The company AU plan s.r.o., with registered office at U Nikolajky 1085/15, Prague 5, ZIP code: 150 00, IČ: 27616398, VAT number: CZ27616398, (hereinafter referred to as the „Provider“) is the exclusive owner of the rights to grant licenses to the Wearrecho software (hereinafter the Wearrecho software only as „Service“) and all under the conditions set forth in these General Business and License Terms of AU plan s.r.o. (hereinafter referred to as „General Business and License Terms“ or „VOLP“) and to the extent stated below.
Wearrecho is a registered trademark of AU plan sro.
The customer is a natural or legal person ordering from the Provider the service of granting a time-limited license to use the Service through a signed written order or an order sent by e-mail to the Provider’s address or by filling in and sending an electronic order form on the provider’s website or by paying the price based on the Provider’s previous offer and undertakes to comply with these General Business and License Terms.
I. Subject of the order and method of concluding the order
- The subject of the order (hereinafter referred to as the „order“) or contract or agreement on the provision of authorization to use the Service (hereinafter referred to as the „contract“) is the Provider’s obligation to provide a license for the Wearrecho software specified in the order or contract in the form of a download link from the Internet repository (hereinafter only „Wearrecho software license“), the granting of a time-limited license to use the Service and the Customer’s obligation consisting in the obligation to pay the provider for this performance in the amount and in the manner determined by these General Business and License Terms.
- The contract is concluded by properly and completely filling out the order, which is signed by the Customer and delivered to the Provider in written or electronic form, or by properly and completely filling out and sending the electronic order form on the Provider’s website or by paying the price based on the Provider’s previous offer. The order for granting a license to use the Service is made by paying the price specified in the offer of the provider of such an update delivered to the customer.
II. Obligations of the contracting parties
- The provider undertakes to hand overto the subscriber of the Wearrecho software license within 5 days of receipt at the latestpayments for the provision of authorization to use the Service, unless the Provider and the Customer agree otherwise, or if the Provider does not inform the Customer of a different handover date before placing the order.
- The Provider provides the Customer with a guarantee for the use of the Service for the period of validity of the ordered service and applies onlye for fundamental and essential defects that are demonstrably long-term (at least 5 working days).prevent proper use of the Service. The guarantee provided by the provider does not cover defects caused by incorrect installation of the Service, defects caused by unauthorized intervention in the Service, caused by hardware defects, one-time defects that do not appear after a so-called restart of the computer, etc.. The customer is obliged to notify the provider in writing of the occurrence of a major defect to firstname.lastname@example.org. Notificationabout the occurrence of a defect must contain the designation of the customer, a detailed description of the defect, the date of the onset of the defect and, where applicable, other circumstances related to the occurrence of the defect. The provider undertakes to start work on the removal of the defect notified by the customer in the above-mentioned manner within a reasonable period of time.
- The provider is not responsible for the correctness of the results and dataobtained by using the Service.
- In accordance with the individual provisions of Act No. 121/2000 Coll., on rights related to copyright and on the amendment of certain laws (hereinafter referred to as the „Copyright Act“), the customer is not entitled to:
- provide the license key/file to another legal entity or natural person
- operate the license for a user other than that specified in the license key/file
- modify, translate or otherwise change software and data files
- integrate the license into other systems without the consent of the provider
remove or change any related electronic information of the Service
- If the customer infringes copyright, the provider is authorized in accordance with § 40 et seq. copyright law.
- The Customer agrees to the allocation and control of the license of the Wearrecho software by the Provider, which takes place remotely via an Internet connection.
- The customer agrees that the provider, in order to improve the quality of the services and verify the use of the Service in accordance with these general business and license conditions, obtains, processes, uses and stores data of a statistical and technical nature from the customer’s use of the service, with the exception of the customer’s personal and business data.
III. License Authorization and License Activation
- By confirming the order, signing the contract or handing over the work, the provider grants the client authorization to use the work to the following extent:
- Use of all functions offered by the software for your own use; in particular – Creation of conceptual materials, drawings and scenes. Use of connection with the Revit environment and the possibility to import own FBX models and materials. The use of multiplayer for the collaboration of several people even within one project and the possibility of viewing the model. The possibility to create and manage projects in the cloud storage that is part of the provided product.
- In the number of licenses specified in the customer’s order (or in the contract). One license (installation) entitles one user (so-called named user) to use the service
- The customer is aware that the Revit Software subscription is not part of the Service.
- The customer is not obliged to use the license authority specified in paragraph 1 of this article.
- After installing the Service, it is mandatory to activate the Wearrecho software license in the manner described after starting it. If the computer hardware is modified or the Service is updated, deactivation may be required before modification and reactivation of the Service after modification. The license contains technological means that have been designed to prevent the use of the service without a license. The Provider will use these means to confirm that the Customer is using a legally licensed copy of the Service. For its operation in normal and terminal mode, the service may require a connection to the license server of the provider or its supplier, for the purpose of verifying the legality of the use of the license.
IV. Scope of basic services provided
- In the event that the subject of the order is the provision of the Service for a given time period, the Provider always guarantees the current version of the Service for the period of validity of the license in the form of a continuous update of the currently used version of the Service (continuous updates also apply to license agreements and licenses without the provider’s right to further payment).
- Support during the initial network or local installation of the Service at the Customer. Basic system configuration after installation (system configuration, configuration of user profiles, basic system administrator training).
- Technical support of the product and resolution of requests entered through the Discord application on the link: Discord
or via email email@example.com
- The Provider reserves the right to refuse to provide the Services for the period of delay in payments by the Purchaser.
- If the customer requests services beyond the scope of the Services provided or the scope of functionality of the Wearrecho software, these services will be implemented in the form of a separate service according to the specific requirements of the customer. Services beyond the scope of the provided services will be handled on the basis of the delivered written order. Based on this order, the provider will evaluate the given services and after mutual agreement, these services will be implemented.
- For the performance of the provider in accordance with these General Business and License Terms and Conditions, the customer undertakes to pay the provider a fee in the form of a subscription in the amount agreed in the order confirmed by the provider, in the contract or in the written offer of the provider and the statutory VAT.
- Some Services provided by the Provider may be free of charge. If the User uses the free version of the services, the Provider will notify him in advance before the service starts to be charged. If the User wishes to continue using such services, he must pay the Provider for them in the amount according to the current price list published on the Provider’s website (www.wearrecho.cz), or in the amount agreed in the order confirmed by the Provider, in the contract or in the written offer of the Provider and the statutory VAT.
- The Customer undertakes to pay the payment stipulated in these General Business and License Terms by bank transfer to the Provider’s account – based on the payment schedule or an invoice issued by the Provider with a due date of 7 days from the date of the invoice and with all the requisites of the tax document.
- The Provider reserves the right that during the validity of the relationship between the Customer and the Provider, described in accordance with these General Business and License Terms and Conditions of this Agreement, the order or the contract, it may adjust the agreed payment on the basis of changes according to the valid and published price list of the Provider for the given period.
VI. Defect rights, warranty and damages
- The Provider grants the Customer a guarantee for the usual functioning of the Service. The rights of the customer from defective performance by the Provider can always be satisfied by the provider by sending a corrected or additional version of the Service free of charge.
- The customer confirms that he has familiarized himself with the Service and the requirements for its operation. The customer is obliged to check the performance when taking over the license to use the Wearrecho software, before starting its productive use. The Customer is obliged to notify the Provider of any defects that the Customer may have discovered during a proper and professionally conducted inspection (i.e. especially obvious – recognizable defects, including quantity defects) immediately after taking over the license to use the Wearrecho software, but no later than within seven (7) days of this moment. Defects must be reported by the Customer immediately after identification via the Discord app at the link: Discord
or via email firstname.lastname@example.org.
- The Customer agrees that the Provider is not particularly responsible for the incorrect use of the Service and the use of the obtained results. The provider is also not responsible for defects or damages caused by improper use of the Service, loss of data, or other defects caused by the customer or other causes that do not result from the Wearrecho software or the results of the provider’s activities, nor are they to blame, or that arose independently of his will extraordinary unpredictable and insurmountable obstacle.
- The customer agrees that this article of the VOLP defines the provider’s overall responsibility for defects in the Service and damages arising from violations of the provider’s obligations or legal regulations, as well as the rights (claims) of the customer from defects and damage, unless otherwise provided by law.
VIII. Final Provisions
- These general business and licensing conditions are governed by the provisions of the Copyright Act and the provisions of Act No. 89/2012 Coll., the Civil Code, as amended.
- The customer and the provider are obliged to communicate in accordance with good manners and the principles of fair business dealings, not to disparage or in any other way damage the good name of the other contracting party or its reputation.
- The Provider and the Customer undertake to protect and conceal from third parties confidential information, i.e. facts constituting trade secrets and information about personal data. In particular, the following are considered to be confidential information:
- all trade secrets, know-how, procedures, ideas, designs and all related information made available or disclosed by a party to the other party, whether orally, in writing, in the form of an electronic document, visual or audio recording or by any other means
- the existence and content of any discussions related to the subject matter of the contract
- the contract and its possible amendments
- The personal data of the Customer (or persons acting on behalf of the Customer) provided by the Customer when concluding a contract or sending an order will be processed by the Provider for the purpose of concluding and fulfilling the contract and for the purpose of the administrator’s legitimate interests, for the duration of the contractual relationship and after its termination for a period of up to fulfillment of all rights and obligations arising from this contractual relationship. The administrator of personal data is the Provider, personal data will not be provided to other administrators without the consent of the Customer (or data subjects). The processing does not require the consent of the data subject, as in the sense of Article 6 paragraph 1 letter b) of the GDPR regulation, this is the processing of personal data that is necessary for the performance of the contract, in the sense of Article 6 paragraph 1 letter f) of the GDPR regulation ) is processing necessary for the purposes of the administrator’s legitimate interests. In accordance with Article 6 para. 1 letter f) of the GDPR regulation, personal data may also be processed for direct marketing purposes, up to the time of objection pursuant to Article 21 of the GDPR regulation. The data subject has, vis-à-vis the controller, the right to access, correct or delete personal data, the right to limit processing and the right to object to processing.
- Both parties agree to use their company/organization’s name in press materials, letters of reference and promotional events.
- The contracting parties undertake that, in the event of disputes regarding the content and performance of the contractual relationship established in accordance with these General Business and License Terms and Conditions, they will make every effort that can be fairly required to resolve these disputes amicably, in particular to eliminate the circumstances leading to to the emergence of the right to withdraw from the contractual relationship or causing its invalidity.
- If, as a result of a change in legal regulations or other reasons, some of the provisions of these General Business and Licensing Terms and Conditions become invalid or ineffective, these provisions will be brought into compliance with legal standards and the remaining provisions of the contract will be valid, if this does not contradict its purpose or does not if it is a provision that cannot be separated.
- The date of payment of any amount invoiced by the provider to the Customer pursuant to the order shall mean the day the relevant amount is credited to the relevant account of the Provider.
- Deviating provisions in the written order confirmed by the Provider or in the contract take precedence over the wording of these General Business and License Terms.
- The provider is entitled to change these VOLP. The Provider shall notify the Customer of the proposed change via the e-mail address provided by the Customer no later than 30 days before the change takes effect. In the event that the Customer does not reject this change in writing in the form of a notice in accordance with the following sentence, the proposed change to the VOLP will become effective. If the Customer does not agree with the proposed change, he is entitled to terminate the relevant contractual relationship in writing before the proposed effective date of the VOLP change. In such a case, the legal effects of such termination by the Customer will take effect on the effective date of the change to the VOLP. The customer is entitled to revoke his notice at any time during the notice period. By revoking the notice, the customer confirms that he agrees with the proposed change to the VOLP.
- The Provider is entitled to change these VOLP unilaterally, if this does not result in a change in rights and obligations from the already concluded contractual relationship between the Customer and the Provider, or changes in data that are of a purely formal nature and are not determined by agreement of the contracting parties (in particular, but not exclusively, the Provider’s registered office, change of business firm, etc.) or if it is a change directly caused by a change in the relevant legal regulations. The effectiveness of such a change to the VOLP will take effect on the date of publication of the new wording of the VOLP on the website www.wearrecho.cz or at a later date that the Provider will indicate in the notice published together with the new wording of the VOLP. The VOLP Provider shall inform the Customer of such a change in an appropriate manner in advance.
- By placing an order or paying the price, or concluding a contract, the customer expressly declares that he has read the General Business and License Terms, expressly agrees with the content and undertakes to comply with them.
prof. Ing. arch. Michal Šourek
AU plan s.r.o