Kreaktor Kommunikációs Kft (hereinafter: the “Company”)
(seat: 1137 Budapest, Szent István park 5. 3. em. 3.; company registration no.: 01 09 720956; Companies Register kept by the Municipal Court as Court of Registration; tax number: 13145682241; EU tax number: HU13145682; representative: Molnár Mária & Péter Kemény; email: firstname.lastname@example.org)
General Terms and Conditions of using the website https://tealcompass.com/
- General Provisions
By registering on the website https://tealcompass.com/ (hereinafter: the “Website”), a contract is concluded between the registrant (hereinafter: the “Customer”) and the Company with the content determined by these General Terms and Conditions (hereinafter: “GTC”) for an indefinite term, incorporated in writing, concerning the use of certain free functions available on the Website as described in the applicable User Guide.
When the Customer subscribes to a chargeable service on the Website, a written contract shall come into existence between the Customer and the Company, for a fixed term, regarding the use of the chargeable functions of that service with the content determined in the present GTC and in the User Guide for that service. The Customer is not entitled to cancel his or her order for a chargeable service.
Information on the essential features of the services provided on the Website, the operation of the digital data content, the applicable technical protection measures, and the ability of the digital data content to interact with hardware and software are also included in the User Guides.
The total amount of the fee for the chargeable service provided on the Website increased by taxes, inclusive of all costs incurred during the invoicing period, is included in the applicable table of fees, and the fees for each service are displayed separately for the Customer before the order is finalized.
The fee for the given service is payable online at the same time with the order, electronically.
In addition to recording the Customer’s details provided by the Customer, the Company will not file the contract concluded with the Customer separately, however, if the Customer registers by providing an email address, the Company will confirm the Customer’s registration by sending a message to the email address given by the Customer, and the Customer may activate his/her registration by clicking on the link contained in the message within ……… hours of dispatch of the confirming message. There is a one-step registration with Google and Facebook accounts, in which case the Company will not send an activation email.
- Disclosure of information
Hosting Service: the seat, business premises and contact details of the service provider rendering hosting service to the Company and in particular, its regularly used electronic mail address for contacting users is as follows:
3411 Silverside Rd.
Tatnall Building #104
Wilmington, DE 19810 USA
410 Terry Avenue
North Seattle, WA 98109 USA
Accessibility: The Company makes these GTCs available to the Customer in such a way that the Customer may download them and/or print them out.
Technical steps to be taken in order to conclude the contract electronically: you must fill in the online registration form properly, enter the payment method depending on the service you choose, check the completed form and finalize the registration.
Tools for identifying data entry errors and correcting them prior to submitting a contractual statement: The Customer may review the registration form containing his or her data prior to finalizing the registration and may correct any errors himself/herself if need be.
Possible languages for contract conclusion: Contracts may be written in the language(s) in which the present GTC are available on the Website. The list of available languages may change from time to time.
- Governing law
In respect of issues not regulated by these GTC, the legal regulations effective in Hungary, especially the provisions of
- Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (“Info Act”);
- Act CVIII of 2001 on Electronic Commerce and on Information Society Services (“E-Commerce Act”);
- Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities (“Commercial Advertising Act”);
- Act V of 2013 on the Hungarian Civil Code (“Civil Code”);
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (general data protection regulation) (“GDPR”)
Furthermore, if the Company enters into a contract under these GTC with a natural person who shall qualify as a consumer, then the legal regulations of
- Government Decree No. 45/2014. II. 26.) on the Detailed Rules of Contracts between a Consumer and an Enterprise (“Decree”);
- Act XLVII of 2008 on the Prohibition of Unfair Business-to-Consumer Commercial Practices, and
- Act CLV of 1997 on Consumer Protection
shall also be applicable.
- Data privacy
The Company attaches great importance to the protection of personal data. Accordingly, we process and maintain personal data in compliance with the provisions of the Info Act, the GDPR and the E-Commerce Act.
The Company shall process the data specified in Section 13/A of the E-Commerce Act for the purpose and in the manner described therein, on the basis of the authorization of a piece of legislation, for the indefinite period of the Customer’s registration on the Website and, regarding the data required for invoicing, for the fixed period of time relating to the chargeable service. These data are by the Customer when registering or when purchasing a service, and giving these data is a prerequisite for entering into a contract for chargeable services.
In addition, subject to the Customer’s express consent, the Company may also use the electronic mail address provided by the Customer for the purpose of sending newsletters or other commercial advertisement.
The Customer shall be entitled to record on the Website only personal data for which the data subject has given his or her consent after receiving appropriate information. If the Customer records personal data on the Website in violation of third-party rights, the Customer shall have full and unlimited liability to the Company for damages incurred by the Company in connection therewith, including fines and consequential damages.
Any additional data that may be uploaded by the Customer when using the Website will not be processed by the Company and will only be disclosed to Customer in his/her own account and to third parties authorized by Customer from time to time. Such data may include, in particular, the data voluntarily uploaded to the Customer’s profile, the profile picture, and the names and other information provided to identify the natural persons for the Customer himself/herself being investigated when using the services provided by the Website.
The failure to provide data that may be made available voluntarily does not affect the use of the Website.
The Customer or the data subject may request from the Company access to, rectification, erasure or restriction of processing of his or her personal data and may object to the processing of such personal data and shall have the right to data portability.
With respect to data processing not based on law, but solely based on consent, the Customer or the data subject shall have the right to withdraw the consent at any time, without prejudice to the lawfulness of the data processing performed prior to the withdrawal.
The Customer or the data subject is entitled to lodge a complaint addressed to the supervision office at: https://www.naih.hu/uegyfelszolgalat,–kapcsolat.html
The data subject may bring action before the court against the data controller, or the data processor – in connection with processing operations falling within the data processor’s scope of responsibilities – if he or she is of the opinion that the data controller and/or the data processor acting on the controller’s behalf or following the controller’s instructions processes his or her personal data in breach of the provisions of law or binding legislation of the European Union on the processing of personal data.
On the part of the Company no automated decision-making or profiling takes place in connection with the personal data.
The Company’s legal and financial advisors shall be allowed to have access to the personal data to the extent necessary for their activities, such as the Company’s current accountant, for the purpose of accounting for with the fee of the service rendered.
Data transfer to abroad may take place to the extent required by the operation of the hosting provider which provides the Website. In relation to this, the privacy rules of the hosting provider shall be applicable:
- Amazon Web Services (AWS) Service Terms
- Amazon Web Services (AWS) Data Privacy
- Hasura Cloud Terms of Service
- Vercel Terms of Service
Should you not request the erasure of your data, they shall be stored by the Company as long as the Company is rendering the services under the present GTC.
If any of your data is changed, or if you would like to modify or delete your registration, you can do so by clicking on the ‘edit your data’ button in your profile. Should you have any difficulty with this, please send us your request for erasure of your data to the above e-mail address or in a registered letter with acknowledgment of receipt sent to the Company’s registered seat. Should you have any questions in connection with the processing of your personal data, please do not hesitate to contact us. Thank you for honouring us with your confidence!
- Use of the Website
The copyrights and use rights of the content created by the Customer through the use of the Website shall be due to the Customer unrestrictedly and the Customer may, in particular, incorporate the content created by using the Website into its own intellectual property and use it as a part of the service rendered by the Customer and re-sell the content created by the Customer through the use of the Website as a stand-alone product at a price to be determined by the Customer.
However, in connection with any content created through the use of the Website, a link to the Website must be shown at all times and if the content created through the use of the Website is used or resold, the Customer must make clear to the third party who enters into a contract with the Customer that no legal relationship is coming into existence between the Company and the above mentioned third party and, apart from the Customer, no one shall have any right or claim towards the Company.
- The Company’s amendment of the provisions of the GTC or other rules on using the Website
The Company reserves the right to unilaterally amend these GTC at any time. The Company shall send the amended GTC to the email address provided by the Customer or publish it on the Website, and if the Customer continues to use the Website after the Company has sent the amended GTC or published it on the Website, this shall mean as the acceptance of the amendment of the GTC by the Customer and the amendment of the GTC will enter into force at the date of its sending or publication by the Company, whichever is earlier.
The Company reserves the right to amend the detailed rules of the services in connection with the Website. The Company shall publish the amended text of the detailed rules of the services on the Website, and if the Customer continues to use the Website after the Company has published the amended rules on the Website, this shall mean as the acceptance of the amended rules by the Customer and the amendment of the rules will enter into force at the date of publication by the Company on the Website.
The Customer shall not be entitled to any compensation or refund in connection with the amendment of the GTC or the modification of the services.
- Termination, restriction of the services
Both the Customer and the Company are entitled to terminate the contract concluded between the Customer and the Company under these GTC at any time by written notice, with immediate effect, without giving any reason.
The Company has the right to terminate the Website at any time, and to stop providing the materials available on the Website or rendering any service in connection with the Website, and has the right to limit the scope of the services, change the scope of the services or change the way they are rendered.
If the Customer requests the Company to cancel his or her registration, by submitting this request to the Company, the Customer acknowledges that cancelling the registration will result in the termination of the legal relationship between the Customer and the Company under these GTC and that the Customer will lose all of his or her rights arising from these GTC and in particular, the possibility of further access to any materials that may have been created and made available on the Website at the Customer’s account.
If the Company terminates or limits the free functions of the Website, the Customer shall not be entitled to any compensation.
If the Customer terminates a fixed-term subscription to the Website’s chargeable functions, the Customer will not be entitled to any refund or compensation.
In the event of the Company’s termination of the fixed-term subscription to the Website’s chargeable functions or the limitation of the scope of the services covered by the subscription, the Customer shall be entitled to a portion of the fee paid for the fixed term pro-rata temporis or in proportion to the decrease of the scope of the services.
- Disclaimer of the Company’s liability
The Company disclaims any and all liability for any conduct that it may demonstrate under section 6 or 7 of the present GTC. In addition, the Company disclaims all other liabilities in connection with the use of the Website, including but not limited to the use of free and chargeable content available on the Website and services provided in connection with the Website, including liability for breach of contract and liability for consequential damages suffered by the Customer.
By registering on the Website, the Customer acknowledges and accepts the Company’s disclaimer and hereby declares that (a) the free use of the Website – with respect to the free functions of the Website, (b) the proportion of the financial gain that can be achieved by the Customer by using the chargeable functions of the Website, adequately compensate for the disadvantage arising from the disclaimer.
By registering on the Website, the Customer also acknowledges that the Company is not responsible for the practical applicability of the materials or functions available on the Website or for achieving any result by using such, and the Customer waives any claim of compensation for any damages arising in connection with the materials and functions available on the Website, especially, but not limited to their use, providing them to a third party or discussing them with a third party, or failure to use them.
If the Customer provides a third party with the materials and functions available on the Website, he or she shall be obliged to make this third party aware of the present GTC and draw the attention of that third party to the fact that such third party may not learn or use the materials and functions available on the Website unless by accepting the restrictions contained in the present GTC.
- Special provisions relating to consumers
The following provisions shall apply only to Customers who qualify as consumers under point 3 of Section 8:1 of the Civil Code that is they are natural persons acting outside their trade, business or profession. Customers who do not qualify as consumers shall not be entitled to the following rights and the Company shall not have the following obligations towards them.
Exclusion of the right of withdrawal: By finalizing an order for a chargeable service, the Customer acknowledges that finalizing the order is deemed to be the commencement of the Company’s performance of rendering digital data content service on a non-tangible medium, whereby the Customer loses its right of withdrawal under Section 20 of the Decree. By finalizing the order, the Customer expressly and in advance consents to the Company’s commencement of such performance.
The Company does not operate customer service in relation to the Website, however, the Company accepts any questions regarding the chargeable services via the electronic or postal contact information indicated in these GTC and may unilaterally decide to operate a FAQ (Frequently Asked Questions) section or a blog for answering the Customers’ questions.
The Customer’s obligation in the case of a chargeable service is to pay a one-time fee, so the minimum duration of the Customer’s obligations under the contract is limited to the time of the order.
The Company confirms to the Customer by e-mail (electronic mail, which qualifies as a durable medium within the meaning of Section 4(9) of the Decree) the conclusion of the contract related to the Website, and simultaneously sends the following documents:
- the text of these GTC in effect at the time of the conclusion of the contract
- the User Guide for the service ordered
- indication of the fee for the order.
The Customer acknowledges that this statement of confirmation contains what is prescribed by Section 18 of the Decree, that is
- the information specified in Section 11(1) of the Decree, contained in the text of these GTC; and
- confirmation of the statement made by the Customer in accordance with Section 29 (m) of the Decree, which is included in this section 8 of the GTC regarding the exclusion of the right of withdrawal.
The Customer shall have no warranty rights under sections 6:159-6:167 of the Civil Code.
No code of conduct is available under Act XLVII of 2008 on the Prohibition of Unfair Business-to-Consumer Commercial Practices.
Based on section 18 of Act CLV of 1997 on Consumer Protection, the Customer may apply with his/her complaint to the following arbitration board specified in Act CLV of 1997 on Consumer Protection. The name and postal address of the arbitration board competent based on the Company’s registered seat can be found at the following link: http://bekeltet.hu/elerhetosegek/
Budapest, June 1st, 2022
Kreaktor Kommunikációs Kft
(1) * Service providers shall be authorized to process the natural identification data and home address of the recipients as required for contracts for information society services, for defining their contents, for subsequent amendments and for monitoring performance of these contracts, for invoicing the relevant fees, and for enforcing the claims arising out of or in connection with such contracts.
(2) * Service providers shall be authorized to process natural identification data and home address for the purposes of invoicing for the fees payable under the contracts for the provision of information society services to the extent related to the use of information society services, and information relating to the date, the duration and the place of using the service.
(3) In addition to what is contained in Subsection (2), service providers shall be authorized to process personal data in connection with providing the service, to the extent absolutely necessary for technical reasons. Where all relevant conditions remain unaltered, service providers shall install equipment for the provision of information society services – and operate under all circumstances – with facilities to ensure that the processing of personal data takes place only when it is absolutely necessary for providing the services and to meet the objectives set out in this Act; however, under no circumstances may they exceed the extent required in terms of time and volume.
(4) * Service providers shall be authorized to process data relating to the use of its services for reasons other than what is described in Subsection (3), such as in particular for improving its efficiency for providing the service, for the transmission of electronic communications or other targeted content to the recipient of the service, or for market research, only if the reason for processing is indicated in advance and subject to the prior consent of the recipient of the service.
(5) The recipient of the service shall be given the opportunity before subscribing to the information society service and afterwards to block the processing of his data under Subsection (4).
(6) The data referred to in Subsection (4) may not be linked to the identification data of the recipient of the service and may not be disclosed to third persons without the prior consent of the recipient of the service.
(7) * The data processed for the purposes specified under Subsections (1)-(3) shall be erased if the contract fails, if it is terminated, and after invoicing. The data processed for the purpose specified under Subsection (4) shall be erased if the reason for processing no longer exists, or if so instructed by the recipient of the service. Unless otherwise provided for by law, the erasure shall be executed without delay.
(8) The provision of information society services may not be rendered contingent upon the recipient of the service providing consent for processing his/her personal data for purposes other than what is defined in Subsections (1)-(3) of this Section, if the service in question is not available at any other service provider.
(9) In addition to the information to be communicated according to specific other legislation, service providers shall enable the recipients of the service to have access to information concerning the type of personal data the service provider is processing and the objectives at any time before and during the use of the information society services, including the processing of any data that may not be directly linked to the recipients of the service.
(1) For the purposes of this Act, ‘electronic communication’ shall mean any information society service or, exclusive of voice telephony services, any electronic message in the form of:
a) commercial advertisement as specified in Paragraph d) of Section 3 of Act XLVIII of 2008 on the Basic Requirements and Certain Restrictions of Commercial Advertising Activities (hereinafter referred to as “CAA”), or
b) information relating to the implementation of social and societal aims, other than advertisement.
(2) Electronic communication shall also mean any form of communication conveyed for the sole purpose of obtaining the consent defined in Subsection (1) of Section 6 of the CAA.
(3) The following do not in themselves constitute electronic communications:
a) information allowing direct access to the activity of the company, organization or person, in particular a domain name or an electronic-mail address;
b) communications relating to the goods, services or image of the company, organization or person compiled in an independent manner, particularly when this is without financial consideration.
(4) For the purposes of this Act:
a) ‘Electronic advertiser’ shall mean the person on whose behalf the electronic communication is published, or who orders the publication of electronic communication for his own purposes;
b) ‘Provider of electronic communications services’ shall mean any service provider whose business is to prepare and create electronic communication, and/or to provide other related services;
c) ‘Publisher of electronic communications’ shall mean a person with equipment suitable for the publication of electronic communications and using such equipment for sending electronic communications;
d) ‘Publication of electronic communications’ shall mean transmission of electronic communications either to the general public or to a single recipient.
(5) The provisions set out in Section 6 of the CAA shall also apply to the electronic communication referred to in Paragraph b) of Subsection (1) and to the form of communication referred to in Subsection (2).
(6) The electronic advertiser, the provider of electronic communications, and the publisher of electronic communications shall be subject to collective liability for any infringement of the provisions contained in Section 6 of the CAA. Liability for damages caused by such infringement lies with the electronic advertiser, the provider of electronic communications, and the publisher of electronic communications jointly and severally.
Section 14/A *
(1) The following information shall be presented clearly and unambiguously in connection with any electronic communication:
a) it shall be clearly identifiable as such immediately when it is made accessible for the recipient of the service;
b) the electronic advertiser, or the person on whose behalf the electronic communication is transmitted by way of electronic mail or equivalent individual communications shall be clearly identifiable immediately when it is made accessible for the recipient of the service;
c) promotional offers, such as discounts, premiums and gifts shall be clearly identifiable as such, including the conditions which are to be met to qualify for them;
d) promotional competitions or games shall be clearly identifiable as such, including the conditions for participation.
(2) In connection with Paragraphs c) and d) of Subsection (1), the conditions to obtain the discounts, premiums and gifts and the conditions for participation in the promotional competitions shall be easily accessible.
(3) The electronic advertiser, the provider of electronic communications, and the publisher of electronic communications shall be subject to collective liability for any infringement of the provisions contained in Paragraphs a) and b) of Subsection (1). Liability for any infringement of the provisions contained in Paragraphs c) and d) of Subsection (1) lies with the electronic advertiser.