Terms Of Service Agreement

Website and Its Operator

This website located primarily at https://projectpanel.com/ and other related subdomains of projectpanel.com ("Website") is operated by SonarBytes s.r.o., id. No. 44 653 905, seated at Záhradná 596, Viničné 900 23, Slovak Republic, registered in the Commercial Registry held by the District Court Bratislava I, insert No. 57528/B ("Operator"). The Website is operated as a means for using Operator’s service provided under the brand name "ProjectPanel" and does not serve as Operator's company website in sense of Directive 2009/101/EC of the European Parliament and of the Council of 16 September 2009.

I. Terminology

Operator - SonarBytes s.r.o., id. No. 44 653 905, seated at Záhradná 596, Viničné 900 23, Slovak Republic, registered in the Commercial Registry held by the District Court Bratislava I, insert No. 57528/B.

Website - website located primarily at https://projectpanel.com/ and other related subdomains of projectpanel.com.

Account - an account required to access and/or use certain areas and features of our Website.

Data Controller - the entity that determines the purposes, conditions, and means of the processing of personal data. For the purpose of this document, it is your organization.

Data Processor - the entity that processes data on behalf of the Data Controller. SonarBytes s.r.o. as an Operator is the Data Processor and data are processed in our cloud services based on rules setup by you, Data Processor, in your ProjectPanel cloud application.

II. Terms of Use

THESE TERMS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU AND OPERATOR AND GOVERN USE OF AND ACCESS TO THE SERVICE AND SITE BY YOU, USERS, AND END-USERS WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE OR A FREE USE OF THE SERVICE.

By using this Website or authorizing or permitting any User or End-User to access or use the Service you unconditionally and without reservation accept these terms of use of the Website ("Terms of Use"). If you do not agree to any part of these Terms of Use or if you believe that any part of these Terms of Use is not enforceable in your jurisdiction please discontinue use of the Website and contact the Operator at info@projectpanel.com. Changes may be made to these Terms of Use from time to time. Continued use of the Website will be deemed acceptance of amended or updated Terms of Use. These Terms of Use constitute the whole agreement between the Operator and the user of the Website ("User") regarding use of the Website and supersede any and all other agreements between the Operator and the User, whether written or oral, regarding use of the Website. If the User is using the Website on behalf of a legal entity or another third party such as his or her employer then such third party shall itself be considered a User and these Terms of Use shall aply to such third party as well.

III. User Data and Website Operation

  1. The Website allows the User to enter, edit, organize, and view via Website interface, and to store on the Website remote storage notes, links, and other text or image based data ("User Data"). User Data is entered by the User without any kind of control of the Operator, it is not monitored by the Operator, and the Operator does not actively seek facts or circumstances indicating any kind of illegal activity. It is the User’s sole responsibility that the User does not enter any User Data that may be considered illegal and that the User does not use the Website for any kind of illegal activity. In case the Operator gains actual knowledge of illegal activity or information submitted by the User or becomes aware of facts or circumstances from which the illegal activity or information is apparent the Operator upon obtaining such knowledge or awareness shall remove or disable access to such User Data with or without notice to the infringing User; the Operator may in such case also disable infringing User’s access to the Website and/or his or her User Data with or without notice to the infringing User and without refund of any payments previously made by the infringing User and may inform competent public authorities of alleged illegal activities undertaken or information provided by the infringing User and may communicate to the competent authorities information enabling the identification of the infringing User. Access to any part or features of the Website may at any time upon the Operator's sole and free discretion require registration and/or purchase of access rights irrespective of previous non‑limited availability. The Operator may at any time change or discontinue operation of the Website or a part thereof with or without any notice to the User.
  2. You hereby warrant that any information you submit to this Website is owned by you and that you have the necessary authority to submit such information. You hereby grant Operator a royalty-free, perpetual, worldwide license to display, modify, adapt, create derivative works from, and otherwise use any suggestions, ideas, and information that you provide to Operator.
  3. You further agree that you shall not submit or transmit any content through this Website or to Operator that is:
    • Obscene, vulgar, or pornographic;
    • Encourages the commission of a crime or violation of a law;
    • Violates any state or federal law in Slovakia, U.S. and/or the jurisdiction in which you reside;
    • Infringes the intellectual rights of a third party;
    • Is otherwise offensive or inappropriate based upon the type of content and information provided by Operator and/or third parties on this web site.
  4. Operator reserves the right to remove or otherwise delete any content or submission from you that violates these rules, or which are inappropriate in Operator’s sole discretion, without liability or warning to you.
  5. Operator reserves the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold Operator harmless from any consequences or actions taken by Operator in cooperation with such law enforcement investigation or court order.

IV. Data protection, Cookies and GDPR compliance

We understand that privacy is important to our Users. We respect and value the privacy of everyone who visits our Website and will only collect and use information in ways that are useful to you and in a manner consistent with your rights and Our obligations under the law.

The Website is GDPR compliant. Please read more about data protection, what data we collect and GDPR comliance in our Privacy Policy

V. Disclaimer of Warranties, Limitation of Liability

  1. The services provided by the Website are provided on an as‑is basis and the Operator assumes no warranty for their functionality or usefulness to the User. The Operator, its employees, management, or any other related persons shall not be liable for any damages (direct, indirect, consequential, special, punitive, or other) arising from or relating directly or indirectly to any use of this Website, disruption of its availability, or discontinued operation of the Website. Where such waiver of damages by a User is not legally permissible any damages shall be limited to the amount of payment received by the Operator for such User's use of the Website in the period of one month prior to the claim.
  2. The Operator is not responsible for indirect damages resulting from the provision of Services, such as for lost profits, loss of revenues, loss of data, financial or any indirect, special or consequential damages.In case of force majeure, Parties are quit of its obligations, based on the Agreement, and any non observance (overall or partial) or delay in the fulfilment of obligations imposed by this Agreement, will not be considered violation of the Agreement. For the purpose hereof force majeure shall mean any circumstances where liability is excluded in accordance with Slovak law, including, but not limited to natural disaster, war, change of the political situation that precludes or inappropriately impedes the performance of the rights and obligations hereunder or any other similar reason, event or fact.
  3. By concluding the Agreement, the Client takes into consideration that even with the Operator’s best effort, it is possible that a short–term unavailability of the Service may occur, which is caused by circumstances outside of the Provider’s sphere of influence (e.g. internet connection failure). The Client therefore agrees to and undertakes that all of his data stored within the Service will be backed up on another geographical location(s).

VI. Terms of Sales, Consumer Protection

  1. Delivery and payment conditions: Premium Website access and features may be purchased by User using available standard electronic means through the Website and the sale becomes final and irrevocable upon payment receipt by the Operator.
  2. Alternative Dispute Resolution (ADR), Online Dispute Resolution (ODR): In case of User’s dispute against Operator if the two parties fail to agree on an acceptable compromise User has the right to seek alternative dispute resolution (ADR). The procedure can be initiated in writing or orally (transcript to a protocol) or electronically via an online form which is available on the website of the Slovak Trade Inspection Authority (STI) located at http://www.soi.sk. In case of a cross-border dispute User may require assistance of the European Consumer Centre Slovakia (ECC) whose website is located at http://esc-sr.sk. Dispute resolution can be carried out using the Online Dispute Resolution (ODR) platform located at http://ec.europa.eu/odr.

VII. Severability

The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision hereof. Any invalid or unenforceable provision shall be deemed severed from these Terms of Use to the extent of its invalidity or unenforceability, and these Terms of Use shall be construed and enforced as if they did not contain that particular provision to the extent of its invalidity or unenforceability.

WII. Governing Law, Jurisdiction

These Terms of Use are construed and shall be interpreted under the laws of the Slovak Republic. In case of any dispute that cannot be settled amicably the Operator and the User agree that courts of the Slovak Republic shall decide with final effect.

In Prague on May 25th 2018