This Acceptable Usage Policy of the Product Web Site is an integral part of Terms and Conditions published on Product Website.
The company Samohyb s.r.o., Company ID: 03513386, place of business Malátova 2417/31, Ústí nad Labem-centrum, 400 11 Ústí nad Labem, Case number C 34788 at the Regional Court in Ústí nad Labem, Czech Republic, Europe. (hereinafter referred to as the “Provider”) respects your privacy and process your data in compliance with the law of personal data protection.
At the same time, we would like to inform you about how we obtain information from your device to ensure the functionality of our product. For more detailed information, see "How do we ensure the stability of our product?" below.
We process the following personal data necessary for the performance of the Contract and for meeting legal obligations that apply to us.
Due to security reasons we use cloud services of Amazon Web Services, Inc., 410 Terry Avenue North, Seattle, Washington 98109-5210 (hereinafter referred to as the “Amazon”) for running user databases and systems for storing and securing your data. Amazon is in compliance with the law of personal data protection and data security is protected by data processing agreement.
We keep your personal data only for the duration of the Contract and taking into account the need to answer the questions or resolve problems and meet our legal obligations. We can process the data for statistical reasons but in that cases the data will be pseudonymised or anonymised. Data, which you provide via email communication, will stay stored at our mail servers. Server logs are being automatically rotated and kept for max. 6 months.
We use several payment processing gateways and terminals on our product websites but we don’t have any access to your bank account numbers or credit card numbers, which you enter during the payment process.
In order to further improve our solution, to ensure the stability of our product and to detect any bugs and flaws that appear in our product, we obtain some technical information from your device. In the event that an error occurs in the use of our product, we will record information about this error through a specific tool. This includes the following information:
We are not able to identify you from any information we obtain in this way. However, should you become identifiable, we may process this data based on our legitimate interest in ensuring the functionality of the product and reporting bugs.
To obtain the above information, we use a third party tool called Sentry, which is operated by Functional Software, Inc. This company is located in the USA and the above mentioned information may be shared with them. Should personal data be involved, the Functional Software, Inc. terms and conditions include a data processing addendum that contains the standard contractual clauses and other warranties, which are described in this addendum (link to addendum here).
The above information will only be stored while the error is resolved and thereafter all information will be removed.
You have the right to opt out from receiving marketing messages. You can do it by following the instructions in received marketing email or via contact form at our product website. In case of opt out we will use your email only for administrative communication such as order confirmation or notifications related to your services.
If you want to know if we process your personal data, you have the right to get information if we process your personal data and also the right to access your personal data.
In case you think that we process inaccurate and untrue personal data about you, you have the right to request the correction. You can make the correction via members area at our product website or send the correction request via contact form at our product website.
In case that you suspect that by processing your personal data we interfere with the protection of your personal and private life or that your personal data is being processed or that your personal data is being processed in violation of the law, you may request an explanation from us.
In case you believe in violation of your privacy, you can contact the Authority of Personal Data Protection (www.uoou.cz).
In case you want us to delete your personal data we can no longer fulfil the contract. We need to close your account and close the contract alongside to data deletion. You can request the account closure and data deletion via members area at our product website (button close account). You can also request the account closure and data deletion via contact form at our product website.
Please use the contact form at our product website for any requests regarding to your rights. We reserve the right to verify your identity in an appropriate manner.
"PROVIDER" means the company Samohyb s.r.o., Company ID: 03513386, place of business Malátova 2417/31, Ústí nad Labem-centrum, 400 11 Ústí nad Labem, Case number C 34788 at the Regional Court in Ústí nad Labem, Czech Republic, Europe.
"SERVICE" means any of the information company services provided by the Provider. Services are available through the Product Web site.
"PRODUCT WEBSITE" means the Internet address through which any of the Services provided by the Provider are available and accessible, namely the following websites (Product Sites): https://samohyb.com, https://www.goodaccess.com
"USER" is a person who uses any of the Services provided by the Provider on the basis of the Agreement. It does not make a difference whether the Service is provided for a fee or not.
"BUSINESS TERMS AND CONDITIONS" means the business terms that govern the mutual rights and obligations between the User and the Provider upon each use of the Service. By signing up for the account, and/or paying the Service price, and/or by any use of the Services provided through the Product Website, the User expressly agrees to be bound by a valid and effective version of these Terms and Conditions and undertakes to their observance. The parties undertake to adhere to the Business Terms and Conditions in a valid and effective manner published on the Product Website.
The Services provided or supplied by the Provider through the Product Website are information society services. Services are usually provided for a fee. If the description of the Service specifies it, the service can be provided free of charge. The Provider is a provider of information society services. The Provider provides different Services in the field of VPN hosting, the names of which are listed on the Product Website. Detailed descriptions and features of different Services, including the name of each Service, its most prominent feature and price, are published on the Product Website. Every ordered Service must be paid for before it can be provided, unless the Provider stipulates otherwise for a given type of Service. The provision of Services is limited in time, based upon the duration of the Service ordered and paid for by the User. Neither Users nor future Users have any legal entitlement to use any Services or to enter into a Contract.
The condition for using any Service is, according to the nature of the Services: a) a prior free of charge registration of a future User in the Product Website and/or b) the download of the application available through the Product Website and its installation, and/or c) carrying out a step needed for the start of using the Service (such as a "click-on license", etc.). By carrying out any of the actions referred to in a), b) or c), the future User expresses an unconditional acceptance of these Terms and Conditions. A User who is a natural person must be of age and must have full capacity to enter into a legal relation according to his national legal order or at least according to the legal order of the Czech Republic. A User who is a legal entity must be a legal entity which has full capacity to enter into a legal relation according to its national legal order or at least according to the legal order of the Czech Republic. A User who is a legal entity must be a legal entity which has been duly registered and established according to a valid legal order of the country where it has registered its seat or structural component. Only a legally entitled person or a duly authorised person may act as a representative of the User who is a legal entity. When registering and setting up a user account on Product Website, if the providing of the Services so requires, the future User is obliged to enter information required by the Provider in the registration form. All the registration information required by the Provider must be truthful, full and correct, which is solely the User’s responsibility. It is obligatory to provide this information; the User cannot use the Service without providing the information. By proper registering, a future User becomes a User. After registering, the Provider sends a confirmation e-mail of accomplished registration, and other information about the User’s account to the e-mail address entered by the User during registration. By this, the User’s account on the Product Website is activated. The User accesses his/her account via the Members area on the Product Website.
The required Service is ordered by the User himself, by logging in to his account in the Members area on the Product Website. By ordering any Service, irrespective of whether the Service is paid or free of charge, the User expresses his will to enter into a Contract with the Provider according to article 5 of these Terms and Conditions and to duly fulfil his duties and obligations according to the Contract and these Terms and Conditions. An "order" of the Service, in the scope of these Business Terms and Conditions, is any act or action under Article 3 a), b) or c). A Service order consists primarily of a specification of the required Service, the duration of the Service and its price – if the relevant Service is provided for payment. The Provider reserves the right to verify the identity of the User via a SMS message or e-mail, and thus carry out the verification process of the person of the User. The User agrees with identity verification via an SMS message or e-mail. Before the verification process is complete and the price for the ordered paid Service is paid, the Provider is not under any obligation to provide any Services to the User or to allow for the usage of any Services. The User knowingly agrees that the ordered paid Service shall be activated only after the payment for the Service is settled.
By ordering the required Service (including a free, time-limited trial Service), i.e. by ordering the Service on the User’s part and its unconditional acceptance on the Provider’s part, the User and the Provider enter into the Contract for the provision of a Service (hereinafter referred to as the “Contract”). Contract becomes effective by creating a User account on the Provider’s Product Website, or by performing any action pursuant to Article 3. a), b) or c) of these Business Terms and Conditions, by the unconditional Confirmation of the User’s order, or by creating an account or by executing of any action under Article 3 (a), (b) or (c) of these Terms and Conditions. The Contract becomes effective when the User starts using the Service, at the latest. Confirmation of the Contract will be sent to the User by the Provider via the Members area contact e-mail. The User can access the confirmed order, i.e. the Contract, via his account in the Members area on the Product Website. By ordering a Service, the Provider and User confirm that a written form of the Contract concluded with the Provider via means of long-distance communication is preserved. The Contract between the Provider and the User is concluded according to prov. § 1746 par. 2 of Act No. 89/2012, the Civil Code, as amended (hereinafter referred to as the “Civil Code”) and related legislation, with which the User unreservedly agrees and confirms his consent by placing an order for the given Service. By ordering any Service, the User expressly agrees that the obligation relationship established by the Contract between him and the Provider shall comply with the Civil Code. The Contract stipulates that the Provider undertakes to provide the ordered Service to the User and the User undertakes to pay the price for the ordered Service to the Provider according to the Provider’s pricelist (unless it is a free, time-limited trial Service run, or if not stipulated by the service otherwise). The Service is provided for the duration for which it has been ordered by the User. The Terms and Conditions are an integral part of every order and every Contract. The Contract, the Terms and Conditions and the Pricelist constitute a full agreement between the Provider and the User and determine the scope of rights and responsibilities arising out of the Contract.
The User may use his user account in the Members area on Product Website as well as the Service itself only within the scope prescribed by a specific Service that he has ordered and only in compliance with these Terms and Conditions. In his own interest and at his own risk, the User is fully liable for the truthfulness, completeness and correctness of all the information he entered at registration on the Product Website, and also for the specific Service he has ordered.
The use of all Services with a consideration provided by the Provider is charged under conditions stipulated further (with the exception of a free, time-limited trial Service). Services free of charge are described as such. The prices for Services provided vary according to the type of Service required by the User. The price for a given type of Service is determined by the Price List published on the Product Website (hereinafter referred to as the “Price List”). By registering, and/or doing any of the actions referred to in Article 3 a), b), c) of the Business Terms and Conditions, the future User expresses his acceptance of the Price List, which is an integral part of these Terms and Conditions and the Contract. The payment of the price for the Service ordered is settled through one of the online payment services available on the Product Website, unless the User and the Provider specifically agree otherwise. The prices for Services are final. This does not prejudice the right of the Provider to change prices according to the Price List for Services provided. The change of the Price List does not affect the price of a Service that has already been ordered and paid for. The User is obliged to pay the price for the Service ordered to the Provider duly and punctually. The Provider shall send every User that has paid the price for a Service a payment acceptance confirmation. The Provider will issue a regular tax document to the User without undue delay after payment of the price and its crediting to the Provider's account. An issued tax document is available to the User in an electronic form through the account on Members area. All of the expenses related to the Internet connection and the provision of connectivity when using the Services are assumed by the User.
The User unreservedly agrees with important information related to the Services provided or his user account, as well as other operations, submissions or messages related to or arising from these Terms and Conditions being delivered to the User by the Provider electronically, directly to the User’s account in the Members area in the form of text messages or in the form of e-mails delivered to the User’s e-mail address (hereinafter referred to as “Messages”). The parties to the Contract have agreed that electronic messages are considered as messages in written form. A sent message is considered as delivered to the User on the day following the day it was demonstrably sent by the Provider, at the latest. In his own interest, the User undertakes to check his account and contact e-mail regularly and to maintain updated and truthful as well as to update without unnecessary delay all of his contact information related to the use of Services. The data is updated by the User himself in the interface of his user account in the Members area on the Product Website. The User is allowed to contact the Provider through the contact form available on the Product Website or through his/her user account. The details of the User’s electronic contact may be used by the Provider in order to spread commercial messages towards the User, with which the User unreservedly agrees. The User expresses his consent with commercial messages being sent to him in compliance with Act No. 480/2004, the act on certain information society services, as amended, and for the period of three years after the termination of the Contract with the User’s right to withdraw his/her consent at any time.
The user acknowledges that processing of personal data that the Provider has received from the User in connection to the Contract, with effect from May 25th, 2018, shall be governed by the Regulation of the European Parliament and of the Council (EU) 2016/679 from April 27th, 2016 on the Protection of Individuals with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/ES (General Protection Regulation of personal data) (hereinafter referred to as the "Regulation" or "GDPR"). Personal information provided to the Provider by the User by signing up for Product Website, by order of Services, and/or any of actions under Article 3 a), b) or c) of the Business Terms and Conditions, or by signing the Contract, are processed by the provider for the following purposes: a) fulfilment of the Contract to which the User is a party, b) execution of measures taken prior to the conclusion of the Contract, upon request of the User; c) fulfilment of the legal obligation which applies to the Provider as the administrator, d) processing of applications for information, e) keeping records of Users, invoicing, tax and accounting purposes f) sending of business messages and other messages through the Members Area; g) execution and verification of the User's payment transaction through third-party payment gateways; h) creation of Users' databases, i) statistical purposes; and j) collecting and storing server logs that are needed for delivery Services and performance of the Agreement. Processing also applies to IP address or addresses. The Provider protects the User’s personal data against their unauthorised abuse and publishing. However, the Provider is allowed to hand over the User’s personal data to relevant entities, such as law enforcement authorities, state administration bodies, courts, administration bodies or relevant international bodies or a damaged third party, which he does based on a demand from a relevant entity, in case there is a reasonable suspicion that the User used the Services for illegal activities which will lead or lead to criminal, administrative or other similar proceedings, or through which the User caused or could have caused proprietary or non-proprietary harm to a third party. This way, the Provider can only provide data related to a specific User. Legal basis (title) for the processing of personal data is: a) processing is necessary for the performance of the Contract in which the User is the contracted party, and/or b) processing is necessary for execution of measures taken prior to the conclusion of the Contract upon the User’s request, and /or c) processing is necessary for meeting legal obligations that apply to the Provider as the administrator, and/or d) processing is necessary for purposes of legitimate interests of the Provider as the administrator or a third party.
The Provider respects the User’s privacy and does not communicate any information about the User or his activities to any third party with the exception of the cases explicitly stated in these Terms and Conditions, or as stipulated by the law. The Provider neither tracks the content of the information transferred or saved by the User nor actively searches for realities and circumstances pointing to the illegal content of the User’s information or potential illegal activities of the User. The Provider respects the User’s privacy and does not track the User’s activities when using the Services. The Provider is allowed to save server logs that are created or processed when ensuring the services provided by the Provider or when performing the Contract, for maximum of 3 calendar months from their acquisition. Server logs are not used for tracking of transmitted content or censoring of the User’s Internet activities. Server logs are saved primarily for tracking hardware utilisation, identifying software errors and defects, identifying potential security breaches, ensuring technical aspects of Service operation and the potential identifying of illegal activities which are in contradiction to these Terms and Conditions.
Notwithstanding other provisions of the Contract or these Terms and Conditions, the Provider cannot be held responsible by the User for any breach of his contractual or legal obligations in the event of the breach happening as a result of a force majeure which also includes, according to the agreement of the parties to the contract, a natural disaster, a blackout, the Provider’s hardware or software equipment malfunction, defect, the attack of a hacker or a virus on the Provider’s or his subcontractor’s hardware or software, the Provider’s or his subcontractor’s server overload, the malfunction of the Provider’s or his subcontractor’s hardware device or software equipment, the breakdown of connectivity or Internet connection, the disturbance or disruption of the electronic communications network protection or safety, etc.
The Provider or his contractor or another third party carry out regular hardware and software maintenance of the technical devices through which the Services are provided. To this end, the Provider is allowed to restrict or completely suspend the provision of Services or any Service at any time for an unlimited period of time (hereinafter referred to as “Maintenance Shutdown”). A Maintenance shutdown shall be announced to the User via his account on the Product Website. In the event of a force majeure or other events unforeseeable by the Provider, the Maintenance Shutdown or other Service malfunction may not be announced in advance and in time to the User. In the case of a Maintenance Shutdown under the above-mentioned conditions, the User cannot hold the Provider responsible for possible damages of any kind. A Maintenance Shutdown does not constitute a claim for the reimbursement of any monetary performance accepted by the Provider from the User.
The Provider undertakes to make the needed effort that may be rightly required of him in order to ensure failure-free and trouble-free provision of Services with minimum amount of malfunctions or service inaccessibility. Although the Provider undertakes to ensure a due provision of Services for the User with minimum amount of malfunctions, restrictions, or maintenance shutdown, the Provider cannot guarantee or ensure permanent and uninterrupted availability of the Service to the User for the duration of the Contract. The provision of the Service is dependent on a whole range of events that cannot be influenced by the Provider’s will or power, such as a connectivity breakdown, hackers’ attacks, restrictions by the local provider, restrictive Internet access regulation, etc. The Provider has no control over the quality of the User’s Internet connection and the quality of local or international data lines. In this respect, the User knowingly agrees that the Services provided may not always be available or they may be restricted or there may be a malfunction. A malfunction or a Service restriction does not constitute a claim for the reimbursement of any monetary performance accepted by the Provider from the User.
The Contract is discharged: a) by an agreement of the parties to the contract, or b), by the User’s withdrawal, or c) by the revocation of the Contract by the Provider, or d) by the revocation of the Contract by the User under the conditions described in this article of these Terms and Conditions. The User is allowed to withdraw from the Contract for reasons stated by law. Within three calendar days after ordering the Service, the User also has the right to withdraw from the Contract without stating a reason and with the right to be compensated for the price paid to the Provider. The User is not allowed to withdraw from the Contract if he has already started to access or use the Service (this does not relate to the right to withdrawal within three calendar days after ordering the Service). The parties to the Contract have decided that the User’s withdrawal from the Contract does not constitute any claim of the User for the compensation of the price paid to the Provider, unless explicitly stipulated otherwise by these Terms and Conditions, Contract or the law regulation. At any time, the User is allowed to ask the Provider to terminate the Contract without a claim for the compensation of the price paid for a Service, or to terminate the Contract immediately by notice based on his/her free will. The User applies for Contract termination through the contact form on the Product Website. Contract termination by the immediate notice will be made by the User through his/her own account in the Members area, by choosing the “close account" button. Immediate notice on the part of the User will immediately terminate the Contract, including the removal of User‘s personal data, except for those with the purpose and legal title of processing. The Provider reserves the right to immediately terminate the Contract concluded with the User and to immediately terminate the provision of the Service to the User without compensation if: a) the Provider receives a complaint from a third party related to the User’s activities when using the Services, where the content of the complaint points to illegal activities of the User or activities of the User that are in contradiction to the content of these Terms and Conditions; or, b) the Provider has been informed about possible illegal activities of the User; or c) the User has in any way violated an obligation arising from Acceptable Usage Policy of Product Website; or these Business Terms and Conditions, or d) the User’s account has been set up on the basis of untruthful, incomplete or false information; or e) the User has violated any obligation arising from these Terms and Conditions (such as the obligation to duly pay for an ordered Service) or from the law; or f) there has been a termination or a restriction of the Provider’s or his sub-contractor’s activities; or g) the Provider is obliged to do so with regard to valid legal provisions or the decision of a court or another authorised body; or h) the Service has been used in an unauthorised way or it may potentially be abused; or i) there is a reasonable suspicion or a concern about an increase in safety risks or other measures related to the safe usage of the Services or about the Provider’s or a third party’s rights or legitimate interests being endangered. The termination of the Contract by the Provider according to this article, no matter what specific way, does not constitute any claim of the User for the reimbursement or compensation of paid amount accepted by the Provider from the User. The User shall be informed about the Contract being terminated through his contact e-mail or through the Members area interface.
Both the Provider and the User are obliged to make all the effort that may be rightly required of them in order to reach an out-of-court settlement based on the Contract and these Terms and Conditions. If an out-of-court settlement of the potential dispute is not possible, the Provider and the User as parties to the Contract have decided that all property disputes that have arisen from the Contract or are related to it shall be settled in the Czech language, in ordinary courts the Czech Republic. The User and the Provider agree that the aforementioned provision remains valid even after the validity and the effect of the Contract expire.
The rights and obligations of the parties to the Contract arising from the Contract and these Terms and Conditions, including the registration of a future User, the ordering of a Service, the conclusion of a Contract, its validity and effect, as well as related rights and responsibilities, are governed exclusively by the legal order of the Czech Republic. All legal relations between the Provider and the User that are not explicitly regulated by these Terms and Conditions are thus governed by the legal order of the Czech Republic, particularly by the relevant provisions of the Civil Code.
The Provider and the User have agreed that all actual damage, including any consequential damage and loss of profits, that can be incurred by the User because of one or more violations of the Provider’s contractual or legal obligations (hereinafter referred to as “Damage”), can amount only to the price that the User paid to the Provider for an ordered Service, and therefore the parties to the Contract have mutually agreed that the User can hold the Provider responsible only for a possible damage or loss amounting up to the total price that the User paid for an ordered Service. The User and the Provider agree that the aforementioned provision remains valid even after the validity and the effect of the Contract expire. The User, as a promisor, thus unreservedly and unconditionally promises to the Provider, as a promisee, to compensate, free of any limitation and at full cost, for any damage and loss of profits which can be incurred by the Provider or a third party on the basis of the Contract from a reason on the User’s side, or which has demonstrably been incurred by the Provider or a third party for a reason attributable to the User. The User thus irrevocably and unconditionally undertakes to compensate upon the Provider’s request for damage that is incurred in relation to the provision or usage of Services or as a result of the violation of any of the User’s obligations arising from these Terms and Conditions, Contract or law regulation. The User shall compensate for the damage to the Provider within thirty calendar days after receiving the request from the Provider for damage compensation. The User’s promise of damage compensation is made in written form and it is considered as delivered to the Provider on the day the Contract becomes effective. The promise of damage compensation remains valid after the termination of the Contract for 10 calendar years after the termination of the Contract.
If there is a contradiction or an ambiguity between the various language versions of these Terms and Conditions, the Czech language version is applicable. If a provision included in these Terms and Conditions or in the Contract was, for whichever reason, invalid or ineffective, this does not constitute the invalidity or ineffectiveness of other parts and provisions of these Terms and Conditions or of the Contract. Any omission or failure to exercise the Provider’s rights arising from the Contract or these Terms and Conditions shall not be considered as a waiver of these rights and results neither in the extinguishment of the Provider’s rights nor in the extinguishment of the possibility to claim or enforce these rights. The User and the Provider have agreed that if the Provider returns to the User a monetary obligation accepted from the User, the Provider returns it to the User without any contractual or legal interest. The parties to the Contract have further agreed that without the Provider’s prior written consent, the User is not allowed to delegate any rights, obligations or covenants based on or arising from the Contract, including these Terms and Conditions, to any third party.
These Terms and Conditions become valid and effective on May 25th, 2018. The valid and effective version of the Business Terms and Conditions is published on the Product Website. The Provider is allowed to change his Terms and Conditions. The language of communication between the Provider and the User is English or Czech, unless the User and the Provider agree otherwise. An integral part of these Terms and Conditions is Acceptable Usage Policy published on the Product Website.