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GENERAL TERMS AND CONDITIONS

 

(hereinafter: GTC) cover the service of the iBar application provided by 

Company name: iBar Experience Korlátolt Felelősségű Társaság 

Registered seat: 7800 Siklós, Petőfi Sándor Street 3

Place of administration: 7800 Siklós, Külterület 015/19

Company registration No.: 02 09 84938

Tax number:  27342992-2-02

Web: https://www.ibar.ai

Phone number:+353 20 444 6737

E-mail:info@ibar.ai

Represented by: Dr. Boglárka Várkuti Managing Director as the Contractor (“Contractor”). 

The purpose of these GTC is to summarize the terms and conditions of the use of the iBar application (“App”) and the services provided on the website www.ibar.ai (“Web”), as well as the rights and obligations of the Contractor and the Users. The material scope of these GTC therefore covers the use of services available or accessible through the App and the Web (“Services”), as well as the relevant terms and conditions related thereto. The personal scope of these GTC extends to all Users using any Services provided by the Contractor (“User”). 

 

2 CONTRACTUAL RELATIONSHIP BETWEEN THE PARTIES 

2.1 The Contractor performs information technology consultancy, computer programming, data processing and media advertising activities and/or provides services to its partners (“Client”, while the Contractor and the Client together are hereinafter referred to as: “The Parties”) under the terms and conditions set out in these General Terms and Conditions (“GTC”), and within that framework, performs software development, operational and documentation tasks, as well as other computing activities matching its competence (“Task”). 

2.2 If the Client requests the Service through the Contractor's business partners ("Partner"), the Contractor will receive the necessary data for the registration of the Service from the Partner (see Privacy Policy), after which the Contractor will send the data necessary for the use of the Service to the Client by e-mail. The contractual relationship between the Contractor and the Client is established upon registration with the content with which the Client has requested the Service from the Partner.

2.3 If the Client requests the Service from the Contractor, he will receive the necessary data from the Contractor for the registration of the Service (see Privacy Policy). The contractual relationship between the Contractor and the Client is established upon registration.

2.4 By means of the GTC agreed upon the initial login of the App, the Parties declare that the provisions of these GTC have been known and accepted. 

 

3 RIGHTS AND OBLIGATIONS OF THE CONTRACTOR 

3.1 The Contractor must act in the performance of the Task in compliance with these GTC and the Client's guidelines. 

3.2 The Contractor is obliged to inform the Client before fulfilment of the task about the possible alternatives suitable for achieving the goals set out by the Client in advance, in order to ensure the possibility of defining the demand by the Client. 

3.3 The Contractor is obliged to perform his duties at a high professional level, free of defects and deficiencies, with the due diligence expected of an expert. The Contractor is entitled to pre-performance. 

3.4 The Parties state that the Contractor is entitled to employ subcontractors and other contributors (subcontractors, employees and other assistants entrusted by the Contractor together: “Contributors”) through its Partners, but he does not bear any responsibility for their activities towards the Client. The Contractor is not obliged to coordinate the work of the Contributors through the Partner. 

3.5 If, during the performance of the Task, a circumstance impeding the performance of the Contractor arises, the Contractor shall immediately inform the Client thereof. 

3.6 If the Contractor performs all or part of the Contractor's Work, even on a temporary basis, on the Client's premises or on the premises of the Client's customer or other contractor, the Contractor shall comply fully with all applicable rules and regulations, including but not limited to health, safety, security or fire regulations, and shall perform its activities in accordance with them and shall compensate any damage caused to the person concerned in connection with any breach of them. 

 

4 RIGHTS AND OBLIGATIONS OF THE CUSTOMER 

4.1 The Client is obliged to take over the contractual performance of the Contractor.

4.2 After placing the order, the Client is obliged to provide the Contractor without delay with all the information and materials necessary for the performance of the Task in such a way as to facilitate the performance of the Contractor. In addition, the Client is obliged to consult the Contractor at the Contractor's request to do so and to fully implement all necessary measures for the performance of the Task. In the event of a delay in the Customer's obligations under this clause, the time limit for performance of the Contractor's obligations shall be extended by the duration of the delay. 

4.3 If the Parties agree to this effect, the Client shall provide the Contractor with the technical and other infrastructure conditions necessary for the performance of the contract. 

4.4 The Client shall immediately inform the Contractor of any circumstances, disturbances or obstacles that may affect the performance of the Task. 

 

5 OBLIGATIONS OF THE CONTRACTOR 

5.1 On the basis of this GTC, the Contractor declares and warrants that he possesses high level of expertise, qualifications and technical means necessary for the flawless performance of the Task - not including the tools, software and other infrastructural conditions to be provided by the Client - and can use them lawfully. 

5.2 Without prejudice to the validity of the regulations of copyright, use and other rights sections, Contractor undertakes full legal warranties for all computer programs transferred to the Client during the term of the contract. The Client acknowledges that guarantee claims may be enforced to the Contractor for the following hardware devices: iBar liquor scale replacement guarantee within 1 year, beer scale replacement guarantee within 1 year. 

5.3 The Contractor provides the Services through “cloud-based” resources provided by the Contractor. The Contractor provides the services with 99% availability per annum. For the calculation of availability, the duration of pre-declared maintenance and the period of inadequate operation of some sub-functions shall not be counted as a shortage. 

5.4 The Contractor is obliged to make every effort to ensure that the Services are available on an ongoing basis, but shall not be liable for any errors beyond his control (including, but not limited to, any loss of information due to operation of the internet network, overload, malfunctions caused by third parties or errors arising from improper handling). 

5.5 The Contractor is not responsible for the operability, co-operability and/or future integrability of external systems, applications and services that cooperate with and/or integrate with the Services, developed or operated by the Client or third parties. The time of availability of the Services is not reduced by outages caused by external systems, applications and services provided by the Client or third party, even if the application or service is provided or recommended by the Contractor to the Client. 

5.6 The Contractor shall not be liable for any economic and other damages arising from out-of-service Service time (planned and unplanned cases). The availability time provided applies only to the system-level use of the Services. 

5.7 The Customer agrees that the Contractor may, if necessary, carry out maintenance on any day of the week between 1 a.m. and 2 a.m. of the same day without prior notice, due to  which whole or part of the Services are not available. These periods are not included in the availability time. 

 

6 PERFORMANCE OF THE CONTRACT 

6.1 The Contractor is obliged to deliver the ordered Service to the Client as soon as possible. The Contractor is not responsible for delayed data supply from the Partner (data required for registration of the Service) to the Contractor; the Contractor is not responsible for the consequences arising therefrom.

6.2 The Parties state that if the performance of the Contractor is inadequate, the Client shall return a list of errors to the Contractor, who is obliged to immediately start correcting the errors (info@ibar.ai). The Parties shall set a deadline for correcting the errors by mutual agreement in the knowledge of the errors. Subsequently, in case of successful correction of errors, the Customer shall confirm the correction of the errors in writing. 

6.3 The Client acknowledges that the inventory data stored in the cloud will be returned to the Partner by the Contractor, and the availability of these data shall be governed by the Client's agreement with the Partner. The Contractor is not subject to any obligation for the resulting loss of data, and any claim enforcement is excluded. 

6.4 Upon termination of the contract between the Parties, the Contractor is not liable or responsible for any data in connection with the Service.

 

7 THE CONTRACTOR’S FEE 

7.1 If the Client requests the Service through a Partner, the Contractor does not request any remuneration from the Client, the Client is obliged to remunerate the Service to the Partner in accordance with the agreement or contract concluded with the Partner.

7.2 If the Customer requires the Service from the Contractor without a Partner, the rental fee of the Service is 12000 HUF+VAT/month/bar, restaurant or place (“Rental fee”). The yearly rental fee of the Service is 12 months rental fee +VAT for which Service is provided for 14 months.

The one-time purchase price of the iBar short drink scale is 12000 HUF+VAT. The one-time purchase price of the iBar beer scale is 59480 HUF+VAT. If Client requires the Service from the Contractor, but the Service works through a Partner and therefore the Partner requests remuneration from the Client, the price of the Service may be different from the Rental Price specified above, but only to an extent that Client does not pay disproportionately more in the case of the Service used through a Partner. The price of the Service, the short drinks scales, and the beer scales may periodically deviate from the fees set out in this point under the Promotion Discount. Promotion discount periods will always be announced on the Service's website (www.ibar.ai). Contractor may invoice Customer for setting up fee covering travel cost if applicable, but in this case Contractor provides this information by phone and email to the Customer prior to ordering personal setting up by Customer from Contarctor. Personal setting up fee must be known and acknowledged by Customer before ordering the personal setting up. In case Customer has 3 or more restaurants/bars or places where he will order the Service from Contractor, Customer is entitled to custom price offer, the content of which overwrites the correspondent content of this GTC and supplements this GTC.

7.3 If the Partner issues the first invoice before the installation, the Client acknowledges that on the basis of his order the installation may take place only after he has paid the first invoice issued by the Partner (which usually includes: the installation fee, the purchase price of the hardware equipment, the first rental fee of the Service, etc.). If the Client has requested the Service not through a Partner, the rental of the Service begins with a registration email sent to the Client. By the 10th day of each month the Contractor shall issue an invoice for the rental fee of the Service to the Client for the previous month. The Contractor shall issue an invoice for the purchase price of hardware devices to the Client on the day of delivery of the hardware devices to the Client (postal date or personal delivery date).

7.4 The Client acknowledges the Contractor's contractual performance based on sending by the Contractor the data required to use the Service by e-mail (registration e-mail).

7.5 The Client is aware that in case of non-payment or late payment of fees to the Partner or the Contractor, the Contractor is entitled to restrict the use of the Service without prior notice to the Client, even to stop its operation - and to maintain the restriction until the Client pays the delayed fee to the Partner or Contractor in full. 

 

8 COPYRIGHT, USE AND OTHER RIGHTS 

8.1 The Parties stipulate that the use of the software provided by the Contractor for the purpose of the performance of the Service and the use of the hardware provided by the Contractor in the context of the performance of the Service, right of possession or in case of hardware assets right for ownership shall only be obtained subject to the provisions of the contract concluded by the Partner and to these GTC. 

8.2 The Contractor reserves the copyright relating to the Service to the fullest extent. 

 

9 RULES OF CONTACT BETWEEN THE PARTIES 

9.1 The Client acknowledges that  live personal telephone support - +36204446737 - every working day between 9.00-17.00 (CEST/CET) shall be provided for seamless cooperation. In addition, at times outside the specified time interval, we recommend that you contact us at info@ibar.ai with any questions or problems. 

9.2 The data sent by the Partner to the Contractor shall include the Client's contact person, and the contact details of the Contractor (e-mail address and telephone number) are included in the e-mail sent to the Clients (“Contacts”). The Parties shall be responsible for ensuring that the respective Contact Person and the staff member designated by the Contractor are duly authorised to represent that Party with regard to cooperation in the provision of the Service, the communication and the exercise of the Parties' rights.

9.3 The Parties shall call the contact person or the designated staff member directly in connection with the work carried out under the Service. 

9.4 The Client is entitled to change the person previously designated as the contact person by e-mail to the Contractor. 

9.5 The Parties shall also be deemed to have served notices and information whose return receipt is returned to the sender from the address indicated by the Parties as "not sought" or "refused receipt", or if the letter cannot be delivered to the addressee because the addressee has failed to notify the other Party of a change in the contact details of the Contact Persons. The Parties shall also consider that notifications and communications sent by e-mail to the e-mail addresses provided by the Contact Participants to have been delivered.

 

10. DATA PROTECTION 

10.1 The Parties stipulate that if, during the existence of the Service, the Contractor must also use personal data processed by the Client (“Personal Data”), the Client is obliged to pass such Personal Data to the Contractor. The Contractor processes the transferred Personal Data in accordance with the order or instructions of the Client, for this purpose the Parties shall record that, in the scope of the processing of Personal Data, the Contractor is subject to Article 3 of Act CXII of 2011 on the Right of Informational Self-Determination and Freedom of Information (“Data Protection Act”) considered a data processor within the meaning of § 3 point 18. 

10.2 The Contractor shall only use the Personal Data for the purpose of fulfilling the Task. Thus, the Contractor shall not dispose of Personal Data, make decisions, make copies (other than backups) in any form or disclose them to third parties for business or other purposes, unless the Contractor is obliged to do so by law or official procedure. The Contractor is entitled to derogate from this clause only with the prior written consent of the Client. 

10.3 The Contractor is obliged to ensure that all persons authorized by him to process data assume confidentiality obligations. The Contractor is also obliged to adopt and apply internal rules governing its operation, on the basis of which only authorised persons have access to personal data. 

10.4 With regard to the processing of Personal Data, the Contractor must adopt technical and organisational measures to ensure an adequate level of protection of Personal Data, in such a way that it complies with the applicable legislation and the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council (“GDPR”) and to ensure the protection of the rights of the natural persons concerned in respect of data processing. Such measures should ensure the protection of personal data against unauthorised and illegal processing  and against loss, erasure or breach of the data. Such measures include ensuring a level of security, which should be considered appropriate taking into account technical standards and the categories of personal data processed. 

10.5 In the event of a data protection incident related to the processing of Personal Data, including damage, destruction, loss or alteration of Personal Data, the Contractor shall notify the Client immediately after the incident occurs. In the event of a data protection incident, the Contractor is obliged to assist the Client in making a notification to the authority and informing the data subjects, unless the data protection incident is presumed to be without prejudice to the data protection rights of the data subjects. 

10.6 By acknowledging this Agreement, the Client warrants that the Personal Data provided to the Contractor is processed lawfully, with the consent of the data subjects or on another appropriate legal basis, and is lawfully made available to the Contractor. The Client shall be obliged to reimburse the Contractor for all damages suffered by the Contractor in connection with breaches of its warranties set out in this clause (including in particular the amount of fines for data processing irregularities). 

10.7 The Contractor is obliged to destroy each Personal Data provided or obtained in any way within 5 (five) working days from the notification of the Client's written claim in this regard, and, in case of the Client's written claim issue a valid legal declaration to the Client (in electronic or printed form) certifying this. This can also be done in an automatic, system-supported format. In accordance with the provisions of this section, the Contractor is obliged to act even if he has fulfilled a Task, so there is no adequate reason for storing the Personal Data obtained in connection with it. The Client gives his consent to the destruction of Personal Data by the Contractor in accordance with this clause. 

10.8 In respect of Personal Data provided by the Client for which the Contractor is considered to be a data controller, the Contractor shall act in accordance with the data management declaration on its website. The contents of the Privacy Policy shall be accepted by the Parties before entering the App.

10.9 The Contractor shall not be liable for the unlawful transfer of Personal Data by the Partner to the Contractor and for the compensation of the resulting damage to the client.

 

11. SECRECY 

11.1 For the purposes of these GTC, confidential data (“Confidential Data”) means any fact, information, solution or other data (including conclusions derived therefrom) that became known to a Party during the performance of the Service, irrespective of its form related to the economic activities of the other Party, its subsidiaries and its partners directly related to it. Confidential Information shall include, in particular, data providing control of trade secrets, know-how, intellectual works, regulations, IT and physical access (usernames and passwords), business or operational processes and methods, plans and specifications, other software and databases, as well as other intellectual works, ideas and prepared projects. 

11.2 Data that is commonly known or publicly accessible directly to anyone in the field of use shall not be considered Confidential Data. 

11.3 By accepting these GTCs, both the Contractor and the Client undertake unconditionally and irrevocably not to disclose the Confidential Information to the public or to any third party, and to keep the Confidential Information confidential without time limitation, to treat it confidentially and to take all measures necessary to maintain its confidentiality.

11.4 The Parties, or persons effectively acting on their behalf, shall be fully liable for damages in the event of a breach of this obligation. The Parties shall provide appropriate information on the obligations under this clause to their relevant employees, agents and other Contributors. 

11.5 The Contractor may refer to the Client as a reference. 

11.6 Confidentiality does not extend to the disclosure of data of public interest and to the statutory obligations to provide information and to provide information on data of public interest. 

 

12 COMING INTO EFFECT AND TERMINATION 

12.1 The contractual relationship between the Contractor and the Client shall be established upon registration to the Service with the content with which the Client has requested the Service from the Partner or the Contractor. Upon contractual relationship between the Contractor and the client, paying period for the Service starts (subscription) and Contractor is entitled to the Contractor's fee. In case of a free trial period or its written agreement of lengthening the trial, the Contractor determines the starting date of the subscription in mutual agreement with the Client and informing Client in a written form (electronic).

12.2 The Parties acknowledge that the General Terms and Conditions are in effect until a contract or amendment to a contract with a content other than those stated in the Terms and Conditions is signed by the parties. The Parties hereby stipulate that the Client has read and understood these Terms and Conditions prior to entering the App. Therefore, he cannot subsequently claim that he did not read, did not notice or was not specifically informed of a clause of the General Terms and Conditions, so that a clause does not apply to him. 

12.3 The Parties declare that they have the right to terminate the Service by unilateral ordinary termination, with a written notice of termination, for the last day in the month of the date of the notification, unless otherwise regulated by the Partner, when the Parties may terminate the contract in a manner specified by the Partner.

12.4 The Parties agree that the termination of the Service shall not affect the provisions of Section 5 (Obligations of the Contractor), Section 8 (Copyright), Section 10 (Data Protection), Section 11 (Confidentiality) of the GTC, which shall remain in force regardless of the termination of the Service. 

12.5 Contractual relationship between the Contractor and the Client is terminated upon the Contractor’s termination of its company without any legal successor.

 

13 FORCE MAJEURE 

13.1 Force majeure shall be deemed to be an event beyond the control of the Party concerned, an unavoidable event or a situation that can be considered a catastrophic event, if as a result of such an event the Party is unable to fulfil its contractual obligations towards the other Party. 

13.2 A force majeure situation does not in itself result in exemption from the contractual obligation, but may, on this basis, give rise to a delay in fulfilling the obligation. The Force Majeure situation, the reference thereto does not give rise to termination or withdrawal of the contract. 

13.3 In a force majeure situation, neither Party shall be liable for any failure or delay in the performance of its obligations under the GTC if caused by a force majeure event as defined in clause 14.1.

 In the event of a force majeure event, the Party concerned shall notify the other Party in writing without delay. 

 

14. MISCELLANEOUS STIPULATIONS

14.1 The Parties and the Representatives declare that they have the capacity and authorization to fulfil their obligations. 

14.2 The Parties mutually agree to settle any disputes arising from the Service by mutual agreement, amicably and out of court. If the negotiations are unsuccessful, the Parties submit to the jurisdiction of the competent Hungarian court for any dispute arising out of, in connection with, or relating to the breach, termination, validity or interpretation of this legal transaction. 

14.3 The parties agree that the contract shall be interpreted in accordance with Hungarian law and they submit to the jurisdiction of the Hungarian courts in respect of any disputes arising in connection with the contract. 

14.4 The failure or delay of a Party to exercise any of its rights or remedies under this Contract or under any law shall not constitute a waiver of such right or remedy. 

14.5 In matters not covered or not covered in reasonable detail by this contract, the provisions of the legislation in force shall prevail.

 

© Copyright 2023 iBar Experience

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