Terms of Service
Last updated: October 20, 2023
1. INTRODUCTORY PROVISIONS
1.1. akurlee s.r.o., Company Reg. No.: 02565684, having its registered office at Rimska 1199/35, Vinohrady, 120 00 Prague 2, Czech Republic, registered in the Commercial Register maintained by the Municipal Court in Prague under File no.: C 220957 ("Akurlee") is the rightsholder to the software solution called akurlee, which consists of server application and client application for purposes of office’s space and resource management ("Software" or "Services"). Akurlee operates the Software and provides the Software as a software as a service solution to its customers.
1.2. These Terms of Service ("Terms") apply to customers using the Services provided by Akurlee ("Customer") and specify the scope of the provision of Services, payment conditions and other rights and obligations of Customer and Akurlee. The Terms represent the agreement for the provision of services ("Agreement") between Akurlee and the Customer.
1.3. Customer undertakes to pay the subscription fee to Akurlee in accordance with Akurlee's current price list available at www.akurlee.com/pricing, which represents the fee for the Services provided hereby ("Subscription Fee").
1.4. A person entering into the Agreement on behalf of a company or other entity which is not a natural person with intention to bind such entity as a Customer, confirms that he/she is authorized to act on behalf of such company or entity and undertakes to indemnify Akurlee for any harm and costs incurred by Akurlee as a result of untruthfulness of this confirmation.
1.5. To avoid any doubts, the parties expressly confirm that if there is any other written agreement concluded between the parties, it shall apply alongside with this Agreement, unless expressly agreed otherwise. In case of any conflict between the provision of this Agreement and any other written agreement made between the parties, the conflicting provisions of the Agreement shall be deferred.
1.6. Customer and Akurlee conclude this Agreement upon confirmation of valid e-mail address of Customer during registration in accordance with Article 4 hereof.
1.7. Customer acknowledges that the Services and this Agreement are intended for business use only and are not suited for consumers. Should the Customer wish to use the Services as a consumer, he/she is obliged to inform of such Akurlee and shall not use the Services for consumer purposes unless a special consumer service agreement is concluded.
1.8. The Customer may conclude this Agreement with Bright Market, LLC dba FastSpring. 801 Garden St., Santa Barbara, CA 93101 that is an authorized Software reseller ("Authorized Reseller") and acts as merchant and seller of record. In that case, the legal relationship will be subject to terms, conditions (available at: https://fastspring.com/terms-sale-us) and privacy policy (available at: https://fastspring.com/privacy) of Authorized Reseller in addition to the Agreement.
2. SUBJECT MATTER OF THE AGREEMENT
2.1. Akurlee hereby provides Customer with Services, as specified in Article 3 hereof.
2.2. Customer undertakes to pay the Subscription Fee pursuant to Article 5 of this Agreement and to use the Services within the scope of this Agreement and in compliance herewith.
3. SCOPE OF THE SERVICES
3.1. Unless expressly stipulated otherwise herein, Akurlee provides the Customer, subject to the payment of the Subscription Fee, with a right to use the Software. The Customer’s right to use the Services is provided as
3.1.1non-exclusive;
3.1.2non-transferable to third parties; and
3.1.3available for the term of this Agreement only, provided there is no delay with payment of the Subscription Fee.
3.2. Akurlee provides the Services to be used world-wide, except for territories in which the use of the Software is forbidden by applicable export regulations or by decision of Akurlee.
3.3. Akurlee provides the Customer with the Services in the quantitative scope corresponding to limitations based on the subscription plan and the number of managed resources, i.e. meeting rooms, shared desks, parking equipment and other resources ("Managed Resources") prepaid by the Customer hereunder. The maximal number of unique users of the Services on the Customer's side is limited according to the subscription plan selected. There are three (3) types of subscription plans:
3.3.1Plan Basic,
3.3.2Plan Professional, and
3.3.3Plan Premium.
The maximum number of unique users of the Services for each subscription plan is available at www.akurlee.com/pricing as part of the current price list.
3.4. Customer may extend the scope of the Services by ordering add-on services upon offer by Akurlee.
3.5. Customer is only allowed to use the Services for its internal purposes in compliance with the purpose of the Services and this Agreement and within the scope of the Services as defined herein, with no right to disclose the Software or any other outcome of the Services to third parties in any way or to provide third parties with the Services, unless stated otherwise in the Agreement or unless agreed otherwise in writing between the parties. Customer is not obliged to use the Services, and this shall have no impact on its obligation to pay the subscription fee as defined herein.
3.6. Unless expressly stated otherwise herein, Customer is not authorised to change, amend or translate the Software including its machine and source code, or include it in a collective work (collection), either alone or via third parties, to copy source code of the Software or its part and/or develop its own products or allow third parties to do so, based on source code or other intellectual property rights embodied in the Software or to do any kind of decompilation or reverse engineering with regard to the Software. In no way shall this Agreement be considered as entitling Customer to access the source code of the Software or any part of it or modify it in any possible way.
3.7. The Services also include the right to use user documentation relating to Software as and if provided to Customer hereunder for the purpose of rightful use of the Software.
4. REGISTRATION
4.1. Customer acknowledges that the provision of Services hereunder requires registration by creation of an owner account via app.akurlee.com, app.akurlee.eu or client application ("Owner Account"). Customer undertakes to provide Akurlee with valid, accurate and complete information when creating the Owner Account, particularly valid e-mail address which will be verified by Akurlee. Should Akurlee discover that Customer breached its obligation under previous sentence, Akurlee shall be entitled to suspend the provision of Services and / or terminate this Agreement upon delivery of notice of termination to Customer, whereas obligation of Customer to pay the Subscription Fee until the end of the partnership shall remain intact.
4.2. Customer shall be solely liable for safeguarding its access data to the Owner Account, especially the password. Customer undertakes to inform Akurlee of any breach of security or unauthorized use of the Owner Account. Akurlee shall not be in any case liable for any breach of security or unauthorized use of the Owner Account.
4.3. During the term hereof, Customer undertakes to inform Akurlee about any changes to its data without undue delay by updating them in the Owner Account.
4.4. Akurlee stores data of Customer or provided by Customer, including personal data, in the EU, with its business partners. The processing of the personal data is carried out pursuant Article 10 hereof. Customer acknowledges that for the due operation of the Software it is necessary for Akurlee to store calendar data entered by Customer in the client application (in this case, Akurlee stores calendar data persistently in its cloud storage using the Software) and cache calendar data from the third-party calendar services used by Customer, if they are linked to the Software by Customer. Unless specified otherwise in the Article 10 hereof the calendar data (both from the third-party calendar services and data entered by Customer) will be processed by Akurlee until manually deleted by Customer or until termination of the Owner Account.
5. SUBSCRIPTION FEE
5.1. The Subscription Fee is paid monthly or annually upfront, based on the choice of Customer, as a recurring payment. Monthly payment of the Subscription Fee shall cover thirty (30) days of use of the Services and annual payment of the Subscription Fee shall cover three hundred sixty-five (365) days of the use of the Services as of the day when payment is credited with Akurlee's bank account.
5.2. The Subscription Fee shall be calculated as multiplication of monthly/annual fee for Managed resources according to subscription plan selected by the Customer and of number of such Managed resources chosen by Customer (Managed resources may be designated in the Owner Account as "number of managed resources"). Customer may change the number of Managed resources in the Owner Account (which may be designated in the Owner Account as "Upgrade Plan"). Such change shall apply immediately. The scope of the Services shall correspond to the selected subscription plan and number of Managed resources paid by Customer.
5.3. The Subscription Fee may be increased by the price of additional services on the basis of the Customer's order according to Clause 3.4 hereof. The current price list of add-on services is available at www.akurlee.com/pricelist or as part of an individual offer from Akurlee.
5.4. Customer may pay the Subscription Fee in the following currencies: EUR, CZK, USD. The applicable currency is based on the registered seat or other place of business of Customer. Any change of the currency is subject to approval of Akurlee.
5.5. The Subscription Fee is paid by card via third-party payment providers chosen by Akurlee. Akurlee does not store or anyhow process any card or payment details and shall not be responsible for any difficulties connected with provision of incorrect payment data to payment portal. Customer agrees that Akurlee is entitled to charge the Subscription Fee once Customer provides to Akurlee with its card details or other billing information via the Owner Account or by other means. After the card payment is processed, Akurlee provides Customer with confirmation of the payment.
5.6. The parties may agree that the payment of the Subscription Fee is made via wire transfer to the bank account of Akurlee. In such case, Akurlee issues an invoice or a pro forma invoice for the Subscription Fee (to be decided upon Akurlee sole discretion). Customer undertakes to provide Akurlee with valid and complete information necessary for the issuance of the invoice, including but not limited to full name, billing address, state, postal code, technical contact information, telephone number and valid payment method information via the Owner Account. Customer having its registered seat in the EU shall provide Akurlee also with valid value added tax number (VAT number). The Subscription Fee is due and payable within fourteen (14) days as of the delivery of invoice or pro forma invoice to Customer. The parties agree that Akurlee may send invoices and pro forma invoices via email without electronic signature. For the avoidance of doubt the decision to allow payment method described in this clause is solely upon Akurlee's discretion.
5.7. Customer is not obliged to pay the Subscription Fee for the trial period as defined herein below.
5.8. Should Customer not pay the Subscription Fee for the next period according to clause 5.1 hereof, Akurlee is entitled to either suspend the provision of Services or terminate this Agreement by a written notice delivered to Customer. Customer is not allowed to use the Services when the provision of Services is suspended as well as for the period, for which Customer did not pay the Subscription Fee. The provision of Services shall be restored on the day, upon which Customer pays the Subscription Fee to Akurlee hereunder.
5.9. Any Subscription Fee paid to Akurlee is non-refundable, unless explicitly decided by Akurlee otherwise based on case-by-case basis. If Customer is of the opinion that there's been an error in billing, it shall contact support team of Akurlee to find a solution.
5.10. The date of payment shall be considered the date of the chargeable event for the accounting and tax purposes.
5.11. Customer is solely responsible for any local taxes, duties or other charges connected to use of the Services subject to this Agreement – the Subscription Fee does not include such charges and, if Akurlee becomes liable to pay such charges in the country of the Customer's registration, such charges shall be added to the Subscription Fee. In case the Customer is registered as a value added tax payer, the parties agree that the Subscription Fee does not include value added tax (VAT), which shall be added to the Subscription Fee in accordance with the legal regulations applicable on the date of payment, if applicable.
6. TRIAL PERIOD
6.1. Customer may try the Services for a limited period of time of ten (10) days ("Trial Period") for up to three (3) Managed resources free of charge subject to registration in accordance with Article 4 hereof. Akurlee hereby grants to Customer the right to use the Services for the Trial Period for up to three (3) Managed resources. Such right expires together with the expiration of the Trial Period.
6.2. In case Customer wishes to use the Services after the Trial Period or use the Services on more than three (3) Managed resources during Trial Period, Customer shall set the amount of Managed resources required (via "Upgrade Plan") and insert complete billing information according to Clause 5.5 or 5.6 hereof via the Owner Account. Such use of Services is not considered to be a part of a Trial Period use and Subscription Fee applies in accordance with this Agreement.
6.3. Repeated registration with intention to use of Trial Period repeatedly is not allowed. If this behaviour is detected by Akurlee, the Customer shall pay a Subscription Fee for every period exceeding the first Trial Period (a monthly Subscription Fee applies to any repeated use of Trial Period), unless agreed otherwise by Customer and Akurlee; such agreement is always in Akurlee's sole discretion and Customer is not entitled to demand any prolongation of the Trial Period or increase of number of the connections of the client application.
7. WARRANTIES AND LIABILITY (DISCLAIMER)
7.1. Akurlee hereby informs Customer that the Software is not free of errors or malfunctions, even though reasonable care is taken to eliminate any such errors or malfunctions without undue delay. Customer therefore accepts the Services as they are provided by Akurlee and shall use the Services at its own risk only.
7.2. Customer undertakes to ensure all protective measures for its data, systems, environments, personnel, incl. back-up, anti-virus and anti-hacking protection, trainings of its staff, on Customer's cost.
7.3. Akurlee provides no warranties or guarantees for the Services, its availability or function, and excludes in particular (without limitation) any guarantee that the Services will be fit for any purpose pursued by Customer, or that it will function in a certain way, without interruptions, secure or that it will be available at any particular time or location. Akurlee is not liable for any errors or malfunctions of the Software or that the results of using the Services will meet requirements of Customer.
7.4. Unless and to the extent such limitation is prohibited by law, the parties have agreed that the liability of Akurlee for any harm arising out of each and any potential breaches of the Agreement by Akurlee will be limited to 20% of the overall sum paid by Customer to Akurlee in the period of 4 months preceding the occurrence of a breach, and if there is several breaches, the period of 12 months preceding the first of them. Any exceeding damage is not a subject of a compensation and the Customer agrees not to claim such exceeding damage.
7.5. The parties hereby expressly agree that losses of profits, loss of orders, loss of clientele, operating losses, damage to goodwill or all actions directed against Customer by a third party are indirect damages and therefore shall not grant entitlement to any right to compensation by Akurlee.
7.6. No limitation of Customer's liability shall apply if there is any breach of Article 3, Article 8 or Article 9 hereof by Customer.
8. INTELLECTUAL PROPERTY RIGHTS
8.1. The Software, Services and other products of Akurlee are protected by trademark owned by Akurlee. Customer is not allowed to use trademark of Akurlee in connection with any products or services of Customer. Moreover, Customer is not allowed to remove trademark from the Software or any products or services of Akurlee used by Customer.
8.2. Unless specifically agreed hereunder, all intellectual property and any rights related to the Software shall remain solely with Akurlee.
8.3. If necessary for the Customer's use of the Software Akurlee grants Customer a licence, which is:
8.3.1. non-transferable;
8.3.2. non-exclusive;
8.3.3. limited to the period of the provision of Services under this Agreement;
8.3.4. not passable to Customer’s legal successors, without prior consent of Akurlee.
8.4. Any consent pursuant to the previous sentences may be provided only by an authorisation letter from Akurlee, which may be issued upon request of the Customer sent via e-mail to support@akurlee.com. Such consent may be given or withheld upon Akurlee's sole discretion.
8.5. The Software includes software available under open source licence ("Open Source SW"). Open Source SW is designated as such in the source code and Customer may use the Open Source SW separable from the Software subject to terms of the applicable open source licence. List of the Open Source SW and the terms and conditions of applicable licenses and authors is available at the "About" section of appropriate application.
9. CONFIDENTIALITY
9.1. Confidential information hereunder is deemed by the parties to be any information disclosed by one party to the other party, whether wilfully or accidentally, in oral or written form, namely any information learnt by the party in connection herewith, as well as any know-how including any information of a business, production, technical or economic nature relating to the activities of the party, having a real or at least potential value, not being commonly available in the respective business community and as such being supposed to be kept confidential. In addition, the Software, its source code and any ensuing documentation, computer programs, diagnostics, documents and any other information classified as confidential are considered the confidential information hereunder.
9.2. The parties hereby undertake to protect the confidential information provided by the other party. In particular, they undertake:
9.2.1. not to disclose or reproduce any of the confidential information of the other party to any third party, or to use them in the party's own benefit or for benefit of anyone else, or to use them in any other way, which may impair rights and rightful interests of the other party;
9.2.2. not to use any of the confidential information of the other party in contradiction with the purpose for which were disclosed the party and to allow such use by any third party, unless explicitly stated herein otherwise.
9.3. The obligation to maintain confidential the confidential information of the other party does not apply to circumstances where:
9.3.1. The party proves that such information is publicly available and as such has not been made available by the party in question or in breach of law;
9.3.2. The party is approved by the disclosing party in writing to disclose such information and do so even subsequently;
9.3.3. The disclosure of such information is required by law, decision of the authorised state authority or general measure;
9.3.4. The party uses such information for the purpose of protection of its right in the court or other proceedings governed by the public law regulations;
9.3.5. The party discloses such information to lawyers, tax advisors or similar advisors, if such persons are bound by statutory or contractual obligation of secrecy.
10. PERSONAL DATA PROCESSING AGREEMENT
10.1. The parties acknowledge that provision of Services may include data processing. In case any data transferred, stored or otherwise disclosed to Akurlee by Customer include personal data, the processing of them shall be subject to following provisions hereof.
10.2. The parties acknowledge and agree that any personal data disclosed to Akurlee in the course of use of the Software ("Personal Data") by Customer belongs to Customer and Customer is a controller of such Personal Data and Akurlee is their processor within the meaning of Article 4(8) of the General Data Protection Regulation (EU) 2016/679 ("GDPR").
10.3. Customer hereby authorizes Akurlee to carry out processing of the Personal Data on behalf of Customer in the extent necessary for performance of this Agreement.
10.4. Akurlee undertakes to process Personal Data based on documented instructions from Customer, which may be delivered via the Owner Account. The parties agree that processing of Personal Data within use of the Software subject to this Agreement is deemed as carried out in accordance with Customer's documented instructions.
10.5. Akurlee also undertakes to provide Customer with cooperation subject to the Agreement.
10.6. Unless agreed by the parties separately, processing of Personal Data is provided free of charge as an inseparable part the Services.
10.7. Akurlee processes following categories of Personal Data: identification data, contact data and meeting details including any data which are part of meeting description. Personal Data are related to the following data subjects: meeting organizers and invitees. Customer is not allowed to pass to Akurlee special categories of Personal Data within the meaning of Article 9 of the GDPR and personal data relating to criminal convictions and offences within the meaning of Article 10 of the GDPR.
10.8. Duration of processing of Personal Data shall be the same as term of this Agreement.
10.9. The parties agree that the nature and purpose of the processing according to this Agreement will always follow and be limited by the nature and purpose of the Services.
10.10. Customer undertakes to ensure that Personal Data to be processed by Akurlee are always accurate, up-to-date and collected in accordance with the GDPR and other applicable Personal Data protection laws.
10.11. Customer declares that it was informed of the Akurlee's technical and organisational measures for processing and protection of Personal Data before conclusion of this Agreement and that it considers them to be sufficient for meeting the requirements of the GDPR and for ensuring protection of the rights of the data subjects, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons.
10.12. Akurlee is obliged to act in accordance with documented instructions from Customer in connection with the processing of the Personal Data. Akurlee is also obliged to follow the Customer's instructions with regard to transfers of Personal Data to a third country or an international organisation, unless required not to do so by Union or Member State law to which Akurlee is subject. In such a case, Akurlee shall inform Customer of that legal requirement before processing, unless applicable law prohibits such information on important grounds of public interest.
10.13. Akurlee undertakes to take all measures required pursuant to Article 32 of the GDPR to prevent accidental or unlawful destruction of Personal Data, their loss, alteration, unauthorised disclosure or access of such data. In case Akurlee finds out about security breach concerning Personal Data, it will inform Customer about it without undue delay using modern technologies and procedures, with which Customer was familiarised and which Customer deems sufficient.
10.14. Akurlee undertakes to take into account the nature of the processing, assist Customer by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of Customer's obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR.
10.15. Akurlee undertakes to assist Customer in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to Akurlee. For the avoidance of doubt, the parties agree that these obligations fall upon Customer and the assistance of Akurlee will consist in providing cooperation, with consideration of adequacy of such cooperation and the nature of the performance hereof and within the framework of the Software's functionality.
10.16. Akurlee undertakes at the choice of Customer and upon the termination of this Agreement to delete or return all Personal Data to Customer after the end of the Agreement and delete existing copies unless applicable laws require storage of the Personal Data.
10.17. Akurlee undertakes to make available to Customer all information necessary to demonstrate compliance of Akurlee with the obligations laid down in Article 28 of the GDPR and allow Customer for audits, including inspections, conducted by Customer or another auditor mandated by Customer, and contribute to such audits by provision of assistance. Customer undertakes to inform Akurlee of its intent to conduct an audit or inspection at least 30 days beforehand and limit such audits to once a year occurrence only. Costs of an audit or inspection (including those of Akurlee) shall be borne by Customer exclusively, unless the parties agree otherwise in writing. Akurlee is entitled to refuse access to its systems, premises or data to third parties, unless they conclude a non-disclosure agreement with Akurlee, protecting Akurlee's data, know-how and copyrighted works adequately. Akurlee is entitled to substitute the audit cooperation with provision of a certificate of compliance with GDPR or by disclosing of results of Personal Data processing audit, provided such certificate or audit results are not older than 12 months and the certification or audit was carried out by an independent third party.
10.18. Akurlee undertakes to ensure that its employees and other persons authorised to process Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. In case of termination hereof, Akurlee, its employees and authorized persons are not relieved from confidentiality obligation related to processing of Personal Data. In such case, confidentiality obligation lasts also after the termination hereof, without prejudice to duration of relationship of respective persons towards Akurlee, in accordance with applicable laws.
10.19. With regard to clause 10.17 of this Agreement, Akurlee shall immediately inform Customer if, in its opinion, an instruction from Customer infringes GDPR or other applicable data protection laws.
10.20. Customer hereby provides Akurlee with a general authorization to engage another processor and empowers Akurlee to conclude on behalf of Customer a contract on processing of Personal Data ("Contract on Processing of Personal Data by non-EEA-based subprocessor (another processor)") with other processors located outside the European Economic Area, provided such subprocessing is necessary under the sole discretion of Akurlee and on the condition the Contract on Processing of Personal Data by non-EEA-based subprocessor (another processor) template as set out in Annex No. 1 to the Agreement is included in the agreement with the subprocessor. Akurlee undertakes to respect conditions for engaging another processor under Article 28 (2), (4) of the GDPR, namely impose on the subprocessor by way of contract the same data protection obligations as set out for Akurlee in Article 10 of the Agreement. As of effective date of this Agreement, Akurlee engages Amazon Web Services EMEA SARL, Avenue John F. Kennedy 38, Luxembourg, 1855, Luxembourg as another processors.
10.21. Customer acknowledges that the Authorized Reseller is not a subprocessor of Akurlee. Authorized Reseller is an independent data controller that may process Customer’s personal data (name, billing and contact information) and transfer such data to Akurlee on the basis of a separate agreement concluded between the Authorized Reseller and the Customer.
10.22. Akurlee undertakes to inform Customer of any intended changes concerning the addition or replacement of subprocessors, thereby giving Customer the opportunity to object to such changes.
10.23. Akurlee will process personal data of account owners as a controller in accordance with Privacy Policy.
11. TERMINATION
11.1. Unless agreed otherwise in this Agreement, this Agreement may be terminated by each Party upon a written notice delivered to the other Party. For the purposes of this clause the notice of termination may be delivered via e-mail of the party without electronic signature. Customer may terminate this Agreement by selecting and confirming "cancel subscription" in the Owner Account and/or cancelling the Owner Account completely by selecting and confirming "delete account".
11.2. Akurlee is entitled to delete the Owner Account which is inactive for more than ninety (90) days from its last activity, whereas by such deletion the Agreement concluded by registration of such Owner Account shall be considered terminated.
11.3. Akurlee may also terminate this Agreement with immediate effect in case Customer breaches this Agreement or in any other case as specified hereunder.
11.4. Upon the termination of effectiveness of the Agreement, Customer shall be obliged to cease to use the Services and any other item in its possession derived from the Services.
11.5. Termination of this Agreement shall not impact the effectiveness of its provisions that due to their subject shall remain effective, in particular provisions on confidentiality and liability.
12. FINAL PROVISIONS
12.1. Customer's rights hereunder shall not pass to its/his/her legal successor.
12.2. Akurlee may change this Agreement as well as price list containing the Subscription Fee rate from time to time. In such case Akurlee shall notify Customer of such change no later than fifteen (15) days before such change takes effect. In case Customer does not agree with such change, Customer may terminate this Agreement. If Customer continues to use the Services after the effectiveness of such change, it is deemed that Customer agrees with new version of this Agreement and amendment of this Agreement.
12.3. Unless stated otherwise in this Agreement, it may only be amended by written amendments, signed by both parties. The parties expressly exclude possibility to enter into this Agreement or to amend it with an addendum or a variation which does not substantially alter the terms of an offer.
12.4. The parties hereby agree that the legal relationship created hereunder shall be governed by the law of the Czech Republic, especially the Civil Code and Copyright Act, without its rules of conflict of laws.
12.5. In case any term or phrase in this Agreement allows various interpretations, it should be interpreted in accordance with purpose hereof. The parties explicitly exclude interpretation to the detriment of the person who used the term first.
12.6. The parties hereby expressly exclude use of any other commercial or licensing terms or business habits than this Agreement in connection with the Software.
12.7. Unless agreed otherwise in the Agreement, any dispute arising in connection with the Agreement shall be finally decided by Czech courts.