it is not possible to remedy the defect, the User is entitled to a reasonable price reduction of the services.

 

Final Provisions

  1. The Provider is the sole executor of the property and the copyright owner of industrial property rights related to the application Zeerat, or is entitled to grant a license or sub-license to these objects of intellectual property rights. The Provider hereby grants the Ordering party a non-exclusive authorization to exercise the right to use (license) system Zeerat in the extent that corresponds to the purpose in accordance with these Terms and Conditions accepted by the Ordering party. For the avoidance of doubt, the provision of services means an access to the application through a web interface Zeerat. The license to the Zeerat application is locally unlimited and is granted for use under these General Terms and Conditions. The Zeerat application must not be modified in any way without the written consent of the Provider.
  2. The Provider reserves the right to change these conditions in a reasonable range. The Provider notifies the User of any changes adequately well in advance.
  3. The Provider reserves the right to cancel the User’s account into which the User has not logged in for more than 60 days and does not use the paid fare.
  4. Providing of a paid service to the User expires at the moment when payment has not been made for the next period. The paid service is not required to be terminated any way.
  5. All analytical outputs, video, database or other outlets that will be created by the service Provider or through the application Zeerat (“outputs”) remain as the sole property of the Provider. The Provider hereby grants the Ordering party an authorization to exercise the right to use (license) outputs. This license is agreed as a non-exclusive, perpetual and locally unlimited. The Provider shall not be liable for how the User handles these outputs.
  6. The information about the User is stored in compliance with applicable laws of the Czech Republic, especially the law on the Protection of Personal Data no. 101/2000 Sb., as amended. By accepting these terms and conditions the User agrees with the collection and processing of personal data in the database of the Provider, until their written statement of disagreeing with this processing.
  7. The information regarding security and data protection are contained in a separate document Declaration on data security and specifications of the script.
  8. The terms and conditions not covered by this document are governed by the laws of the Czech Republic.

These terms and conditions come into force on the 7th of July 2017.

Updated on June 30, 2017

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