1. INTRODUCTORY PROVISIONS
- The operator of the BankID Developer Portal available at the internet address https://developer.bankid.cz/ (the “Portal”) is Bankovní identita, a.s., Company ID number: 095 13 817, with its registered office in Smrčkova 2485/4, Libeň, 180 00 Praha 8, registered in the commercial register administered by the Municipal Court in Prague, section B, insert 25672 (“BankID”).
- The User is obliged to get acquainted with the ToU upon sign-up and always in case of changes made to the ToU. By signing up to the Portal and by using it, the User confirms that he/she has read the ToU and agrees with them.
2. SIGN-UP AND USER’S ACCOUNT
- The User may use this Portal only after sign-up. During the sign-up process, the User must fill in complete, accurate, and true data. BankID is entitled to verify the accuracy, veracity, and timeliness of the entered information at any time and to this end to contact the User him/herself or other entities.
- A selection of a unique username and password defined by the User is a part of the sign-up process. The User is responsible for the confidentiality of his/her password. Both the username and the password are highly confidential, personal, and non-transferable. In the event of non-compliance, the User bears the sole responsibility for all damages caused to BankID or third parties as a result of the loss or transfer if this information.
- If the User does not fill in complete, accurate, and true data and/or the User chooses a username which, at its own discretion, BankID finds offensive or in any way inappropriate, BankID may delete the User’s account or rename it without any notice and compensation to the User. BankID may also delete any account which BankID identifies as created by a robot or any program, script, or similar software of any kind.
- The User must immediately inform BankID if a third-party gains access to his/her account and/or said third party interferes in any way with the User’s confidential information and the User is unable to change his/her password to ensure security against third-party access. Based on this received information, BankID will, at its sole discretion, either deactivate the User’s account or change the User’s password.
3. CONTENT OF THE PORTAL
- The Portal, including its content, text, visualizations, design, trademark, all images and all databases forming its content (the “Content”) is protected by intellectual property rights, including copyright, database rights and rights to trade names and trademark protection.
- The User acknowledges that BankID is entitled to change, supplement or delete Content, to perform updates, upgrades and to improve or otherwise change the Portal at any time, for any reason or without giving a reason.
- By using the Portal, BankID declares and the User expressly acknowledges that BankID is an authorized user of all intellectual property rights to the Portal’s functions and the Portal itself, and above all is entitled to give consent to any use of the Content in accordance with Act No. 121/2000, on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act), as amended.
4. USING THE PORTAL
- While using the Portal, the User is obliged to:
- not use the Portal in a way that could in any way damage the Portal, prevent its operation or overload it, as well as otherwise damage or restrict other Users;
- not upload or distribute or share any, even if only indirectly, malicious, offensive or otherwise illegal software or other code containing computer viruses, spyware or malware, or otherwise upload files or other computer programs that may damage, monitor or alter the operation of the network or computers owned by BankID or a third party;
- not upload harmful, misleading, discriminatory, fraudulent, violent or otherwise unlawful content to the Portal, or upload content that infringes the rights of third parties;
- not attempt to interrupt or compromise the security of the Portal, its appearance, integrity or availability and/or the Content or the Content uploading methods, or otherwise attempt to damage the Portal or the Content, other Users’ accounts or BankID’s administrator accounts, access passwords, servers or network elements;
- not attempt to gain unauthorized access to the Portal or the Content, other accounts and other computer systems, in particular, but not exclusively, through hacking or phishing, and to generally not attempt to gain access to any Content that was not intentionally provided by BankID within the Portal;
- not collect the Content or other Portal data through automated means without BankID’s consent;
- not unauthorizedly obtain any data about other Users, including but not limited to their e-mail addresses, in particular, but not exclusively, for the purpose of sending unsolicited commercial communications;
- not perform automated sign-ups to the Portal and/or perform sign-ups for any purpose other than for the purposes arising from these ToU.
- BankID is entitled to cancel the User’s sign-up or User’s account and thus deprive him/her of access to the Portal, if the User uses the Portal in violation of the legislation of the Czech Republic, good morals or if the User violates these ToU. BankID may apply any of the following sanctions: User notification, immediate restriction of use or prohibition of use of the Portal against the User and require of the User immediate destruction of any unauthorized material obtained from the Content of the Portal.
- BankID grants the User a non-exclusive, territorially unlimited right to use the Portal and the Content, that is to display the Content and to use commonly accessible functionalities of the Portal (the “License”).
- BankID grants the User the License for the duration of the existence of the User’s account, but no longer.
- BankID grants the License to the User free of charge.
- The User has no obligation to use the License.
- The User has no right to create copies of the Content or to distribute, rent, lend, display, communicate to the public, extract and utilize or otherwise use the Portal or the Content, without express permission from BankID.
- The User has no right to cede this License to a third party or to grant the rights forming this License to a third party as a whole or in part as a sublicense.
6. LIABILITY AND LIMITATIONS
- The User uses the Portal and its Content at his/her own risk, unless expressly stated otherwise in these ToU.
- BankID is not obliged to ensure constant and uninterrupted availability of the Portal. Neither BankID, nor third parties are obliged to pay any direct or indirect damages incurred as a result of the inability to connect to the user account in the Portal and/or the User’s inability to use the Contents.
- BankID is not responsible for server outages of a technical nature caused without BankID’s fault.
- BankID is not responsible for the grammatical correctness, completeness and timeliness of the Content and other information uploaded to the Portal.
- BankID is not responsible for any potential damage and is not obliged to compensate for any direct or indirect damage or loss of profit that may be incurred by the User or any third party in relation to the use of the Portal and its Content, any change in the Content or the Portal, or which could arise or has arisen on the device through which the User tried to gain access to the Portal, including the loss of profit or loss of any data.
- The User undertakes that when using the Portal, he/she will follow the effective legislation in the Czech Republic, will always act in accordance with these regulations, good morals and these ToU and will not in any way damage the good name of BankID or other Users.
7. LINKS TO THIRD-PARTY SITES
- Links to third-party sites located in the Portal are provided for the convenience of the User. When using these links, the User leaves the Portal. BankID is not responsible for any of these third-party sites or for their content, information, software, products or the results of their use.
- In order to ensure the security, the Portal contains adequate security elements. The security measures are regularly revised and adjusted in accordance with current technical requirements.
- Where technically possible, all data transmissions with the Portal are encrypted. The connection of selected external sites with this Portal is also encrypted via SSL.
9. DISPUTE RESOLUTION
- The rights and obligations of BankID and the User arising from these ToU are governed by the Act No. 89/2012 Coll., Civil Code, as amended and other relevant legislation of the Czech Republic.
- BankID and the User undertake to make every effort to avoid mutual disputes arising from these ToU or their relationship, including disputes concerning the interpretation or validity of these ToU, and to try primarily to resolve such disputes amicably through talks between their contact persons or authorized representatives.
- If BankID and the User fail to resolve a dispute amicably, such dispute, including disputes concerning the interpretation or validity of the ToU, will be submitted for decision in accordance with effective legislation to the relevant general court.
10. FINAL PROVISIONS
- The User is not entitled to cede his/her rights and obligations arising from these ToU to a third party without the prior written consent of BankID.
- BankID is entitled to unilaterally change these ToU. BankID is obliged to inform the User about such changes by publishing the information via Portal and e-mail message sent to registration e-mail address at least 15 days before the change takes effect. Changes must be duly notified in accordance with the previous sentence of this provision and shall take effect on the date specified in the amended document. If the amended document does not contain an effective date, changes to the document shall take effect on the first day of the month following the end of the period specified in the second sentence of this provision.
- If any provision of these ToU proves to be invalid or unenforceable, it does not affect the validity or enforceability of the other provisions of these ToU.
- These ToU are valid and effective from 30. 11. 2020.