top of page
  • Facebook
  • Instagram
  • Linkedin
  • Youtube

GENERAL TERMS AND CONDITIONS

 

The purpose of these General Terms and Conditions (hereinafter: the “GTC”) is to set out the terms and conditions governing the services provided by iBar Experience Korlátolt Felelősségű Társaság (hereinafter: the “Service Provider”) through the iBar application (the “App”) and through the Service Provider’s website at www.ibar.ai (the “Website”), as well as the rights and obligations of the Service Provider and the users.

Accordingly, the scope of these GTC covers the use of services available and/or accessible through the App and the Website (the “Service” or “Services”), as well as the material terms and conditions related thereto.

The personal scope of these GTC extends to all users using any Service provided by the Service Provider (the “Customer”).

​

1. THE CONTRACTING PARTIES

​

1.1 Service Provider:

Company name: iBar Experience Korlátolt Felelősségű Társaság
Registered office: 7800 Siklós, Petőfi Sándor utca 3., Hungary
Administrative office: 7800 Siklós, Dózsa György utca 13., Hungary
Company registration number: 02 09 84938
Tax number: 27342992-2-02
Website: https://www.ibar.ai
GTC available at: https://www.ibar.ai/en/terms-of-service
Telephone: +36 20 444 6737
E-mail: info@ibar.ai
Represented by: Dr. Boglárka Várkuti, Managing Director

​

1.2 Partner:

The Service Provider may also sell and provide the Service through its business partners (“Partner” or “Partners”). If the Customer requests the Service through a Partner and/or enters into an agreement with the Partner for the use of the Services, the provisions of these GTC shall apply to the contractual relationship only to the extent agreed between the Customer and the Partner in the agreement concluded between them.

​

1.3 Customer:

The Customer means any natural person, legal entity or other organisation that uses the Services and/or enters into an agreement with the Service Provider for the use of the Services.

Due to the nature of the Services, the Customer may not be a consumer, i.e. a natural person acting outside the scope of his or her profession, independent occupation or business activity (“Consumer”), but may only be a business, i.e. a person acting within the scope of his or her profession, independent occupation or business activity (“Business”).

By using the Services and/or entering into an agreement for the use of the Services, the Customer simultaneously declares that it is acting not as a Consumer but as a Business and enters into the agreement with the Service Provider in such capacity.

The Service Provider does not enter into agreements for the use of the Services with Consumers and does not provide the Services to Consumers.

The Customer shall provide the name and contact details of its representative in the Individual Agreement and undertakes to notify the Service Provider without delay of any change in the identity and/or contact details of such representative. The Customer expressly exempts the Service Provider from the obligation to verify the actual existence of the authority of representation of the person designated by the Customer as its representative.

The Customer represents and warrants that all legal declarations made on its behalf are made by a duly authorised person holding appropriate statutory, organisational, power-of-attorney-based or other authority of representation, including in particular, but not limited to, ordering the Services, entering into or amending the Agreement, terminating the Agreement and/or otherwise bringing the Agreement to an end.

​

(The Service Provider and the Customer are hereinafter jointly referred to as the “Parties”.)

​

2. CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES

​

2.1 The Service Provider provides information technology consultancy, computer programming, retail sale of computer peripherals and software, retail sale of other household goods, software publishing and media advertising activities and/or services to the Customer under the terms and conditions set out in these GTC, and within this framework performs software development, operational and documentation tasks and other IT-related activities falling within its competence (the “Task” or “Tasks”).

​

2.2 If the Customer requests the Service through a Partner, the Service Provider shall receive from the Partner the information necessary for registration for the Service. Following registration, the Service Provider shall send the information necessary for using the Service to the Customer by e-mail.

 

2.3 If the Customer requests the Service directly from the Service Provider, the Service Provider shall receive the data required for registration for the Service from the Customer. The Service Provider shall thereafter send the Customer the registration steps necessary for using the Service by e-mail.

The contractual relationship between the Service Provider and the Customer shall be established with the content according to which the Customer requested the Service from the Service Provider and in accordance with these GTC. However, any terms requested by the Customer that differ from these GTC shall become part of the agreement only if the Service Provider expressly confirms and expressly accepts such differing terms in writing.

In the absence of such express written consent, the agreement shall be concluded in accordance with the provisions of these GTC.

 

2.4 By placing an order for the Services, the Customer declares that it has read and accepted the provisions of these GTC.

Upon first logging into the App and accepting these GTC, the Customer declares that it has read and accepted the provisions of these GTC.

In addition, the Customer shall also be deemed to have acknowledged and accepted the provisions of these GTC by conduct, including by using the Services and/or accepting and/or paying invoices issued for the Services.

The Parties expressly agree that, with respect to acceptance of these GTC, the Customer’s silence or failure to take a particular action in the circumstances described above shall also constitute a declaration of acceptance by conduct.

 

2.5 The agreement concluded between the Service Provider and the Customer consists of these GTC and an individual agreement containing the Parties’ details and the individual terms of the agreement (“Individual Agreement”).

The GTC and the Individual Agreement together constitute the “Agreement”.

 

2.6 Following its conclusion, the Service Provider shall send the Agreement, including these GTC and the Individual Agreement, to the Customer electronically by e-mail to the e-mail address provided by the Customer.

The Customer shall promptly review the Agreement received and shall notify the Service Provider within no more than three business days if it identifies any error, typographical mistake or term differing from the Parties’ agreement.

The Parties expressly agree that if the Customer raises no objection within this period, the Customer acknowledges and confirms that the contents of the Agreement are correct. Accordingly, the Customer’s silence in this respect shall constitute a legal declaration by conduct.

 

2.7 The Customer expressly exempts the Service Provider from verifying the accuracy and truthfulness of the warranties undertaken and declarations made by the Customer.

The Customer assumes full and unconditional liability for damages and any other liability arising if any warranty undertaken or declaration made by the Customer subsequently proves to be inaccurate or untrue.

 

2.8 The Parties agree that the Service Provider is expressly entitled to amend these GTC unilaterally with prospective effect.

The Service Provider shall publish the amended GTC on the Website on the date on which they enter into force and shall also send them to the Customer’s e-mail address specified in the Agreement.

If any material provision of the new GTC adversely affects the Customer, the Customer shall be entitled to terminate the Agreement in writing, stating reasons, within 20 days from the date on which the new GTC enter into force.

​

3. RIGHTS AND OBLIGATIONS OF THE SERVICE PROVIDER

​

3.1 When performing the Task, the Service Provider shall act in accordance with these GTC and the Customer’s instructions.

 

3.2 Before carrying out the Task, the Service Provider shall inform the Customer in advance of possible alternatives suitable for achieving the objectives specified by the Customer, in order to enable the Customer to define its requirements appropriately.

 

3.3 The Service Provider shall perform its Tasks to a high professional standard.

The Service Provider shall be entitled to perform its obligations prior to the contractual performance deadline.

 

3.4 The Parties acknowledge that the Service Provider shall be entitled to engage subcontractors and other contributors in performing its contractual Tasks, including subcontractors, employees and other persons assisting in performance appointed by the Service Provider (collectively: “Contributors”).

However, the Parties expressly exclude the Service Provider’s liability for the conduct and activities of such Contributors.

 

3.5 If any circumstance arises during the performance of the Task that prevents or hinders the Service Provider’s performance, the Service Provider shall immediately inform the Customer.

 

3.6 If the Service Provider performs the Task or any part thereof, even temporarily, at the Customer’s premises or at the premises of the Customer’s customer or another contractual partner, the Service Provider shall fully comply with all applicable rules and requirements and shall perform its activities accordingly.

The Service Provider shall compensate the affected person for any damage arising in connection with a breach of such rules or requirements.

 

3.7 The Customer expressly consents to the Service Provider, at its discretion:

a) issuing its invoices as electronic invoices (“Electronic Invoice”) within the meaning of Section 259(5) of Act CXXVII of 2007 on Value Added Tax (“VAT Act”) and delivering them electronically by e-mail to the e-mail address specified in the Individual Agreement; or

b) issuing its invoices as traditional invoices (“Invoice”) and delivering them either by post or by sending an electronic copy by e-mail to the postal address or e-mail address specified in the Individual Agreement.

 

3.8 The Parties expressly agree that delivery of the original Electronic Invoice or an electronic copy of an Invoice to the Customer’s e-mail address shall constitute valid delivery of the invoice to the Customer.

 

3.9 Under these GTC, the Service Provider represents and warrants that it possesses the high level of professional expertise, qualifications and technical equipment required for proper performance of the Task, excluding equipment, software and other infrastructure to be provided by the Customer, and that it is legally entitled and technically capable of using them.

 

3.10 Without prejudice to the provisions of Chapter 8, “Copyright, Usage and Other Rights”, the Service Provider provides a full warranty of title in respect of all computer programs supplied to the Customer during the term of the Agreement.

The Customer acknowledges that the following warranty and guarantee rights may be exercised against the Service Provider with respect to the following hardware devices:

  • iBar Spirit Scale: one-year replacement guarantee from delivery;

  • Kitchen Scale: one-year replacement guarantee from delivery;

  • Scale Platform: one-year replacement guarantee from delivery.

Except as set out above, the Parties agree that the Service Provider shall have no further warranty and/or guarantee obligations in respect of hardware devices supplied to the Customer.

 

3.11 The Service Provider provides the Services through cloud-based resources supplied by it.

The Service Provider guarantees annual availability of 99%, calculated over a one-year period.

For the purpose of calculating availability, periods of previously announced maintenance and periods during which individual sub-functions do not operate properly shall not be considered downtime.

 

3.12 The Service Provider shall make every reasonable effort to ensure that the Services remain continuously available.

However, the Parties agree that the Service Provider shall have no liability whatsoever for failures attributable to causes beyond the Service Provider’s control, including, without limitation, failures arising from operation of the internet network, possible loss of information, overload, disruption caused by a third party or errors resulting from incorrect operation or use.

 

3.13 The Parties agree that the Service Provider shall not be responsible for the operation, interoperability and/or future integrability of external systems, applications and/or services developed or operated by the Customer or by third parties that interact with and/or may be integrated with the Services.

Downtime caused by external systems, applications and/or services supplied by the Customer or a third party shall not reduce the calculated availability of the Services, even if the application or service concerned was recommended to the Customer by the Service Provider.

 

3.14 The Parties agree that the Service Provider shall not be liable for any damages arising from interruptions to the Services, whether planned or unplanned, including damage to the subject matter of the Service, other damage to the entitled party’s assets, loss of financial benefit or consequential damages.

The availability stated by the Service Provider shall be assessed over a one-year period, and any downtime resulting from causes falling within the Customer’s sphere of responsibility shall not be taken into account when calculating availability.

The specified availability applies solely to system-level use of the Services.

 

3.15 The Customer accepts that, where necessary, the Service Provider may perform maintenance without prior notice on any day of the week between 1:00 a.m. and 3:00 a.m., during which the Services may be partially or entirely unavailable.

Such periods shall not count toward the calculated availability period.

 

4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

​

4.1 The Customer shall accept the Service Provider’s contractual performance and shall pay invoices issued for the Services used by their due dates.

Due to the Service Provider’s obligation to maintain availability, the Parties agree that the Customer shall be deemed to use the Services during the term of the Agreement even if, during a given period, the Customer does not actually use the Services made available by the Service Provider due to its own decision or for any reason outside the Service Provider’s sphere of responsibility.

The Parties expressly acknowledge that issuance of invoices by the Service Provider shall not require formal acknowledgement of performance or the issuance or signature of a certificate of performance by the Customer.

Irrespective of invoicing, the Parties expressly agree that unless the Customer sends a declaration to the contrary to the Service Provider by the fifth day of the relevant month (“Relevant Month”), the Customer shall be deemed to have accepted the Service Provider’s contractual performance for that Relevant Month.

Accordingly, the Customer’s silence in this respect shall constitute a legal declaration by conduct.

 

4.2 Following the order, the Customer shall provide the Service Provider without delay with all information and materials required for performance of the Task in a manner facilitating the Service Provider’s performance.

At the Service Provider’s request, the Customer shall also consult with the Service Provider and shall fully carry out all measures required for performance of the Task.

If the Customer is late in fulfilling the obligations set out in this Section, the deadline available to the Service Provider for performing the Task shall be extended by the duration of the Customer’s delay.

 

4.3 The Customer shall provide all conditions required on its side to use the Services, including, without limitation:

  • internet access;

  • a mobile phone capable of running the Service Provider’s application;

  • electricity; and

  • other necessary infrastructure.

If separately agreed by the Parties, the Customer shall also provide the technical and other infrastructural conditions required by the Service Provider to perform the Agreement.

 

4.4 The Customer shall immediately inform the Service Provider of any circumstance, disruption or obstacle that may affect performance of the Task.

​

5. CONCLUSION OF THE AGREEMENT

 

5.1 Unless otherwise provided in the Individual Agreement, the Agreement between the Parties shall be concluded when the Customer accepts an offer made by the Service Provider or when the Service Provider accepts an offer made by the Customer.

The Parties may also express their intention to enter into the Agreement electronically, including by e-mail.

Even in the absence of an express written agreement, the Agreement shall be concluded where the Parties make legal declarations, including offers and declarations of acceptance, by conduct.

The effective date of the Agreement is specified in Section 12.1.

 

6. PERFORMANCE OF THE AGREEMENT

 

6.1 The Service Provider shall make the ordered Service available to the Customer as soon as reasonably possible.

The Service Provider shall not be responsible for consequences arising from the Customer’s delay in providing information necessary for registration for the Service.

 

6.2 The Parties acknowledge that if the Service Provider’s performance is defective, the Customer shall send a list of errors to the Service Provider electronically at info@ibar.ai.

The Service Provider shall begin correcting the errors without delay.

Once the errors are known, the Parties shall agree in writing on a deadline of at least seven days for correction of the errors.

Following successful correction, the Customer shall confirm correction of the errors in writing, including by e-mail.

 

6.3 The Customer acknowledges that where inventory management data stored in the cloud is provided by the Service Provider to a Partner, the availability of such data to the Customer shall be governed by the agreement between the Customer and the Partner.

The Parties agree that the Service Provider shall not be liable for any data loss arising in this connection.

 

6.4 Following termination of the Agreement between the Parties, the Service Provider shall have no responsibility for inventory management data and shall not be required to retain such data.

At the Customer’s request, the Service Provider shall delete such data within 30 days.

​

7. FEES PAYABLE TO THE SERVICE PROVIDER

​

7.1 The fee payable by the Customer to the Service Provider for use and availability of the Service (“Subscription Fee”) shall be:

  • Stand Plan: EUR 69 + VAT/month/hospitality venue or unit;

  • Stock Management Plan: EUR 99 + VAT/month/hospitality venue;

  • VIP Plan: individually determined pricing.

For venues in Romania, Bulgaria, Slovakia or Croatia, individual pricing agreements shall be applied.

For multiple hospitality venues, the following discounts apply:

  • second venue: 10% discount on software and 5% discount on hardware;

  • third venue: 15% discount on software and 8% discount on hardware;

  • fifth venue: 25% discount on software and 12% discount on hardware.

The Service may also be purchased with annual payment. In such case, the annual Subscription Fee shall equal ten months’ Subscription Fees, for which the Service Provider shall provide twelve months of Service.

Plan fees include three storage locations. Additional storage locations are charged at EUR 10 + VAT per storage location up to a maximum of six storage locations. From seven storage locations onward, pricing shall be subject to an individual quotation.

The one-time purchase prices of the hardware are:

  • iBar Spirit Scale: EUR 49 + VAT;

  • iBar Kitchen Scale: EUR 69 + VAT;

  • iBar Scale Platform: EUR 39 + VAT.

The Service Provider retains title to these devices until full payment of the purchase price, irrespective of when possession of the devices is transferred to the Customer.

The contents of the respective plans, including the list of Services included in each plan, and the specifications of the individual scales are available on the Website at:

https://www.ibar.ai/en/arak

The Service Provider may charge the Customer an on-site service fee. In every such case, however, the Service Provider shall inform the Customer appropriately in advance, both by telephone and by e-mail, and shall ensure that the Customer agrees to and accepts the proposed on-site service fee.

If the Customer requests the Service for several hospitality venues or units, the Customer shall be entitled to request an individual quotation. The fees and conditions specified in such individual quotation shall override the fees stated in these GTC and shall supplement any conditions and Services not covered by these GTC.

 

7.2 The Customer may register for the Service using the registration e-mail sent to it.

Rental of the Service, meaning commencement of the Service Provider’s obligation to provide the Services, shall begin when the Agreement enters into force pursuant to Section 12.1.

 

7.3 The “Billing Period” means the period in respect of which the Service Provider invoices or may invoice the Subscription Fee in a single amount.

The Billing Period may be:

  • monthly;

  • quarterly;

  • semi-annual; or

  • annual.

See also Section 12.1.

For monthly payment, i.e. a monthly Billing Period, the Service Provider shall issue an invoice to the Customer by the eighth day of each month for the preceding month, meaning that the fee is invoiced retrospectively.

For quarterly, semi-annual and annual Billing Periods, the invoice shall be issued at the beginning of the relevant Billing Period and the Subscription Fee shall be invoiced and paid in advance for each Billing Period.

The Service Provider shall issue an invoice for the purchase price of hardware devices (“Hardware Fee”) on the date the hardware arrives at the Customer or no later than the eighth day of the following month.

 

7.4 The Parties agree that if any amount payable to the Service Provider is not paid on time, the Service Provider shall be entitled, without prior notice to the Customer, to restrict use of the Service, including suspending operation of the Service entirely, and to maintain such restriction until the Customer has paid all outstanding amounts to the Service Provider in full.

 

7.5 The Parties agree that if the Agreement is concluded for a Billing Period longer than one month, including a quarterly, semi-annual, annual or two-year Billing Period, the Customer may cancel the Service in accordance with this Section.

For such cases, the Parties provide the Customer with a right of withdrawal.

The Customer may withdraw from an Agreement concluded for a Billing Period longer than one month by sending the Service Provider a written declaration no later than two weeks after the Agreement enters into force pursuant to Section 12.1, subject to payment of a cancellation fee (“Cancellation Fee”).

The Cancellation Fee, constituting earnest money payable for withdrawal, shall equal:

  • 20% of the total Subscription Fee payable for the entire Billing Period under the Agreement; plus

  • 100% of the Hardware Fee.

If the Customer returns the hardware devices to the Service Provider at its own expense in undamaged and operational condition, the Cancellation Fee shall equal 20% of the Subscription Fee payable for the relevant Billing Period, without the Hardware Fee.

In the event of cancellation, the original invoice shall be cancelled and a new invoice for the Cancellation Fee shall be issued.

 

7.6 The Service Provider may provide the Customer with a free trial period (“Trial Period”) if agreed between the Parties.

The Trial Period may last for a maximum of four weeks.

During the Trial Period, the Service Provider shall provide the Customer with free use of the services included in the Stock Management Plan and one Spirit Scale.

The Trial Period shall begin when the Agreement enters into force pursuant to Section 12.1(a).

 

7.7 A contractual relationship already exists between the Service Provider and the Customer during the Trial Period.

Unless otherwise agreed by the Parties, the Agreement shall be concluded for an indefinite term with a monthly Billing Period and, because it is for an indefinite term, it shall not automatically terminate at the end of the Trial Period.

During the Trial Period, however, the Customer may terminate the Agreement at any time in writing, without giving reasons and with immediate effect.

At the same time, the Customer shall return the Spirit Scale and/or any other hardware received to the Service Provider at its own expense within fifteen business days.

​

7.8 If the Customer does not terminate the Agreement during the Trial Period, the contractual relationship shall continue from the day following expiry of the Trial Period as an agreement for an indefinite term.

Unless the Customer makes a declaration to the contrary during the Trial Period:

a) the Customer shall continue to use the Stock Management Plan and shall pay its Subscription Fee for the period following the Trial Period;

b) the Agreement shall continue with a monthly Billing Period; and

c) the Customer shall purchase the Spirit Scale that was provided free of charge during the Trial Period.

The Parties expressly agree that if the Customer does not terminate the Agreement during the Trial Period, this confirms that, from the day following the Trial Period, the Agreement shall continue, and shall be extended, as an indefinite-term Agreement with a monthly Billing Period under the conditions set out in this Section.

Accordingly, the Customer’s silence in this respect shall constitute a legal declaration by conduct.

​

7.9 If, after the Trial Period, the Customer wishes to use a plan and/or Billing Period different from that specified in Section 7.8 and/or wishes to purchase a different type of scale from the Service Provider, the Customer shall notify the Service Provider no later than the final day of the Trial Period.

In such case, the Parties shall amend the Agreement in accordance with the Customer’s request.

If the Customer wishes to modify the Agreement after the Trial Period, such modification shall be subject to agreement between the Parties.

If the Customer requests a different type of scale, the Customer shall return the Spirit Scale used during the Trial Period to the Service Provider at its own expense within seven days and shall be liable for any damage to the Spirit Scale exceeding damage resulting from ordinary and proper use.

​

7.10 Following the Trial Period, provided the Customer has not terminated the Agreement by the end of the Trial Period, the Service Provider shall be entitled, without further notice, to issue invoices to the Customer for the Subscription Fee payable under the Agreement for the period following the Trial Period and/or for any scale(s) purchased by the Customer.

​

8. COPYRIGHT, USAGE AND OTHER RIGHTS

​

8.1 The Parties acknowledge that, in connection with use of software supplied by the Service Provider under the Agreement and equipment supplied during performance of the Agreement, the Customer shall acquire only those rights to use the software and/or possess or own hardware devices that are expressly provided for in the Agreement, and only in the manner and to the extent specified therein.

​

8.2 The Parties agree that the Service Provider retains all copyright relating to the Service, including software and other copyright-protected works provided to the Customer in connection with the Service.

The Customer may itself use such copyright-protected works during the term of the Agreement solely in a proper manner and to the extent appropriate for the purpose of the Agreement.

​

8.3 The Customer may exercise the rights of use and other rights received under the Agreement only itself and may not transfer or permit the exercise of such rights to any third party.

​

9. RULES OF COMMUNICATION BETWEEN THE PARTIES

​

9.1 The Customer acknowledges that, in order to facilitate smooth cooperation, the Service Provider provides live personal and telephone support on each business day between 9:00 a.m. and 4:00 p.m. CEST/CET at +36 20 444 6737.

Outside these hours, the Customer may contact the Service Provider regarding any questions or issues at info@ibar.ai.

​

9.2 The information supplied by the Customer to the Service Provider shall include the Customer’s contact person.

The Service Provider’s contact details, including e-mail address and telephone number, shall be specified in an e-mail or in the Agreement sent to the Customer (“Contact Persons”).

The Customer shall specify the details and contact information of its designated Contact Person in the Individual Agreement and undertakes to notify the Service Provider immediately by e-mail of any change in the identity and/or contact details of the Contact Person.

 

9.3 The Parties represent and warrant that their designated Contact Persons are duly authorised for the purposes of cooperation and communication regarding provision of the Service.

The Parties agree that they shall directly contact the designated Contact Person or designated employee in connection with work performed within the framework of the Service.

​

9.4 The Parties represent and warrant that they shall provide each other with accurate and up-to-date information regarding their contact addresses, including in particular their e-mail addresses and postal addresses or addresses for service.

A Party shall notify the other Party in writing, including by e-mail, sufficiently in advance of any anticipated change in its contact details or, in the event of an unexpected change, immediately.

​

9.5 The Parties expressly agree that letters and documents sent by postal service shall be deemed delivered on the date of the first attempted delivery if they are returned to the sender marked:

  • “not collected”;

  • “acceptance refused”;

  • “moved”; or

  • “unknown”;

and/or where delivery otherwise fails for a reason attributable to the recipient.

​

9.6 The Parties expressly agree that they shall primarily communicate electronically by e-mail and that letters, documents, invoices and invoice copies sent electronically to the company, billing or contact e-mail address specified in the Agreement shall be deemed delivered.

Letters, documents and invoices sent electronically shall be deemed delivered and communicated when they become accessible to the recipient.

The Parties expressly agree that electronically transmitted letters, documents or invoices whose delivery fails for a reason attributable to the recipient shall be deemed delivered at the time they are sent.

​

9.7 The Parties expressly agree that an ordinary e-mail not bearing a qualified electronic signature and/or timestamp shall nevertheless be considered written form for the purposes of communication between the Parties.

​

9.8 The Parties expressly agree that if a Party does not respond within three business days to an e-mail received at the contact e-mail address specified in the Agreement from the other Party’s contact e-mail address specified in the Agreement, the contents of such e-mail shall be deemed accepted by that Party.

​

9.9 The Customer represents and warrants that the e-mail address provided by it in the Agreement belongs to the Customer, is accessible by the Customer, is regularly monitored by the Customer, and cannot be accessed by unauthorised third parties.

​

10. DATA PROTECTION

​

10.1 The Parties acknowledge that if, during the provision of the Service, the Service Provider is required to use personal data controlled by the Customer (“Personal Data”), the Customer shall provide such Personal Data to the Service Provider.

The Service Provider shall process the Personal Data supplied in accordance with the Customer’s instructions or directions.

Accordingly, with respect to processing of such Personal Data, the Parties acknowledge that the Service Provider shall qualify as a data processor within the meaning of Section 3(18) of Act CXII of 2011 on Informational Self-Determination and Freedom of Information (“Data Protection Act”), while the Customer shall qualify as the data controller within the meaning of Section 3(9) of the Data Protection Act.

 

10.2 The Service Provider may use Personal Data solely for the purpose of performing the Task.

Accordingly, the Service Provider may not independently dispose of or make decisions concerning the Personal Data, may not make copies thereof in any form other than for data backup purposes, and may not disclose such Personal Data to third parties for commercial or other purposes, unless required to do so by law or an official proceeding.

The Service Provider may depart from the provisions of this Section only with the Customer’s prior written consent.

 

10.3 The Service Provider shall ensure that all persons authorised by it to process Personal Data are subject to confidentiality obligations.

The Service Provider shall also adopt and apply internal rules governing its operations to ensure that only authorised persons have access to Personal Data.

 

10.4 With respect to processing Personal Data, the Service Provider shall implement technical and organisational measures ensuring an appropriate level of protection for Personal Data in compliance with all applicable laws and Regulation (EU) 2016/679 of the European Parliament and of the Council (“GDPR”), and shall ensure protection of the rights of natural persons concerned by the processing.

Such measures shall ensure protection of Personal Data against unauthorised or unlawful processing and against loss, deletion or damage.

Such measures shall include provision of a level of security considered appropriate in light of technical standards and the categories of Personal Data processed.

 

10.5 In the event of a personal data breach affecting the Personal Data, including damage, destruction, loss or alteration of Personal Data, the Service Provider shall notify the Customer without delay after becoming aware of the incident.

In the event of a personal data breach, the Service Provider shall assist the Customer in making any required notification to the competent authority and in informing affected data subjects, unless the personal data breach is unlikely to result in a risk to the data protection rights of the affected persons.

 

10.6 By accepting these GTC and entering into the Agreement, the Customer represents and warrants that any Personal Data supplied to the Service Provider has been processed lawfully, based on the consent of the relevant data subjects or another appropriate legal basis, and that the Customer lawfully provides such Personal Data to the Service Provider.

The Customer shall compensate the Service Provider for all losses suffered by the Service Provider in connection with any breach of the warranties set out in this Section, including, in particular, any administrative fines imposed due to irregularities in data processing.

 

10.7 The Service Provider shall destroy Personal Data supplied to it or otherwise coming into its possession within five business days following receipt of the Customer’s written request for deletion.

At the Customer’s written request, the Service Provider shall issue a valid declaration confirming such destruction in electronic or printed form.

This may also take place in an automated, system-supported manner.

The Service Provider shall act in accordance with this Section also where it has completed the Task and there is therefore no longer a proper basis for retaining the Personal Data obtained in connection with the Task.

The Customer consents to the Service Provider destroying Personal Data in accordance with this Section.

 

10.8 With respect to Personal Data supplied by the Customer for which the Service Provider qualifies as data controller, the Service Provider shall act in accordance with the privacy notice available on its Website.

The Customer shall accept the contents of the privacy notice before logging into the App.

​

11. CONFIDENTIALITY

​

11.1 For the purposes of these GTC, confidential information (“Confidential Information”) means any fact, information, solution or other data, including conclusions that can be drawn therefrom, that becomes known to either Party during performance of the Agreement or provision of the Service, regardless of its form, and that relates to the economic activities of the other Party, its subsidiaries or business partners directly connected with it.

Confidential Information includes in particular:

  • trade secrets;

  • know-how;

  • intellectual property;

  • policies and procedures;

  • IT and physical access-control information, including usernames and passwords;

  • business or operational processes and methods;

  • plans and specifications;

  • other software and databases;

  • other intellectual property;

  • ideas; and

  • projects under preparation.

 

11.2 Information that is generally known in the relevant field of use or publicly and directly accessible to anyone shall not constitute Confidential Information.

​

11.3 Both the Service Provider and the Customer undertake unconditionally and irrevocably not to disclose Confidential Information publicly or to any third party and to keep Confidential Information secret and confidential without limitation in time and to take all measures necessary to preserve such confidentiality.

​

11.4 If either Party breaches these obligations, it shall bear full liability for the resulting damages.

The Parties shall appropriately inform their affected employees, contractors and other Contributors of the obligations set out in this Section.

​

11.5 The Service Provider may refer to the Customer as a reference customer.

 

11.6 The confidentiality obligations shall not restrict disclosure obligations prescribed by law concerning public-interest information or information made public in the public interest.

​

12. TERM AND TERMINATION OF THE AGREEMENT

​

12.1 The Agreement shall enter into force on the following date:

a) in the case of a Trial Period: on the date on which the Individual Agreement referred to in Section 2.6 is sent, as provided in Section 7.6, provided that if the Parties do not terminate the Agreement during the Trial Period, the Agreement shall remain in force after expiry of the Trial Period;

b) in other cases where no Trial Period applies: likewise, on the date on which the Agreement referred to in Section 2.6 is sent; or

c) if different from the dates specified in paragraphs (a) and (b): on the date agreed between the Parties.

For monthly, quarterly and semi-annual Billing Periods, the Agreement shall be concluded for an indefinite term.

For an annual Billing Period, the Agreement shall be concluded for a fixed term of one year.

The “Billing Period” means the period in respect of which the Service Provider invoices or may invoice the Subscription Fee as a single amount.

 

12.2 In the case of a Trial Period, the Agreement shall take effect at the beginning of the Trial Period and, unless otherwise agreed by the Parties or otherwise instructed by the Customer, shall remain in force for an indefinite term.

The Customer shall have no obligation to pay a Subscription Fee during the Trial Period.

For the period following the Trial Period, unless the Customer unilaterally provides otherwise during the Trial Period or unless otherwise agreed by the Parties, the Agreement shall continue for an indefinite term with a monthly billing cycle.

In the case of a Trial Period, before the Customer’s obligation to pay the Subscription Fee begins, the Service Provider shall inform the Customer thereof in writing electronically.

​

12.3 The Parties may terminate the Agreement by ordinary written termination effective at the end of the applicable Billing Period.

The Parties expressly agree that the Billing Period shall simultaneously constitute a period during which the Parties exclude the right to terminate the Agreement by ordinary termination.

Accordingly, ordinary termination may take effect only at the end of a Billing Period.

​

12.4 The Customer’s cancellation and withdrawal rights are set out in Section 7.5 of these GTC.

 

12.5 The Agreement between the Service Provider and the Customer shall terminate if either Party ceases to exist without a legal successor.

 

12.6 The Parties agree that termination of the Agreement shall not affect, in particular, the provisions of:

  • Chapter 8 – Copyright;

  • Chapter 10 – Data Protection; and

  • Chapter 11 – Confidentiality.

These provisions shall remain in force notwithstanding termination of the Service.

​

13. FORCE MAJEURE

​

13.1 If exercise of a Party’s rights or performance of its obligations is delayed or prevented by Force Majeure or by the conduct of the other Party or an event falling within the other Party’s sphere of responsibility, this shall excuse the affected Party’s failure to perform in accordance with the Agreement.

A Party shall not, however, be exempt from the consequences of non-performance or defective performance if such non-performance or defective performance results from extraordinary, unforeseeable circumstances beyond its control but those circumstances do not make performance impossible and merely hinder or make performance more difficult.

Such circumstances may nevertheless justify a delay proportionate to the impediment.

 

13.2 “Force Majeure” means unavoidable events beyond the Parties’ control that hinder or make performance of the Agreement impossible.

Such events may include, for example:

  • government measures;

  • strikes;

  • war;

  • acts of public enemies;

  • acts of terrorism;

  • revolutionary acts;

  • civil unrest;

  • blockades;

  • epidemics;

  • landslides;

  • fire;

  • storms;

  • floods;

  • earthquakes;

  • explosions;

  • inundation;

  • water damage;

  • storm damage;

  • extreme frost;

  • extreme weather;

  • electrolytic or chemical processes;

  • unusual transport delays; or

  • similar unavoidable events beyond the Parties’ control.

For the purposes of this Agreement, the Parties expressly agree that Force Majeure shall also include major internet outages, server outages, power outages and outages of international telecommunications networks that prevent or make it impossible for the Service Provider to perform its obligations under the Agreement.

 

13.3 A Force Majeure situation and reliance upon Force Majeure shall not by itself entitle either Party to terminate or withdraw from the Agreement.

However, if performance of the Agreement becomes permanently impossible, the Agreement shall terminate.

​

14. MISCELLANEOUS PROVISIONS

​

14.1 The Parties and their representatives declare that their legal capacity to enter into contracts is not restricted, that they are not subject to liquidation, voluntary winding-up or bankruptcy proceedings, that the validity of their declarations does not require the consent of any third party, and that their representatives are duly authorised to make legal declarations on their behalf.

 

14.2 The Parties mutually declare that they shall seek to resolve any disputes arising from the Agreement amicably, by mutual agreement and out of court.

If negotiations do not lead to a resolution, the Parties submit any dispute arising out of or in connection with this legal transaction, including disputes concerning its breach, termination, validity or interpretation, to the jurisdiction of the competent Hungarian courts.

 

14.3 The Parties agree that the Agreement shall be interpreted in accordance with Hungarian law and that disputes arising in connection with the Agreement shall be subject to Hungarian jurisdiction.

 

14.4 If either Party fails to exercise, or delays in exercising, any right or remedy available to it under the Agreement or applicable law, such failure or delay shall not constitute a waiver of that right or remedy.

 

14.5 Effective date of these GTC: 1 June 2026.

© Copyright 2026 iBar Experience

bottom of page