Q-Rune Mobile Application License Terms

By installing and/or using the Q-Rune mobile application (hereinafter “Q-Rune”), you agree to be bound by these terms and conditions governing the license and provision of digital content (the “License Terms”). Therefore, please read the License Terms carefully before installing Q-Rune or using Q-Rune. If you do not agree to the License Terms, do not install Q-Rune and if you have already installed the mobile application, do not use Q-Rune and uninstall it from all your mobile devices.

Q-Rune is a mobile application that can be downloaded and installed on a mobile electronic device via the Apple Store (App Store) and Google Play (Google Play Store) online stores and run on this mobile device. Using Q-Rune requires a mobile device equipped with the Android operating system, version 8 and later or iOS version 13 and later.

Q-Rune is provided by CertiCon a.s., with its registered office at Evropská 2758/11, Dejvice, 160 00 Prague 6, registered in the Commercial Register maintained by the Municipal Court in Prague, under file number B 4355, Company ID: 25083341 (“Provider”).

A user is any natural person who installs Q-Rune and uses Q-Rune (whether on their own or someone else’s mobile device) (“User”).

The administrator of the services provided by the Q-Rune mobile application to Users is an entity with which a separate agreement relating to the Q-Rune application and its use will be concluded, or another entity authorized for this activity directly by the User or their authorized representative, and whose activities will consist mainly of the administration and organization of users, dealings with the Provider and other activities resulting from the agreement with the Provider and resulting from the nature of Q-Rune and these license terms allowing users to use the Q-Rune application fully for its purpose (hereinafter referred to as the “Service Administrator”). The Service Administrator is obliged to ensure the functionality of Q-Rune for the User on the basis of a user account, without undue delay.

The Provider’s rights with respect to Q-rune are protected under proprietary and copyright law, including patents, copyrights, trademarks, trade secrets, and technological know-how, in accordance with patent law, copyright, moral law, the right to protect trade secrets, trademark law, the law on unfair competition or similar rights, trademarks, service marks, international conventions and/or other property law regulations and laws of the Czech Republic and other countries.

These license terms govern the terms and conditions of use of Q-Rune by end users.

The Provider hereby grants the user a free, personal, purpose-limited, revocable, non-commercial, non-transferable, non-exclusive and indivisible license, unlimited in time and territory, to use Q-Rune. The license is provided for an indefinite period.

Q-Rune is currently provided free of charge. The display of advertising or marketing messages to the user is not excluded during this period of free provision of Q-Rune. It is agreed that the Provider is entitled to charge for Q-Rune or services related to its provision at any time. The Provider will notify the user and the Service Administrator of the intention to do so, together with the necessary information, in advance.

The User undertakes not to use Q-Rune in any way that would violate the rights of the Provider or the rights of third parties in any way or be contrary to the purpose for which Q-Rune is intended or contrary to the instructions of the Service Administrator or in any other way deviate from the normal expected intended use of Q-Rune. The Provider reserves all rights to Q-Rune that are not expressly granted to the User. The User has no rights to the Provider’s trademarks.

The User may not sell, rent, assign, or lend Q-Rune to anyone, even free of charge, or to distribute, transfer the rights to use it or sublicense it (even partially) or make it further available without the prior, express and written permission of the Provider, nor handle it in any way other than the normal expected use in accordance with the purpose of Q-Rune.

To use Q-Rune, the User must have a user account set up. The user account is set up by the Service Administrator, to whom the User is obliged to provide the name, surname, email address and text that they wish to include on the doorbell of the property (usually an apartment or other space) that the User is authorized to use. The User is also obliged to inform the Service Administrator of incorrect data being entered or of any change to the entered data and to contact the Service Administrator with any request for modification or change in the User account.

The Provider reserves the right to refuse to provide Q-Rune to, or to enter into a contractual relationship with, any person, in particular with a person who is known to the Provider to be non-compliant with these license terms, other contractual agreements or generally binding legal regulations and whereas this non-compliance with generally binding legal regulations has or could have an impact on the contractual relationship with the Provider. At the same time, the Provider reserves the right to cancel the User’s account or otherwise prevent the user from using Q-Rune without prior notice if there are reasonable grounds to believe that the user is violating these license terms or is using Q-Rune in violation of good morals, the purpose of the application and/or legal regulations. In these cases, the Provider is also entitled to order the Service Administrator, if the Provider is not also the Service Administrator, to cancel the User’s account or otherwise prevent the User from using Q-Rune. The User is not entitled to any compensation in connection with the cancellation of the User account or the prevention of its use in the above cases.

If the User loses the legal title to the real estate that entitles him to use Q-Rune on the basis of the established User account (e.g. ownership, co-ownership, lease, sublease or other use authorization), the Service Administrator is entitled to cancel the User’s user account without compensation and without the user’s consent or to block its use. At the same time, the Service Administrator is entitled to establish a user account for this real estate for another person.

The Provider shall provide the User with the latest User version of Q-Rune upon the User’s consent to these license terms. The User acknowledges that Q-Rune, including its functions, may change during the validity of these license terms, in particular as a result of modifications, updates, ensuring compliance with legal regulations, compliance with the development of mobile devices, compatibility with other software, programs and applications, or other changes to the software.

The Provider and the User agree that the Provider will not provide the User with any specific updates to Q-Rune on a regular basis. At the same time, the Provider declares that Q-Rune may be updated in order to improve the performance of its purpose, improve or expand its functions, and in such cases, that it will inform the User of the possibility or necessity of updating Q-Rune and provide instructions for performing the update. If the update is marked as necessary or in a similar way indicating to the User that it is a necessary update and the User does not perform the update within a reasonable time, the User has no rights arising from a defect resulting from the failure to perform the update. The Provider will provide the User with updates for a period of time for which the User can reasonably expect it.

In order to continuously improve the quality of Q-Rune, Q-Rune is subject to irregular maintenance. The User acknowledges that Q-Rune and/or its functions may not be available during maintenance.

The Provider is entitled to unilaterally change these license terms to a reasonable extent. The User will be notified of the change in the license terms by e-mail or displayed within Q-Rune. The User may refuse the change in the license terms and express this refusal by uninstalling Q-Rune from all mobile devices on which Q-Rune was installed. Otherwise, especially in the case of using Q-Rune after the effective date of the changes in the license terms, it is automatically assumed that the User has agreed to the changed license terms.

The Provider reserves the right to replace these license terms with new license terms. The Provider will notify the User of the new license terms and their effective date well in advance by sending a message to the User’s email address or by posting a message in the Q-Rune application. The Provider may condition the User’s continued use of the application upon their express and unconditional consent to the new license terms.

The Provider hereby informs the User that Q-Rune allows the Provider to regularly collect and process non-personal data, i.e. technical data and related information, including technical information about the User’s mobile device, system and application software and peripheral devices, to improve the quality of the services provided by the Application and its updates or for the purpose of improving or developing the Provider’s other or new products, or for the purpose of providing related services and improving them.

Based on the User’s acceptance of the license terms, the Provider will allow the User to use Q-Rune for all purposes for which it is intended, in particular for voice communication between a property visitor and the user and remote control of entry to the property.

The Provider is not liable for the User’s mobile device’s compatibility with Q-Rune and is not responsible for any damage that the installation of the application might cause to the User’s device. The User is obliged to ensure that their mobile device is in perfect usable condition prior to installing Q-Rune and to do everything possible to prevent any damage.

The Provider is not liable for defects or damages or loss of data caused when using Q-Rune, if these were caused by the User, the Service Administrator, third parties or obstacles arising independently of the Provider’s will, in particular for defects or damage caused by improper use of Q-Rune, non-professional intervention in Q-Rune, in the system software and environment, or caused by viruses introduced into the User’s local network or their mobile device, or by a hacker attack or other similar external intervention, or caused as a result of damage resulting from the incorrect functioning of programs from other manufacturers installed on the User’s mobile device. The Provider is not liable for any damage or defects arising after the User has been asked by the Provider or the Service Administrator to remove Q-Rune from their mobile devices, i.e., to uninstall it.

The User may not intervene in the Q-Rune application in any way, reverse engineer, decompile, convert to source code or otherwise attempt to obtain the Q-Rune source code. Neither the User nor the Service Administrator may modify Q-Rune in any way or create any other derivative works based on Q-Rune, except for performing customer and user account settings, which are permitted by the Q-Rune program documentation and further they are prohibited from acting in conflict with the instructions / use instructions.

The Provider does not provide the user with any warranty with respect to Q-Rune pursuant to Act No. 89/2012 Coll., Civil Code.

Any defects claimed within two years of the installation of Q-Rune will be assessed by the Provider and eliminated exclusively at the Provider’s discretion, if possible and if it is not disproportionately expensive. Error messages and other similar manifestations that do not affect the functionality and do not cause significant deviations from the agreed properties of Q-Rune are considered a software defect that does not affect its use.

If the User believes that the digital content is defective, he or she undertakes to provide the Provider with the necessary cooperation to the extent that can be reasonably requested to verify whether the defect occurred as a result of inadequate technical or software equipment or network connection for the User’s access or use of the digital content. If the User refuses to provide cooperation, the User is obliged to prove that the digital content is provided defectively.

If the Provider proves that the defect was caused by inadequate technical or software equipment or network connection for accessing or using the User’s digital content necessary for the proper functioning of the digital content, whereas the requirements for this technical and other equipment are specified in these license terms, it is up to the User to prove that the digital content is provided defectively.

The provision of a reasonable discount in the event of a defect being pointed out is excluded due to the free provision by the Provider. In the event of a defect, the User is also entitled to withdraw from the agreement at any time by uninstalling the application from all their mobile devices.

The Service Administrator is the controller and processes personal data pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter referred to as the “GDPR”) and pursuant to Act No. 110/2019 Coll., on the processing of personal data, in accordance with the adopted internal regulations of the controller or processor, whereby the processing of personal data may be manual or automated, electronic or in paper form and takes place within the information systems of the controller or processor. Personal data is processed primarily by the controller or processor. The Service Administrator may allow the Provider access to the personal data of users it processes only in connection with the fulfillment of obligations under these license terms or otherwise related to them.

By providing personal data to the Service Administrator, the User gives the Service Administrator consent to the processing of personal data to the extent to which the User’s personal data was provided to the Service Administrator. Installing the application and creating a user account requires the provision of the following data: User’s name and surname, email address, text published on the doorbell, and potentially a mobile phone number.

If the User is a legal entity, the User hereby agrees with the processing of personal data of its representatives or employees whose personal data will be processed in connection with these license terms by the Service Administrator and processors and their respective representatives and declares that it has obtained the consent of representatives, employees and other cooperating and authorized persons for this purpose. Before providing personal data, the User shall obtain all required consents from all persons whose personal data will be provided to the Controller. The scope of data that the Service Administrator processes in this case is the name, surname of the person elected by the legal entity to represent it pursuant to these license terms, email address, and text on the doorbell.

The Service Administrator, as the personal data controller, will process the User’s personal data within the scope of its legitimate interest and the fulfillment of its obligations with respect to establishing, maintaining, administering and recording user accounts and licenses provided by the Provider, for communication with users, resolving their queries and suggestions, for the fulfillment of legal obligations, for the purposes of any inspections and management by public authorities, for the possible subsequent resolution of defects in the provided performance and for the resolution of any damages and for the supervision and support of the use of Q-Rune, and for the purposes of informing the user about Q-Rune or similar or related products. In cases stipulated by law, the Service Administrator is entitled to provide personal data to public authorities or insurance companies for the purpose of settling an insured event. No automated decision-making takes place within the scope of this processing.

If the Provider is also the Service Administrator, it will process the User’s personal data as the personal data controller within its legitimate interests and to fulfill its obligations for the purposes of recording the licenses provided, fulfilling tax and other obligations, for the purposes of possible audits and proceedings by public authorities, for the possible subsequent resolution of defects in the provided performance and for the resolution of possible damages as well as for the supervision and support of the use of Q-Rune, which includes maintaining the user account, fulfilling these license terms and legal obligations, and informing the User about Q-Rune or similar or related products. In cases stipulated by law, the Provider is entitled to provide personal data to public authorities or insurance companies for the purpose of settling an insured event. This processing does not involve automated decision-making.

By installing and using the Q-Rune application, the User grants consent to the Service Administrator to process personal data pursuant to this agreement and, at the same time, consent to the same extent to the Service Administrator’s entrusted processor.

The person who can be contacted as the controller for ​​personal data processing is the Service Administrator. Personal data is processed for the period strictly necessary to fulfill the above-mentioned purposes, which are to ensure the provision of flawless services, resolve defects and compensate for damages. After the User’s use of Q-Rune is terminated, processing continues for a maximum of the prescribed limitation period for claiming damages.

Personal data is not transferred to third countries or international organizations, and if it is transferred to other entities, they will be the entities specified in the agreement. In other cases, the data is transferred to other administrators only in connection with the fulfillment of legal obligations (in particular, transfer to government administration bodies, etc.). Personal data may be transferred to related legal entities of the Provider, i.e. entities connected in terms of personnel or property.

The User as a personal data subject has the following rights:

  1. The right to be informed about the processing of personal data and the right to access personal data. If the data subject requests information about the processing of his/her personal data, the Provider shall provide such information without undue delay. The content of the information will always be a statement of:
    1. The purpose of the processing of personal data
    2. The personal data, or categories of personal data, which are the subject of the processing, including all available information about their source
    3. The nature of automated processing in connection with its use for decision-making, if this processing is the basis for acts or decisions which constitute an interference with your rights and legitimate interests
    4. The recipient, or categories of recipients.
  2. The right to request correction or completion of personal data if the data subject discovers that the data controller has inaccurate data.
  3. The right to withdraw consent at any time by written notice delivered to the controller and the right to demand deletion of data.
  4. If the data subject believes that the Provider is processing personal data in violation of the protection of the private and personal life of the data subject or in violation of applicable legal regulations, in particular if the personal data is inaccurate with regard to the purpose of their processing, you may:
    1. Ask the Provider for an explanation;
    2. Ask the Provider to rectify the situation that has arisen (in particular, the User may request blocking, correction, addition or deletion of personal data)
    3. Contact the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, http://uoou.cz.
  5. Further, the data subject has the right to restriction of processing of personal data, the right to data portability and the right not to be subject to automated individual decision-making with legal or similar effects, including profiling.

By agreeing to these license terms and installing Q-Rune on a mobile device constitutes the conclusion of an agreement for an indefinite period.

The User may terminate this Agreement at any time by withdrawing. The User withdraws from these license terms by:

  • Deleting the email address entered in the Q-Rune application, if it was filled in, and
  • Deactivating the User account, and
  • Uninstalling Q-Rune from all of the User’s mobile devices, and
  • Notifying the Service Administrator that the User has withdrawn from this Agreement by undertaking these steps and asks the Service Administrator to delete the data on the doorbell panel.

If the Provider is in default in making the digital content available, the User may withdraw from the Agreement if the Provider fails to perform its obligation without undue delay after the User has called on the Provider to perform or within an additional period expressly agreed upon by the parties. The User may withdraw from the Agreement without an additional period only if the Provider’s statement or circumstances make it clear that the Provider will not provide the digital content or if it follows from agreement of the parties or from the circumstances at the conclusion of the Agreement that performance within the specified time is required.

These license terms are exclusively governed by and will be interpreted in accordance with the laws of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code. All disputes related to these license terms will be decided exclusively by the municipal courts of the Czech Republic, with jurisdiction pursuant to the registered office of the Provider.

These license terms are effective from the moment Q-Rune is downloaded to the User’s mobile device and are valid without time limitation (hereinafter referred to as the “License Period”). The User is entitled to terminate the License Period at any time by removing Q-Rune from all devices owned or controlled by the User.

The Provider informs the User who is a consumer that in the event of a dispute between the Provider and the consumer user, if the dispute cannot be resolved by agreement, the Czech Trade Inspection Authority is the entity providing out-of-court settlement of consumer disputes, so-called ADR (alternative dispute resolution). The consumer may submit a proposal for out-of-court settlement of the dispute to the following contact:

Česká obchodní inspekce

Ústřední inspektorát – oddělení ADR

Štěpánská 44

110 00 Praha 1

Email: adr@coi.cz

Website: adr.coi.cz

After approval of these license terms, the Provider will send the User a confirmation with the wording of these license terms to the User’s specified email address.

The Provider will record these license terms, which will be published on its website. The Provider will not in any way record each individual case of agreement with the contractual terms as a separate concluded agreement to which the User will be allowed access. These license terms are in Czech. By agreeing to these license terms, the User is bound by their content. The User expresses his/her consent by pressing the “Install” Q-Rune option (button).

The Provider will enable the User to use the Q-Rune application immediately after its installation, and therefore, by agreeing to these license terms, the User simultaneously agrees that, if he or she is a consumer, they agree to the commencement of performance before the expiration of the 14-day withdrawal period pursuant to Act No. 89/2012 Coll., the Civil Code, and that the User acknowledges that by granting this consent, his/her right to withdraw from the Agreement pursuant to Section 1837 letter l) of Act No. 89/2012 Coll., the Civil Code, lapses.

Effective as of: 18.10.2023