Terms of Use

governing use of website developers.wultra.com (hereinafter as “Terms of Use”)

1. General Provisions

1.1 These Terms of Use govern rights and obligations related to the use of the website developers.wultra.com (hereinafter as “Developer Portal”) operated by company Wultra s.r.o., ID. no 03643174, with registered office at Bělehradská 858/23, Vinohrady, 120 00 Praha 2, company established under the laws of the Czech Republic and registered in the Czech Commercial Register administered by the Municipal Court in Prague, section C, entry 235343 (hereinafter as “Wultra”).

1.2 These Terms of Use apply to anyone who uses the Developer Portal. By using the Developer Portal, the person using it confirms they agree with these Terms of Use and undertake to abide by them.

2. Use of the Developer Portal

2.1 The Developer Portal may be used by anyone, under the condition of compliance with these Terms of Use. In case of any violation of these Terms of Use, Wultra is entitled to block further access to the Developer Portal.

2.2 The use of the Developer Portal is free of charge.

2.3 Registration is not necessary in order to use the Developer Portal.

2.4 The Developer Portal may be only used strictly in compliance with applicable laws and other legal regulations, as well as with these Terms of Use.

2.5 The user may not use the Developer Portal for any other purpose or by any other means than those set forth in these Terms of Use. Especially, it is not allowed to:

a) interfere with rights of third parties or Wultra when using the Developer Portal or as a result of use of the Developer Portal;

b) interfere with the Developer Portal in an unauthorised way or to attempt to access the Developer Portal in any other way than by using the specified access data and through the appropriate interface, in particular, to duplicate, modify, decompile or otherwise interfere with the Developer Portal, the associated source code and documentation unless they are expressly authorized in writing to do so,

c) to use the Developer Portal in a manner that may damage it (including interference with the server on which the Developer Portal is operated)

d) to conceal, obscure or falsify their identity.

2.6 The user is also expressly forbidden to use any content place of the Developer Portal or to place, refer or otherwise distribute any content in connection with the use of the Developer Portal in a way that especially:

a) infringes intellectual property rights (in particular, rights to trademarks, industrial designs, trade names, copyright and related rights, personal rights, etc.) or which may be considered an act of unfair competition,

b) encourages the commission of a criminal offenses or tort/delict, or approves such conduct, or otherwise supports the perpetrator of such activity,

c) contains false information about a third party that could harm such person,

d) supports or promotes a movement that is demonstrably aimed at repression of human rights and freedoms,

e) is for any reason unlawful, e.g. it violates the protection of personal data regulations, regulation of electronic communications or dissemination of commercial communication.

2.7 The content of the Developer Portal, all the published information and offers are purely of an informational nature, and do not represent a proposal for conclusion of an agreement between Wultra and the user. Wultra is not obliged to enter into agreement with the user regarding any of the goods and/or services presented on the Developer Portal. Provisions of Section 1732 of the Act no. 89/2012 Sb., the Civil Code, as amended, shall not apply.

2.8 The user is entitled to terminate the use of the Developer Portal freely, at any time.

3. User and Ownership Rights to the Developer Portal

3.1 The Developer Portal is a copyrighted work within the sense of Act No. 121/2000 Coll., on copyright, on rights related to copyright and on amendments to certain acts (copyright act) as amended (hereinafter referred to as the “Copyright Act”).

3.2 The user is only entitled to use the Developer Portal in the form in which it is available at the particular time and only in order to access to the Developer Portal, view its contents and use its functions which are available on the Developer Portal at the particular moment. The user is especially not allowed to use the Developer Portal or any of its features for the purposes of their own presentation or presentation of any third party. The right to use the Developer Portal in the above scope (the license) is granted as non-exclusive and only for the duration of use of the Developer Portal, exclusively for the purpose of using the Developer Portal in accordance with these Terms of Use, and only in an appropriate manner. The license is granted as worldwide.

3.3 The user is not entitled to provide any sub-license to any third party nor assign a license to any third party.

3.4 The user is not allowed to publish the Developer Portal, modify or interfere with the Developer Portal in any way, to merge it with another work or to include it in collective work. The user is not entitled to create any copies of the Developer Portal, unless this may not be excluded by an agreement.

3.5 The license is provided free of charge.

3.6 Wultra and the user jointly exclude all legal licenses, or any free use permitted by the law in favour of the user, unless those may not be lawfully excluded.

4. Guarantees and Liability

4.1 Wultra does not guarantee that the content of the Developer Portal is correct and up to date.

4.2 Wultra undertakes to make reasonable effort to make the Developer Portal available and functional. However, the user acknowledges that despite the effort of Wultra, Wultra does not guarantee the availability and/or functionality of the Developer Portal. The Developer Portal might not be always available, especially for reasons of necessary maintenance of the hardware and software equipment of Wultra or third parties. Wultra is not liable for any damage incurred by the user due to the unavailability or disability of the Developer Portal.

4.3 Wultra is entitled to change the appearance and functions of the Developer Portal, change or delete its content, add or remove its features and make other changes to the Developer Portal freely, at any time and without prior notice. Wultra is not liable for any damage caused by any change of the Developer Portal incurred by the user.

4.4 It is sole responsibility of the user to ensure the means for access to the Developer Portal. Especially, the user is solely responsible for ensuring of their connection to the Internet and the devices necessary for accessing the Developer Portal (e.g. computer or other). The costs of access to the Developer Portal (especially internet connection fees) are borne by the user.

4.5 To the maximum extent permitted by the law, Wultra shall not be liable for any damage nor harm caused to the users in connection with use of the Developer Portal. In particular, Wultra is not obliged to provide any kind of compensation or damages caused:

a) due to unavailability of the Developer Portal or its functions or content;

b) by changes of these Terms of Use;

c) due to use of the Developer Portal in violation of these Terms of Use or the applicable laws;

d) by use of a service or product provided by a third party;

e) independently of the will of Wultra.

4.6 The user acknowledges that Wultra makes reasonable effort to ensure the security of the transmitted information when operating the Developer Portal. Wultra shall not be liable for any breach of security of the transmitted information given it occurs independently of the will of Wultra and despite reasonable effort of Wultra to secure the transmitted information.

4.7 The Developer Portal is provided to the user “as is”. The user waives all claims for defects resulting from the use of the Developer Portal in the extent permitted by the law.

4.8 The user undertakes to indemnify Wultra in its entirety and to eliminate any negative consequences in case the user breaches these Terms of Use.

5. Support

5.1 The user is entitled to contact Wultra in case of any problems with the Developer Portal via the following contact: [email protected].

6. Personal Data

6.1 In connection with the operation of the Developer Portal, Wultra may process some personal data of the users as a data controller. Further information on personal data protection may be found in document “Privacy Policy” which is available on the Developer Portal.

7. Common and Final Provisions

7.1 Wultra is entitled to make amendments to these Terms of Use at any time. The amended Terms of Use will be published on the Developer Portal.

7.2 The unenforceability, invalidity or nullity of any provision of this Terms of Use does not affect the enforceability, validity or existence of the remaining provisions of this Terms of Use.

7.3 These Terms of Use and the rights and obligations arising from these Terms of Use are governed by the laws of the Czech Republic. Any disputes relating to these Terms of Use will be subject to the jurisdiction of the courts of the Czech Republic.

7.4 These Terms of Use are effective as of April 1, 2021.