General Terms and Conditions
For Using Internet-based Software Applications (Services) by G.M. Production Kft. under the Brand Name ”Yappp”
Last modified: 02.01.2012.01.
I. Service Provider’s data; specification of services provided by Service Provider
II. Objective, subject matter and scope of GTC 2
III. Availability and modification of GTC 3
IV. Terms and conditions of using the Services 4
V. Restricted rights provided to the Service Provider by the Client 6
VI. Rights of using the Services provided to the Client by the Service Provider 7
VII. Payment conditions, invoicing, tax issues 7
VIII. Cancellation or termination of Services; termination / discontinuation of the legal relationship 9
IX. No guarantee, limitation of liability, rules of other content (external webpages, hyperlinks, etc.) 10
X. Other general terms and conditions of the Services; other stipulations by the Service Provider 11
XI. Reporting copyright irregularities 12
XII. Rules by derogation applicable to consumers (users as natural persons) 12
XIII. Data Management Regulations 13
I. Service Provider’s data; specification of services provided by Service Provider
1. Service Provider’s data
1.1. Data of G.M. Production Kft, a legal entity providing internet-based software applications (services) under the brand name “Yappp” (hereinafter: Service Provider):
Name of Service Provider: G.M. Production Kft.
Registered seat: HU-1034 Budapest, Eső utca 6.
Phone number: (+36) 1 6317498
Name of registration court: Metropolitan Court of Budapest as Court of Registration
Corporate registry number: Cg.01-09-869682
Tax registration number: 13718862-2-41
EU tax number: HU13718862
2. Specification of services provided by Service Provider
The internet-based software applications provided by Service Provider under the brand name “Yappp” (hereinafter: Services) enable – primarily – businesses, agencies, companies, etc., and – in special cases – natural persons (hereinafter: Client) to carry out effective advertising campaigns in community media. The Services can be used for generating complex business solutions from images, texts and links, whereby Clients can launch various types of promotions for their own users active in community media (hereinafter: Users).
II. Objective, subject matter and scope of GTC
1. The General Terms and Conditions (hereinafter: GTC) is intended as a framework regulation of rights and obligations arising between Service Provider and Client.
The GTC shall constitute the entire agreement concluded by and between Client and Service Provider; rules thereof shall govern the use of the Services (except for services provided by the Service Provider to Clients under the terms and conditions set out in writing in a special contract) and it shall override all former agreements between Client and Service Provider in connection with the Services.
2. Client may use the Services upon accepting the GTC. Client shall not be entitled to hire the services upon failing to accept the GTC.
3. Client may accept the GTC as follows:
3.1. by clicking on the Accept button if this option is displayed on the interface of the Services; or
3.2. in the course of using the Services. In this case Client agrees that Service Provider shall deem the use of the Services to include acceptance of the GTC.
4. A distance contract shall be concluded between the parties by using services provided by the Service Provider through the internet. The use of the Services shall be subject to the observance of the GTC and the terms and conditions of concluding electronic commerce transactions.
5. Client may not use the Services and may not accept the GTC if
5.1. Client has not reached the age limit for legal capacity by personal right; or
5.2. Client is not allowed to use the Services according to the laws of the state of the Client’s registered seat / domicile or of the state where Client uses the Services.
6. Any violation of the terms and conditions of the GTC shall entail termination of Services provision (registration, account).
7. Client agrees to use the Services only at their own risk.
8. Any modification / improvement of the Services, including the introduction of any new tools and resources, shall fall within the scope of this GTC.
9. Client understands that if Service Provider has the Hungarian version of the GTC translated to any other language, it has done so only to the Client’s convenience.
10. Should there be any discrepancy between the Hungarian-language GTC and any other language version thereof, or should any dispute arise between Client and Service Provider, the Hungarian version of the GTC shall prevail.
11. The Services are available to legal entities, organizations without a legal personality, and – subject to the acceptance of certain special rules – to natural persons as well. Users as natural persons can use the Services subject to the derogations set out in Section XXI of this GTC.
12. It may occur that Client hires services by another legal entity, association without a legal personality or natural person when using the Services (as a result or in the course thereof), downloading their services or buying their products. As regards such services, software and products, the terms and conditions of a special agreement concluded by and between the Client and such other legal entity, association without a legal personality or natural person shall be applicable. In such a case, these General Terms and Conditions shall not affect the legal relationship of the Client and such other legal entity, association without a legal personality or natural person.
13. Client agrees that the Service Provider’s failure to exercise any of its rights or remedies available according to the GTC (or governing legislation) shall not constitute a formal waiver of any rights or remedies available.
14. Should any court acting in any jurisdiction declare any parts of the GTC to be invalid, such invalid provisions shall be removed without prejudice to the rest of the GTC. Provisions other than those invalid provisions shall continue to be effective and enforceable.
15. Parties primarily intend to settle any disputes arising in connection with the Agreement peacefully by negotiation. Should the Parties fail to agree within 30 days of the commencement of such negotiations, the Parties shall subject themselves to the exclusive jurisdiction of the Central District Court of Buda in case of lawsuits falling within the sphere of authority of local courts or that of the County Court of Bács-Kiskun County if required by a competency rule.
III. Availability and modification of GTC
1. Service Provider reserves the right to unilaterally modify this GTC and any annexes thereto at its own discretion within the scope of current legislation at any time, without any special previous notice.
2. An amendment shall immediately come into effect by the publication of the amended GTC at www.yappp.com. The cover page of the GTC currently in effect shall contain the date of entry into effect.
3. Before using a service, Client shall be obligated to check for any GTC modifications. Amendments to the GTC shall apply to any use of the Services following such modifications. By using the Services after the entry into effect of the GTC modification concerned, Client shall accept such amended GTC without any special notification. Client may not use the Service unless Client accepts such amendments.
4. The current GTC is made available at: www.yappp.com
IV. Terms and conditions of using the Services
1. Service Provider hereby excludes any and all liability for content produced by Clients and Users and generated by using community media (User Content). Service Provider shall not guarantee, either directly or indirectly, the origin, accuracy, adequacy and completeness of any content generated by Clients and Users.
2. Client shall be fully liable for any content generated by using the Services and for its activities involving the use of the Services.
3. Service Provider shall develop and renew innovative technologies and applications on an on-going basis in order to provide the best possible services to Clients. Client acknowledges and accepts that Service Provider may change the form, features or any element or function of the Services at any time, even repeatedly, without further previous notification.
4. Client acknowledges and accepts that in the interest of the on-going innovation set out in subsection 3 Service Provider may, at its own discretion, suspend (finally or temporarily) the provision of Services (or any of their features) without previously notifying the Client thereof in writing. Obviously, Client may also stop using the Services at any time without notifying the Service Provider.
5. It may occur that the Services used by the Client and/or the individual software serving as a basis for it automatically download and install updates provided to the Client by the Service Provider at regular or irregular intervals. Updates are only intended for the Services to be developed at high standards and to be made more appropriate, manageable, better and easier to use by the Service Provider. Client understands and accepts that updates may occur in a “bug fix” format, may include enhanced functions, new software modules and brand new versions as well. By accepting this GTC, Client expressly consents to such updates in the course of using the Services and that Service Provider make available such updates for the Client.
6. Client understands and agrees that Service Provider hires third-party services, products, and hosting partners to provide the required hardware, software, network, storage media and other technologies. By accepting this GTC, Client expressly understands and agrees that any third party hired by the Service Provider may interrupt its services provision for maintenance or other technical reasons, which may result in a temporary stoppage of the Services.
7. Client agrees to use the Services only for purposes in conformity with the GTC, the laws and regulations governing the state concerned and generally accepted practice.
8. Service Provider reserves the right to refuse to provide Services to any Clients. Service Provider further reserves the right to modify or suspend – temporarily or definitively – the Client’s access right at any time, with or without previous notification.
9. Client acknowledges and agrees that if Service Provider fails to enable the Client to use its own access for any reason, then Client may not access the Services and the content therein.
10. Client acknowledges and agrees that Service Provider may introduce restrictions on storage size associated with the Services at its own discretion at any time.
11. Client agrees to refrain from connecting (or attempting to connect) by tools other than the interfaces provided by the Service Provider, unless specially agreed by the parties.
12. Client agrees to refrain from any activities to hinder or make impossible the operation of Services (or any connected servers or networks)
13. Client shall not be entitled to reproduce, multiply, copy, distribute, resell or sell the Services in any form, unless specially agreed by the parties.
14. Client accepts that only Client shall be liable for any violation of its obligations set out in the GTC and shall take responsibility for their consequences (including any loss and damage thereby incurred by the Service Provider). Service Provider shall not be liable for any violation by the Client toward the Client or any other third party.
15. Client hereby expressly agrees that Service Provider shall not be held liable for any direct or indirect, accidental, special or consequential etc. losses, including without limitation profits lost, loss of goodwill, data or other immaterial losses arising from the use of the Services by the Client or from the use of third-party products through the former.
16. Client hereby expressly agrees that it is prohibited to upload, publish, post and forward any of the following in the course of using the Services:
content which is illegal, obscene, pornographic, threatening, offensive, or objectionable for any other reason
content encouraging or providing information to commit crimes, and violating local, national or international laws
content to prejudice any patents, commercial or intellectual rights
personal information, addresses, phone numbers, etc. without the express consent of the parties concerned
unsolicited e-mail, sms or spam
viruses, worms or any other harmful codes
17. Service Provider reserves the right to remove user content or other information deemed to be illegal, offensive, threatening, pornographic, obscene, or considered for any other reason to violate others’ intellectual property rights or these General Terms and Conditions.
18. By using the Services, Client shall accept the following terms and conditions as well:
Facebook Statement of Rights and Responsibilities, available as a reference at the following link (http://www.facebook.com/terms.php), or displayed at other sites indicated by Facebook.
B/. Information required for using the Services
1. Client hereby accepts that the registration (account) data provided for using the Services must be real, accurate, valid and complete. Client shall be responsible for the maintenance of these data and for updating them in the event of any changes.
2. Client acknowledges and accepts that Client shall be responsible for the safe and proper management and confidential handling of all its passwords for accessing the Services.
3. No other person may use the Client’s login information (no shared login is allowed to be used by more than one person).
4. Only the Client shall be liable towards the Service Provider for any operations through its access or account. In the event that Client is made aware of any unauthorized use of its password or account, Client shall promptly notify the Service Provider.
by e-mail: email@example.com
by post: H-1034 Budapest, Eső utca 6.
by phone: +361 6317498
5. It is prohibited to generate botnets or registrations or accounts applying other automated methods.
6. Login to and use of the Services indicative of abuses or more frequent than normal may entail temporary or permanent suspension of Client access. Service Provider shall examine uses appearing to be abusive or more frequent than normal at its own discretion. Service Provider shall notify Client by e-mail before suspension.
7. Service Provider shall not store and check the Client’s bank card data; they shall be handled by the bank accepting the card or the PayPal payment service provider directly through secure connections.
V. Restricted rights provided to the Service Provider by the Client
1. Service Provider acknowledges and agrees that under this GTC it shall not obtain any rights or ownership rights from the Client (nor from any parties granting permission to the Client) in addition to the restricted rights required for providing the Services in respect of any content (User Content) posted, sent or displayed by the Client / User through or on the Services, including any intellectual property rights related to the content concerned (regardless of the fact whether such rights are registered and on which part of the world they prevail). Copyrights and other rights related to User Content uploaded, posted or sent through the Services or displayed on the Services shall be preserved. In addition to the above, and unless otherwise provided in writing by special agreement between the Client and the Service Provider, Client agrees that only Client shall be responsible for protecting such rights and for disposing over them and that Service Provider shall not be obligated to act on behalf of the Client in this respect.
2. As regards content uploaded by the Client / User in the course of using the Service or generated by using the Service (photos, videos, digital images, user data and other data types, hereinafter jointly: User Content), Client shall grant Service Provider a non-exclusive, transferable, free and worldwide license to display, reproduce, transform, modify, translate, publish, publicly play, publicly display and distribute such User Content to the degree required for providing the Service.
3. Client shall be expressly responsible for the compliance of any promotions launched in community media by the Client through using the Service with current legal regulations, laws and rules.
4. In the course of using the Service, Client shall be obligated to upload rules of participation and data management for promotions, regulating User participation, management of User data collected during promotions, and compliance with other regulatory requirements.
5. Client agrees that Service Provider shall not be liable for the regulatory compliance of promotions launched by the Client through using the Services.
6. Client understands and accepts that in the framework of the technical steps of providing the Services, Service Provider
shall forward and distribute User Content used by the Client through various public networks and communication tools; and
may initiate and effect User Content changes as required for the compliance of such User Content with the technical criteria of any associated networks, appliances, services and media.
7. This license shall be terminated as soon as Client deletes the current content or as soon as their subscription is terminated. This license is exclusively intended to enable the Service Provider to display the Services, to effect any technical modifications required in the course of providing the Services and to operate the Services.
8. Ügyfél kijelenti és szavatolja a Szolgáltató részére, hogy minden olyan joggal, feltétellel és felhatalmazással rendelkezik, amely szükséges a fenti engedély megadásához.
VI. Rights of using the Services provided to the Client by the Service Provider
1. Upon acceptance of the GTC and subject to continuous compliance therewith, Service Provider shall grant a restricted, withdrawable, non-exclusive, non-transferable, non-sublicensable – unless allowed by the written agreement concluded by and between the Client and the Service Provider – right to the Client to generate online applications enabling internet presence through the use of the Services on Facebook, Google+, Twitter, and other internet pages by using appropriate and compatible web browser or mobile devices. Client agrees not to use the Services for any other purposes.
2. Client understands that any documents, software or hardware elements, technologies, algorithms, procedures, user interfaces, know-hows and other commercial secrets used by the Service Provider in the course of providing the Services shall jointly constitute the Service Provider’s technology, and shall be subject to intellectual property protection (regardless of the fact whether such rights are registered and on which part of the world they prevail), and shall be owned by or properly licensed to the Service Provider. In addition to the above, Client acknowledges that the Services may include information designated as secret and confidential by the Service Provider which may not be published by the Client without the Service Provider’s previous written permission.
3. In addition to those specified in this GTC, Service Provider shall not grant any license or other right to use the Service Provider’s technology; all rights reserved by the Service Provider.
4. None of the terms and conditions set out in this GTC shall authorize Client to use the Service Provider’s trade name, any trade marks, signs, logos, domain names and other distinctive brand marks associated with the Service Provider, unless allowed by the written agreement concluded by and between the Client and the Service Provider.
5. Client shall not be allowed to remove, distort or alter any remarks in the Services or in any manner related to any intellectual property rights associated therewith (including copyright and remarks on trade marks).
6. Service Provider shall be the owner of all rights and content on the Service Provider’s website. All rights reserved. No content is allowed to be duplicated, copied or used in any degree, including content displayed in various descriptive languages, descriptive languages, codes, code parts, and othe
r elements affecting display, unless expressly approved by the Service Provider in writing.
7. Client understands and accepts the following:Client shall not use the Services for the purposes of
generating a similar competitive product / service; or
engineering a product including similar ideas, functions and graphics;
copying any ideas, graphics, and functions.
Client shall not license, sublicense, sell, resell, transfer or otherwise use for commercial purposes or make available to third parties (unless allowed by the written agreement concluded by and between the Client and the Service Provider).
VII. Payment conditions, invoicing, tax issues
1. The fees to be paid for the Services are included in the webpage at www.yappp.com (hereinafter jointly: service fees). Service Provider reserves its exclusive right to modify the service fees at any time. Service Provider shall notify Clients of any changes in service fees by e-mail 30 days in advance.
2. By using the Services after the entry into effect of any change / modification of service fees, Client shall fully accept the modified fees specified by the Service Provider after the entry into effect of such change / modification of service fees. Changes shall not be valid for the monthly billing period when such changes appear.
3. Service Provider shall exclude all liability in connection with any modification of the Services, fee changes, suspension or discontinuation of the Services. By accepting these General Terms and Conditions, Client shall waive of any remedy against the Service Provider by reason of such changes.
4. Service fees can be paid by bank card suitable for internet payment, by bank transfer, or by payment through the PayPal online cash transfer service provider. Internet payment by bank card shall constitute a banking service provided by OTP Bank Nyrt. to the Service Provider’s Clients.
5. Service Provider shall not manage / forward any card data or other payment data. Service Provider shall not have access to and shall not manage the Client’s bank card data; they can only be accessed directly by the banking service provider through a secure connection in the course of payment by bank card.
6. Service fees shall be paid to the Service Provider simultaneously with activating the Services. Service Provider shall start to provide the Services promptly upon payment of the service fees.
7. Unless otherwise agreed in writing, no fees paid to the Service Provider shall be reimbursed.
8. In case of ongoing services provision (services subject to monthly fee payment), Services shall be paid monthly and in advance; no fees shall be reimbursed. No service fees shall be reimbursed in case of any use for a fraction of a month, or if the Client has modified the Service to a lower or higher fee package in the given month, or if the Client has not used the Service in spite of an active subscription.
9. In case of any modification of Service packages effected by the Client, a fee corresponding to such change shall be debited to the bank card specified or to the PayPal account in the next fee payment period.
10. In the event of upgrading a Service package, fees for services subject to monthly fee payment shall be paid – in case the different Service packages are used for a fraction of a month – by the Client obligated to settle the fee difference between Service packages before modifying the Service package.
11. Downgrades of Service packages may result in the discontinuation of access to certain user content or functions. Service Provider shall exclude any liability for any loss and damage arising therefrom.
12. Should Service Provider discontinue provision of the Services to the Client because Client has violated any of the provisions of this GTC, Service Provider shall not return any service fees to the Client. In the event that the Services are terminated for any other reason, Service Provider shall reimburse the fees paid by the Client on a pro-rata basis.
13. In case of services subject to monthly fee payment, Client shall take care of cancelling the service concerned in due time if Client does not wish to use it further on. Client shall be obligated to indicate any cancellation of services subject to monthly fee payment by a request (support ticket) submitted through the Service Provider’s webpage (online customer service), specifying the user name and the Service. No monthly fees shall be reimbursed in case of using services for a fraction of a month.
1. Client shall be responsible for the declaration and payment of any taxes due in accordance with the regulations in effect in each country / region.
2. Client understands that Service Provider is obligated to check the tax subject status of each Client according to the rules set out in Act CXXVII of 2007 on VAT (VAT Act). Service Provider shall conduct such checks by way of a tax registration number review built in the order process or individually.
3. Client understands that Client is obligated to supply accurate, reliable, valid and timely data on its tax subject status. Client shall be liable for observing any and all taxation rules affecting the Client, in compliance with the tax laws of the country where Client is liable to pay taxes.
4. In the event that Client fails to report any Client data changes to the Service Provider in due time, Service Provider shall be obligated to modify its invoices according to the EU and Hungarian tax regulations currently in effect; furthermore, Client shall bear full responsibility for any losses and extra expenses arising therefrom (charges for authority procedures, fines, etc.). For that matter, Service Provider shall modify invoices only after the Client has reported such Client data change or the change requested by the Client to the Service Provider.
5. In the event that in the course of registration Client has specified data other than those set out in subsection 3, Client shall undertake to also pay any service fees duly corrected by the Service Provider and increased by the amount of tax to the Service Provider.
6. In respect of tax subjects – except for tax subjects seated in Hungary – service fees shall not include any taxes or other charges imposed by authorities; they shall be paid by the Client at the seat / domicile / usual place of residence concerned.
7. Clients with a registered seat in Hungary shall be charged 27% VAT in addition to Service fees.
8. In the event that Client is not a tax subject,
a) Clients from Hungary and other EU Member States shall be charged 27% VAT;
b) other – third-country – Clients shall not be charged VAT.
9. Service Provider shall issue electronic invoices in respect of the services ordered. Such invoice shall include an electronic signature and a time stamp. Upon ordering a Service, the respective invoice shall be automatically forwarded to the e-mail address for invoices as specified by the Client when ordering such Service.
11. Payments by the Client shall be considered as effected when the transaction is rated as successful by the Bank accepting the card or by the payment service provider.
VIII. Cancellation or termination of Services; termination / discontinuation of the legal relationship
1. Service Provider may terminate the contract concluded with the Client at any time if:
Ügyfél megsértette az Általános Szerződési Feltételekben foglalt bármely rendelkezést (vagy tevékenységéből egyértelműen arra lehet következtetni, hogy Ügyfél nem hajlandó vagy nem képes betartani az Általános Szerződési Feltételek rendelkezéseit); vagy
Client has violated any of the provisions set out in the General Terms and Conditions (or it can be clearly concluded from its operations that Client is unwilling or incapable to observe the provisions set out in the General Terms and Conditions); or
the partner through which Service Provider has provided a Service to the Client has terminated its contract with the Service Provider or decided to stop providing its Service to the Service Provider; or
Service Provider decides to discontinue Services provision in the state where Client uses such Services.
2. All Client Content and Client information shall be finally deleted upon termination of the Service / subscription, unless Client uses a service subject to monthly fee payment. No information deleted in such a way may be retrieved after termination.
3. In case of Clients selecting services subject to monthly fee payment, data of past campaign data in a number corresponding to the service package selected shall be stored during the term of using such service subject to monthly fee payment.
IX. No guarantee, limitation of liability, rules of other content (external webpages, hyperlinks, etc.)
1. Service Provider shall make the Services available to Client in their current form, and neither the Service Provider nor any other venture associated therewith nor any parties providing rights of use shall undertake a guarantee for them.
2. In particular, Servicer Provider, such other ventures associated therewith and parties providing rights of use shall not guarantee to the Client that:
- the Services used by the Client meet the criteria set by the Client; the Services meet the Client’s specific requirements; any information, products and services accessed or obtained by using the Services meet the Client’s expectations;
- the Services used by the Client are uninterrupted, accurate, secure and errorless;
- any information obtained in the course of using the Services and the results achieved through the use of the Services are accurate and reliable; and
- any errors occurring in the course of the operation of the software made available to the Client as part of a Service will be repaired.
3. In addition to and in excess of the requirements expressly included in these General Terms and Conditions, no criteria, guarantees or other terms and conditions (including any implicit conditions such as the satisfactory level requirement and operation as described) shall apply to the Services.
4. These General Terms and Conditions shall not affect any rights of the Client as consumer, nor those rights that the Client is not allowed to modify or waive by contract.
5. Service Provider and its owner, its associated companies, franchisors, partners, suppliers, consultants and agents shall exclude any and all liability for the authenticity, content, completeness, lawfulness, reliability, operability or availability of information and documents placed through a Service. Service Provider shall exclude any and all liability for the conduct of members and developers, in particular for any conduct demonstrated through or by certain applications.
6. Any services, products, functions as well as any documents and information available and / or displayed in or through the system shell of a Service shall be made available without any guarantee whatsoever.
Limitation of liability
7. Client agrees to use the Services and the applications displayed within the system shell of the Services only at its own risk, and accepts that Service Provider shall not be held liable for any pecuniary or non-pecuniary losses arising during use.
8. Neither Service Provider nor any parties providing rights of use shall be liable to the Client for any of the following:
any indirect or consequential loss incurred by the Client. This shall include any (direct or indirect) profit lost, loss of goodwill or business reputation, and data loss;
any loss or damage incurred by the Client for any of the following reasons:
(i) Client has counted on the completeness of services and the accuracy and existence of advertisements, but the Service has not met its reckonings; and if the loss or damage incurred by the Client is the result of a connection or transaction between an advertiser or sponsor whose advertisement appears on the Service;
(ii) any change in the Service effected by the Service Provider and / or the final or temporary suspension of Services or any of their functions;
(iii) deletion of, damage to or failure to save any User Content preserved or sent through or by using the Service;
(iv) Client has failed to provide valid access informationand access information.
(v) Client has failed to protect her/his password and access data from unauthorized access.
9. The rules on the limitation of the Service Provider’s liability set out in section IX/8 shall also be applicable if Service Provider has been properly informed and / or if Service Provider should have been aware of the possibility that any losses specified above may be incurred.
10. Client expressly agrees that Service Provider shall not be held liable for any direct or indirect, accidental, special or consequential losses, including without limitation profits lost, loss of goodwill, data or other immaterial losses arising from any of the reasons below:
- Use of the Services or failure to use the Services;
- Costs of replacement products or services in the course of using the Services;
- Unauthorized access or data content modification;
- Third-party statement or conduct concerning the Services;
- Any other reason in relation to the Services.
11. The Services may include hyperlinks to other websites, contents and sources. Service Provider has not right to dispose over websites or sources made available by other businesses or persons not associated with the Service Provider.
12. Client understands and accepts that Service Provider shall not be held liable for the availability of any external websites or resources described in subsection 11, nor for any content displayed there.
13. Client understands and accepts that Service Provider shall not be held liable for any loss or damage incurred by the Client due to the fact that Client had no access to such external websites or other sources, or that Client relied on the completeness and accuracy of advertisements, products, services or other documents located at such websites or sources, but its reckonings were not realized.
X. Other general terms and conditions of the Services; other stipulations by the Service Provider
1. Client expressly agrees to receive all communication and messages from the Service Provider electronically. Service Provider shall communicate with the Client by e-mail or through announcements published at www.yappp.com All agreements, notices, messages, notifications and any other communication applied by the Service Provider in electronic form shall met regulatory criteria and shall equal to written communication.
Service Provider shall receive general requests at the following e-mail address: firstname.lastname@example.org .
2. Service Provider shall operate an electronic customer service for Clients, with content depending on the Service package used and specified on the Service Provider’s website.
The electronic customer service shall be available at the following link: www.yappp.zendesk.com
Any notification or communication related to the Services can be sent through the trouble ticket system (Support menu item) of the online customer service available at the Service Provider’s website, with parameters depending on the Service package used.
3. Service Provider shall not run a personal customer service.
XI. Reporting copyright irregularities
1. The Service Provider’s operations comply with Hungarian, EU and international legal regulations for the protection of intellectual rights. Should Client discover that a user of any of the Service Provider’s services infringes someone’s intellectual property rights, Client shall be obligated to follow primarily its own procedures in contacting the party in breach and notifying the competent authorities of the infringement detected; in addition, Client can inform the Service Provider thereof at the contact below. Notifications shall be made in writing to the address specified by the Service Provider.
Mail: 1034 Budapest Eső utca 6.
Pursuant to the Service Provider’s copyright policy, it shall reply to all remarks related to alleged copyright infringement which are in compliance with governing international regulations on intellectual property rights and shall disable access for parties committing repeated infringements.
2. For the sake of efficiency, notifications must be made in writing and must contain the following:
- Physical or electronic signature of the person acting on behalf of the owner of the right.
- A list of documents in relation to which the infringement arose, whose removal is requested by the announcer, as well as all information enabling the Service Provider to identify the location of such contents.
- Sufficiently accurate information for the Service Provider to contact the announcer, such as address, phone number, e-mail, etc.
- Statement by the announcer that no use of the content reported has been permitted by the owner of the right or its agent.
- Statement that the information included in the report is accurate and that the announcer declares in the knowledge of their criminal liability that they act legally on behalf of the owner of the right.
XII. Rules by derogation applicable to consumers (users as natural persons)
1. The rules set out in this GTC shall be applied to clients as natural persons in a contractual relationship with the Service Provider (hereinafter: Consumer) subject to the derogations set out in this section.
2. With a view to the fact that Service Provider concludes an agreement with the Consumer in the framework of a distance selling system operated by the Service Provider, and that Service Provider only uses telecommunications devices to conclude such agreement, Consumer hereby agrees that in regard to using the Services, such agreement is governed by Hungarian and EU regulations on distance contracting1.
3. By accepting this GTC, Consumer certifies to have received accurate information easy to understand, in an appropriate form and in due time before concluding the agreement, in regard to all issues set out in paragraph (1), Article 2 of Government Decree 17/1999.(II.5.). Upon acceptance of this GTC, Consumer has received all written information required from the Service Provider by law.
4. Consumer expressly understands that Consumer may not exercise their right of rescission by law if Service Provider has commenced fulfillment with the Consumer’s approval before the expiry of the deadline for rescission (within eight working days of the date of contracting, that is, the date of accepting this GTC). Consumer acknowledges and accepts that Service Provider commenced fulfillment at the time of Service fee payment as expressly agreed by the Consumer, therefore Consumer may not exercise their right of rescission.
XIII. Data Management Regulations
The Data Management Regulations shall constitute an integral part of the GTC and shall contain data management rules related to the provision of the Services.
The Data Management Regulations shall specify the scope of data handled by the Service Provider, the legal grounds, content, duration, objective and certain rules of data management.
1. Data manager’s name
G.M. Production Művészeti Szolgáltató és Kereskedelmi Korlátolt Felelősségű Társaság (G.M. Production Arts Services and Trade Limited Liability Company)
2. Data manager’s address
HU-1034 Budapest, Eső utca 6. III/1.
3. Data manager’s data management identifier
4. Data manager’s contact
5. Description of data management
Data management based on the Consumer’s voluntary, informed and express consent in case of the people using the Service.
6. Legal grounds of data management
Voluntary consent by the Client pursuant to paragraph (1), Article 3 of Act LXIII of 1992 on the protection of personal data and the disclosure of information of public interest (hereinafter: “Data Protection Act”).
7. Scope of data handled
A. Client data
Upon registration at the Service Provider’s homepage, Client shall be obligated to supply the following data:
tax registration number
Service Provider shall not have access to and shall not store and manage the Client’s bank card data; they can only be accessed directly by the banking service provider through a secure connection in the course of payment by bank card.
Internet payment by bank card shall constitute a banking service provided by PayPal to the Service Provider’s Clients.
B. User data
Service Provider shall be allowed to handle the following data on Clients and Users in connection with providing the Services:
The scope of data actually managed in the case concerned shall depend on the features of each Application and on the parameters set by the Client for the promotion concerned.
C. Furthermore, Service Provider may manage
data on the date and time, duration and location of using the services;
e-mail addresses of people who communicate with the Service Provider by e-mail;
consolidated data on which pages are read by visitors to the Service Provider’s homepage;
other data specified voluntarily (data on surveys / public opinion polls launched by the Service Provider, etc.)
8. Objective of data management
Service Provider may use data for the following purposes in order to provide the Services, to operate its homepage and Services, and to increase service standards:
make Services available; identify Client; keep contacts with Client;
operate Services; run Client promotions;
ensure and develop appropriate service standards;
collect Service fees; invoicing;
reply to questions and requests to customer service;
forward service information (technical information, maintenance-related messages, notification of changes, security warnings);
analyze the performance of promotions.
In the course of promotions launched by the Client through the use of the Services, Client shall always be responsible for identifying and managing the scope of personal data supplied by the User. Service Provider shall exclude any and all liability for the management of users’ personal data by the Client, accessible or made available consequent upon the use of the Services. Such data shall be governed by the Client’s own terms and conditions and internal regulations, to be introduced to the User in the course of conducting promotions.
9. Duration of data management
Service Provider shall delete the data managed promptly after termination of the contractual relationship with the Client.
Service Provider shall delete the data made available voluntarily for management by the Service Provider pursuant to section 7.C promptly after the purpose of data management has ceased to exist or the Client so disposes.
Service Provider shall preserve accounting certificates related to the provision of Services and containing Client data for 8 years, calculated according to Article 169 of Act C of 2000.
10. Forwarding data
In order to provide the Services, Service Provider shall apply services and products by third parties and shall hire hosting partners. Third parties shall have access to Client and User data only to the degree required for providing the Services.
The Service Provider’s dealer partners shall have access to data of the Clients using the services sold by them to the degree required for meeting their obligations.
In addition to the fact that the Service Provider owns the databases, codes and the rights of all applications, Client shall possess all rights related to personal information.
Service Provider may forward Client data under special circumstances, including in particular if so requested by an investigative authority, state attorney’s office or national intelligence service to assist them in their tasks set out by legal regulation, in case of data disclosure requested by such organizations.
11. Deletion of personal data
Client may forward a request to delete their personal data by e-mail to the address email@example.com at any time. Service Provider shall delete such data within 5 working days of receiving such request for deletion. No data deleted can be restored.
12. Other provisions
Recommendations by Clients
Service Provider may display recommendations of the Services by Clients at its homepage. In such recommendations displayed, Service Provider may only publish Client-related data if previously approved by the Client concerned in writing.
The Service Provider’s website provides opportunities for participation in open forums related to the Services. Forum entries shall be public. Should Client wish to delete any of their entries, they can request so from the Service Provider at the following e-mail address:
Further information on the Data Management Regulations can be requested at the following e-mail address: firstname.lastname@example.org.
13. Client’s and User’s rights related to the management of their personal data
Client and User may request information on the management of their personal data. Upon request, the data manager shall provide information to the party concerned about the following: their data managed by the data manager, the objective, legal grounds, and duration of data management, the operations related to data management as well as who and for what purpose will receive or have received such data. Such request for information must be sent by e-mail to email@example.com, and the party concerned shall receive an answer within 8 working days. Client and User may request deletion of their data as stipulated in the section “Deletion of personal data”.
14. Options for remedy
Client and User may exercise their options for remedy before a court pursuant to the Data Protection Act, the Civil Code, and Act CVIII of 2001 on certain issues of electronic commerce activities and information society services; in addition, they can also seek for assistance by the data protection commissioner (dr. András Jóri, data protection commissioner, registered seat: H-1051 Budapest Nádor utca 22.; mailing address: H-1387 Budapest, Pf.: 40.).
15. Amendments to the Data Management Regulations
Service Provider shall reserve the right to unilaterally modify these Data Management Regulations, subject to the Client’s previous notification. By using the Services after the entry into effect of such modification, Client shall accept such amended Data Management Regulations.
16. Procedure in case of violation of the Data Management Regulations
Service Provider shall pay particular attention to performing the provisions set out in the Data Management Regulations, to the data protection obligations undertaken by the Service Provider, and to properly enforcing data protection rules; furthermore, Service Provider shall act upon each infringement of lawful rights.
In the event that Client or User are evidenced to have violated any provisions set out in these Data Management Regulations or in any other Hungarian, EU or international data protection regulation, Service Provider shall be entitled to delete all User Content and Client information definitively and terminate the Service / subscription.
It shall be deemed as a violation of these Data Management Regulations in particular if any unauthorized data are obtained by the Client / User from the Facebook, Google+, Twitter and other internet pages affected by the use of the Service, and are abused in any form.