1.1. These terms apply to all contractual relationships between
1.2. These terms govern the rights and obligations of the contracting parties arising from:
1.3. If we agree on something different in the Contract or in any of its written and expressly agreed amendments, the agreed terms in the Contract take precedence. In all other cases, these Terms apply.
1.4. By concluding a contract with us as a Customer, you declare that you have full authorization to enter into the Contract validly.
1.5. By using our QVAMP software, you confirm that you have carefully reviewed these Terms, read them, and fully agree with them.
2.1. Terms used in these conditions:
3.1. The right to use QVAMP arises based on our conclusion of an indefinite contract, your registration, and payment of the Fee. Upon meeting all these conditions, you gain the right to use QVAMP to the following extent:
3.2. This provision does not affect the Trial Period under Article 4 of these Terms.
4.1. The current Fee for using QVAMP is published on our Website (hereinafter referred to as the "Price List"). The current amount is also always visible in your Administrator Account and during payment confirmation for the respective Billing Period.
4.2. The Fee is calculated as the price for one Instance per Billing Period.
4.3. All amounts in the Price List and these Terms are stated exclusive of VAT.
4.4. You explicitly acknowledge and agree that the Fee is not tied to whether you actively use the Instance during the relevant period. The Fee is paid for the ability to use QVAMP.
4.5. Each Customer who concludes a Contract with us for using QVAMP receives the option to use one Instance of QVAMP for free for 7 days after concluding the Contract (hereinafter referred to as the "Trial Period"). The Fee for the Instance will only be charged after the Trial Period ends.
4.6. During the Trial Period, every Customer can try all QVAMP functions to the full extent without worrying about paying the Fee during the Trial Period. After the Trial Period ends, QVAMP will prompt you to either pay the Fee for the following Billing Period or indicate that you no longer wish to use QVAMP.
4.7. If you decide not to use QVAMP, the Instance created during the Trial Period will be deleted. If you choose to use QVAMP again in the future, simply log into your Administrator Account and pay the Fee. Please note that data from the Instance created during the Trial Period will not be backed up and will be permanently deleted after the Trial Period ends, unless the Fee for the period immediately following the Trial Period is paid.
4.8. Each Customer is entitled to use the Trial Period only once. Beatapp reserves the right to terminate the Trial Period earlier than the expiration date, especially if the Instance is not being used or access is being abused by the Customer.
5.1. The Fee for using QVAMP is paid in accordance with the Contract and these Terms. You have two options for paying the Fee:
5.2. The first option, "automated card payment," works by entering your payment card in QVAMP after the Trial Period ends. The agreed amount for each Billing Period will be deducted from it according to the Contract and Terms, and you will receive only the final invoice or tax document. All invoices can also be viewed in your Administrator Account in QVAMP.
5.3. The second option is standard invoicing, where we will send the invoice to the email address listed in your QVAMP Administrator Account, specifically the "Invoice Email." The due date for the invoice is 14 days from the date of issuance. The issued invoice contains all the elements required by accounting and tax regulations (especially the VAT Act). Given that this payment method involves higher administrative costs, it is subject to additional charges according to the Price List.
5.4. As a Customer, you agree that invoices will only be sent electronically to the email provided in your QVAMP Administrator Account, which you consider sufficient.
5.5. What happens if you pay the Fee late depends on how many days late the payment is credited to our bank account compared to the due date. The key milestones are:
5.6. The Customer's right to compensation for damages or any other claim for deleted data is excluded in the event of late payment of the Fee.
6.1. Please note that entering into the Contract does not grant you any rights to QVAMP trademarks or those of third parties.
6.2. You are authorized to use QVAMP only personally or through authorized persons. Please keep your access credentials to Administrator and User Accounts confidential to prevent misuse by third parties. If you breach this obligation, you are liable to us and others for any damage caused by such misuse.
6.3. We want our services to work flawlessly for all customers, so we must implement usage limits to ensure our services remain usable for everyone.
6.4. The limit on the number of recorded entries is set at 250,000 entries per Customer, regardless of the number of Instances. The limit includes the total of:
6.5. If QVAMP is used with more than 250,000 entries, we will contact you to discuss a solution that best meets your current and future needs. If necessary, we will appropriately increase system resources by allocating a dedicated database server. However, this will have to be reflected in your Fee according to the Price List.
6.6. The daily limit for accesses using the API Connector is set at 15,000 accesses per day. Excessive use of this limit increases our infrastructure costs, which will lead us to reflect this increase in your Fee according to the Price List.
6.7. If you use the API excessively, which we define as downloading more than 100 GB of data per month or disproportionately burdening the system to the detriment of other customers, we will ask you to correct the situation. If you do not correct it within 5 business days of our request, we reserve the right to disable your Integration.
7.1. We perform daily backups of the data you store in QVAMP. The backup usually takes place at 04:00.
7.2. Individual backups are stored for at least 30 days from their creation.
7.3. Please note that, for technical reasons, data in Instances that have been blocked, canceled, or are pending permanent deletion are also backed up for 30 days. As a Customer, you consent to this.
7.4. To request a backup of your data, send an email to: podpora@qvamp.com. We will then send you information about the backup download process to the email address you provided in your request (or the address from which the request was sent).
7.5. Based on the above request, we will provide you with a backup of the data as:
7.6. We want to protect your sensitive data as best as possible. Therefore, if you request a data backup or another operation related to access to your data, we must verify that the request is made by an authorized person. This is done using one of the following methods:
7.7. We consider the person authorized to request a backup on behalf of the Customer to be only the Customer (in the case of a legal entity, any company executive).
7.8. If you wish, you can notify us that we should not use certain verification methods mentioned in point 7.6 of these Terms for your case, or you can narrow down the circle of persons authorized to request a backup on behalf of the Customer (if you want to expand the circle of these persons, such a request must be sent using the method described in point 7.6 of these Terms).
7.9. In cases where we deem it necessary, we may require that your request be verified by one of the methods listed in point 7.6 of these Terms.
7.10. If you are a legal entity, we may require that you act for the company in a manner consistent with your registration in the commercial register (e.g., multiple executives acting together, or each acting individually).
7.11. As a Customer, you are entitled to receive a free data backup once every 12 calendar months during the Instance's duration. Providing any additional data backups will be charged according to the Price List in effect at the time of the backup request.
8.1. We guarantee QVAMP availability of 99.5% within the Billing Period.
8.2. If availability is lower than the guarantee in point 8.1 of these Terms, you are entitled to the following compensation:
8.3. To improve services, we perform regular maintenance on QVAMP, which may temporarily restrict or exclude access. Maintenance is performed outside regular business hours (08:00 – 17:00 CET) to minimize inconvenience. Maintenance time is not included in the QVAMP availability limits as per points 8.1 and 8.2 of these Terms, which you expressly acknowledge and agree to. You will be informed about maintenance through notifications displayed in QVAMP.
8.4. We are not responsible for QVAMP unavailability due to circumstances beyond our control. These include events outside our influence that prevent us from fulfilling our obligations. This does not apply when such obstacles could have been avoided, or if we were aware of them at the time the obligation was formed.
8.5. Examples of events considered to be beyond our control include:
8.6. QVAMP may include additional services provided by third parties (e.g., geolocation of recorded addresses, map data, currency exchange rates, electronic contract confirmations, and registry data). As these services are not provided by us, we do not guarantee the accuracy, truthfulness, completeness, or timeliness of the information obtained through these services, nor do we accept any liability for damage caused by their outages. The unavailability of any of these additional services is also not included in the availability according to points 8.1 and 8.2 of these Terms. You, as the Customer, explicitly acknowledge and agree to this.
9.1. The Contract terminates in the following cases:
9.2. Both we and you have the right to terminate the Contract without stating a reason, with a notice period of three months starting from the first day of the month following the month in which the notice was delivered.
9.3. The notice must be sent by mail, email listed in the QVAMP administration, or via a data box. The Contract terminates upon the expiration of the notice period.
9.4. If the notice is sent by mail, we will send it to the registered office address of your company if you are a legal entity, or to your residence address if you are an individual. If we are unable to deliver the notice by these means, it is deemed to be delivered on the third day after it was handed over to the postal service provider, which you expressly acknowledge.
9.5. We are entitled to withdraw from the Contract unilaterally if you seriously breach any obligations arising from the Contract, especially if you use QVAMP in a manner that is inconsistent with this Contract or the legal obligations and generally binding legal regulations.
9.6. Upon withdrawal, the Contract terminates on the day you are notified of the withdrawal. The rules for delivering withdrawal notices are similar to those for delivering notices as specified in point 9.2 of the Terms.
9.7. As a Customer, you have the right to cancel your QVAMP Instance at any time through the QVAMP interface. Canceling the Instance does not terminate the Contract itself.
9.8. If you are late in paying the Fee for more than 60 days, the Instance will be terminated with effect from the day the 60-day delay occurred.
9.9. The last created data backup is provided free of charge upon the Instance's termination, provided that you request it in writing as specified in point 7 of these Terms, and you must request it within 30 days of the Instance's termination. If you request it later, it is likely that the data will have already been permanently deleted.
10.1. We may need to update these Terms from time to time to improve our services. We will provide sufficient notice so that you have the opportunity to respond if you disagree with the new terms.
10.2. The process for changing these Terms is as follows:
10.3. If you express disagreement with the new Terms, our Contract, including all Instances, will terminate on the effective date of the updated Terms, and you will have the right to request a backup of your data.
10.4. We have the right to change the Fee and other items listed in the Price List unilaterally. We will notify you of the fee change in the same manner as described above for the changes to the Terms. The only difference is that we will notify you at least 30 days before the change takes effect.
10.5. The new Fee becomes binding at the start of the first Billing Period following the expiration of this period. If you disagree with the new fee amount, you are entitled to cancel the payment and request a data backup.
11.1. Information about how the Seller handles the provided personal data is available HERE.
11.2. The Office for Personal Data Protection oversees compliance with the rules, and if you believe that we process personal data in violation of legal regulations, you can contact this office and file a complaint against us. The address and contact details are available on their website https://www.uoou.cz/.
12.1. The relations arising from the Contract are governed exclusively by Czech law, primarily the Civil Code. We have also agreed that the conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods are excluded.
12.2. As a Customer, you expressly agree that the District Court in Ostrava, or the Regional Court in Ostrava for cases with the jurisdiction of the regional court, is the competent court for resolving any disputes and claims related to the use of QVAMP.
12.3. These Terms do not establish any obligations on our part beyond those stated in these Terms.
12.4. If any provision of these Terms is invalid or unenforceable, it does not affect the validity and enforceability of the other provisions. The remaining provisions remain valid and enforceable as set forth herein.
12.5. The text of the Contract and these Terms represents the only and complete agreement between us regarding QVAMP and fully replaces any previous statements, negotiations, obligations, reports, or promotional information related to QVAMP.
12.6. Annex No. 1 to these Terms is the Price List, which is also available in its current version on our website.
12.7. These Terms take effect from November 15, 2022.
Last updated February 24, 2024