Terms and Conditions for Using the Services of the MITSUDATA

    1. INTRODUCTORY PROVISIONS

    1.1. The company MITSUDOMOE s.r.o., Business ID: 28433947, Registered Address: Husinecká 903/10, Postal Code 130 00 Prague, Czech republic registered in the commercial register under file No. C 141199 at the Municipal Court in Prague (hereinafter referred to as the „provider“), provides users (hereinafter referred to as „users“) with the services of the Mitsudata.cloud web portal under the conditions specified below.

    For the purposes of these conditions, a user is any person who, in accordance with these conditions, has completed the registration.

    1.2. The relationship between the provider and users of the aforementioned services is governed by these General Terms and Conditions (hereinafter also referred to as „GTC“ or „conditions“), unless specific conditions for using the service or technical conditions for using the service are stipulated, which are usually located on the web servers related to the respective service.

    2. USER REGISTRATION

    2.1. Registration:

    • For all customer activities on Mitsudata.cloud, registration is necessary.

    2.2. Registration Form:

    • Registration is done by completing and submitting the registration form.
    • Only individuals meeting and committing to the statements in Article 3, Paragraph 1 below are authorized to fill out and submit the registration form.

    2.3. Registration Process:

    • Registration is carried out on the web page relevant to the specific service, where the registration process is precisely described.
    • Even a visitor who does not intend to use the related pages or services immediately can register.

    2.4. Registration Information:

    • During registration, the user is obliged to provide accurate and complete personal information designated as mandatory („mandatory personal information“).
    • Without providing mandatory personal information, it is not possible to complete registration and use the provider’s services.
    • Other information is provided voluntarily.
    • The customer must not use false names or facts, vulgar or immoral expressions, or symbols promoting violence when entering data.
    • In the event of any changes to the information, the user is obliged to update it if possible.
    • The user understands that some of the provided information qualifies as personal data under the regulation of the European Parliament and Council (EU) 2016/679 of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) and Act No. 110/2019 Coll., on the processing of personal data, in its valid wording.
    • The provisions of Article 4 below apply to this data.

    2.5. Consent to GTC:

    • Before completing registration, the user must familiarize themselves with these General Terms and Conditions.
    • Granting consent is a necessary condition for completing registration and using the services.
    • The user expresses consent by checking the box „I agree to the General Terms and Conditions“ located in the registration form.

    2.6. Formation of a Contractual Relationship:

    • The contractual relationship between the user and the provider is established at the moment of completing registration (i.e., upon receiving confirmation of successful registration).
    • To eliminate any doubts, the parties declare that by registering, the user agrees to these General Terms and Conditions, expressly accepts all their provisions, and undertakes to comply with the rules stipulated therein.

    2.7. User Account:

    • Completion of registration establishes a user account for the user.
    • The user account contains parameters for using services (e.g., username, chosen email address, service settings, user information, etc.).

    2.8. Expansion of Data:

    • The provider is authorized to change the scope of mandatory personal information and request additional user information at any time in the future in connection with service provision.
    • Providing such additional mandatory personal information may be a condition for further use of services.
    • In such cases, the provider is authorized to cancel the user account and/or deny access to individual services whose use is conditioned by the provision of this additional information.

    3. RIGHTS AND OBLIGATIONS

    3.1. User Declaration:

    • The user declares and guarantees to the provider that:
      • Is fully legally capable, especially considering age, being over 18 years old.
      • Legal capacity has not been restricted to an extent preventing them from consenting to these terms and using the services.
      • All information provided during registration is truthful, complete, accurate, and correct.
      • Usage of services under the conditions stated in these terms will not violate any legal regulations.
      • Has thoroughly familiarized themselves with these terms before commencing service usage, fully understands them, and agrees to them.
      • Is aware that suspension or modification of service provision may temporarily or permanently restrict access to content, including all materials and information in the provider’s system.

    3.2. Basic User Obligations:

    • Regardless of other provisions in these terms, the user commits to:
      • Not register if doing so would violate the user declaration in these terms.
      • Use the services only for their intended purpose.
      • Not use services in a way that could diminish the value of content or harm, disable, overload, or worsen the function of servers operated by the provider or affiliated parties.
      • Not access services through interfaces other than those provided by the provider.
      • Ensure the confidentiality of all identification data and passwords necessary for user login and service access.
      • Immediately inform the provider of any misuse of their identification data and passwords by a third party.
      • Not engage in any unlawful or unethical behavior related to service usage.
      • Not do anything that may disrupt or damage services (or networks and servers connected to services) or the provider’s reputation.
      • If the user provides or has provided the personal data of other individuals to the provider, they must inform these individuals about the processing of personal data to ensure the legality of such processing; otherwise, the user is responsible for any resulting damage.

    3.3. Provider’s Basic Rights and Obligations:

    • The provider is authorized, regardless of other provisions in these terms, to:
      • Suspend, limit, or terminate the provision of any service at any time, at its discretion and without prior notice, either to all users or only to specific users.
      • Cancel or block a user’s account at any time at its discretion and without prior notice.
      • Monitor the number of emails sent by the user, machine-monitor the email content using anti-spam and antivirus programs for security and increased user comfort.
      • Not deliver emails to the user’s mailbox if there is suspicion of harmful content that could threaten the security of the provider’s servers or users‘ accounts.

    3.4. Service Provision:

    • The provider offers services to users under the following conditions:
      • License to Service Content: The provider grants the user a free, non-transferable, and non-exclusive license without territorial restrictions to the content necessary for using the service (hereinafter „service content“). The license is granted solely for the proper and ordinary use of the provider’s services, with restrictions outlined below.
      • Limitations of User License: Except as expressly stated in these terms, the user may not modify, alter, copy, reproduce, distribute, publicly communicate, transmit, rent, lend, display, perform, publish, sublicense, transfer, or sell any information, original or duplicated, related to the service content. The user must not attempt to obtain any copies of the work (even for personal use) or any materials or information related to services that have not been or are not publicly accessible or provided through servers operated by the provider. The user undertakes not to use the service content for any purpose other than using the services.

    3.5. Trademark and Intellectual Property Rights:

    • The user acknowledges that, based on these General Terms and Conditions, they are not authorized to use the provider’s trade name, trademarks, logos, domain names, o1r any other designations and commercial elements of the provider.

    3.6. License to User Content:

    • If the user provides the provider with their texts, images, videos, copyrighted works, or other user content in connection with using the service (hereinafter „user content“), the user expressly and voluntarily grants the provider a non-exclusive license for the methods of using user content detailed below (hereinafter „license to provider“). The license applies to documents, information, or other data that the user sends or otherwise transfers through the service to the web pages of any server used by users of the provider’s services.
      • The user declares and guarantees to the provider that they are authorized to grant a license to the provider under these terms and that providing such a license by the user or its use by the provider will not violate the rights of third parties.
      • In line with the nature of the provided service, the provider is authorized to use, modify, edit, copy, distribute, transmit, or otherwise communicate user content to the public, or otherwise disseminate, display, perform, reproduce, publish, or otherwise make it accessible to all users of the worldwide internet through servers operated by the provider, or create composite or derivative works from them—all within the specific usage conditions of the respective service and the duration derived from the nature of the specific service provided.
      • The provider commits not to use user content for any purpose other than providing services.
      • The provider is not obliged to use user content in any way and is authorized to remove it from servers operated by the provider at any time at its discretion.

    3.7. Payment Terms and Subscriptions:

    • User registration and utilization of service features are subject to charges.
    • Additional features of individual services may be subject to charges. Supplementary service features refer to extraordinary options or functions whose activation is not an essential condition for using the basic functionality of the service.
    • Upon service activation, it is possible to use the service for free for 30 days. Subsequently, it is necessary to activate a service subscription.
    • Monthly or yearly service subscriptions can be selected.
    • A subscription can be canceled at any time in the user account.

    3.8. User Conduct Guidelines:

    Violating Legal Regulations:     The user is responsible for the consequences of their actions related to service usage and agrees not to use the services for any activities that are or could be in violation of legal regulations, rules of service usage by the provider, the provider’s legitimate interests, these terms, or generally accepted principles of using services provided through the internet.

    Respecting Rights: The user must always respect the rights of the provider, affiliated parties, and third parties, especially in dealing with copyrighted works and other intellectual property rights.

    The user must not:

    • Use any service in violation of these General Terms and Conditions.
    • Commercially use any service in a way that could harm the provider, e.g., create user accounts for the purpose of transferring them to other users for consideration or free of charge.
    • Obtain usernames and/or passwords of other users of the provider’s services or third-party services and products.
    • Abuse, block, modify, or otherwise alter any part of the service or attempt to disrupt the stability, operation, or data of the services.
    • Use their user account for sending unsolicited messages (spam, hoaxes, etc.) in any form, viruses, or other illegal or annoying content.
    • Use their user account for excessive batch sending of messages, notifications, and other communications.
    • Create an impression that another legal or natural person than the user is the user of the service or create user accounts with parameters (e.g., email address) that may cause offense or violate moral or ethical rules.
    • Use their user account for sharing or exchanging data through Peer To Mail technology (e.g., peer2mail, OpenP2M, etc.).
    • Attempt to act in any way prohibited here.

    Sanctions: In case the user uses any service in violation of these General Terms and Conditions, the provider has the right, at any time, without prior notice and without any claim from the user, to terminate or limit service provision, delete, remove, or otherwise make user content inaccessible, or cancel or block the user account. The user acknowledges and agrees that the violation of the prohibitions stated in these terms may lead to the consequences mentioned above.

    Inactive User Account: If the user’s subscription to their user account is canceled, the provider is entitled to cancel such an inactive user account and delete all data.

    4. DATA PROTECTION

    • Processing of Personal Data. By completing the registration (i.e., filling out the registration form, checking the box, and submitting the completed registration form), the user acknowledges that the provider, as the data controller, processes their personal data in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation), Act No. 110/2019 Coll. on the processing of personal data, Act No. 480/2004 Coll. on certain information society services, Act No. 127/2005 Coll. on electronic communications, and other legal regulations governing the protection of personal data, as well as in accordance with these General Terms and Conditions. By completing the registration, the user confirms that they have familiarized themselves with the „Principles of Personal and Other Processed Data Protection.“
    • Transfer of Personal Data. By completing the registration, the user further acknowledges that there may be a transfer of the user’s personal data to affiliated entities operating interconnected servers, for internal administrative purposes of the provider’s group. These affiliated entities are obliged to secure any transferred personal data against misuse to a minimum extent comparable to the provider.
    • Statistical Data. The user acknowledges that the Provider may process anonymized data obtained in connection with the provision of services for the purpose of publishing registration and statistical data of the provider and affiliated entities and using them for further development and operation of the provided services. The user acknowledges that anonymized data is not considered personal data within the meaning of the General Data Protection Regulation. The Provider is entitled to communicate statistical data in anonymized form to affiliated entities for the purposes of operating interconnected servers.

    5. RESPONSIBILITY, EXCLUSION OF WARRANTIES, AND THIRD-PARTY OBLIGATIONS

    • Exclusion of Warranties. Unless otherwise specified in the terms relating to the service, the services provided by the provider to the user are provided „as is.“ The provider does not provide any warranties to the user regarding the services.
    • Prevention of Damages. The user undertakes to take all reasonable steps to exclude or limit the possibility of harm or other adverse consequences on their part in connection with the use of services.
    • The provider is not liable to the user for any direct or indirect damage or loss arising from the use of services, the provider’s content, or the content of third parties, or the restriction or termination of the provision of services. The provider specifically disclaims responsibility for:
      • Any consequences of providing incorrect, inaccurate, or incomplete user data during registration,
      • Any consequences of the user’s breach of obligations regarding the protection of passwords and access credentials to the user account,
      • Any other consequences of using the services. The provider and the user declare that the intention of the contractual parties is, to the maximum extent permitted by mandatory provisions of legal regulations, to limit the provider’s liability in connection with the services to the user.
    • Liability According to Special Regulations. In accordance with the provisions of § 3, 4, and 5 of Act No. 480/2004 Coll. of the Czech Republic, on certain information society services, in its valid wording, the provider is not responsible for the user’s content.

    6. CONSENT TO TERMS AND THEIR AMENDMENT

    6.1. Consent to Terms:
    Each user is required to familiarize themselves with these terms and express their consent before commencing the use of services. Consent can be expressed either directly by clicking the button indicating agreement with the wording of these terms or effectively by the user starting to use any of the services. If the user does not agree to these terms, they are obliged to refrain from using the services.

    6.2. Changes and Effectiveness of Changes to Terms:
    Changes to Terms. The provider is authorized to unilaterally change the content of these terms at any time. The provider will inform the user of the changes to the terms.

    Effectiveness of Changes to Terms. Any changes to these terms take effect on the date determined by the provider, but only in relation to each user if the user agrees to such a change. The user may express consent either by clicking the relevant button indicating agreement with the changed terms or by continuing to use the services after the date determined by the provider as the effective date of the changed terms. If the user does not agree to the changes in the terms, they are obliged to refrain from using the services after the date determined by the provider as the effective date of the changed terms. To eliminate any doubts, the parties declare that a user who has previously registered before the effective date of these General Terms and Conditions within the use of any of the services and continues to use the services based on the original registration is deemed to be a user under these General Terms and Conditions without further action and is considered to have registered within the meaning of Article 2 of these terms.

    7. VARIOUS

    7.1. Relationship with Affiliated Persons:

    • Content of Affiliated Servers. The provision of services by affiliated persons (i.e., members of the Mitsudata group and related rights and obligations are governed by these General Terms and Conditions unless the contractual terms of the respective affiliated server specify otherwise.

    7.2. Relationship with Third Parties::

    • Content of Third Parties. The provider is not responsible for the content of third parties displayed or provided to users within the services, especially for advertising messages from third parties displayed within the services and third-party software offered to users for download within the services. In particular, the provider is not responsible for ensuring that the content of third parties does not infringe the rights of others.
    • Content of Third-Party Servers. Servers or services of third parties are not controlled by the provider, and the provider is not responsible for the content of any third-party servers or for the content of any links contained on the websites of third parties, nor for any changes or updates to third-party servers. The provider is not responsible for any form of transmission received from any third-party server. The linking of third-party servers to the provider’s services does not imply that the provider approves the content of these servers or is in any way connected with their operators.
    • Access to Personal Data and User Account. Personal data will be made accessible to a third-party server only if the user logs in to connect with the service on this server. Once a third-party server, to which the user has logged in for connection with the service according to the preceding sentence, requests the provider to provide the user’s data, this data will be securely transmitted to this server using modern technology to ensure the security of transmitted data.
    • Use of Personal Data on Third-Party Servers. The user is responsible for familiarizing themselves with the statement on the principles of using personal data and the terms of its use on each third-party server they visit and ensuring that they agree with the way their personal data is used on the respective third-party server.

    8. FINAL PROVISIONS

    • The contractual relationship between the provider and a user who is a consumer is governed by these terms, the relevant provisions of the Civil Code, and Act No. 634/1992 Coll., on Consumer Protection in the Czech Republic, both in their valid wording, as well as related regulations.
    • The contractual relationship between the provider and a user who is not a consumer is governed by these terms to the extent they apply, and the relevant provisions of the Civil Code.
    • Special agreements between the provider and the user deviating from these terms take precedence.
    • Neither the provider nor the user wishes for any rights and obligations to be inferred from the past or future practices established between the parties or customs generally observed in the industry related to the subject matter of their contractual relationship unless otherwise agreed in writing. In addition to the above, the parties confirm that they are not aware of any business customs or practices established between them.

    This version of the terms takes effect on January 1, 2024.